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January 12, 2001
Norman S. Heitmann ill, Esq. Thomas A. Russell, Esq.
Bangor City Hall FARRELL, ROSENBLATT & RUSSELL
73 Harlow Street P. O. Box 738
Bangor, ME 04401 Bangor, ME 04402-0738
Wayne Foote, Esq.
FOOTE & TEMPLE
P. O. Box 1576
Bangor, ME 04402-1576
RE: Mutual Aid Agreement for Penobscot County
Dear Nona, Wayne, and Tom:
Enclosed please find a copy of the attested copy of DEC2000-A15 Passed
by the Brewer City Council December 12, 2000, authorizing the City Manager
and Fire Chief to sign the Mutual Aid Agreement for Penobscot County,
together with a copy of the signed Agreement.
Very trul'/�yy yours,
FEEARBORN & WILLEY
JAD/jk Joel A. Dearborn
encs.
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CITY OF BREWER, MAINE
IN MY COUNCIL ASSEMBLED
DEC2000-A15 December 12, 2000
TITLE: ORDER, AUTHORIZE MUTUAL AID AGREEMENTS OF ORGANIZED
FIRE DEPARTMENTS FOR PENOBSCOT COUNTY.
filed December 6, 2000
by Marley DeRe
WHEREAS, pursum[ to Title 30-MAS.A § 2201 and § 2156, municipal officers may
autLor their fire departvxarcs to aid inextinguishing fres or assist in other emergenciesm
other muaicipalifes; and
WHEREAS, the Penobscot County Fire Chiefs' Association has developed a adtual aid
agreerevt providing for cooperation suit support among member the departments in assisting
one another in extinguishing fees or aid in other emergencies; and
WHEREAS, it is the sense ofthe Brewer City Council that the Brewer Fie Department's
participation it ibis mutual aid agreement would be berefcial to the citizens ofthe City of
Brewer;
NOW, THEREFORE, BE IT ORDERED, that the Brewer City Council, on behalf ofthe
City of Brewer, herewith authorizes the City of Brewer's participation in this mutual aid
agreement; and
FURTHER ORDERED, that the City Manager and the Fire Chief are herewith authorimd
to sign this agreement, st copy of which is attached in this order and made apart hereof, on
behalf of the City of Brewer.
Decmba, 13,200
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MUTUAL AID AGREEMENT of ORGANIZED FT
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 fire department- as
circumstances demand.
WHEREAS, BY VIRTUE of 30-A M.R.S.A. Sec. 2201 and 3156, the parties
by their Municipal officers, may authorize their departments to aid in
exfinguishing fires or aid in other emeLgencies 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 I — 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 fire 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, to abide by the terms of this
agreement. Such contracting fire department shall possess and maintain
personnel and equipment as outlined in ARTICLE II, the minimum
requirements which, in the opinion of the Penobscot County Fire Chiefs'
Association, can render aid to a requesting contracting 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 so under a legal contract or resolution. When a fire
department's service arca 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 D _ MINIMUM REQUIREMENTS
Contracting fire departments shall meet the following minimum
standards:
a. All firefighters shall meet the equipment, safer', and training
standards promulgated by OSHA, Maine Department of
Labor, 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 apparatus shall be
available from each contracting fire department:
Tanker: At least 500- gallon (1000 gal. recommended)
250gpm pump
Minimum 2 Ya' discharges with male NPSH threads or
NST to NPSH adapters
Pumper: 500gpm capacity pump
500 gallon booster tank
1,200 ft. of 2 '/a' or larger supply hose
400 ft. of 1 'A' and/or 1 b' hose
All apparatus shall be in compliance with N.F.P.A. 1901,
Pumper Fire Apparatus
C. All foe apparatus shall be equipped with a 2 -way FM radio
with the state fire frequency (154.310) County tactical
frequency (154.299) recommended.
d. Each contracting fire 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 III — 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 meet 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 fire 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 furnish
such equipment and personnel, a's 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 fire 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 shall operate under the direction of
the Chief or incident commander of the requesting contracting 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 men,
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 f e department responds [o any call,
the contracting fire 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 IV - UNINTENDED LIABILITY
No clause or provision of this agreement, including but not limited to the
responsibilities listed in Article III, 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 fue
department or its members.
ARTICLE V - GENERAL PROVISIONS
Section I - 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 to be implemented by requesting and
responding fire departments under the terms of this agreement by June 1,
2000.
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. Ail 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 VII - TERMINATION
Any signatory to this agreement may terminate its participation in said
agreement upon thirty (30) days written notice to the Penobscot County Fire
Chiefs'Association.
ARTICLE VDT - PENALTY
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 cause for loss of
standing as a contracting fire department; and the members of the Penobscot
County Fire Chiefs' Association, after hearing with due notice to parties in
interest, shall have the authority to 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
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