HomeMy WebLinkAbout1998-08-10 98-319 ORDERCOUNCIL ACTION
Item No. 98-319
Date August l0 1999
Item/Subject: Authorizing the City Manager and the Fire Chief to
Execute a Mutual Aid Agreement between the City of Bangor and
the Town of Orono
Responsible Department: Legal
The City of Bangor has Mutual Aid Agreements with several
communities that provide that each will assist the other in
fighting fires and responding to other emergencies when necessary.
The Town of Orono has approved this agreement. The Municipal
Operations Committee has recommended approval.
t
Department ,
Head
Manager's Comments:?
City Mavager
Associated Information: Agreement
Approval:
Finance Director
City SOhCitort
Introduced For NEW BUSINESS
x Passage
First Reading
Referral Page 1 of _ 7
98-319
A Vodto Counsvo. Farnham August 10. 1998
r
CITY OF
BANGOR
mrJJ.)
fttr,....._..
Authorizing the City Manager and the Fire Chief to
......... .. ..
Execute
a Mutual
Aid Agreement Between the
City of Bangor and the
Town
of Orono
By W cay C"Wa of cay Of Ba --
O811B6ED9
TEAT Edward A. Barrett, City Manager, and Jeffrey A.
Cammack, Fire Chief, are hereby authorized on behalf of the City of
Bangor, to execute a Mutual Aid Agreement between the City of
Bangor and the Town of Orono. A copy of said Agreement is attached
hereto.
IN CITY COUNCIL
August t0, 1998
Passed
I �-
98-319
ORDER
Title, Authorizing the City Manager and
the Fire Chief to Execute a Mutual Aid
Agreenment Eetween the City of Bangor and
E8e'Towi'6f'didn6""'"' "" '""
......................................
designed to
......................................
cnnnrinran
"-319
1: 14z%1V1t,1T1Z"a`LMiYY
AGREEMENT made this �i 0 day of lam, 1991
by and between the TOWN OF ORONO (hereinafter "Orono") and the CITY OF
BANGOR (hereinafter "Banger"), bath municipal corporations located
the COUNTY OF PENOBSCOT, STATE OF MAINE.
HdTHHB.H i Ili 1
WHEREAS, by virtue of 30A M. R. S. A. as 2201 at see, and 3156
the parties by their Municipal Officers may authorize their fire
departments to aid in extinguishing fires or other emergencies in other
municipalities;
NOW, THEREFORE, pursuant to 30A M. R. S. A., as 2201 g11 sea. and
3156, the parties by their Municipal Officers hereby resolve that their
fire departments are authorized to give such aid, and in furtherance of
this resolve, the parties agree as follows:
(1) In the event that in the judgment of the Fire Chief or any
other officer in charge of the fire department of either party, 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 the other party's fire department to furnish available firefighting
equipment and personnel for use; either
a. in combatting the fire or other emergency, or
b. as a standby reserve to meet all other calla that may occur
before the local firefighting force is free to take care of than.
98-319
(y) Upon receipt of such a call, the aiding fire department shall
furnish such equipment and personnel as may be available for the
stricken municipality except that said aiding fire department shall
always be permitted to retain sufficient firefighting equipment and
personnel to fight any fire or meet any emergency within its own
boundaries that may be reasonably anticipated.
(3) Whenever either fire department responds to a fire or
emergency in the other municipality, all companies shall report to the
Chief or other incident commander of the municipality requesting aid
and receive an assignment. The aiding fire department shall operate
under the direction of the Chief or incident commander of the
requesting municipality until dismissed. each individual company shall
operate under the immediate supervision of its own officers.
(4) a. Each party is responsible for damage to and loss of its
awn equipment, except for damage or loss caused by the negligence or
fault of the other party.
b. Each party will provide workers' compensation insurance
to cover its own personnel for 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.
96-319
C. Each party will be responsible for the legal consequence
of its own negligence to the extent provided by law. It is understood
that any liability to third parties caused by negligence or fault of
the incident commander or Chief of the community requesting aid, shall
to that extent be the responsibility of the community requesting aid.
(5) Services performed by either party to this Agreement shall
be rendered without coat or reimbursement to such party; provided,
however, nothing herein shall prevent either party from seeking and
receiving reimbursement for the costa of fighting forest fires.
(6) This Agreement shall become effective upon the date hereof
and shall remain in full farce and effect until cancelled by mutual
agreement of the parties hereto, or by thirty (30) days' written notice
by either party to the other.
98-319
IN WITNESS THEREOF, the parties hereto have hereunto set their
hands and corporate seats the day and year first written above.
Witness
TOWN O
ORONO
Lorin P. LeCleire
Title Actti 9 EjEB
Chief
TOWN OF
0
By
CITY OF
BANGOR
By
Jeffrey A.
Cammack
Title
F1re Chief
CITY OF
BANGOR
W-319
STATE OF MAINE
Penobscot, as. Data--
Then personally appeared the above-named Lorin F. LeCleire, Acting
Fire Chief, Orono Fire Department, and acknowledged the foregoing
instrument to be his free act and deed in his said capacity, and the
free act and deed of said body corporate.
Before
__
g ..r'
....�--- �p ry Public/ ttorney-at,,-yyaw
Gr 1 Printed Name(
F
STATE OF MAINE
Penobscot, as
Then personally appeared the above-named Jeffrey A. Cammack, Fire
Chief, Bangor Fire Department, and acknowledged the foregoing
instrument to be his free act and deed in his said capacity, and the
free act and deed of said body corporate.
Before me,
Notary Public/Attorney-at-Lav
Printed Name( )