Public Safety Committee

CITY OF HENDERSONVILLE PUBLIC SAFETY COMMITTEE October 10th, 2023, at 5:15 p.m. 101 Maple Drive North, Hendersonville, TN 37075 I. Call to Order by the Chairman II. Acceptance of agenda III. Minutes A. Approval of August 8th, 2023, meeting minutes 2-4 IV. Citizens’ Comments V. Ordinances and Resolutions Clary 1. Reading of Ordinance 2023-24, an ordinance amending Hendersonville 5-8 Municipal Code Title 7, Chapter 4, Section 402 regarding fireworks Clary 2. Reading of Resolution 2023-43, a resolution authorizing the Mayor to enter 9-17 into a Mutual Aid Assistance Agreement with Shackle Island Volunteer Fire Department and Number One Volunteer Fire Department for city fire department services VI. Other Agenda Items Collins 3. Discussion: After Budget Pay Review for Fire/Police Goodwin 4. Discussion: HPD traffic at Mustang Lane/Burris VII. Adjournment Anyone needing accommodations due to disabilities, please contact the ADA Coordinator at 615-822-1016 at least 24 hours prior to the meeting. 1  PUBLIC SAFETY COMMITTEE MEETING MINUTES August 8, 2023 Committee Chairman Terri Goodwin called the meeting to order of the Public Safety Committee at 5:15 p.m. Present: Jamie Clary (Mayor), Jesse Eckenroth (COO), Scotty Bush (HFD), Jim Jones (HPD), Terri Goodwin (Alderman – Chairman), Janna Garton (Alderman – Vice Chairman), Rachel Collins (Alderman), George Edwards (HFD), Steve Burtnett (HFD), Hendersonville Citizens Collins motioned to accept the agenda for the August 8th, 2023, meeting; Garton seconded. Garton motioned to approve the minutes of the June 13th, 2023, meeting; Collins seconded. Discussion on Resolution 2023-33 to accept Sumner County Mitigation Plan for funding and grant application purposes. Some of the grants Hendersonville Public Safety apply for require a grant application plan that must be updated every five years. Collins stated that she was disappointed to see that Hendersonville would require multiple resources from outside entities, like FEMA, in the event of a natural disaster. She would like to look into funding portable generators and back-up batteries for the city as a start. Eckenroth noted that the city is actively looking at purchasing portable generators. He also stated that the city is currently working to replace traffic lights from the old wire-hung ones to the new mast arms. New projects require the masts, but the cost to replace the wires with masts on a metal pole is $20,000 and to replace a wooden pole with a metal pole and mast is around $250,000. Bush said that HFD and HPD could both benefit from communication improvements. Both currently use the ECC which all of Sumner County cities use, with Hendersonville being the largest contributor. Hendersonville does not have a secondary circuit that can be used in case of an emergency where communications are lost (i.e. the Christmas Day bombing in Nashville when phone lines were down for days). To be considered a secondary circuit, it has to be a stand-alone communication system/equipment that could stay at the ECC or at HPD in back-up dispatch center; another phone service like AT&T or Comcast does not count as a secondary circuit. HPD kept their old equipment and still maintains it in case of emergency. If the ECC lost communication, HPD could switch to the HPD Legacy frequency on the portable radios and maintain units. Jones said that HPD could possibly allocate a frequency to HFD, but they might require a key for the second frequency. Some portable radios can accept two keys and some can only accept one key at a time. Bush said he would speak with Commtech about extra keys for the current portables instead of having to purchase new radios at almost $2,000 each. Collins would like to have estimates on new keys and frequencies at the next Public Safety Committee meeting. Bush also mentioned that he would like more portable generators in the city in case of emergency for the more vulnerable citizens, like those known to be on life support, etc. HFD’s Heavy Rescue 2 vehicle has a 20kw generator built into in but it can only be dedicated to one location. HFD borrowed some from EMA for Legacy Village Assisted Living in December 2021 after the F1 tornado hit Hendersonville and knocked out power for a few days. Bush said that he would check into if generators are covered by the AFG grant. Collins motioned to move the resolution to BOMA; Garton seconded. Discussion on fireworks. Hendersonville used to not allow any personal fireworks above a bottle rocket without a permit. Three or four years ago, BOMA approved citizens shooting off fireworks without a permit from July 1st through July 3rd from 10 a.m. to 10 p.m., July 4th from 10 a.m. to 11 p.m., and December 31st from 10 a.m. to 1 a.m. on January 1st. Clary asked how the city could regulate fireworks more. Bush stated that HFD can only regulate them if there is a burn ban in effect meaning that the ground is too dry to shoot off fireworks due to not enough rain. Professional pyrotechnic operators, like the ones used for the Freedom Festival, are required to have a clearance radius of 1.5 times the highest discharged firework, but that is almost impossible in residential areas. Jones noted that it is almost impossible to catch people in the act of shooting off fireworks making it hard to truly enforce the time limitations set. Collins suggested that neighborhoods with HOAs could have designated areas for shooting off fireworks that is away from homes, like neighborhood pool parking lots, etc. HPD will issue warnings to citizens they suspect to be shooting fireworks when they are not allowed. They will issue citations if the person continues even after a warning or if it becomes a safety issue. Discussion on HFD Strategic Plan as part of the accreditation process. The plan explains who HFD is, what they are trying to do, the message they try to get to the community, the history of the department, along with the redefined mission, values, and goals of the HFD. They took information gathered from the community stakeholders meeting and the internal stakeholders meeting to determine the department’s strengths and weaknesses and redesigning ideas about what HFD should do. The strategic plan is looking into changing protocols on how HFD responds to certain calls like how they currently send three engines and two trucks to commercial fire alarms when most are false alarms. Sending the primary engine and primary truck instead of five different companies would lessen the chances of being involved in an accident, wear and tear on vehicles, and fuel usage all while still maintaining a certain level of protection for the community. Stakeholders rated qualified training as the highest priority for the department, followed by the ability to respond to emergencies in a timely manner, stating that building Station 7 will help with this problem, and adequate staffing. Community concerns include staff retention, funding for equipment and personnel, ability to respond to community growth, vacancies in the department, and wage pressures. Positive community comments included that HFD has an approachable staff, excellent relationships with surrounding agencies, a multitude of public education events, and highly trained personnel. Discussion on HPD TLETA (Tennessee Law Enforcement Training Academy) Grant. Jones stated that HPD had only filled out an interest card for the TLETA Grant and later received notification that they had been selected for the state funded grant. With most grants, HPD has to pay for the classes upfront and then the funding agency will reimburse the city. With this grant, 3 TLETA fills out the paperwork and invoices, sends it to HPD to get signed, and then TLETA sends it to the grant funding source, the State of Tennessee, in this case, and they receive the tuition back from the state. The grant covers the tuition of up to eight officers per year for the next five years to go to basic recruit school at TLETA, and caps out at $200,000. The current tuition is roughly $3,300 per person. This leaves more money in the budget for other HPD officers to use for other training and classes. Jones noted that the grant can only be used for law enforcement officer training but he will look into seeing if that could also include initial uniforms issued to new officers, training equipment, and/or funding for other training classes. HPD has also now built an on-site physical agility testing course at the police department so they do not have to wait to schedule a day, time, or location for physical testing after the written exam. HPD is hoping this will help streamline the hiring process. Collins wants to revisit the out-of-city calls for HFD and instating a written agreement for automatic mutual aid at the next Public Safety Committee meeting. Bush mentioned that there have not been any out-of-city calls HFD has had to respond to since the June 13th, 2023, meeting. Garton motioned to adjourn the meeting; Collins seconded. Meeting adjourned at 6:12 p.m. _________________________________________ ________________________ Terri Goodwin, Chairman Date 4  ORDINANCE 2023-24 Sponsor: Clary AN ORDINANCE AMENDING HENDERSONVILLE MUNICIPAL CODE TITLE 7, CHAPTER 4, SECTION 402 REGARDING FIREWORKS WHEREAS, it is currently permissible for any person, or persons, to shoot, fire or explode fireworks within the City limits without obtaining a permit only during the following times: July 1-3 from 10:00 a.m. until 10:00 p.m., July 4 from 10:00 a.m. until 11:00 p.m., and December 31 from 10:00 a.m. until January 1, 1:00 a.m.; WHEREAS, the City desires to modify the dates and times fireworks are permissible within the City limits without a obtaining a permit; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE that the Hendersonville Municipal Code, Title 7, Fire Protection and Fireworks, Chapter 4, Fireworks, Section 7-402, Permit Required, is hereby amended by deleting from subsection 2 of Section 7-402 the language “July 1-3 from 10:00 a.m. until 10:00 p.m.”, shown further as follows: 7-402. Permit Required. 2. Fireworks are permissible without a permit only during the following times: July 1-3 from 10:00 a.m. until 10:00 p.m., July 4 from 10:00 a.m. until 11:00 p.m., and December 31 from 10:00 a.m. until January 1, 1:00 a.m. This ordinance shall take effect at the earliest date allowed by law. First Reading: ___________________________ Second Reading: ___________________________ APPROVED: __________________________ ATTEST: JAMIE CLARY, Mayor _________________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM AND LEGALITY: _____________________________________ LANCE A. WRAY, Interim City Attorney 5  LEGISLATIVE HISTORY Ordinance 2023-24 Sponsor: Clary Committee: Public Safety Date of Committee Meeting: October 10th, 2023 Committee Recommendation: 6 DATE: October 10, 2023 ORDINANCE/RESOLUTION # Ordinance 2023-24 SPECIFIC REQUEST/ BOMA is being asked to further restrict and simplify when RECOMMENDATION: residents can shoot fireworks. STAFF REPORT REPORT PREPARED BY: Jamie Clary, Mayor BACKGROUND: 1 Prior to 2019 shooting fireworks within the city limits required a permit. Typically, the City issued one permit each year, that being to the business providing the fireworks show at Freedom Festival. The many other fireworks shows in the city, coming from backyards and cul-de-sacs, were technically illegal. So many residents violated our law and police could not fully enforce it on Independence Day, New Year’s Eve, and days surrounding those holidays. Residents often shot fireworks into the early morning hours and for days after the holidays. In 2019 BOMA relaxed the law, allowing residents without permits to shoot fireworks within two particular windows. The reasons BOMA made the change were (a) the law was not being followed and (b) by giving residents legal opportunities, they would stop shooting fireworks for so many days following the holidays. BOMA’s changes in 2019 allowed fireworks without a permit: • July 1-3 from 10:00 a.m. until 10:00 p.m. • July 4 from 10:00 a.m. until 11:00 p.m. • December 31 from 10:00 a.m. until January 1, 1:00 a.m. Notably these windows are not easy to remember. They involve six days each year and three different times during those six days. This proposed ordinance will simplify the legal opportunities: • July 4 from 10:00 a.m. until 11:00 p.m. • December 31 from 10:00 a.m. until January 1, 1:00 a.m. DISCUSSION: 2 The justification in 2019 for allowing backyard fireworks displays was that by allowing them on certain dates, we would discourage residents from shooting off fireworks during all other dates. That has not happened. We continue to receive complaints from neighbors after the two windows have elapsed. Here are two examples of the impact of the current ordinance. Both emails came to the City during the past year. “My name is Rhonda Laight. I live and have lived at 107 Roberta Drive here in Hendersonville for over 20 years. I love our city. My husband and I have raised a child in our school system and I have worked for businesses in our community for 17 years. It's been a wonderful place to call our home. My ongoing concern, year after year, is the non-compliance of the firework ordinance outside of the permitted and 7  2 legal times. We also love to celebrate all our festive holidays and don't have a problem with others doing the same. We make provisions for our dogs days before the firework holidays by making sure they're safe, playing music to subdue the noise and administering veterinary medications to ease their anxiety from the noise. However, this year our dogs were extremely traumatized, even under veterinary medication for fireworks, from day after day of these going off. This year was so bad that I had to take one of dogs to the Vet for severe gastrointestinal issues during the fireworks week and subsequently a $167.48 vet bill followed.” “I have a dog who is terrified, and in turn, I am tied to the house this week in the evenings because if I leave her alone, she will hurt herself out of fear of the fireworks. So please either find a way for the Police to enforce the current ordinance or make it limited to only July 4th from 10 am to 10 pm. --Aimee Lecerf” If we adopt the changes in this proposed ordinance, people will still shoot off fireworks at the wrong times. We will still have complaints from neighbors. Dogs will still suffer. Neighbors will be woken up. However, those incidents will happen less. Without a way to test this expectation, I can only point to people who drive over the speed limit. Those drivers are less likely to drive 20 MPH over the speed limit than they are likely to drive 5 MPH over the speed limit. By publicizing these changes, we can expect people to shoot fireworks one or two days past the legal windows, but they are less likely to shoot them three, four, and five days after the holidays. FISCAL IMPACT: 3 None ADDITIONAL INFORMATION / PHOTOS: 4 This proposed ordinance does not impact sales of fireworks. Also, fireworks displays—professional and non-professional—are not allowed during a burn ban and will continue to be. This proposed ordinance does not impact that. 8  RESOLUTION 2023-43 Sponsor: Clary A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MUTUAL AID ASSISTANCE AGREEMENT WITH SHACKLE ISLAND VOLUNTEER FIRE DEPARTMENT AND NUMBER ONE VOLUNTEER FIRE DEPARTMENT FOR CITY FIRE DEPARTMENT SERVICES NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the City hereby authorizes the Mayor to enter into the attached Mutual Aid Assistance Agreements with Shackle Island Volunteer Fire Department, Inc. and Number One Volunteer Fire Department for fire department services provided by the Hendersonville Fire Department. Adopted this the ____ day of ________________, 2023. APPROVED: __________________________ JAMIE CLARY, Mayor ATTEST: _________________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM AND LEGALITY: _____________________________________ LANCE A. WRAY, Interim City Attorney 9  LEGISLATIVE HISTORY Resolution 2023-43 Sponsor: Clary Committee: Public Safety Date of Committee Meeting: October 10th, 2023 Committee Recommendation: 10 DATE: October 10, 2023 ORDINANCE/RESOLUTION # Resolution 2023-43 For BOMA to approve an agreement and authorize the SPECIFIC REQUEST/ Mayor to effectuate such agreement specifying public RECOMMENDATION: safety response occurring within unincorporated Sumner STAFF County. REPORT Lance Wray, Interim City Attorney REPORT PREPARED BY: Jesse Eckenroth, Chief of Operations BACKGROUND: 1 Historically the City of Hendersonville has provided public safety support in unincorporated Sumner County, outside of city limits. The level of support provided by the city is not memorialized in an agreement between the City and the County and/or the volunteer fire department(s). Fire responds to calls on a “mutual aid” basis, which means the city only responds to calls outside the city when requested; 911 operators do not automatically dispatch the city’s public safety resources to areas outside the city. DISCUSSION: 2 The city utilizes Public Entity Partners (PEP) for general liability insurance. PEP has recently announced that it will not insure liability/property claims initiated outside the city limits, absent an interlocal agreement. The proposed interlocal agreement is, primarily, in response to the city seeking liability/property coverage while working outside the city proper. Volunteer fire departments are non-profits, independent of county jurisdiction. Sumner County does not provide fire services but does provide EMS or “ambulance” services. An interlocal agreement for fire services will be between the City of Hendersonville and the volunteer fire departments. An interlocal agreement will bolster services for residents in the unincorporated county but can have a detrimental impact to city residents if staff are responding to the unincorporated section of the county. FISCAL IMPACT: 3 The financial impact will be determined by the total need for assistance within the unincorporated section of the county. ATTACHMENTS: 4 1. Interlocal Agreement – Number One Volunteer 2. Interlocal Agreement – Shackle Island Volunteer FD 11  MUTUAL AID ASSISTANCE AGREEMENT FOR FIRE DEPARTMENT SERVICES (Pursuant To T.C.A. Section 6-54-601) THIS AGREEMENT entered as of the ______ day of ____________, 2023, by and among THE CITY OF HENDERSONVILLE, TENNESSEE, a Tennessee municipal corporation, (hereinafter referred to as the “City”), and NUMBER ONE VOLUNTEER FIRE DEPARTMENT, INC., a Tennessee nonprofit corporation having a principal address of 1314 Douglas Bend Road, Gallatin, Tennessee 37066. In consideration of the mutual covenants contained herein, and in accordance with Tennessee Code Annotated, § 6-54-601, the parties agree as follows: 1. The parties will respond to calls for fire department services only upon request for such assistance made by the senior fire officer on duty of the fire department of the respective party, or as otherwise designated by the requesting party. All requests for fire department services should be made to the senior fire officer of the responding party, or as otherwise designated by the responding party. Each party may designate the appropriate 2. Upon request for aid received as provided for in paragraph (1), the senior fire officer (or designee) of the responding party will authorize a response as follows: (a) Each of the parties to this Agreement will attempt to provide a sufficient response as determined by the severity of the emergency in the requesting party’s jurisdiction, with consideration also to the requirements of, and that which is sufficient for, the responding party’s jurisdiction. (b) If there is also an emergency in the jurisdiction of the responding party at the time a request is made, or one occurs in the course of responding to a request under this Agreement, and the senior fire officer of the responding party reasonably determines, after a consideration of the severity of the emergency in his jurisdiction, that the responding party cannot comply with the minimal requirements under this Agreement without endangering life or incurring significant property damages in his jurisdiction, or both, he may choose to use all equipment and personnel in his own jurisdiction. In this case, the senior fire officer of the responding party shall attempt to inform the senior fire officer of the requesting party of his or her decision. (c) In cases where two or more requests for mutual aid assistance are made at the same time, thereby making compliance with the minimum requirements of this agreement impossible for the responding party, the senior fire officer (or designee) of the responding party shall determine, based upon a reasonable appraisal of the emergencies of the requesting jurisdiction, how best to respond to the requests. The senior fire officer (or designee) may determine to send all available resources under this agreement to the jurisdiction with the most dire emergency, or may send some resources to each requesting jurisdiction. The senior fire officer (or designee) shall inform the requesting parties of his or her decision. 12  (d) In both situations outlined above where compliance with the minimal duties of this agreement is impossible, the requesting party or parties will not expect full compliance with those minimal duties but will expect a fair appraisal of the emergencies involved and a commensurate response. (e) The parties hereby acknowledge and agree that this Agreement does not create a duty on either party to respond to any requests for aid, and that the responding party retains the discretion over whether and to what extent to give the aid requested. 3. When fire personnel are sent to another community pursuant to this Agreement, the jurisdiction, authority, rights, privileges, and immunities, including coverage under the Workers’ Compensation Laws, which exist in the responding Fire Department shall be extended to and include any geographic area necessary as a result of the request when these personnel are acting within the scope of the authority conferred by this Agreement. 4. The party who requests mutual aid shall in no way be deemed liable or responsible for the personal property of the members of the Fire Department of the responding party that may be lost, stolen, or damaged while performing their duties in responding under the terms of this agreement. 5. The party responding to the request for mutual aid under the terms of this Agreement assumes all liabilities and responsibility as between the parties for damage to its own apparatus and/or equipment. The party responding also assumes all liability and responsibility between the parties for any damage caused by its own apparatus and/or negligence of its personnel while en route to or returning from a specific location. 6. The party responding under the terms of this Agreement assumes no responsibility for liability for property damages or destroyed or bodily injury at the actual scene of any emergency due to actions that are taken in responding under this agreement. This liability and responsibility as between the parties shall rest solely with the party requesting aid and within whose jurisdiction the property exists or the incident occurs. 7. Unless and until any written mutual agreement otherwise, no compensation will be paid by the parties under this agreement. 8. Notwithstanding any other provision of this Agreement to the contrary, the respective parties agree that no claim for compensation will be made by either against the other for loss, damage, or personal injury occurring in consequence of mutual aid assistance rendered under this agreement, and all such rights or claims are hereby expressly waived. 9. Unless mutually agreed otherwise, the senior fire officer of the City of Hendersonville shall in all instances be in command of the emergency as to strategy, tactics, and overall direction of the operations; and all orders or directions regarding the operations of the responding party shall be relayed to the senior fire officer in command of the other party. 2 13  10. This Agreement is for one (1) year, beginning on the effective date of this Agreement, unless or until written notice of termination is given by either party hereto at least sixty (60) days prior thereto. No further obligation or liabilities shall be imposed upon the withdrawing party after termination. 11. This Agreement shall be valid only when it is executed by those authorized and required to execute this Agreement. IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals: City Of Hendersonville Number One Volunteer Fire Department, Inc. By: ___________________________ By:__________________________ Name: _________________________ Name: _______________________ Title: _________________________ Title: _______________________ Date: _________________________ Date: _______________________ 3 14  MUTUAL AID ASSISTANCE AGREEMENT FOR FIRE DEPARTMENT SERVICES (Pursuant To T.C.A. Section 6-54-601) THIS AGREEMENT entered as of the ______ day of ____________, 2023, by and among THE CITY OF HENDERSONVILLE, TENNESSEE, a Tennessee municipal corporation, (hereinafter referred to as the “City”), and SHACKLE ISLAND VOLUNTEER FIRE DEPARTMENT, INC., a Tennessee nonprofit corporation. In consideration of the mutual covenants contained herein, and in accordance with Tennessee Code Annotated, § 6-54-601, the parties agree as follows: 1. The parties will respond to calls for fire department services only upon request for such assistance made by the senior fire officer on duty of the fire department of the respective party, or as otherwise designated by the requesting party. All requests for fire department services should be made to the senior fire officer of the responding party, or as otherwise designated by the responding party. Each party may designate the appropriate 2. Upon request for aid received as provided for in paragraph (1), the senior fire officer (or designee) of the responding party will authorize a response as follows: (a) Each of the parties to this Agreement will attempt to provide a sufficient response as determined by the severity of the emergency in the requesting party’s jurisdiction, with consideration also to the requirements of, and that which is sufficient for, the responding party’s jurisdiction. (b) If there is also an emergency in the jurisdiction of the responding party at the time a request is made, or one occurs in the course of responding to a request under this Agreement, and the senior fire officer of the responding party reasonably determines, after a consideration of the severity of the emergency in his jurisdiction, that the responding party cannot comply with the minimal requirements under this Agreement without endangering life or incurring significant property damages in his jurisdiction, or both, he may choose to use all equipment and personnel in his own jurisdiction. In this case, the senior fire officer of the responding party shall attempt to inform the senior fire officer of the requesting party of his or her decision. (c) In cases where two or more requests for mutual aid assistance are made at the same time, thereby making compliance with the minimum requirements of this agreement impossible for the responding party, the senior fire officer (or designee) of the responding party shall determine, based upon a reasonable appraisal of the emergencies of the requesting jurisdiction, how best to respond to the requests. The senior fire officer (or designee) may determine to send all available resources under this agreement to the jurisdiction with the most dire emergency, or may send some resources to each requesting jurisdiction. The senior fire officer (or designee) shall inform the requesting parties of his or her decision. (d) In both situations outlined above where compliance with the minimal duties of this agreement is impossible, the requesting party or parties will not expect full compliance with those 15 minimal duties but will expect a fair appraisal of the emergencies involved and a commensurate response. (e) The parties hereby acknowledge and agree that this Agreement does not create a duty on either party to respond to any requests for aid, and that the responding party retains the discretion over whether and to what extent to give the aid requested. 3. When fire personnel are sent to another community pursuant to this Agreement, the jurisdiction, authority, rights, privileges, and immunities, including coverage under the Workers’ Compensation Laws, which exist in the responding Fire Department shall be extended to and include any geographic area necessary as a result of the request when these personnel are acting within the scope of the authority conferred by this Agreement. 4. The party who requests mutual aid shall in no way be deemed liable or responsible for the personal property of the members of the Fire Department of the responding party that may be lost, stolen, or damaged while performing their duties in responding under the terms of this agreement. 5. The party responding to the request for mutual aid under the terms of this Agreement assumes all liabilities and responsibility as between the parties for damage to its own apparatus and/or equipment. The party responding also assumes all liability and responsibility between the parties for any damage caused by its own apparatus and/or negligence of its personnel while en route to or returning from a specific location. 6. The party responding under the terms of this Agreement assumes no responsibility for liability for property damages or destroyed or bodily injury at the actual scene of any emergency due to actions that are taken in responding under this agreement. This liability and responsibility as between the parties shall rest solely with the party requesting aid and within whose jurisdiction the property exists or the incident occurs. 7. Unless and until any written mutual agreement otherwise, no compensation will be paid by the parties under this agreement. 8. Notwithstanding any other provision of this Agreement to the contrary, the respective parties agree that no claim for compensation will be made by either against the other for loss, damage, or personal injury occurring in consequence of mutual aid assistance rendered under this agreement, and all such rights or claims are hereby expressly waived. 9. Unless mutually agreed otherwise, the senior fire officer of the City of Hendersonville shall in all instances be in command of the emergency as to strategy, tactics, and overall direction of the operations; and all orders or directions regarding the operations of the responding party shall be relayed to the senior fire officer in command of the other party. 10. This Agreement is for one (1) year, beginning on the effective date of this Agreement, unless or until written notice of termination is given by either party hereto at least 2 16 sixty (60) days prior thereto. No further obligation or liabilities shall be imposed upon the withdrawing party after termination. 11. This Agreement shall be valid only when it is executed by those authorized and required to execute this Agreement. IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals: City Of Hendersonville Shackle Island Volunteer Fire Department By: ___________________________ By:__________________________ Name: _________________________ Name: _______________________ Title: _________________________ Title: _______________________ Date: _________________________ Date: _______________________ 3 17