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 ^
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Budget Approval:
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Legal Approval:
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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.