HomeMy WebLinkAbout1993-10-25 93-496 ORDERCOUNCIL ACTION
Item No. 93-496
Date October 18 1993
Item/Subject: Authorizing Execution of Mutual Aid Agreements
for Fire Protection
Responsible Department: Legal
Area Fire Chiefs have been meeting in an effort to standardize
their various mutual aid agreements. These dicussions have
resulted in the creation of a document provided with this agenda
(DRAFT 10-4-93). The document is undergoing final review by the
various municipal attorneys. The final document to be executed
will be substantially similar to this draft. The Agreement which
Is attached to this Order is a copy of one received from the Maine
Air National Guard (MeANG). Changes requested by the City to the
fisting mutual aid agreement have been incorporated into this
document. Your approval IS requested in order that the City's
continued fire protection capabilities may be preserved and
enhanced in cooperation with surrounding communities and the McAng.
V ✓%i
Department Head
"aoa�d1
City Manager
Associated Information: 10-4-93 DRAFT Mutual Aid Agreement,
MCANG-City of Bangor Agreement
Budget Approval:
Finance Director
Legal Approval:
�rj✓"I'
City Solicitor
Introduced For
x Passage
First Reading
Referral Page 1 of 13
Aedpied to COonam, Blanchette October 25, 1993
CITY OF BANGOR
Authorizing Execution of Mutual Aid Agreements
(TITLE.) (jorbgr,-_._...-... .... _. __ ... _..
for Fire protection
Hy tae city Comma of as CMM of Ranson'
THAT the City Manager and Fire Chief are hereby
authorized to execute a Mutual Aid Agreement with the
municipalities of Brewer, Glenburn, Hampden, Hermon, Holden, Old
Town, Orono and Veazie for the purpose of furnishing fire
protection. Said agreements shall be in a form acceptable to the
City Solicitor.
AND BE IT FURTHER ORDERED,
THAT the City Manager is authorized to execute a Memorandum of
Agreement McANG-City of Bangor Reciprocal Fire Protection Agreement
for the purpose of providing mutual aid fire protection services
between the City and the Maine Air National Guard. Said document
shall be as attached to this Order as Exhibit A.
IN CITY COUNCIL
October 25, 1993
Pawed as Amended by
Substitution of the
Fourth Page of the
Memore4dum of assessment
I CITY 15"
91-696
ORDER
Title,
Authoriving Execution ofMutal Aid
......................................
Agreements for Fire Protection.
......................................
A signed t
yynn \' n0
.......I ........
CounciLoen
EXHIBIT A-
KEHORAWPBN OF AGREEMENT
NeANC - CITY OF RANGER
RECIPROCAL FIRE PROTECTION AGRRENENT
THIS AGREEMENT, made and entered into this � day of
19 _ , by deal between the CITY OF HANGAR., a
municipal Corporation organized and existing under the taus of the State
Of Maine (hereinafter referred to as the "CITY'): and the UNITED STATES
OF AMERICA, represented by the Chief, Nacional Guard Bureau, and by the
USP&M and the State of Notice, acting through the Adjutant General of the
State of Maine (hereinafter referred to as the "GOVERNMENT'). Pursuant W
the authority of the Act of May 27, 1955, c. 105, Sections 1-5, P.O. 46,
(69 Stat 66), 42 USC S 1856-18564, and 80-A H.R.S.A. SS 2201 gq `e^
concerning said Reciprocal Fire Protection Agreement,
WITNESSETH THAT,
WHEREAS. the Parties wish to enter into a reciprocal agreement for
mutual aid in furnishing fire protection for their respective Property and
personnel.
NOW. THEREFORE, the parties, to Consideration of the foregoing.
mutually agree as follows:
1. SCOPE
(a) Upon request to a representative of the Maids Air National
Guard Fire Department by a representative of the City of Senator Fire
Department, firefighting equipment and personnel of the Maine Air National
Guard Base Fite Department may be dispatched if available to any point
Within the area for Mich the Bangor Fire Department normally provides fire
Protection as designated by the representative of the Secede Fire
Department.
93-496
(b) Upon, request to a representative of the City of Baur Fire
Department. by a representative of the Heine Air National Guard BaseFire
Department, firefighting equipment and personnel of the Bangor Fire
Department may be dispatched if available to any point within the
firefighting jurisdiction of the Maine Air National Beard Base Fire
Department.
2. OPERATIONS
Any dispatch of firefighting equipment and personcel pursuant to
this Agreement is subject to the following traditional
(a) Under paragraph 1(a). the Government will dispatch at a
minimum the equipment and manpower described below to the emergency -
situations indicated,
(1) Aircraft crash - 1 major crash vehicle. 1 quick
response vehicle with a minimum of 3 firefighters
(2) Rescue - 1 rescue
vehicle with minimum of 2
firefighters
(3) Structural - 1 tanker with minimum of 2 firefighters
(4) Flammable liquid firelspill - I major crash vehicle
with minimum Of 2 firefighters
(5) Hazardous material. Incidents - As indicated by
applicable directives with minimum of 2 firefighters
(b) Under paragraph 1 (b), The City will dispatch at a minimum
equipment and manpower described below to the situations describeds
(1) Aircraft tush - as per attachment R1 (Airport
Hutual Aid Request Response Chart), two firefighters
per ambulance. three firefighters per engine company.
one firefighter per tanker, now firefighter per ladder
truck
(2) Structural - 2 engine companies. 1 ladder, 1 ambulance
and Consumed vehicle
(3) Hazardous Material Incidence - 2 engine companies, 1
ladder. 1 ambulance, aad command vehicle
93-496
3. MAHANo AND CGNYPOL
(a) The reapoM(og organization's perewnel shall report to the
officer in charge of the requesting organization, at the location to which
the equipment is dispatched, and shall be subject to the orders of that
official. I I-
(b) The responding organization shall be released by the
requesting organization when services of the respoMing organization are
no longer required or when the responding organization is barred in the area
for which it normally provides fire protection.
(c) In the event of a crash or incident involving aircraft owed
or operated by the Government, within the boundaries of B.I.A., in the area
for Which the City mrmally provides fire protection, the AUG Fire Chief o
his representative for the Government will assume full control of the
emergency operation upon his arrival at the scene of the crash or incidewt.
(d) - In the event of'a crash or incident involving aircraft owned
or operated by Government. outside the boundaries of Barest International -
Airport, the ANG Fire Chief or his representative for the Government may
assume full command of the emergency operation upon his arrival at the
scene of the crash or incident.
(e) In,the event of a crash of City, privately -owned or
commercial aircraft, CGB Fire Chief or his representative may assume full
command of the emergency operation upon his arrival at the scene of the
crash or incident -
4. LIABILITY ARISING IN FIREFIGB'fING OPERATIONS
(a) Party Derivative Claims
Each Party waives all claims against the other Ferry for
compensation for any loss, damage, Personal injury. or death occurring as
s -a
sarsNtt„t�-
- 93-496 q-g� `ice
a of the simple nsgl gmce in the parfamence or attempted perf�
of acts in furtherance of this x�t.
Yash party further agrees to indd the other h Less for any acts or clai�rm
asserted through or on its behalf, either direcilY Or isdixectlY by its MPlol'ees,
agents, or others, ,ta:n+M of lass, danvge, personal injury, daath, or other
rembursable claim, Wiether actual or alleged, occuuxi g as the result of simple
sagllg®Ica in the parfomance, as attasptai perfoniance, of this Agornent.
(b) party Der' tl � - GZOSS Nenli [NmRlw sizai Use
'the parties agree to indemnify ead, other for airy acts arising in
cixcimstancee of gross negligence, willful neglect or unauthorized use or
of th eament equilurat by clan or agents or etployxe ,
xecUting in lass, damage, pert u injury, or death, to otter Persons, corporations
or o pedzaticns not a Party to Utis Agrecstnt. chis i,damuEicatim Stall not ba
deasaf to wefva ay, issatity to suit by astir tdrd part es preeav ly enjoyed by the
CPM or pxzo„isions of the fiaine abrt Claims Pct, 14 M.R.S.A.
SS 0101 et sco., as tie same cosy frw time to time be amadai.
(c) Neither Party shall he by the otter for any costs incurred
pursuant to this AgoamemR, uolms a specific vsittvs agreema:t to the cmttIrY
which states to Cimmstances and en'mt to which such is to be rtede,
arri ie axeoutei to the time the event occurs for eddcb said mimbuxsa®n is
subsequently clamed. _
5
All squfpoot veal by either Party under this Agnuxnent shall rennin
The property of that Party. Any etployee or voluMser firs moPaay mend r
acting for either Party in the fvrNerance of this Pyreevent Sba11 rennin
an employee and/or volunteer of that Party for all purlxnes,
9}496
.$mj SwZa37Li-
fel— ee— e/o•ar—n
a subsequence of the simple negligence in the performance or attempted
performance of ante in furtherance of this Agreement.
Each Party further agrees to hold the other harmless for any
acts or claims asserted through or on its behalf, either directly or
indirectly by. its employees, agents, or others. complaining of loss,
damage, personal Wary. death, or other reimbursable claim, whether actual
or alleged, occurring as the result of simple negligence in the Performance,
or attempted performance, of this Agreement. - -
(b) Party Derivative Claims- Gross Nazlisonheh ed Use
The Parties agree to indemnity each other for any acts arising
in circumstances of gross negligence, willful neglect or unauthorized use or
maintenance of noverrveen: equipment by CITY or COVERNMSNT agents or
employees, resulting in loss, damage. personal injury, . death, or other
.parsons. corporatiaae ur organizations, or persons act Party to this
Agreement. This indemnification is limited by the immunity limitations r of
th.¢_State of Maine Tort Claims Act. 14 M.R.S.A. SS 8101 i_t sen as the
same may fres time to time be amended.
(c) Neither Party shall be reimbursed by the other for any costs
incurred pursuant to this Agreement, unless a Specific Mitten agreement to
the contrary which states the circumstances aM extent to which such
reimbursement is to be made. and is executed to the time the event occurs
for which said reimbursement is subsequently claimed.
S. SENT
All equipment used by elcbar Party under this Agreement shall
remain the property of that Party. Any employee or volunteer fire company
member acting for either Party in the-furtberence of this Agreement shall
regain an employee andlor volunteer of that Party for all purposes.
93-496 -- - --
including Mine State workers' compensation and disability insurance
provisions, and disability or other similar provisions under Federal law.
6. TERK
Except as otherwise provided herein, this Agreement shall. be for a- -
term from 1 OCT 1993 to 1 OCT 1996, and shall continue in full force and
effect beyond that date until either Party demands a review or
renegotiation. Notice of such demand for renegotiation or review shall be
in writing and shell be delivered by Certified Hail to the other Party at
the address stated in paragraph 10, below.
7. TEPMINATION
This Agreement may be terminated by the CITY or the GOVERNMENT at
any time on thirty (30) days prior written notice.
E. MODIFICATION
This Agreement may be modified or amended only by written agreement
of the Parties signed by each of them."
9, WAIVER
Failure of either Party to complain of any action or nonaction by
the other Party vo matter how long continued, shall never be Mammon a
waiver of any rights hereunder. Further, the Parties agree that no waiver
of any provisions hereof by either party, shall be construed as a waiver of
any other provisional and that a waiver at any time of any provisions hereof
Shall not be construed at any later .ties as a waiver of the same provisions.
10. NOTICE
Notice required under this Agreement shall be sufficient if seat by
certified or registered U.S. mail, return receipt requested, an follows
T0: City Hanger
city of Bangor
city Ball ,
73 Harlow Street
Bangor. BE 04401
T0: Mine Air Natimal Guard
Wing Coamm der
Mist ARM
Bangor ANG Base
Bangor, HE 04401-3099
IN. WITNESS WHEREOF, the respective duly authorized represmtativm
Of the Parties' hereto executed this Agreement m the dateset -forth helow
by their respective signatures.
93-496
Dated
APPROVED:
POR TRE CITY OF BANGOR
Edward A. Barrett
City Manager
FOR THE MINE AIR NATIONAL GUARD
AND THE STATE OF MAINE
Dated,
Nelson E. Durgin. Major General
The Adjutaut General
FOR THE UNITED STATES OF ANERICA
Dated:
0. D. Lunney. Colonel. BOB
unitel States Property F Fiscal office - .-
POR THE CNIEP. NATIONAL SHARED BRENAN
Dated:
USAF
M. Walsh. Coloml
0, POSSIBLE PROBLEM BY A LIGHT
INDICATION. WIN NO VISIBLE "
PROBLEM-.
1 YELLOWS ANTICIPATED EMERGENCY
WITH 0-4 PEOPLE.
REOe ACTUAL CRASH WITH 0-4 PEOPLE.
YELLOWh ANTICIPATED EMERGENCY
HIM 4-15 PEOPLE.
2
93-496 —.
STATION 3 RESPONSES ONLY:
NOTIFYING CENTRAL PINE TO
STAND BY.
ENGINE 6, TANKER 6
ENGINE 1. CAR 2
AMBULANCE 1. AND 1 CAPITAL
AMBULANCE
ENGINE 6. TANKER 6
ENGINE 1. LADDER 1. CAR 2
AMBULANCE I. AND 1 CAPITAL
AWBCLAUDE WITH 1 ON STAND
BY.
NOTI Y HOSPITALS
Me ACTUAL CRASH WITH 4-15 NASO CASUALTY PLA
PEOPLE. HERMON TANKER. HAMMER
-TANKER AND GLENBURN TANKER
NOTIFY HOSPITALS
YELLOWS ANTICIPATED EMERGENCY ENGINE 6. TANKER 6
WITH 15 OR WAR PEOPLE. ENGINE 1. LADDER 1. CAR 2
AMBULANCE 1. AND 2 CAPITAL r✓(.�
AMBULANCE I / f
NOTIFY N0.5PTTALS
4
Me ACTUAL GUAM HIM 15 OR MASS CASUALTY PLAN
MORE PEOPLE. HEREON TANKER, HAMPDEN
TANKER AND GLENBUEN TANKER
NOTIFY HOSPITALS
ON CODE YELLOW — AIRPORT COMMAND AND BANGOR PINE COMMAND WILL MEET ON THE
RAN? OF STATION 3
ON CODE RED — COM ANDERS FROM STATION 3 WILL RESPOND DIRECTLY TO THE
CRASH SCENE.
(AIRPORT TERMINAL)
NOTEr ALL UNINJURED PASSENGERS INVOLVED IN A RUNWAY INCIDENT ON B.I.A. OR
ADJACENT AREAS WILL BE TRANSPORTED TO THE SECURITY HOLDING SUCH, 2ND
FLUOR OF TME INTMATIONAL BLDG.. A MD CHOICE WILL BE ME CUSTOMS
ROOM ON THE FIRST FLOOR. TO BE MEDICALLY EVALUATED AND RELEASED.
(MR. ROBERT 2IEGLAAR IS THE AIRPORT MANAGER)
CODE RESPONSE
POR
THE
AIRPORT OR ADJACENT AREAS
CION
SITUATION
I
RESPONSE
0, POSSIBLE PROBLEM BY A LIGHT
INDICATION. WIN NO VISIBLE "
PROBLEM-.
1 YELLOWS ANTICIPATED EMERGENCY
WITH 0-4 PEOPLE.
REOe ACTUAL CRASH WITH 0-4 PEOPLE.
YELLOWh ANTICIPATED EMERGENCY
HIM 4-15 PEOPLE.
2
93-496 —.
STATION 3 RESPONSES ONLY:
NOTIFYING CENTRAL PINE TO
STAND BY.
ENGINE 6, TANKER 6
ENGINE 1. CAR 2
AMBULANCE 1. AND 1 CAPITAL
AMBULANCE
ENGINE 6. TANKER 6
ENGINE 1. LADDER 1. CAR 2
AMBULANCE I. AND 1 CAPITAL
AWBCLAUDE WITH 1 ON STAND
BY.
NOTI Y HOSPITALS
Me ACTUAL CRASH WITH 4-15 NASO CASUALTY PLA
PEOPLE. HERMON TANKER. HAMMER
-TANKER AND GLENBURN TANKER
NOTIFY HOSPITALS
YELLOWS ANTICIPATED EMERGENCY ENGINE 6. TANKER 6
WITH 15 OR WAR PEOPLE. ENGINE 1. LADDER 1. CAR 2
AMBULANCE 1. AND 2 CAPITAL r✓(.�
AMBULANCE I / f
NOTIFY N0.5PTTALS
4
Me ACTUAL GUAM HIM 15 OR MASS CASUALTY PLAN
MORE PEOPLE. HEREON TANKER, HAMPDEN
TANKER AND GLENBUEN TANKER
NOTIFY HOSPITALS
ON CODE YELLOW — AIRPORT COMMAND AND BANGOR PINE COMMAND WILL MEET ON THE
RAN? OF STATION 3
ON CODE RED — COM ANDERS FROM STATION 3 WILL RESPOND DIRECTLY TO THE
CRASH SCENE.
(AIRPORT TERMINAL)
NOTEr ALL UNINJURED PASSENGERS INVOLVED IN A RUNWAY INCIDENT ON B.I.A. OR
ADJACENT AREAS WILL BE TRANSPORTED TO THE SECURITY HOLDING SUCH, 2ND
FLUOR OF TME INTMATIONAL BLDG.. A MD CHOICE WILL BE ME CUSTOMS
ROOM ON THE FIRST FLOOR. TO BE MEDICALLY EVALUATED AND RELEASED.
(MR. ROBERT 2IEGLAAR IS THE AIRPORT MANAGER)
a.
NOTOAL AID AGREEMENT
AGREEMENT made this _ day of 1993, by and
between the. TOWN OF ORONO (hereinafter "Orono") and the CITY OF
BANGOR (hereinafter "Bangor"), both municipal.corporatfons located
in the County of. Penobscot, State of Naine.
W I T N E S e. E T Ni
WHEREAS, by virtue of 30-A K.R.S.A. 5 3156, the parties by
their Monicipal Officers may authorize their fire departments to
aid in extinguishing fires or other emergencies in other
municipalities;
NOW, THEREFORE, pursuant to 30-A M.R.S.A. 5 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 his
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 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 take care of them.
DRAFT 10-4-93
- - -- - 93-496
municipality, but does not waive the right to lien, as provided at
39-A N.R.S.A. 5 107, their employee's recovery against a
responsible .. third party.
d. 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 cost or reimbursement to such party;
provided, however, nothing herein shall prevent either party from
seeking and receiving reimbursement for the costs of fighting
forest fires and reimbursement for haz-mat incidents billed
directly to the carrier or facility.
(6) This Agreement shall become effective upon the date
hereof and shall remain in full force and effect until cancelled by
mutual agreement of the parties hereto, or by thirty (30) days'
written notice by either party to the other. -
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and corporate seals the day and year first written
above.
TOWN OF ORORO
BY
Robert T. Burke
Its Fire Chief
City Manager
Printed Name
CITY OF BANGOR
By
Witness John A. Foley
Its Fire Chief
STATE OF MAINE
PENOBSCOT, as.
Edward A. Barrett
City Manager
1993
Then personally appeared the above-named Robert J. Burke, Fire
Chief, Orono Fire Department, and City
Manager, and acknowledged the foregoing instrument to be their free
act and deed in their said capacities, and the free act and deed of
said body corporate. _
Before me,
Notary Public/Attorney at Law
Printed Name:
STATE OF MAINE
PENOBSCOT, as. , 1993
Than personally appeared the above-named John A. Foley, Fire
Chief, Bangor Fire Department, and Edward A. Barrett, City Manager,
and acknowledged the foregoing instrument to be their free act and
deed in their said capacities, and the free act and deed of said
hotly corporate.
Before me,
Notary Pablic/Attorney at Law
Printed Name:
93-496
(2) Upon receipt of such a call, the aiding fire department
shall furnish such equipmentand 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 own equipment, except for damage or lass caused by the
negligence or fault of the other party.
b. Each party .will provide workers' compensation
0r gl/ ;ISWAA&
insurance Ato 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.
c. With regard to workers' compensation claims or
incidents, each party to this Agreement waives subrogation, as
provided at 39-A M.R.S.A. S 107, against the other participating