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Western Maine Firefighters AssociationDownload WMFA Mutual Aid Agreement NOTE: Comments and responses to this Mutual Aid Agreement should be sent to Mike Hooker, 464 State Rt. 121, Otisfield, ME 04270 or via email at Mike-Hooker@IDEXX.com Whereas a municipality, that has written mutual aid agreements with area Fire Departments, has depleted their equipment and manpower by either committing them to an incident, multiple incidents, equipment failure, or other unforeseen circumstances, demonstrates the need for additional resources, that department may request additional resources from the Western Maine Firefighters Association. It is the intent of this agreement to augment the fire fighting abilities a community receives to protect loss of life, damage to the environment, and curtail property loss only when the host department has exhausted the resources available through its own equipment, and manpower, and that of its mutual aid agreements. By signing this document you are committing your department to both offering, and receiving aid from all participating departments. This document is restricted to the municipalities of the Western Maine Firefighters Association and adjacent communities that share our border. MUTUAL AID AGREEMENTThe following is a Reciprocal Mutual Aid Agreement (Agreement) to furnish Fire Protection and Related Emergency Services among the Member Communities of The Western Maine Firefighters Association Agreement. Each Member Community being a Municipal Corporation organized under the laws of the State of Maine, and situated in, or adjacent to the county of Oxford, acting pursuant to the Title 30-A Maine Revised Statutes Annotated, section 3156, hereby agrees as follows: 1. Upon request by a Fire Chief or Officer in Charge, the Fire Departments of the Membership Communities shall render such assistance to each other as each fire department, in the discretion of the Fire Chief or Officer in Charge, is able to do. 2. Each member Community’s fire department shall respond to requested calls for assistance from another member in a prompt and safe manner. 3. When a request for aid is received, the Member Communities fire department(s) shall send such equipment and personnel to aid in extinguishing of a fire or to assist in any other related emergency services in accordance with these guidelines, except that said aiding fire department shall always be permitted to retain sufficient firefighting equipment and personnel to fight any fire or meet any emergency within its own boundaries that may be reasonably anticipated. 4. The covenants of this Agreement are specifically limited to assistance rendered within the municipal boundaries of the requesting Member Community’s fire department(s). Each member fire department may place personnel and equipment on a “stand by alert” status at its own fire station when ever requested by the Member Community fire officer in need. Each Member Community fire department may relocate such personnel and equipment on “stand by alert” statues specifically requested by the requesting fire officer in charge, to the fire station of choice of the requesting Member Community fire department. 5. The visiting Member Community fire department(s) shall remain under the command of the Incident Commander until dismissed by him or her, unless an emergency in their community draws them back. The Fire Chief or Official in charge of the requesting Member Community fire department is the Incident Commander. 6. In requesting and accepting aid and assistance under this Agreement the requesting Member Community fire department shall be deemed to have accepted any and all liabilities and responsibilities for damages and torts to third parties as may be determined by a court of competent jurisdiction. The requesting Member Community fire department shall hold harmless and indemnify and defend all responding Member Community fire departments from any and all claims and damages that may be incurred during the course of the emergency operations. 7. Each visiting Member Community fire department is, however, responsible for damage to and loss of its own equipment, injuries to its personnel, and liability to third parties caused by negligence of its own personnel on the fire scene or when traveling to or returning from any call for assistance. 8. Each party to this Agreement shall provide Workers Compensation insurance to cover its own personnel for compensable injuries arising out of aid rendered under this Agreement. Each party shall also maintain sufficient liability insurance on its vehicles and other liability insurance consistent with the limits in the Maine Tort Claims Act ($400,000- 1999) 9. The first and highest priority of each Member Community fire department is the protection of lives and property and the suppression of fires within its own boundaries. As such, the requesting fire official shall dismiss the visiting Member Community fire department(s) as soon as reasonably practical. 10. If for any reason, the visiting Member Community fire department is unable or unavailable to assist, the visiting fire officer in charge shall immediately notify, the requesting fire department of same. 11. Except as specifically limited herein, this Agreement provides for the free and uninhibited sharing and supporting of emergency services among the parties hereto. Labor, materials, and utilities costs shall be borne by each of the parties as though each was responding solely to emergencies within its own municipal boundaries. There shall be no charge for services rendered or made available. Each Members Community fire department shall bear the full cost of lost, damaged or destroyed tools, equipment and apparatus of its own department. 12. As part of this Agreement, each fire chief shall be empowered to have the discretion to take equipment and personnel to other Member Communities, at their invitation, that are parties to this Agreement to participate in, but not be limited to, training sessions, musters, parades and other fire and related emergency functions. 13. Amendments to this Agreement may be offered by a member fire department. Amendments become effective immediately upon adoption by 67% of the membership. 14. This Agreement constitutes the entire understanding among the subject parties. 15. This Agreement shall continue to remain in effect on a year to year basis, however, any party may withdraw from this Agreement upon thirty (30) days notice to the other Member Communities. 16. Any problems arising from this Agreement shall be resolved by the joint action of the Municipal Officers of all of the Member Communities. 17. If any portion, part, or provision of this Agreement is held to be unconstitutional, invalid, or unenforceable, it shall not be deemed to invalidate or render unenforceable any other portion, part or provision. Copies of this Agreement shall be kept on file at the Norway Fire Department headquarters at 19 Danforth Street, Norway, ME 04268 (Western Maine Firefighters Association legal address), as well as the Municipal Offices of each Member Community. This is to certify that the Member Community has authorized execution of this Agreement by majority vote of the municipal officers. In witness whereof, the parties hereto executed this Agreement on the day and year listed below.
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