AC Contract No. 1993-12 - Mutual Fire Aid Agreementao�
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MUTUAL FIRE All) AGREEMENT
This Agreement is made and entered into by and between the City of Kodiak, a
municipal corporation of the State of Alaska ("the City") and the United States Coast
Guard Support Center, Kodiak ("USCG Support Center").
RECITALS
(a) The City and USCG Support Center acknowledge the possibility that fires
or other public emergencies may occur within their respective jurisdictions which
could reach such proportions as to be impossible to control with their own local
equipment, personnel, and resources and therefore find it appropriate that this
Agreement be entered into for the mutual protection of life and property pursuant to
A3 18.70.150-.160 (relating to the adoption of mutual fire aid agreements) and
Article X, $13 of the Alaska Constitution (authorizing intergovernmental agreements
for cooperative or joint administration of municipal functions or powers).
(b) The City and USCG Support Center are desirous of entering into this Mutual
Fire Aid Agreement in order to memorialize their current understandings and
expectations with regard to the furnishing of lire fighting, and emergency services
outside the normal and regular area of service by each party.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants,
terms and conditions herein contained the parties agree as follows:
1. Furnishing of Emergency
Fire Fighting Assistance
(a) Each party agrees to respond,
to the extent it deems reasonably
prudent and possible, to requests for
assistance from the other and to fur-
nish fire fighting and emergency fire
to
fighting services, utilizing paid and
volunteer fire fighters, and fire fighting
apparatus and equipment owned and
operated by each of the parties. The
judgment as to whether or not it is
reasonably urtidF+nt and m+aail+lo t.,
what extent and with what resources,
shall rest exclusively with the party
from whom such assistance is sought.
Both parties hereby formally disavow
any intention to create, through the
execution of this or any other agree-
ment or through any course of past or
future conduct, a binding contractual
right to require the other to respond, or
to respond at a particular level of
resources, to requests for assistance.
In
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fighting or emergency aid wade by the
fire chief, or other personnel who have
been authorized by the chief of the
requesting fire department to make
such a request.
2. Determination of Priority
It is mutually understood and
agreed that the dispatch of any per-
sonnel or equipment in response to a
request for assistance shall be subor-
dinate to the needs and responsibilities
of the responding fire department as
determined by its fire chief and that
his or her judgment as to the level of
resources which should be withheld in
order to respond to any actual or
Potential requests for assistance or
public emergencies within the geo-
graphical area regularly served by the
responding party shall be conclusive.
No violation of this Agreement shall be
considered to have occurred if, for any
reason, in the judgment of the re-
sponding fire chief, a response to a
request for assistance made by the
other party to this Agreement might
,jeopardize the fire or other protection
provided to the geographical area
regularly served by the responding
party,
3, Non -liability
Without limiting the generality of
the foregoing it's explicitly agreed that
a party to this Agreement shall not be
responsible or liable for any loss or
claims which may result from a failure
to respond to a request for assistance
received from the other party, or from
an alleged failure to respond in a
prompt or timely manner.
4. Operational Control
(a) Control of Fire Fighting
The fire chief of the party
requesting assistance, or his authorized
Mutual Fire Aid Agreement--City/Coast Guard
Page 2 of 4
representative, shall have the sole
responsibility for conducting all fire
fighting or emergency operations at the
scene, however, such requesting fire
chief may delegate management
authority over all or any part of such
operations to any responding fire chief
as provided in (b) below.
(b) Emergency Scene Manage-
ment
The requesting fire chief, or his
authorized representative, may request
that a responding fire chief, or his
authorized representative, assume
management authority over the control
and direction of all or any part of the
fire fighting operations at the fire or
emergency; however, the requesting
fire chief shall not, by relinquishing
such control, be relieved of his overall
control and responsibility for the
operation.
(c) Control of Personnel
Notwithstanding any other pro-
vision herein, the officers, fire fighters
and other personnel of each fire fight-
ing organization, both the responding
or the requesting units, shall remain
under the control and direction of their
own fire chief or his authorized repre-
sentative and shall not become the
agent, employees, or representatives of
any other party.
(d) Bright to Protect Personnel
and Equipment
Each fire chief, both responding
and requesting, and their authorized
representatives, shall have and retain
the right to refuse to commit their
personnel or equipment to any position
which is considered unreasonably
dangerous to the life of any of their
personnel, another person, or to equip-
ment. Afire chief, or his authorized
representative, shall have the sole and
exclusive right and discretion to deter -
0 the extent andunrninence of any
such danger.
5. Costs and Expense
Each party shall be responsible for
all of its own costs or expense incurred
M maintaining its equipment, insur-
anve coverage, apparatus...paying
salaries, and any and all other items of
cost or expense associated with pro-
viding services pursuant to this Agree-
ment; provided, however, that expend-
able fire fighting material used or
expended by a responding Party in its
activities at the scene, such as fire
fighting foam, shall be replaced by. the
party that issued the request for
assistance if the responding PAY
expending such materials serves a
written claim therefore upon the
requesting party not later than sixty
(60) days after such rnateriais were
used or expended and, provided fur-
ther, that nothing in this Agreement
shall be construed as a waiver on the
part of the City of the right to assess
fees in accordance with City of Kodiak
Resolution 92-18 or any other duly
enacted resolution or ordinance.
6. Damage and Loss
With the exception of replacement
of expendable fire fighting material as
provided above, any loss or damage to
fire apparatus or other equipment of
the responding party incurred or aris-
ing out of activities in responding to a
request for assistance pursuant to this
Agreement, including any Ions which
may occur while the responding party
i8 traveling to the scene, working at
the scene, or returning therefrom, shall
be the responsibility of, and shall be
paid by, such party responding to the
request for assistance.
Mutual Fire Aid Agreement—CitylCoast Guard
Page 3 of 4
?. Withdrawal
Either party may withdraw from
this Agreement at any time.
S. Immunities to Continue
This Agreement is not intended to,
and it shall not be construed to, waive,
relinquish, alter, amend or vitiate in
any manner whatsoever, the privileges
or immunities othervvise provided by
law to either of the parties hereto or to
any of their officers, employees, volun-
teers or other agents, whether in the
course of responding to a request for
assistance under this Agreement or
otherwise. Each party and all such
individuals shall have and retain all
privileges and immunities otherwise
applicable to the performance of the
same or similar functions within the
party's own area
9. Not Employees or Agents
Nothing in this Agreement shall be
construed to render or establish any
officer, employee or volunteer of any
one of the parties the agent, employee,
representative or volunteer of any of
the other parties and all such person-
nel shall be and remain, for all pur-
poses and at all times, the personnel of
the party providing such personnel.
10. No Warranty
By entering into this Agreement, or
taking any action pursuant to it,
neither party is making any represen-
tation or warranty, whether express or
implied, concerning the gaining or
reliability of its personnel or that of the
other party, or with respect to the
safety, durability or reliability of its
fire fighting apparatus or equipment or
that of the other party. Each party
expressly disclaims any such express or
implied approval or warranty.
11. No Doty to Inhabitants or
Third Parties
This Agreement shall not be con-
* lb as creating or giving rise to any
duties on the part either party toward
the inhabitants of the geographical
area regularly served by the other or to
the owners of property within such
area. The parties hereby disclaim any
intention of creating third party
beneficiaries to this Agreement.
12. Procedures \
The fire chiefs of the parties shall
establish the manner and method of
requesting assistance for fire or other
CITY OF KODIAK
Recommended for Approval:
Michael F. Dolph
Fire Chie4
Dated: ,
Approved:
i
Mutual Fire Aid Agreement--City/Coast Guard
Page 4 of 4
emergency response under this Agree-
ment.
Each party shall develop and
maintain a communication system
which will facilitate the procedures
agreed upon.
I3. Effective Date and Term
This Agreement shall become
effective immediately upon being
approved by both the Kodiak City
Council and the Commanding Officer,
USCG Support Center or other appro-
pnate U.S. comet Guard Officiald it
shall expire 11:59 p.m. on July 30,
1995, unless earlier renewed or
extended.
UNITED STATES COAST GUARD
SUPPORT CENTER, KODIAK
Recommended for Approval:
Donald R. Rossiter
Fire Chief, USCG Support Center
Dated:
7 -- -5"7 ? -7
Approved:
r uj&mj -
Cap...'No6a's_
J. Barrett'
Commanding Officer USCG Sup-
port Center, Kodiak 4=; Dated:to
MUTUAL FI Im RA I] -D- AGREEMENT
ADDENDUM
14, Authority
This Agreement is entered into by the USCG Support Center, pursuant to the
authority granted by 14 USC, Section 141.
15. Hazardous Materials
Assistance for any emergencyinvolving hazardous materials or hazardous wastes
stored at the USCG Support Center, or in the City of Kodiak, will be in accordance
with the Terms of this agreement. The USCG Support Center will provide a Dopy of
its Hazardous Waste Contingency Plan to the City of Kodiak Fire Department. This
plan will be maintained in a place known and accessible to the City of Kodiak Fire
Department personnel. Any such plans prepared by the City of Kodiak, or persons
within the City of Kodiak Fire Department!sjurisdiction, will similarly be provided
to the USCG Support Center Fire Department. Periodic training in hazardous
materials and hazardous waste emergency response will be scheduled on a mutually
agreeable basis.
CITY OF KODL4K
Recommended for Approval:
Afichael F, Dolph
Fire Chie
Dated:
Approved:
Ko
xwyBloomiwst
City Mahjwr
Dated.
UNITED STATES COAST GUARD
SUPPORT CENTER, KODIAK
Recommended for Approval:
Donald R. Rossiter
Fire Chief, UPCG Support�Center
Dated:ac.
Approved:
pt. tMomas J. Barrett
Commanding Officer USCG Sup-
port Center, Kc!!;' k 3
Dated: