The URL can be used to link to this page

Home My WebLink About1998-12-28 99-45 ORDERItem No. 99-65 Deme: 12-2848 Item/Subject: ORDER Authorizing the City Manager and Fire Chief to Execute a Mutual Aid Agreement of Organized Fire Departments for Penobscot County Responsible Department Fire Department Commentary: As the Council is aware, the City has traditionally had aseries of separate mutual aid agreements with surrounding communities for fire and other emergency responses. Recatly, the Penobscot Fire Chiefs Association has developed a single mutual aid agreement which any department in the County can aiga This will eliminate the neat for individual agreements and pave the way for additional cooperation in such areas as specialized rescue and hazardous matenals. On on immediate and practical basis, this agreement will have little eff ct on our actual operations and mutual aid responses. This agreuvrnt has been reviewed by Municipal Operations which recommends yon approval. Dismount Manager's Comments: Recommend approval. City Manager Associated Information: Order, Agreement Budget Approval: Finance Director Legal Approval• UU//m city �S Int{ndvcM for Passage _First Reeding PW—of- - Referral age—of_Referral 99-65 Atop" to CaunNur Bole® December 28, 1998 CITY OF BANGOR (TITLE,) (Drbert ..... Authorking.the City Mategar.and Afire Chief to.Execute a Mutual „Aid Agreement of Orgaufaed Flre Deparlmmte for Penobscot Comity_. _... HB w Qry CoamB of Be fah' ofBaeli OxOMME)o THAT the City Manager and the Fire Chief =hereby autlmn e m execute the attached Mutual Aid Agreement of Organized Fire Depebnmis for Penobxot County. IN CITY COUNCIL December 28, 1998 Passed tyy LEM 99-45 ORDER Title, Authorizing the City hLuager and Hee Chief to Execute a Matual Aid Agreement of Organized Fire Departments fdt'Pedo68co2'C6fmfy.................. Assigned to This agreement made by and between "connecting fire departments' as subsequently defined, by which each signatory party binds itself to the best of its ability to carry out the functions of'tequestlng fire departments" as cncvmstancos demand. WHEREAS, BY VIRTUE 30-A M.R.S.A. Sec 2201 and 3156, the parties by their Municipal Officers, may authorize their departments to aid in exfinguishing fires or aid in other emergencies in other municipalifie d NOW, THEREFORE, pursuant to 30-A M.R.S.A. sen 2201 and 3156, the parties by their Municipal Officers hereby resolve that their fire departments are authorizd to give such aid, and in furtherance of this resolve, the parties agree as follows: ARTICLE I -DEFINITIONS A connecting fire department shall consist of a city, boom or any other political subdivision of the State of Maine, an agency of the State of Maine or of the United States of America, or an organized volunteer fire association. Such contracting f department shall be organized on a permanent basis with responsible officers with authority to commit their organization by signature, and when appropriate by corporate seal, to abide by the terms of this agreement. Such contracting fire department shall possess and maintain personnel and quipment as outlined in ARTICLE Il, the minimum requirements which, in the opinion of the Penobscot County Fire Chiefs Association, can render aid to requesting contracting unit in case of an emergency. A contracting fire department most serve an area with defrate boundaries. If municipality is not saved by a fire department solely operated by or for the governing body of that municipality, the fire department providing such service shall do so under a legal contract or resolution. When a fire department's service area involves one or more municipalities a contract should be executed with each municipality served. ARTICLE II -MINIMUM REQUIREMENTS Contracting fire departments shall meet the following minimum standards: a. All firefighters shall meet the eluipment, safety and training standards promulgated by OSHA, Maine Department of Labor and Title 30 M.R.S.A. sections 3771 through 3778, insofar as thejurisdictions of these cited agencies pertain to fire departments. Furthermore all interior swcmral and attack firefighters shall meet the minimum Sete of Maine interior firefighting requirements. b. At least one of the following types of apparatus shall be available from each contracting fire department TaNrer: At least 500 gallon (1000 gal recommended) 250gpmpump. Minimum 2'A" discharges with male NPSH threads or NST to NPSH adaptors. Pumper: 500gpm capacity pump 500 gallon booster took 1,200fi. of 7" or larger supply hose 400ft. of I 'A" and/or 13/4" hose All apparatus shall be in compliance with N.F.P.A. 1901, Pumper Fire Apparams c. All fire apparams shall be equipped with a 2 -way FM radio with the state fire frequency (154.310). County tactical frequency (154.299) rewmrnwded d. Each contracting fire department shall maintain a training program and records of such training in accordance with cerrrnt N. F.P.A. and State of Maine sraMards. ARTICLE III -OBLIGATIONS Semon 1 - In the event that in the judgement of the Fire Chief or any other officer in charge of the fire department of my contracting unit, a fire or other emergency is occurring or is about to occur in their municipality of such magnitude that it cannot be adequately controlled by local firefighting equipment and personnel, said officer may call on another contracting unit to famish available firefighting equipment and personnel for use; either a. In combating the fire or other emergency, or b. As a standby reserve to meet all other calls that may occur before the local firefighting force is free to handle them. Section 2 - In the event of regional training, the Fire Chief or other officer in charge may request another contracting fire department to famish available fnefigbeing equipment and persomrel for use to respond to calls during the regional training. Section 3 - Upon receipt of such call, the fire department shall famish such equipment and personnel as may be available for the stricken municipality except that said aiding foe department shall always be permitted to retain sufficient firefighting equipment and personnel to fight any fire or meet any emergency within it's own boundaries that may be reasonably anticipated. Section 4 - Whwever any contacting unit responds to a fire or emergency in another municipality, all companies shall report in the Chief or incident commander of the requesfing contracting unit and receive an assignment. The aiding fire department shall operate coda the direction of the Chief or incident commander of the requesting connecting unit unfit dismissed. Each individual company shall operate under the immediate supervision of its Own officers. Section 5 - Responsibilities a. Each contracting fire department is responsible for damage to and loss of its own equipment, except for damage or loss caused by the negligence or fault of the other contacting fire department b. Each contracting fire department will provide workers compensation insurance to cover its own personnel for the compensable injuries arising out of aid rendered under this agreement. Each party will maintain sufficient liability insurance on its vehicles and other liability insurance consistent with the limits on liability in the Maine Tort Claims Act. c. Each contracting fire department will be responsible for the legal consequences of its own negligence to the extent provided by law. It is understood that any liability to third parties caused by the negligence or fault of the Chief or incident commends of the contracting fire deportment raryesting aid shall, to all extent be the responsibility of the contracting fire department requesting aid. d. Whenever a contracting fire department responds to any call the contacting fire department shall follow the written protocol established by the partes. Section 6 - Services performed by any party to this agreement shall be rendered without cost or reimbursement to any other party of this agresnmr, however, nothing herein shall prevent any parry from seeking reimbursement for the cost of fighting fires[ fires and reimbursement for hverdaas materials incidents billed directly to cam es or facilities. ARTICLE IV. -TERMINATION These articles, or any section thereunder, may be amended or delved at any meeting, specifically called for, in writing, seven (q) days in advance, for that purpose by the Board of Directors of the Penobscot County Fire Chiefs Association. These amendments or deletions would be effective only upon unification by a majority vote of members of the Penobscot County Fire Chiefs Association present at a regularly scheduled meeting. Ail amendments or deletions must be accepted by the governing body of each participating city, town, political subdivisioq agency of the State of Maine, United States of America or a volunteer fire department in order to be effective. Any signatory to this agreement may terminate it's participation in said agreement upon thirty (30) days written notice to the Penobscot County Fire Chiefs Association. ARTICLE V. - PENALTY The willful failure in respond to a call as provided herein; or the failure to maintain a standard for prmaredness satisfactory to the members of the Penobscot County Fire Chiefs Association, may be cause for loss of standing as a covtmcting fire department and the members of the Penobscot County Fire Chiefs Association, after hearing with due notice m parties in interest, shall have the authority to detemane whether such penalty shell be imposed. If the members of the Penobscot County Fire Chiefs Association determine that such penalty shall be imposed, then the contracting fire department which is in default under this memorandum of understanding shall have no further rights or obligations under this memorandum of understanding, and shall be so informed, in writing by the President of the Penobscot County Fire Chief a Association. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of Representing the Town/City of Fire Official Town Official Notary Public