Emergency Mutual Assistant
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Intermunicipal Agreement for Emergency
Mutual Assistance
Agreement made this Ii day of ~' 1999 by and among
the various cities, town, and villages situated in the County of
Dutchess, State of New York (hereafter the ~participating
municipality") which have elected for the mutual consideration
set forth herein, and by resolution of their respective governing
bodies as required by law, to accept the rights, benefits and
obligations herein set forth for the purpose of establishing a
program of mutual assistance covering events of emergency which
can be addressed by the sharing of municipal equipment, supplies
and manpower, it being the understanding that the identity and
number of participating municipalities may change from time to
time, in accordance with the provisions hereof, but that the
terms of this agreement shall define the relations among the
participating municipalities as to events, acts or omissions
which arise during, or arise out of, any municipality's period of
participation as a party to this agreement
WHEREAS, municipalities in the County of Dutchess have
experienced past events of public emergency typicall~ caused by
extraordinary weather conditions which threaten public health,
safety and welfare by, among other things, rendering public
highways and related improvements impassable or inaccessible, and
thereby suspending necessary public and private services, due to
flood, snow, ice, wind or obstructions; and
WHEREAS, the effects of such emergency events do not
necessarily impact all local municipalities (cities, towns, or
villages) in the region to the same extent or degree; and
WHEREAS, certain emergency events may be expected
occasionally to overwhelm the equipment, supplies and personnel
of any particular local municipality and the ability of federal,
state or county government to provide timely aid; and
WHEREAS, local municipalities which are spared the ravages
of any particular event of emergency, or suffer them to a lesser
degree, may possess the ability consistent with bUdgetary
constraints, and availability of equipment, supplies and
personnel, to render mutual assistance upon request to a local
municipality; and
WHEREAS, this agreement is intended to encourage one or more
participating municipalities expeditiously to assist another in
time of extraordinary need, and it is not intended t~ act as a
replacement for ordinary and customary needs; and
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WHEREAS, the participants to this agreement subscribe to the
principle that intermunicipal mutual assistance in time of
emergency, although frequently occurring without the presence of
formal program or agreement, will be further promoted by the
establishment of a specific program and agreement which, although
non-exclusive and strictly voluntary as to any need to give
mutual assistance, addresses legal rights and responsibilities
arising as between a municipality requesting assistance and the
municipality choosing to provide it, thereby reducing uncertainty
as to legal entanglement and unleashing greater potential for
expeditious aid; and
WHEREAS, the participants further subscribe to the potential
effectiveness to be afforded by establishment bf a committee of
rotating membership to encourage and broaden, as necessary, the
giving of mutual assistance among participating municipalities,
upon review of the circumstances of any particular participant's
plight caused by emergency, including consultation as necessary
with federal, state and county emergency or disaster programs,
and to mediate any disputes which may arise hereunder; and
WHEREAS, it is not the intent of this agreement to provide
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the exclusive means of participating municipalities to seek, or
to provide, mutual assistance in times of emergency or otherwise
as between or among themselves, but merely to provide one means
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to that end should any participating municipality elect, on a
case by case basis, to evoke the terms of this agreement in the
manner hereafter set forth; and
WHEREAS, this agreement, and each participating
municipality's joinder and adherence to it, are undertaken
pursuant to Article 5-G of this state's General Municipal Law.
NOW, IT IS HEREBY AGREED, by and among each participating
municipality, during the period of each such municipality's
participation in the terms of this agreement that:
1. DEFINITIONS
(A) Participating municipality: any city, town or village
situated in Dutchess County, New York which elects, by adoption
of a resolution by its governing body in the form attached hereto
as Appendix ~A", and the filing of a copy of such resolution
with the Chairperson of the Dutchess County Supervisors and
Mayors Association, to become a party to this agreement, and this
agreement shall be deemed freely amended from time to time to add
parties upon such an event of adoption and filing of a
resolution;
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(B) Committee for Mutual Emergency Assistance: a committee
established under this Agreement to serve without compensation,
and consisting of 3 members who shall be (1) the Chairperson of
the Dutchess County Supervisors and Mayors Association, (2) the
Chairperson of the Dutchess County Highway Superintendents
Association, and (3) a person selected by the Chairperson of the
Supervisors and Mayors Association; the Committee shall be
empowered to appoint unpaid designees, if deemed advisable, to
carry out its functions to promote the providing of emergency
mutual assistance and dispute mediation;
(C) Emergency mutual assistance: the providing of equipment,
supplies and personnel by a participating municipality, upon
written request, or oral request confirmed in writing as soon
thereafter as practicable, of a participating municipality under
this agreement in the form attached hereto as Appendix "B", or
the providing of such aid by a participating municipality at the
request of the Committee for Emergency Mutual Assistance;
(D) Requesting municipality: the city, town or village
requesting and receiving emergency mutual assistance as a
participating municipality under this agreement;
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(E) Responding municipality: a city, town or village
providing emergency mutual assistance as a participating
municipality under this agreement.
2. FUNCTIONS OF THE COMMITTEE FOR EMERGENCY MUTUAL ASSISTANCE
(hereafter the "Committee"): The providing of emergency mutual
assistance is strictly voluntary by any participating
municipality. However, it is past experience that equipment,
supplies and personnel tend to be shared to address public
emergency situations where the request is legitimate, the costs
and risks to the assisting municipality are defined, and the
seriousness of the circumstances are made known. The core
function of the Committee, or its designees, is to act as a
clearinghouse in times of emergency to ascertain and to
disseminate any participating municipality's need for emergency
mutual assistance, and to broaden the shared response of
potential responding municipalities to the extent reasonable and
necessary. The further role of the Committee is to aid in the
administration of this agreement through the receipt and informal
monitoring of copies of (a) written requests among participating
municipalities for emergency mutual assistance hereunder, and (b)
statements for cost reimbursement by responding municipalities to
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requesting municipalities. In the event of disputes among
participating municipalities, arising under this agreement, the
Committee shall attempt to mediate to the extent requested.
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3. RESPONSIBILITIES OF REQUESTING MUNICIPALITY: The requesting
municipality shall:
(A) enforce parking regulations within its boundaries, and
arrange for the removal of illegally parked vehicles;
(B) provide vehicle fuel, oil, and minor repairs as needed
to equipment of a responding municipality, as well as food and
lodging as necessary for borrowed employees;
(C) provide for the release of equipment and personnel back
to a responding municipality when emergency need ceases, or
immediately upon request of the responding municipality for any
reason;
(D) provide for safe and efficient use of borrowed
equipment;
(E) provide adequate guides, route maps, communications, and
supervision to aid borrowed employees;
(F) promptly reimburse the responding municipal~ty for the
actual labor costs, including fringe benefits and travel mileage
associated with the borrowed employees, whose time shall be
accurately monitored by the requesting municipality in a fashion
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allowing the responding municipality to process its payroll and
to determine fringe benefits and other compensation, and for the
cost of supplies and materials provided by the responding
municipality which, for purposes of reimbursement, shall provide
an itemized voucher to the requesting municipality and copies of
such vouchers to the Committee; and
(G) recompense the responding municipality for major
. equipment dama~~ or loss caused other than by negligent act or
omission of a borrowed employee of the responding municipality in
operating same.
4. BORROWED EMPLOYEES OF THE RESPONDING MUNICIPALITY: Personnel
provided by a responding municipality shall continue to be
employees of the responding municipality, and their terms and
conditions of employment shall continue to be governed by any
collective bargaining agreement between the responding
municipality and the pertinent labor union, except as such
collective bargaining agreements may be modified to accommodate
participation in this agreement. Unless the responding
municipality chooses to dispatch supervisory personnel to the
site(s) of work performed for the requesting municip~lity, the
borrowed employees shall be subject to the supervision, direction
and control of supervisory personnel of the requesting
municipality. All rights to discipline or reprimand the borrowed
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employee remain at all times with the responding municipality.
Any injury occurring on the job to an employee of a responding
municipality shall be the responsibility of the responding
municipality provided it is subject to coverage under Workers'
Compensation.
5. INDEPENDENT CONTRACTOR RELATIONSHIP: This agreement is not
intended to create a partnership or joint venture between or
among any participating municipality, and responding
municipalities shall constitute independent contractors in the
providing of emergency mutual assistance to requesting
municipalities.
6. DEFENSE AND INDEMNIFICATION: A requesting municipality shall
defend, indemnify and hold harmless a responding municipality
against any and all liability for loss, damage, cost or expense
which a responding municipality may incur by reason of bodily
injury, including death, to any person or persons or by reason of
damage to or destruction of any property, including the loss of
use thereof, which result from furnishing emergency mutual
assistance and whether or not due in whole or in part to any act,
omission, or negligence attributable to the respondiag
municipality. In the event any claim or demand is made or suit
or action is filed against a responding municipality alleging
liability for which the requesting municipality shall defend,
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indemnify and hold harmless a responding municipality, the
responding municipality shall promptly notify the requesting
municipality thereof, and the requesting municipality, at its
sole cost and expense, shall settle, compromise or defend the
same in such manner as it in its sole discretion deems necessary
and prudent.
Where payments are made to a responding company's employees
under a worker's compensation or disability benefits law or any
similar law for bodily injury or death resulting from furnishing
emergency mutual assistance, the requesting municipality shall
make reimbursement to the responding municipality to the extent
such benefit payments increase the responding municipality's net
costs of worker's compensation or disability coverage.
7. WAIVER OF CLAIMS: No participating municipality rendering
emergency mutual assistance make any warranties or
representations of performance of any kind. Under no
circumstances shall a party hereto, or its public officers or
employees, be liable to another party hereto, whether in tort,
strict liability, contract or otherwise, for any special,
indirect, incidental, or consequential damages sustained by the
other party arising from or related to this agreement or the
implementation of same (including, but not limited to, the
performance of services by borrowed employees) and each party
hereby releases and discharges each other party hereto, and its
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public officers and employees therefrom. To the extent permitted
by law, the waiver and release provisions of this paragraph shall
apply regardless of whether or not the specified types of damages
arising from or related to this agreement, or the implementation
of same, result from the negligent acts or omissions of the
borrowed employees or supervisors provided by a responding
municipality.
8. TERM: This agreement shall have an initial duration equivalent
to the balance of the calendar year in which it entered into by
at least two participating municipalities, and it shall be
automatically renewed on a calendar year to year basis and
continue to bind any initial parties, or those parties which
agree to its terms subsequently in the manner set forth herein,
until any particular party gives written 30 day advance notice to
the Chairperson of the Committee of withdraw from further
participation in the agreement. Withdraw of anyone
participating municipality does not cancel the agreement as among
the others, nor does it relieve the withdrawing party of any
rights or obligations arising during its participation in and
implementation of the agreement.
9. ASSIGNABILITY: This agreement is not assignable.
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10. THIRD-PARTY BENEFICIARIES: The parties intend that no
persons or entities shall be beneficiaries of the terms or
implementation of this agreement.
11. MERGER: This agreement contains the entire agreement among
the parties relating to the subject matter hereof and any prior
or contemporaneous oral or written understandings or agreements
relating to the subject matter of this agreement are merged
herein. This agreement may be modified only by a writing signed
by each of the parties hereto at the time of proposed
modification.
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