HomeMy WebLinkAbout2006-07-10 06-256 ORDER�f06 256
Date: July 10, 2006
Item/Subject: ORDER, Authorizing the Execution of an Agreement will Maim Emergerrry
Management Agency — Mobile Command Vehicle
Responsible Department: legal
Recently the City of Bangor received a Mobile Command Vehicle purchased with Homeland Beoarrty, Funds
provided through the Maine Emergency ManagementAgency (MEW). The Mobile Command Vehicle will be
used by the Fire Department and Police Department.
Because the City obtained the vehicle through the Maine Emergency Management Agency and since it will
he made available when necessaryfor emergencies occurring in our region, MEMA requires an agreement
setting forth the rights and responsibilities of each party with regard to the vehicle.
This Order will autharbe the mecutlon of an Agreement
Department Head
nis has been reviewed and Is recommended by the Government Operations Committee.
' Clry Manager
Associated Information: Agreement
Legal Approval:
ry 6olkiher
X Passage
_ Rrst Reading Page j_ of L
Referral
Asapedto Councikv bteeoe July 10, 3006
CITY OF BANGOR
(TITLE.) ORDER, Authorizing the Execution of an Agreement with Maine Emergency
Management Agency - Mobile Command Vehicle
WHEREAS, the Maine Emergency Management Agency (MEMA) has provided the City of
Bangor with a Mobile Command Vehicle paid for with Homeland Security Funds; and
WHEREAS, this vehicle will be used by the public safety departments of the City of
Bangor and will be made available to other regional jurisdictions and the State in the
case of certain'emefgencies within our region; and
WHEREAS, under such circumstances, MEMA requires an agreement setting forth the
rights and responsibilities of MEMA and the City,
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR
THAT
the City Manager is herebh-authorind to execute an Agreement between the City of
Bangor and the Maine Emergency Management Agency in a form substantially the same
as attached hereto. The agreement shall be In a final form as approved by the City
Solicitor or Assistant City Solicitor.
III CITT WMIICIL
July 10. 2006
i 06-256
MME,1(wthozizfve the E emtlw of m
Agieemvt r th Maine ooe[Sevc➢ Maoege�v[
Aeeocv - Mobile Co®aod Vehicle
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Agreement Between
City of Bangor
And
The State of Maine, Maine Emergency Management Agency
The State of Maine, Means Emergency Management Agency (hereafter' MEMA') and
the City of Bangor (hereafter Bangor):
u menL The Mobile Command Ychicle and accessories, (hereafter"MM
specified in Appendix A, as amended from time to time and included in my other
NEMA equipment on hand -receipt w Bangor is encompassed by the terms of this
agreement
Bangor wadersmnds and agrees that if in the judgment of the MEMA Director, the
equipment provided by MBMA Is not being properly maintained, Bangor fails to respond
when necessary, or otherwise fails to comply with the terms of this agrecmmy these
issues may be taken into consideration by MEMA with regard to evaluation of future
funding requests by the City of Bangor order the State Homeland Security Grant
program.
The MCV will remain a component of the State Homeland Security Strategy, and MEMA
will reevaluate the same of the MCV and related equipment with the City of Bangor at
the discretion of the MEMA Dircmor. The City of Bangor will retain ownership of the
MCV.
Bangor will renin fall use of the MCV, maintain rad protect the equipment. including
but not limited w registratiM inamavice, routine testing, clasmag, mspectiom and
storage. Bangm agrees to report w MEMA equipment leaned to mother agency or
government unit
Wrequested by MEMA or pursuant w a mutual aid agreement, Bangor agrees to respond
to incidents within its established region and, if necessary, statewide. Appendix
nature minimum standards agreed to by both parties for the collard of the MCV.
Further, in accordance with the standards outlined in Appendix B, Bangor reasons the
right w moral) appropriate compensation for MCV operations when called out under the
appropriate chain of command.
Bangor agrees to submit equipment and personnel stains repents an the MCV at least
annually to hlEMA. The progress report shall describe training end proficiency
activities, past and further and my actual or anticipated problems. City of Bangor
06 256
persomel also agrees m meet semi-amuaBy, with MEMA and other MCV host agencies
to discuss progress, issues, and problems surrounding the MCVs and their me.
Traiaine and Certification of MCV Onestors: Bangor agrees to conduct reSesher
training a least annually to evaluate their status and training needs. Bangor agrees to
maintain a sufficient cadre of vehicle operators with appropriate proficiency, who live or
work in the region. -
The MCV Operations group is to be fully rained and testified to respond to incidents
within six (6) months from The data this agreement is signed. Training shall be conducted
to compliance with all applicable laws and regulations, including without limitation to the
Oaupam al Safety and Health Am
arehases and provided Equipment : MEMA and Bangor will diseens what additional
equipment (if any) should be puretased. The h7EMA D'pectm shall net be responsible
for my defect, latent or apparent, in said equipment, whether in material a worlmtmship.
Liability: The pardes agree that Bangor shall have no obligation to MBMA or any
claim, in our or otherwise, against biliMA that arises in my way from the use or
pmcbase of the equipment and such limitation ofliabilityis to be made known to and
binding upon any party receiving equipment from NMMA. The City ofBaogor further
agrees to indemnify NEMA and hold it harmless from and against any third party claims
that may arise from the pumhoses of the equipment, including all losses, damages, and
expesues, such as reasonable attorney's fees and defense costs, related to any such third
party claims. Nothing command herein is intended to waive the defenses and immurdfies
available to either MEMA or Berger with respect to third parties under provisions of my
law, including, but not limited m, the defenses and immunities provided under the Maine
Tort Claims Act, 14 MESA 8 10 1, a seq.
Third Party Beneficiaries: This agreement is for the benefit of the City of ganger and
W -MA only, and is rot awarded to more to the benefit of my third party, including but
not limited to any particular municipality or group of emergwcy fust responders.
HlakofLose Theriekreladvgwo casaltylossmdamagetoanyequipmmtunda
this agreement stall pass to Bangor upon delivery of the equipment by MEMA. NEMA
shall be responsible for inspection of the equipment for damage, defect or storage upon
delivery. MEMA shall notify Bangor when theequipmeet is available for pick-up and
Barger shall arrange manifestation to recover the equipment firm MEMA.
Entire Agreement/ SevembBlty: This agreement communes the entire undershooting
between the parties hereto end supemedes all other oral or written commmications
betweenthem thatmightexistin regardim the subjearustterherein. Tbisagreemmtmay
not be amended a modified except by a writing signed by both parties. If my portion of
this agreement should be found unenforceable by a enter of law, the parries intend that all
other portions of the agreement shall remain in full fore and effect.
66 256
Withdrawal and Termination: The City of Bangor may withdraw from this agreement
provided that it has given MEMA, and all other parties m this agreement, at least sixty
(60) days notice ofits iMentionto do m. This agreement shall terminate, unhan sooner
terminated by agreement ofthe parties hereto or by its terms, upon the withdrawal of one
participa impany.
Term: This agreanent will remain in full force and effect until July 19, 2009 and may
be extended by the mutual agreement of me parties hereto, evidence by a duly executed.
insmmment to be attached hereto.
Amendment: This agreement may be modified or amended by mutual agreement of all
parties hereto by a duly executed wmtm instrument to be attached hereto and appmved
by HEMA and the City of Burger.
Effective Date: This agreement shall b"dective on July 20, 2006.
DI WITNESS IsI EREOF, the Mane Emergency Management Agency and the City of
Boman, hereby execute this agreement and further aciarowledge that each of the
signatures below has been duly authorized to execute this agreement on behalf of the
James.
Attest:
Maine Emergency Management Agency
Dated:
Title:
City of Bangor
Dated: By:
Edward A. Be
City Manager
06 256
Bangor Command Truck:
APPENDIX "A"
Bangor Inventory
6/06
2- Orbacom Dispatch consoles with computers
6- Motorola Portable radios with rack charger
6- Motorola VHF mobile radios
I- Motorola UHF mobile radio
2- Motorola VHF radios with AC power supplies
1- Icon Ham radio
2- Icom Aviation radio
I. Garmin road pilot GPS
1- Garmin hand held LZ GPS
1- Global Star Satellite phone with cradle
2- Tri -pod lights
3- spotlights
2- Elechical cords
3- Salvage covers
1- brown & dust pan
1- Assorted office supplies
1- Water cooler with bottle
2- Wheel chocks
1- 1000' roll CAT 5e phone cable
1- Tool box with assorted tools
10 -Traffic cones
4 Dell Notebook computers
ns ?56
APPENDIX ]3: Minimum Standards for Vehicle Callout
ANY or ALL of the following criteria may apply for the callous and operation of Mobile
Command Vehicles in response to incidents:
1. Events involving gross (3) or more entities,agencies, or fust responder disciplines.
2. Events which require 'major coordination efforts;' including but not limited to
4. Longtamevents: greater data twenty-four(24) horns duration, with exteavon of
opemtioms valuetedafe seventy-two(72)hom. Ex[ensioeofoperatiovsand/orre-
supply of the MCV will be w the discretion of the Incident Cammander.
5. Mamgatherings: MCVwillbeudlizedatow 'sdiscretionmdbywxiden
agmemwt between owners and event planar. Coordination between event planners wed
vehicle owners is squired in advance.
• Definition: The own "news gathering„ is intended to mean events lasting more
than twenty-four (24) hours in duration and with an expemed mtwdwce of more
flim five thousand (5,000) people.
6. Minimum Staffing Levels: at least two (2) members of the MCV owner's suff will be
present with the vehicle at 0 times. l ewmmended staffing is one vehicle driver and at
less one Operatarhausan.
7. Compensation for Operations: MCV owners may charge compensation fon labor and
materiels expected during vehicle operavons according to the Federal Emergency
Management Agency (FEMA) Schedule ofEquipmwt Rates.
• The most cament version of the FEMA Schedule shall be wed at the time of
MCV deployment.
• The FEMA Schedule can be fond at wwwfemaeov/nr/na/fn eq mtess rn
Wt itcrmrism events
•
Natural disasters
•
Plan crash
•
Major fire eveds
•
Extended hos+age slandow
•
"Arrive shooter" shutwom
•
Eta[cswctioned WMDMazMaVDisavter naming and exercises
3. Everts withm wticipated mmimrw ®flout afnat las than four (4) boors.
4. Longtamevents: greater data twenty-four(24) horns duration, with exteavon of
opemtioms valuetedafe seventy-two(72)hom. Ex[ensioeofoperatiovsand/orre-
supply of the MCV will be w the discretion of the Incident Cammander.
5. Mamgatherings: MCVwillbeudlizedatow 'sdiscretionmdbywxiden
agmemwt between owners and event planar. Coordination between event planners wed
vehicle owners is squired in advance.
• Definition: The own "news gathering„ is intended to mean events lasting more
than twenty-four (24) hours in duration and with an expemed mtwdwce of more
flim five thousand (5,000) people.
6. Minimum Staffing Levels: at least two (2) members of the MCV owner's suff will be
present with the vehicle at 0 times. l ewmmended staffing is one vehicle driver and at
less one Operatarhausan.
7. Compensation for Operations: MCV owners may charge compensation fon labor and
materiels expected during vehicle operavons according to the Federal Emergency
Management Agency (FEMA) Schedule ofEquipmwt Rates.
• The most cament version of the FEMA Schedule shall be wed at the time of
MCV deployment.
• The FEMA Schedule can be fond at wwwfemaeov/nr/na/fn eq mtess rn