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HomeMy WebLinkAbout2001-01-08 01-85 ORDERItem No. 01-85 Date: January 8. 2001 Item/Subject: ORDER, Authorizing the City Manager and Fire Chief to Execute a Mutual Aid Agreement of Organized Fire Departments for Penobscot County Responsible Department: Legal By virtue of Council Older #99-45 passed on December 2$ 1998, the City Council approved a Mutual Aid Agreement widen several communitles. However, at that time, only a few other communities had accepted Me agreement and some had requested additional language be added to the agreement. Chief Cammack and City staff have met with representatives of the communes Involved and have now reached agreement In addition, the Penobscot County Are Chiefs Association has approved this agreement The Municipal Operations Committee considered this item at its meeting on January 2, 2901 and recommends approval. This Order will also terminate the earlier countywide agreement dated December 29, 1998. Mange's Comments:"�w�,,raQ City Manager Associated Information: Mutual Aid Agreement �AFTiR]]RS.51i Legal Approval: City Solicitor In"uced far dwaA Passage _ First Reading Page of 8 Referral l Asupedm Councilor Blanchette Jam ary e, 2001 ti CITY OF BANGOR (MILE.) ORDER, Authorizing the City Manager and Fire Chief to Executea Mutual Aid Agreement of Organized Fire Departments for Penobscot County By tlM Ory Cama/ of Ne City of Fziym: ORDERED, THAT the City Mam9er and Fire CAlaf are hereby authorized, on behalf of the City of Bangor, m enecute a Mutual Aid Agmerrem of Organized He Depamnents for Penobeaot County. A copy of said Agreernent is attached heretm and be R further, ORDERED, THAT be Maml Nd AgreemaR of Organized Fire Depadments for Penobscot County, dated December 29,1938, approved by Onnobl Order k S Is hereby terminated. Title, 9utbori:fug tin City Manager and Fire Chief to Execute a Mutual Aid Agreement of organised Fire Departments for Penabacot County Assigned to E ell mma, IN CITY COUNCIL .January 0, 2001 Passed c �x CLERK Title, 9utbori:fug tin City Manager and Fire Chief to Execute a Mutual Aid Agreement of organised Fire Departments for Penabacot County Assigned to E ell mma, MUTUAL AID AGREEMENT of ORGANIZED FIRE DEPARTMENTS for PENOBSCOT COUNTY THIS AGREEMENT made by and between "contracting fire departments' as subsequently defined, by which each signatory party binds itself to the best of its ability to carry out the functions of a "requesting the department' as circumstances demand. WHEREAS, BY VIRTUE of 30-A M.R.S.A. Sec. 2201 and 3156, the partes by their Municipal officers, may authorize their departments to aid in extinguishing fires or aid in other emergencies in other municipalities. NOW, THEREFORE, pursuant to 30-A M.R.S.A. Sec. 2201 and 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: ARTICLE 1- DEFINITIONS A contracting fire department shall consist of a city, town, or any other political subdivision of the State of Maine, an agency of the State of Maine or of the United States of America, or an organized volunteer fire association. Such contracting rue department shall be organized on a permanent basis with responsible officers with authority to commit their organization by signature, and when appropriate by corporate seal, W abide by the terms of this agreement. Such contracting fire department shall possess and maintain personnel and equipment as outlined in ARTICLE It, the minimum requirements which, in the opinion of the Penobscot County Fire Chiefs' Association, can render aid to a requesting contacting unit in case of an emergency. A contracting fire department must serve an area with definite boundaries. If a municipality is not served by a fire department solely operated by or for the governing body of that municipality, the fire department providing such service shall do co under a legal contract or resolution. When a fire department's service area involves one or more municipalities, a contract should be executed with each municipality served. THIS AGREEMENT WILL NOT SUBSTITUTE FOR, OR SUPERSEDE ANY EXISTING MUTUAL AID AGREEMENTS BETWEEN ANY MUNICIPALITIES REGARDING FIRE PROTECTION, ARTICLE U - MINIMUM RBQUDtEMENTS Contracting fire departments shall meet the following minimum standards: a. All firefighters shall meet the equipment, safety, and training standards promulgated by OSHA, Maine Department of Iabor, and Title 30-A M.R.S.A. Sections 3771 through 3778, insofar as the jurisdictions of these cited agencies pertain to fire departments. Furthermore, all interior structural and attack firefighters shall meet the minimum State of Maine interior firefighting requirements. b. At least one of the following types of apparaNs shall be available from each contracting fire department: Tardrer. At least 500 gallon (1000 gal. recommended) 250gpm pump Minimum 2 h' discharges with male NPSH threads or NST to NPSH adapters Pumper: 500gpm capacity pump 500 gallon booster tank 1,200 ft. of 2 'h' or larger supply hose 400 ft. of 1 Na' and/or 1 %' hose All apparatus shall be in compliance with N.F.P.A. 1901, Pumper Fire Apparatus C. All fire apparatus shall be equipped with a 2 -way FM radio with the state the frequency (154.310) County tactical frequency (154.299) recommended. d. Each contracting the department shall maintain a training program and records of such training in accordance with current N.F.P.A. and State of Maine standards. ARTICLE M - OBLIGATIONS Section I - In the event that in the judgment of the Fire Chief or any other officer in charge of the fire department of any contracting unit, a fire or other emergency is occurring or is about to occur in their municipality of such magnitude that it cannot be adequately controlled by local firefighting equipment and personnel, said officer shall call on the closest contracting unit 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 most all other calls that may occur before the local firefighting force is free to handle them. The foregoing shall not preclude said officer from calling on other contracting units if the closest contracting unit is unavailable or may not have the personnel or equipment necessary to respond to the the or other emergency for which assistance is needed. In all cases, however, said officer shall endeavor to call on other contracting units on the basis of geographic proximity. Section 2 - In the event of regional training, the Fire Chief or other officer in charge may request, in advance, a contracting fire department to furnish available firefighting equipment and personnel for use to respond to calls during the regional training. Section 3 - Upon receipt of such call, the fire department shall tumish such equipment and personnel, as may be reasonably 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. Section 4 - Whenever any contracting unit responds to a into or emergency in another municipality, all companies shall report to the Chief or incident commander of the requesting contracting unit and receive an assignment. The aiding fire department shaft operate under the direction of the Chief or incident commander of the requesting commedng unit until dismissed; provided, however, if the commanding officer of the department providing aid believes the department's equipment and/or personnel are at risk, said officer may, after notifying the Chief or incident commander of the requesting contract unit, withdraw said equipment and/or personnel from the scene. Each individual company shall operate under the immediate supervision of its own officers who shall be responsible for the safety of their crew. Section 5 - Responsibilities a. Each contracting fire department is responsible for damages to and loss of its own equipment, except for damage or loss caused by the negligence or fault of the other contracting fire department. b. Each contracting fire department will provide workers compensation insurance to 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. Each contracting fire department will be responsible for the legal consequences of its own negligence to the extent provided by law. It is understood that any liability to third parties caused by the negligence or fault of the Chief or incident commander of the contracting fire department requesting aid shall, to all extent possible, be the responsibility of the contracting fire department requesting aid. d. Whenever a contracting fire department responds to any call, the contracting fare department shall follow the written protocol established by the Board of Directors of the Penobscot County Fire Chiefs' Association. e. A contracting entity which is asked to respond shall in no event be liable to the requesting department or third parties for its failure to respond to a request. Section 6 - Services performed by any party to this agreement shall be rendered without cost or reimbursement to any other party of this agreement; however, nothing herein shall prevent any party from seeking reimbursement for the cost of fighting forest fires, reimbursement for hazardous materials incidents billed directly to carriers or facilities. Nothing herein shall prohibit contracting fire departments from directly billing patients and/or insurance carriers for emergency medical services. ARTICLE W - UNINTENDED LIABILITY No clause or provision of this agreement, including but not limited to the responsibilities listed in Article 111, Section 5, above, is intended to create or provide any cause of action or remedy to any person not a party to this contract or to negate any immunity otherwise available to any contracting fire department or its members. ARTICLE V - GENERAL PROVISIONS Section 1-A request for mutual aid assistance pursuant to an individual aid agreement shall have priority over any request made pursuant to this agreement. Section 2 - Each contracting fire department shall annually provide proof of insurance to the Board of Directors of the Penobscot County Fire Chiefs' Association which shall be non cancelable without ten (10) days notice of cancellation being required to be sent to the Board of Directors. The minimum level of insurance coverage required of a contracting fire department shall be determined by the Board of Directors of the Association. Section 3 - The Board of Directors of the Penobscot County Fire Chiefs' Association shall adopt a protocol W be implemented by requesting and responding fne departments under the terms of this agreement by June 1, 2001. Section 4 - This Agreement is not a request for nor an authorization of any type of automatic aid. Section 5 - No Emergency Medical Services (EMS) are contemplated under the terms of this Agreement. ARTICLE VI - AMENDMENTS AND DELETIONS A. These articles, or any section thereunder, may be amended or deleted at any meeting, specifically called for in writing, seven (7) days in advance, for that purpose by the Board of Directors of the Penobscot County Fire Chiefs' Association. B. These amendments or deletions would be effective only upon ratification by a majority vote of members of the Penobscot County Fire Chiefs' Association. C. AN amendments or deletions must be accepted by the governing body of each participating city, town, political subdivision, agency of the State of Maine, United States of America, or a volunteer fire department in order to be effective. ARTICLE VN - TERMINATION Any signatory to this agreement may terminate its participation in said agreement upon thirty (30) days written notice W the Penobscot County Fire Chiefs' Association. F\laYIN/-ISI II elf;q.I The willful failure to respond to a call as provided herein or the failure to maintain a standard for preparedness satisfactory to the Board of Directors of the Penobscot County Fire Chiefs' Association, may be rause for loss of standing as a contracting fire department; and the members of the Penobscot County Fire Chiefs' Association, after hearing with due notice W parties in interest, shall have the authority W determine whether such penalty shall be imposed. If the members of the Penobscot County Fire Chiefs' Association determine that such penalty shall be imposed, then the contracting fire department which is in default under this memorandum of understanding shall have no further rights or obligations under this memorandum of understanding, and shall be so informed, in writing by the President of the Penobscot County Fire Chiefs' Association. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of January 9 , 2001. Represendngthe4bmrfCityof Bangor pird tial ae££re A. Camaro c, Fire Chief M: TOWn Official Edward A. Barrett, Clty Manager Notary public Gt MRI l COREY NWARYMB VXNE WCOYMBBIONPFIIRECOECERRERtf M