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HomeMy WebLinkAbout1990-04-11 90-149 ORDERDate w 4- 11-9,0 Item No. 90-149 Item/Subject: Authorizing Execution of Mutual Aid Agreement with Maine Air National Guard Responsible Department: Legal Commentary: This Agreement will formalize the mutual aid arrangement that Me been worked out between the City Fire Department and the Maine Air National Guard regarding fire protection and response at Bangor Laterrwtional Airport. The Agreement is similar in form and ecepe to existing mutual aid agreements between the City Fix Department and other local municipalities. Although intended to provide chiefly for protection at Bangor International Airport, the Agreement does allow for the possibility of National Guard response on request to fixe at ether locations within the City. Tom Agreement provides that each party shall be responsible for its pan negligence claims and costs; and provides that the mucloyees of each remain employees for purposes of workers' compensation and disability claims, etc. The Agreement remains in force until either party terminates or demands renegotiation. Termination is on thirty days prior written notice. Def ran,UHr Manager's Comments: d ^ Iblue— City mewsr, associated Information: Ojos, Budget Approval: FmonceDire Legal Approval: Cay oarea mo- aced For Col gFusAge First Feeding Page— of F-1 Referral 90-149 Awignedlo Caumflor ealdacci, April 11, 1990 CITY OF BANGOR (TITLE.) Autho z g EBecution of Mutual Ala Agreement._.. with the Maine Air. National Guard By tAe fNtY GuulalUe L'BV olBanQor: _ OBDFMED, THAT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute a Memorandum of Agreement with the Maine Air National Guard, 'a copy of said Agreement being on file in.the office of the City Clerk. 90-169 ORDER IN CITY COUNCIL April 11, 090 '.'. k Title, Passed Authorizing Execution ofMutual .Aid CITY GL - Agreement with the Maine Air National Guard ....................................... G. AmAgned to Councilman 90-149 NBMONANOIIM OF AGREEMENT Me ANG - CITY OF BANGOR RECIPROCAL FIRE PROTECTION AGREEMENT THIS AGREEMENT, made and entered into this day of 19 , by and between the CITY OF RANCOR, a municipal corporation organized .and existing order the laws of the State of Maine (hereinafter referred to as the -CITY-); and the UNITED STAIRS OF AMERICA, represented by the Chief, National Guard Bureau, and by the USPSFO and the State of Maine, acting through the Adjutant General of the State of Maine (hereinafter referred to as the "GovERNSIENT-), pursuant to the authority of the Act of May 27, 1955, c. 105, Sections 1-5, P.O. 46, (69 Stat 66), 42 USC S 1856-1856d, and 30-A M.R.S.A.. SS 2201 at seq 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, in consideration of the foregoing, mutually agree as follows: 1. SCOPE (a) Upon request to a representative of the Maine .Air National Guard Fire Department by a representative of the City of Bangor Fire Department ,: firefighting. equipment and personnel of the Maine, AirNationale. Guard Base Fire Department may be dispatched if available to any point within the area for which the Banger Fire Department normally provides fire protection as designated by the representative of the Banat Fire Department. _(b) Upon request to a representative of the City of Bangor Fire Department, by a representative of the Hain .Air National Guard Base Fire Department, firefightingequipment and personnel of the Bangor Fire l Department may be dispatched if available to Any point within the firefighting jurisdiction of the Maine Air National Guard. Base.. Fire. . Department. 2. OPERATIONS Any dispatch of firefighting equipment andpersonnel pursuant to this Agreement is subject to the following conditions: (a) Under paragraph 1(a), the Government will dispatch at a, minimum,theequipment' 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 miaimom of 3 firefighters (3) Structural - 1 tanker with minimum of 2 firefighters (6) Flammable liquid fire/spill - 1 major ash vehicle with minimum of 2 firefighters (5) Hazardous Material Incidents - As Indicated by applicable directives with minimem of 2 firefighters J. CpMNNO AND CONTROL (a) The responding organization's personnel shall report to the officer in charge of the requesting organization, at the location to Micb the equipment is dispatched, and shall be subject to the orders of that official. (b) The responding organization shall be released by the requesting organization when services of the responding organization are. no longer required or vhen.the responding organizationis needed in the area for which it .normally provides fire protection. (c) In the event of a crash or Incident involving aircraft owned or operated by the Goverment, within the boundaries of B.I.A., in the area for which the. City normally provides fire protection, the ANG Fire Chief or his representative for the Goverment will assume full control of the emergency operation upon his arrival at the scene of the crash or incident. (d) In the event of a crash or Incident involving aircraft owned or operated by Goverment, outside the boundaries of Burger International Airport, the ANG Fite Chief or his representative for the Goverment may - seems 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 co®ercial aircraft, refer to Airport Mutual Air Request Response Chart, attached to this Agreement. 6. LIABILITY ARISING IN FIREFIGHTING OPERATIONS (a) Party Derivative Claims - S1m2le Negligence Each Party waivesallclaims against the other party for-, compensation for any lose, damage, personal Injury, or death occurring as a consequence of the simple negligence in the performance or attempted performance of acts in furtherance of this agreement. Each Party further agrees to hold the other harmless. for any acts or claims asserted through or onits behalf, either directly or indirectly by its employees, agents, or others, complaining of loss, damage, personal injury, 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 Negligence Or Unauthorized Use The Parties agree to indemnify each other for any acts arising in circumstances of gross negligence, willful neglect or unauthorised use or maintenance of Government equipment by CITY or GOVERNMENT agents or employees, resulting'. in lass, damage, personal Injury, death, or other - persons, corporations or organizations, or persona not Party to this Agreement. This indemnification is limited by the immunity limitations of the State of Maine Tort Claims Mq L4 M.R.S.A. SS 8101 et seg ., as the same may from time to time be amended. (c) Neither Party shall be reimbursed by the other for any casts incurred pursuant to this Agreement, unless a specific written agreement to the contrary which states the circumstances and extent to which such reimbursement is to be made, and is executed to the Lime the event occurs for which said reimbursement is subsequently claimed. 5. EQUIPMENT All equipment used by either Party under this egreement shall - remain the property of that Party.My employee or volunteer fire company member acting for either Party in the furtherance of this Agreement shall remafn,ah.'employee and/or volunteer of that Party for all purposes, Including Maine State workers" compensation and disability insurance provisions, and disability or other similar provisions under Federal law. 6. TERM Except as otherwise provided herein, this Agreement .shall be fore a Lem free 1 MAR 1990 to 1 MAR 1995, and shall continue in full -forre 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 shall be delivered by Certified Mail to the other Party at the address stated In paragraph 10, below. I. TFFMIMATION This Agreement may be terminated by the CITY or the GOVERNMENT at any time on thirty (30) daysprior written notice... 8. MODIFICATIDN This Agreement may be modified or amended onlyby written agreement of the Parties signed by each of than. 9. WAIVER Failure of either Party to complain of any action or nonaction by the other Party, no matter how long continued, shall never be deemed a waiver of any rights hereunder. Further, the Parties agree that no waiver of any provisionshereof by either Farcy, shall be construed as a waiver of - any other provisions: and that a waiver at anytime of any provfefons:.hereof- shall not be construed at any later time as a waiver ofthe same provisions. - 10. NOTICE Notice required under this Agreement shall be sufficientif sent by Certified or registered U.S. mail, return receipt requested, as follows: T0: City Manager TO: Maine Air National City of Bangor Guard Commander City Hall 101st AREFW 13 Harlow Street Bangor ANG Base Bangor, ME 04401 Bangor, ME 04401-3099 IN WITNESS WHEREOF, the respective duly euWarived representatives of the Parties hereto essen ed this Agreement on the-0ate set forth below... by their respective signatures. Dated: Dated: Dated: APPROVED: FOR THE CITY OF BANGOR Edward A. Barrett City Manager FOR THE MAINE ATR NATIONAL GUARD AND THE .STATE OF MAINE. Ernst C. Parks, Major General, The Adjutant General POR ME UNITED STATES OF AMERICA Dennis Looney, Colonel, EGA United Slates Property AFiscal Office FOR THE CHIEF, NATIONAL SIGNED BUREAU Dated: Larry G. Garrison, Colonel USAF AIRPORT BRIDAL AID REQUEST RESPONSE CRAFT CODE RESPONSE SITUATIONS' I AMBULANCE INFLUENT EMERGENCY 0-15 PEOPLE ACTUAL CRASH 0-4 PEOPLE. KC -135 EMERGENCIES (EXCEPT LIGHT INDICATIONS) 2 AMBULANCE, ENGINE 6 ONLY INPLIGHT EMERGENCY MORE TEAM 15 PEOPLE ACTUAL CRASH - 4-15 PEOPLE RAMP INCIDENT RESIGN AIRCRAFT. - 3 ENGINE 6, ENGINE 2, TH INPLIGHT EMERGENCIES (OTHER AN TANKER 6, SNORKEL 1, LIGHT INDICATIONS) ON I07"S OR Ahffl ANCE 1 LARGER AIRCRAFTS RAMP INCIDENTS, LARGE AIRCRAFT, SECURE FIBER ON AIRCRAFT VIM TOP MOUNTED ENGINES 4 ENGINE 6, ENGINE 1, ACTIVATE CITY DISASTER PLAN/AND '. ENGINE 2, TANKER 6, MASS CASULTY PLAN SNORKEL 1,AMBULANCE 1 ACTUAL CRASH MORE MAN 15 PEOPLE 5 TANKER 6 6 HAMPDEN TANKER SPECIAL CALL - BANGOR DISPATCH j (WE ASSUME THIS IS FOR RESPONSIBLE FOR CALLING VACUUM WATER SUPPLY ONLY) 6 ENGINE 6, ENGINE 1, STRUCTURE FIRE OR HAZARDOUS LADDER 1, AMBULANCE 1 MATERIALS INCIDENT (CANKER 6, SNORER, 1 DO NOT RESPOND) NOPE: NOTIFICATION WILL BE GIVEN IMMEDIATELY TO THE A/C ON DUTY, WHENEVER A CODE IS REQUESTED PROM AIRPORT COMMAND:, ALSO ALL UPGRADING OF CODE CALLS WILL ALSO BE GIVEN IMMEDIATELY TO THE A/C FROM DISPATCH.