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