Sample Fire Department Mutual Aid Agreement

WHEREAS, the governmental units of _______________ have rendered mutual aid in fire services in the past and anticipate a continuing demand for such mutual aid and cooperation in the use of their fire personnel and equipment for the safety, health, and welfare of the people of their respective governmental units during times of emergency;

NOW THEREFORE, _______________ does hereby agree that its fire department will render mutual aid to ______________ under the following conditions:

1. In the event of any serious emergency, the parties to this agreement shall cooperate in an effort to provide fire services subject to the terms and conditions prescribed in this agreement.

2. The fire chief, the director of public safety, or commanding officer of the fire department of the parties to this agreement, or such other individual as the governing body of such governmental unit may from time to time designate by resolution, shall have the authority in the event of serious emergency to determine whether men and/or equipment shall be sent beyond the jurisdictional limits of the responding party. It is the intention of this agreement to vest in each party to this agreement the sole right to determine when its needs will permit it to respond to a call by the other unit of government, and it is further agreed by the parties thereto that if the fire department shall refrain from sending any men and/or equipment beyond its jurisdiction, that such unit thus failing to respond shall not be liable for damage to the party to this agreement.

3. The fire chief, director of public safety, or commanding officer of the department requesting mutual aid shall be in command of all units responding from other governmental units. All personnel and equipment of a responding unit shall be under the immediate command of the highest ranking officer attached to such responding units. All commands and orders for the use of such personnel and equipment shall be made for the commanding officer of the requesting department through the ranking officer of the units responding, whenever possible. The officer in charge of the department sending assistance shall, however, at all times have the power to recall to the responding department any men or equipment from an assistance mission.

4. Each governmental unit entering this agreement shall continue to provide the same salaries, compensation for death or disability, and retirement and furlough payments to their employees who are assigned to render assistance to another governmental unit in performance of this agreement as that employee would receive if on-duty within the corporate limits of the governmental unit by which he is employed. (Cost of repairs and maintenance of equipment used or expended while rendering assistance under this agreement will be borne by the governmental unit owning the equipment.)

5. When a governmental unit responds with mutual aid, it should be understood that the responsibility of providing and/or requesting aid to protect the unprotected area is that of the responding unit.

6. Either party to this agreement may at any time withdraw from further participating in this agreement by giving 30 days prior written notice of termination to the other parties of this agreement.

7. In witness whereof, the parties sign and execute this agreement as of this ____ day of ____________, 19__.