I-6 - Resolution 2024-053 - Johnson County Mutual Aid 28E Agreement 2024

SECTION V. COMMAND AT SCENE In accordance with the National Incident Management System (NIMS), the responding department personnel and equipment shall report to the incident commander of the requesting department, who shall be in charge at the incident location unless he/she specifically relinquishes this authority to another officer. The incident commander shall have the power to issue reasonable orders and directives, and responding officers will then act on the orders unless they are unlawful or unsafe. The responding department personnel and equipment shall be released by the requesting department when the services of the responding department are no longer required or when the responding department personnel and/or equipment are needed in their first-due (home) districts. Responding personnel and equipment may withdraw from the requesting district upon giving notice to the command officer at the incident location that they are needed in their first-due (home) district. JECC will be notified over the radio and will document the withdrawal time to the incident call for service record. It is understood that the purpose of this section is to maintain order and safety at the incident scene and shall not be construed to establish an employer/employee relationship. SECTION VI. NO REIMBURSEMENT FOR COSTS No member department shall be required to reimburse any other member department for the cost of providing the services set forth in this agreement. Each member department shall pay its own costs (salaries, repairs, materials, compensation) for responding to the requests of other member departments. However, the requesting department shall provide without charge, such additional fuel as may be required by the responding department to carry on the combined efforts after its initial fuel supply is depleted, plus sufficient fuel to fill their fuel tanks before they return to their home district. Further, the requesting department shall reimburse the responding department(s) for the cost of special materials, such as but not limited to, foam or other special materials, specifically requested by the requesting department and which are provided by the responding department and utilized at the site of assistance. Member departments who offer or make available training opportunities, training props, or resources may charge reasonable costs and expenses, including supplies or materials. Nothing in this Agreement shall prevent or limit any party to this Agreement from recovering or attempting to recover costs of services rendered to a third party where such recovery of costs is provided for by law, including for replacement of equipment or supplies as applicable, such as hazardous materials incidents. SECTION VII. LIABILITY Employees or volunteers of any member department acting pursuant to this agreement shall be considered as acting under the lawful orders and instructions pertaining to their employment with their member department. Under no circumstances are they to be