New Hampshire Revised Statutes 53-A:3-a – Public Works Mutual Aid Agreements
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Public agencies may enter into agreements under this chapter for reciprocal emergency management aid and assistance and other public works programs, including provisions for the furnishing and exchanging of supplies, equipment, facilities, personnel, and services. Any such agreement shall be subject to the provisions of this section and to all provisions of this chapter that are not inconsistent with this section.
I. Such an agreement may provide for the manner in which the agreement may be amended and that additional entities may become parties to the agreement.
II. Unless otherwise prohibited or restricted by such an agreement, a private entity providing public services that would otherwise be provided by a public agency, including but not limited to a privately owned water or wastewater utility, may become a party to the agreement and participate in the implementation of it in the same manner as a public agency.
III. The agreement may create a board of directors or other body to govern and administer the agreement and the program of mutual aid established thereby. The membership, powers, and duties of any governing body so established shall be as set forth in the agreement. Except as provided in the agreement, there shall be no requirement that all parties to the agreement be represented on such body.
IV. The agreement may include provisions by which each municipality or private entity indemnifies the other municipality or private entity and its officers, employees, and agents against any liability arising out of the indemnifying municipality’s or private entity’s negligent or otherwise wrongful conduct. No agreement shall be written or construed to require the state or any state agency to defend or indemnify any other entity.
V. All functions performed under such an agreement are governmental functions, and the parties performing such functions shall be entitled to the same immunities and exemptions provided in N.H. Rev. Stat. § 21-P:41.
I. Such an agreement may provide for the manner in which the agreement may be amended and that additional entities may become parties to the agreement.
Terms Used In New Hampshire Revised Statutes 53-A:3-a
- governing body: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. Unless otherwise prohibited or restricted by such an agreement, a private entity providing public services that would otherwise be provided by a public agency, including but not limited to a privately owned water or wastewater utility, may become a party to the agreement and participate in the implementation of it in the same manner as a public agency.
III. The agreement may create a board of directors or other body to govern and administer the agreement and the program of mutual aid established thereby. The membership, powers, and duties of any governing body so established shall be as set forth in the agreement. Except as provided in the agreement, there shall be no requirement that all parties to the agreement be represented on such body.
IV. The agreement may include provisions by which each municipality or private entity indemnifies the other municipality or private entity and its officers, employees, and agents against any liability arising out of the indemnifying municipality’s or private entity’s negligent or otherwise wrongful conduct. No agreement shall be written or construed to require the state or any state agency to defend or indemnify any other entity.
V. All functions performed under such an agreement are governmental functions, and the parties performing such functions shall be entitled to the same immunities and exemptions provided in N.H. Rev. Stat. § 21-P:41.