(A) When used in this agreement, the terms POLITICAL SUBDIVISION and MUNICIPALITY are interchangeable and shall mean any county, city, borough, township or incorporated town or authority thereof (Boroughs of Bath, Chapman, Nazareth, Stockertown, Tatamy and Townships of Bushkill, East Allen, Lower Nazareth, Moore and Upper Nazareth).
(B) Each above-named municipality agrees to furnish emergency services to any other above-named municipality upon request of such other municipality at the direction of the County Emergency Management Agency or other organization exercising coordination responsibilities pursuant to the EMS Code. The emergency services, as defined by 35 Pa.C.S.A. § 7102, may involve the preparation for and the carrying out of functions, other than functions for which military forces are primarily responsible, to prevent, minimize and provide emergency repair of injury and damage resulting from disaster, together with all other activities necessary or incidental to the preparation for the carrying out of these functions. The functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, disaster warning services, communications, radiological shelter, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, emergency resource management, existing or properly assigned functions of plant protections, temporary restoration of public utility services and other functions related to civilian protection.
(C) Each municipality authorizes the providing of emergency services by emergency services personnel of other municipalities, if and when such services are provided pursuant to the exercise of emergency management coordination responsibilities.
(D) This agreement shall apply to the following circumstances and/or situations:
(1) The dispatch of emergency services equipment and/or personnel by one or more municipality in response to the occurrence or threat of a human-made, natural or war-caused disaster;
(2) The distribution of materials, supplies, equipment and other forms of aid by and between municipalities;
(3) The staffing and equipping of an emergency operations center responsible for coordinating the emergency response activities of one or more municipality affected by an actual or imminent human-made, natural or war-caused disaster emergency;
(4) The dispatch of emergency services equipment, material and/or personnel by one or more municipality in response to a declaration of local disaster emergency by one or more municipality;
(5) Response to incidents (actual or imminent) which endanger the health, safety or welfare of the public, which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract or remove the danger caused by the incident; and
(6) Participation in exercises, drills or other training activities designed to train personnel to prepare for, cope with or prevent the occurrence of any disaster emergency.
(E) It is mutually understood and agreed that the providing of and direction of disaster emergency management services is the responsibility of the lowest level of government affected. When two or more municipalities are affected, the County Emergency Management Agency shall exercise responsibility for coordination and support to the area of operations.
(F) Any request for aid hereunder shall state the amount and type of equipment or personnel requested, but the amount and type of equipment and number of personnel to be furnished shall be determined by the responding municipality. The responding municipality may, at its discretion, terminate or recall emergency services furnished by it. No municipality shall be held liable to another municipality for failure to supply assistance at the request of the other municipality or entity responsible for coordination of emergency management services.
(G) Personnel of the responding municipality shall report to the officer in charge of the requesting municipality or his or her designee at the location to which the equipment or personnel are dispatched, but such equipment or personnel shall remain under the operational control of the municipality furnishing the emergency services.
(H) No political subdivision shall be required to pay any charge or compensation to any other political subdivision for services rendered hereunder. Each political subdivision remains liable for the salaries of its personnel in the same manner as if the personnel were assigned to duty in the home political subdivision, even though said personnel are responding to an emergency in another political subdivision.
(I) In the event that the services of a private entity are involved herein, the municipality receiving such services may be required to compensate such entity in such manner as provided for in an agreement between the entity and another municipality for the type of services provided.
(J) Each political subdivision shall maintain worker’s compensation insurance to cover emergency services personnel employed by the political subdivision. If injury or loss occurs under any circumstances to any emergency services employee in a political subdivision other than that of his or her employer, the employing political subdivision shall be solely liable for payments of all worker’s compensation claims arising from said injury or loss. Each political subdivision hereby warrants in writing to the others that it has conferred with its worker’s compensation insurance carrier and that the provision in this agreement is lawful and in accordance with the insurance policies for worker’s compensation now held by the respective political subdivisions.
(K) Each political subdivision shall maintain adequate general and public liability insurance policies which cover the emergency services activities of the political subdivision when acting pursuant to the terms of this agreement.
(L) No political subdivision shall present any claim of any nature against any other political subdivision for compensation for any loss, damage or personal injury or death occurring in consequence of the performance of the services called for in this agreement.
(M) This agreement augments any prior mutual aid agreement between any of the political subdivisions that are parties to this agreement.
(N) This agreement shall become effective for each political subdivision participating herein upon the adoption of an ordinance by the political subdivision providing for the entry into this agreement. This agreement shall continue in force and remain binding upon each political subdivision until the governing body of such political subdivision shall take action to withdraw therefrom. Any political subdivision that is party to this agreement may withdraw upon 90-days’ written notice to each of the other parties. Upon such event, however, this agreement shall continue to exist among the remaining parties.
(O) In the ordinance codified herein, the Borough Council hereby approved and authorized execution of the emergency services mutual aid agreement.
(Ord. 230-2008, passed 1-7-2008)