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HomeMy WebLinkAbout1997-05-28 97-232 ORDERCOUNCIL ACTION Item No. 97-132 Date Mav 28. 1997 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 Hampden Responsible Department: Legal On December 29, 1993 the City of Bangor and the Town of Hampden entered into a Mutual Aid Agreement for the fire departments of each community to assist the other in case of fire. The new Agreement is the Same. The Municipal Operations Committee recommends passage Department Head Manager's Comments: ^^n'�o `�P"".^ Citcitor ty Mavager Associated Information: Mutual Aid Agreement Budget Approval: Finance Director Legal Approval: Citcitor Introduced For Consent Agenda x Passage First Reading Referral Page 1 of 5 9]-232 Ae Palto Coaneffor Sullivan May 28, 1997 CITY OF BANGOR aims (OTaer Authorizing the City Manager d the Fire Chief a......................... .....I-- . ....... __........ to Execute a Mutual Aid Agreement Between the C ty of Eangoa and the Town of Hampien 11 By aw City CemiMt W W CSay OfDMAW. ORDERED, TnT 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 Hampden. A copy of said Agreement is attached hereto. IN CITY COUNCIL May 28, 1997 Passed CI CLERR 92-232 ORDER Title, Authoxhing the City Manager and the Fire Cher to Execute a Mutual _.Aid Agreement BetGeen the City Of Banger End the Soim uFlle;R;; .. 1 ........ ........ ................ �G.- ...... A,rigned to CQe� Pte. ........ Councilman 91-232 ML*TUAL ASD AGREEMENT AGREEMENT made the 15TH day of APRIL 1991, by and between Town Of HAMPDEN (hereinafter "HAMPDEN") and the, CITY OF BANGOR (hereinafter "BANGOR"), Town of Hampden located in PENOBSCOT COUNTY, And the BANGOR Located in PENOBSCOT County, State of Maine. WITNESSETH: WHEREAS, BY VIRTUE 30-a M.S.R.A. See 2201 and 3156, the parties by their Municipal Officers, may authorize their departments to aid i extinguishing of fires or in other emergencies in other municipalities; NOW, THEREFORE, pursuant to 30-a M.S.R.A. sec 2201 and 3156, the parties by their Municipal Officers hereby resolve. that their fire departments are authorized to give such aid, and i furtherance of this resolve, the parties agree as fellows: 1) In the event that in the judgement of the Fire Chief o any other officer in charge of the fire department of either party, a fire or other emergency is occurring or is about to occur n their municipality of such magnitude that it cannot be adequately controlled by .local firefighting equipment and personnel, said officer may call on the ether party's fire department to furnish available firefighting equipment and personnel for use, either combating the fire or other amergency, o b. a e standby reserve to meet all other calls that may occur before the local firefighting force is free to take care of them. 2) Upon receipt of such a call, the fire department shall furnish such equipment and personnel as may be available for the stricken municipality cipality except that said aiding fire department shallalways be permitted to retain sufficient firefighting equipment and personnel to fight any fire or m ret 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 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 c ander of the requesting municipality until dismissed. Each individual company shall operate under immediate supervision of its own officers. 9)-232 4) Responsibilities a. Each party 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 party. b. Each party will provide workers' compensation insurance to cover its own personnel for the compensable injuries arising out of aid rendered under this agreement. c. Each party 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 incident commander or Chief of the community requesting aid shall, to all extent be thme responsibility of the community requesting aid. 5) Services performed by either party to this Agreement shall be rendered without cost or aimbursement to such party; however, nothing herein shall prevent either party from seeking reimbursement for the cost of fighting forest fires and reimbursement for has -mat incidents billed directly to carriers Or facilities. 5) This agreement shall become effective upon the date hereof and shall remain in full force and effect until c celed by mutual agreement of the parties hereto, or by thirty(30) days written notice by either party to the other. IN WITNESS THEREOF, The parties have hereunto set their hands and corporate seal the day and year first written above. TOWA OF ]UNISFDEMN[ CITY OF BANGOR BYf BY i<ha el And e[sen JEFFREY CAMMACK DEPUTY FIRE CHIEF FIRE CHIEF BY BY Mari G. Baker EDWARD BARRETT TOWN MANAGER TOWN MANAGER 9)-232 STATE OF MAINE PENOBSCOT,ss. on this _day of 1996 Then personally appeared the above-named Fire Chief and City Manager, and acknowledged the foregoing instrument to be their free act and deed in their said capacities, and the free act deed of said body corporate. Before me, Notary Public/Attorney-at-Law Printed Name STATE OF MAINE PENOBSCOT,ss on this day of 1996. Then personally appeared the above-named Michael P Andersen, HAMPDEN Deputy Fire Chief and Marie G. Baker, HAMPDFN town Manager, and acknowledged the forgoing instrument to be their free act of said body corporate. Before me, Notary Public/Attorney-at-Law Printed Name