RES 2016-16 Adopted RESOLUTION NO. 2016-16
AUTHORIZING THE CITY TO ENTER INTO A MUTUAL AID AGREEMENT WITH
THE CONSOLIDATED GOVERNMENT OF RICHMOND COUNTY AND THE CITY
OF AUGUSTA
WHEREAS, the Cities of Augusta, Georgia and North Augusta, South
Carolina have certain contiguous boundaries; and,
WHEREAS, Augusta and North Augusta each maintain and staff a fire
department for the purpose of fire suppression, protection, prevention, rescue and
emergency medical assistance in response to other local emergencies; and,
WHEREAS, the City of Augusta has requested that the City of North
Augusta enter into a mutual aid agreement that would allow for the two agencies to assist in
the event of a fire or other local emergency, as well as take part in joint training exercises;
and,
WHEREAS, both Cities are authorized pursuant to the laws of their
respective states to enter into such mutual aid agreements; and,
WHEREAS, the Public Safety Director for the City of North Augusta has
recommended that the City enter into such agreement; and,
WHEREAS, the Mayor and City Council for the City of North Augusta have
reviewed this matter and have determined that it is in the best interest of the City that such
mutual aid agreement be entered into.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of
the City of North Augusta, South Carolina in meeting duly assembled and by the authority
thereof that the City of North Augusta is authorized to enter into the Mutual Aid Agreement
as attached hereto, marked "Exhibit A" with the consolidated government of Richmond
County and the City of Augusta; and,
BE IT FURTHER RESOLVED that John C. Thomas, Director of Public
Safety and/or B. Todd Glover, City Administrator for the City, be authorized to execute such
documents as necessary in order to complete such Mutual Aid Agreement.
DONE, RATIFIED AND ADOPTED BY THE MAYOf AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA,ON THIS THE2 DAY OF MAY,2016.
Lark W. Jones, Mayor
ATTEST:
Donna B. Young, Ci y Cle
EXHIBIT A
AUGUSTA, GEORGIA AND NORTH AUGUSTA,SOUTH CAROLINA
MUTUAL AID AGREEMENT
This AGREEMENT (the ''Agreamen/'), made as of day of .2010. (the "Effective
Date") by and between AUGUSTA GEORGIA, the consolidated government of Richmond County
and the City of Augusta and a political subdivision of the State of Georgia, acting by and through its
duly elected Board of Commissioners (hereinafter referred to as ^AUGU3TA^), and the City of North
Augusta, a political subdivision of the State of South Caro|ina, acting by and through its duly
elected City Council (hereinafter referred to as "North Augusta") Augusta and North Augusta are
each sometimes referred to herein as a ''Party" to this Agreement and may be jointly referred to
as the "Parties",
V/|TM[S8ETH:
WHEREAS, Augusta and North Augusta have certain contiguous boundaries; and
WHEREAS, Augusta and North Augusta each maintain and staff a fire department for the purpose of
fire ouppnasoion, pmtection, pnevondon, rescue and emergency medical assistance and response to other
local emergencies; and
WHEREAS, Augusta and North Augusta have determined that it is to the mutual advantage and
benefit of each Party that they render supplemental fire auppresoion, prohaction, prevention, rescue
and emergency medical assistance and response to other local emergencies to the other Party in the
event of a fire or other local emergency, and that the Parties take part in joint training exercises,
and
WHEREAS, it is the desire of the Parties to enter into this Agreement for mutual aid pursuant to the
Georgia Mutual Aid Act, OC.G,A. Section 36'69'1, et aeq and pursuant to the 190 Constitution of the
State of Georgia, Article IX, Section 11,Paragraph 3.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other good and
valuable consideration, the Parties hereto agree as follows:
1. MUTUAL AID.
(a) The generally available level of mutual aid shall be as agreed upon by the Fire Chief of
Augusta (the "Augusta Fire Chief") and the City of North Augusta the Director of Public
Safety (the "North Augusta Fire Chief'). The Party furnishing aid shall determine the actual
amount of equipment and staff it will make available in each instance of emergency
based on the available personnel and equipment and local conditions at the time of the
emergency
(b) Aid actually furnished may be recalled at the discretion of the Augusta Fire Chief or the
North Augusta Fire Chief as the case may be or by the designee of the Fire Chief of the
Party furnishing the aid.
(o) The Parties will participate in joint training exercises to promote a basic standardization of
operations and philosophy to the extent necessary as determined and agreed upon by the
Augusta Fire Chief and the North Augusta Fire Chief.
2. SUPERVISION.
(a) The Parties shall create an agreed-upon Incident Command System (''|CS^),which shall direct the
handling of all incidents. Each Party shall designate and dispatch a Chief Officer. The Chief Officer
of the furnishing Party shall coordinate resources of the furnishing Party and shall report to the
Chief Officer of the receiving Party.
(b) When the furnishing Party's Chief Officer arrives before the Chief Officer of the receiving
Party, that officer shall coordinate and give general directions as to the work to be done.
This Chief Officer of the furnishing Party will be in command until properly relieved by the
Chief Officer of the receiving Party.
(c) Personnel from the furnishing Party will work under their own supervisors and with their own
equipment except as provided in Paragraph 1(a) above.
(d) The appropriate officers of the receiving Party will give direction regarding work to the Chief
Officer of the furnishing Party except as provided in Paragraph 2(a) above.
(e) Each Party agrees that it will be responsible to provide any backup coverage necessary for its
own operations.
(0 The receiving Party will be responsible for providing gaso|ine, diesel fuel oil and other
material as needed for use of equipment at the scene of the incident or in the a|barnative,
may submit payment to the furnishing Party for such materials provided by the furnishing
Party
3. LIABILITY.
(a) The provisions of this Agreement shall not be construed as creating a duty or any liability on
the part of either Party to this Agreement to respond to an incident within the jurisdiction
of the receiving Party. The Fire Chief of the Party being asked to furnish aid shall have the
sole discretion to determine if such aid shall be furnished to the other Party,
(b) There shall be no liability imposed on any Party or its personnel for failure to respond to any
incident pursuant to this Agreement.
(c) No employee or volunteer of a Party shall be deemed to be an emp|oyee, volunteer or agent of
the other Party because of any action or incident arising pursuant to this Agreement.
(d) All damages or repairs to any equipment or apparatus shall be the responsibility of the owner of
such equipment or apparatus.
(e) Any damage or other compensation which is required to be paid to any employee or
volunteer by reason of an injury occurring while providing services pursuant to this
Agreement shall be the sole responsibility of the Party for whom such injured person is
serving as an employee or volunteer.
4. CONSIDERATION AND COMPENSATION.
(a) No Party is required to pay any compensation to the other party for services rendered pursuant
to this Agreement.
(b) The mutual advantage and protection afforded by this Agreement is adequate consideration to
each Party.
(c) Each party to this Agreement shall comply with workers compensation laws of the State of
Georgia without any cost to the other Party.
(d) Each party shall pay its own personnel and other costs without cost to the other Party except as
provided in Paragraph 3(e) of this Agreement.
5. RELEASE OF CLAIMS.
Each Party agrees to release the other Party from any and all |iabi|ity, claims, judgments, oosto, or
demands for damage to its Property or for personal injury to its pemonne|, whether directly arising
or indirectly arising out of the use of any vehio|e, equipment, or apparatus by the other Party during
the provision of service pursuant to this Agreement.
6. THIRD-PARTY BENEFICIARIES.
This Agreement shall not be construed as, or deemed to bo, an Agreement for the benefit to
any third- party or pudieo, and no third-parties shall have any right of action hereunder for
any cause whatsoever.
7. TERM OF AGREEMENT.
(a) Unless otherwise extended or shortened in writing by all partion, this Agreement shall expire
five (5) years from the Effective Date of this Agreement. In no event shall this Agreement
extend for more than five (5) years from the Effective Date of this Agreement. This
Agreement may be unilaterally terminated by either Party upon sixty (80) days prior
written notice to the other Party.
m.STANDBY 0FEQUIPMENT- MUTUAL AID.
(a) Each Party agrees and acknowledges that it will be the responsibility of each Party to provide
back-up coverage necessary for its own operation,
(b) In the event that a receiving Party has dedicated a major amount of fire suppression or
specialized equipment on an inciden1, the receiving Party may request aid to cover vacant
areas by locating personnel or equipment of the furnishing Party in the receiving Party's
9. ENTIRE AGREEMENT.
(a) This Agreement shall constitute the entire Agreement between the Parties and no
modification thereof shall be binding unless evidenced by an amendment to this Agreement
or a subsequent signed written agreement.
(h) This Agreement shall be the sole instrument for the provision of emergency fire ouppreosion,
protection, prevention and rescue and emergency medical assistance and response to other local
emergencies between the Parties.
l0. S[Y[&AU|L|TY0FTERMS.
In the event any part or provision of this Agreement is held to be inva|id, the remainder of this
Agreement shall not be affected thereby and shall continue in full force and effect.
| I. GOVERNING LAW.
This Agreement shall be governed in all respects by the laws of the State of Georgia.
12. cONsTKU[Ti0N.
Nothing in this Agreement is intended to or shall be construed as modifying the respective rights
and obligations of the Parties under a mutual aid agreement as specifically provided by the Georgia
Mutual Aid Act.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
three counterparts, each to be considered as an original by their duly authorized officers.
AUGUSTA, GEORGIA NORTH AUGUSTA, SOUTH CAROLINA
By: By:
Hardie Davis, Jr. Executive Officer,
North Augusta, South Carolina
Mayor, Augusta, Georgia
ATTEST:
Clerk of the Board of Commissioners
Of Augusta, Georgia
4