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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 Nsigmed to Cbu�eelllor 6.� V to E 250 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