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94-15 Mutual Fire Aid Agreement Between the USCG, FPA No.1 and Womens Bay Service Areae Al 94 15 MUTUAL FIRE AID AGREEMENT This Agreement is made and entered into by and between the United States Coast Guard Support Center, Kodiak ("USCG Support Center"), Fire Protection Area #1 of the Kodiak Island Borough (KIB), Alaska, which is also referred to as the Bayside Volunteer Fire Department ("Bayside"), and Womens Bay Service Area of the Kodiak Island Borough, Alaska, which is also referred to as the Womens Bay Volunteer Fire Department ("Womens Bay"). USCG Support Center, Bayside, and Women's Bay are referred collectively as the "parties." RECITALS (a) The parties 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. Therefore, they find it appropriate that this Agreement be entered into for the mutual protection of life and property pursuant to AS 18.70. 18.70.150-.160 (relating to the adoption of mutual fire aid agreements), Article X, Subsection 13 of the Alaska Constitution (authorizing intergovernmental agreements for cooperative or joint administration of municipal functions or powers), and (with respect to USCG Support Center) 14 USC, Section 141. (b) The parties desire to enter into this Mutual Fire Aid Agreement in order to memorialize their current understandings and expectations with regard to the furnishing of fire 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. The parties agree to respond, to the extent reasonably prudent and possible, to requests for assistance from the others and to furnish fire fighting and emergency fire 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 prudent and possible to respond to a given request and, if so, to what extent and with what resources, shall rest exclusively with the party from whom such assistance is sought. All three parties hereby formally disavow any intention to create, through the execution of this or any other agreement or through any course of past or future conduct, a binding contractual right to require the others to respond, or to respond at a particular level of resources, to requests for assistance. b. The term "request for assistance" shall mean a request for fire fighting or emergency aid made by the fire chief, or other personnel who have been authorized by the chief of the requesting fire department to make such a request. Mutual Fire Aid Agreement Page 1 of 5 2. Determination of Priority It is mutually understood and agreed that the dispatch of any personnel or equipment in response to a request for assistance shall be subordinate 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 geographical 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 responding 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 is 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 another party, or from an alleged failure to respond in a prompt or timely manner. 4. Operational Control Control of Fire Fighting: The fire chief of the party requesting assistance, or his authorized 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 Management: 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. Control of Personnel: Notwithstanding any other provision herein, the officers, fire fighters and other personnel of each fire fighting organization, responding or requesting units, shall remain under the control and direction of their own fire chief or his authorized representative and shall not become the agent, employees, or representatives of any other party. d. Right to Protect Personnel and Equipment: All fire chiefs, responding and requesting, representatives, shall have and retain the right to personnel or equipment to any position which is dangerous to the life of any of their personnel Mutual Fire Aid Agreement and their authorized refuse to commit their considered unreasonably another person, or to Page 2 of 5 equipment. A fire chief, or his authorized representative, shall have the sole and exclusive right and discretion to determine the extent and imminence of any such danger. 5. Costs and Expense All parties shall be responsible for their own costs or expenses incurred in maintaining equipment, insurance coverage, apparatus, paying salaries, and any and all other items of cost or expense associated with providing services pursuant to this Agreement. However, fire fighting material intended for consumption 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 party expending such materials serves a written claim therefor upon the requesting party not later than sixty (60) days after such materials were used or expended. 6. Damage and Loss With the exception of replacement of expendable fire fighting material as provided above, any loss or damage to capital equipment such as fire trucks, ladders, hoses and other fire apparatus and equipment of the responding party incurred or arising out of activities in responding to a request for assistance pursuant to this Agreement, including any loss which may occur while the responding party is 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. 7. Withdrawal Any party may withdraw from this Agreement at any time by providing written notice of such withdrawal to the parties. 8. 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 otherwise provided by law to either of the parties hereto or to any of their officers, employees, volunteers or other agents, whether in the course of responding to a request for assistance under this Agreement or otherwise. All parties 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 personnel shall be and remain, for all purposes and at all times, the personnel of the party providing such personnel. Mutual Fre Aid Agreement Page 3 of 5 10. No Warranty By entering into this Agreement, or taking any action pursuant to it, no party is making any representation or warranty, whether expressed or implied, concerning the training or reliability of its personnel or that of any 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 expressed or implied approval or warranty. 11. No Duty to Inhabitants or Third Parties This Agreement shall not be construed as creating or giving rise to any duties on the part any party toward the inhabitants of the geographical area regularly served by another unit 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 emergency response under this Agreement. Each party shall develop and maintain a communication system, including current inventory of personnel and equipment, which will facilitate the procedures agreed upon. 13. Hazardous Materials Assistance for any emergency involving hazardous materials or hazardous wastes stored at the USCG Support Center, or in the KIB Bayside and Womens Bay Fire Service Areas, will be in accordance with the terms of this agreement. The USCG Support Center will provide a copy of its Hazardous Waste Contingency Plan to the Kodiak Island Borough. This plan will be maintained in a place known and accessible to the Kodiak Island Borough Volunteer Fire Department personnel. Any such plans prepared by the Kodiak Island Borough, or persons within KIB Fire Departments' jurisdiction, 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. 14. Effective Date and Term This Agreement shall become effective immediately upon being approved by the USCG Support Center and the KIB Assembly and shall continue in effect until mutually terminated. UNITED STATES COAST GUARD SUPPORT CENTER, KODIAK Recommended for Approval: Doriald R. Rossiter, Fire Chief USCG Support Center Dated: -7-17--?Y Mutual Fire Aid Agreement Page 4 of 5 rL apt. o s J. Barrett, Commanding Officer USCG Support Center, Kodiak Dated: ?— /5-54 FIRE PROTECTION AREA #1 (BAYSIDE FIRE SERVICE AREA) AND WOMENS BAY FIRE SERVICE AREA Recommend f Approval: Smith,Tire Chief Bayside Volunteer Fire Department Dated: �3 Dale Rice, Fire Chiet Womens B y Vol nteer Fire Department Dated:Ml y -le6bme Selby, Mayor Kodiak Islan Boro Igh Dated: 2 Z a Donna F. Smith, Clerk Kodiak Islano Bo ough Dated: Mutual Fire Aid Agreement Page 5 of 5 Kodiak Island Borough AGENDA STATEMENT Meeting of.- July 7, 1994 ITEM NO. 12.D.5 Contract No. 94-15 MUTUAL AID AGREEMENT BETWEEN THE USCG SUPPORT CENTER KODIAK, FIRE PROTECTION AREA NO. I AND WOMENS BAY SERVICE AREA. The attached Mutual Aid Agreement between the USCG Support Center Kodiak, Fire Protection Area No. 1 and Womens Bay Service Area is an updated version of an earlier agreement which has expired. This new agreement is similar to agreements currently in place between the Borough fire service areas and the City of Kodiak Fire Department and has no set expiration date. All parties to the agreement have reviewed and approved the document. FISCAL NOTES [X] N/A Expenditure Required APPROVAL FOR AGENDA: RECOMMENDED ACTION: Amount Budgeted Approval recommended ID: US, Departmenr of Transportation Lk*W stats Coast Guard AV Major Jerome M. Selby Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615-6340 Daar Mr. Selby: Commanding Ufficer P.O. Boz 195003 U.S. Coast Guard Kodiak, AK Support Center 99619-5000 SS1C UY May 1994 I have reviewed the final version of 6he Mutual Fire Aid Agreement between the Kadiak Bosrough and The Support Centex Fire Department along with our legal depart- ment and we are in agreement. 1 look forward to receiving the final document for signature. If 1 can be of any further assistance, Please feel free to contact me. Thank You for your assistance in developing this agreement. $f.1�erSaY/ , w Don Rossiter �- Support Center, Fire Chief O^TIONA_ FONM 98 V40) FAX TRANSMITTAL .oa-���.► 'oICOP�wIG �Dr<�ut %+ prom l�/J dlo 25 April 1994 Kodiak Island Borough Assembly Jack L. McFarland Presiding officer 710 Mill Bay Road Kodiak, Alaska 99615 Mr. McFarland, The Womens Bay Service Area Board has held a Special Meeting on April 25, 1994 to review and discuss the proposed Mutual Aid Fire Agreement between the Borough Fire Departments and the Coast Guard Fire Department. After reviewing the agreement, the Board has voted to recommend the approval of this agreement as written. Thank you for the opportunity to review and comment on this needed Mutual Aid Agreement. cerelly�,� c David G. Conrad Chairman, Womens Bay Service Area Board. cc: Jerome Selby, Borough Mayor Donna Smith, Borough Clerk RECEIVED MAY 171994 KODIAK ISLAND BOROUGH CLERK'S OFFICE United States Coast Guard 01 September 1994 CITY OF PORT LIONS DEPARTMENT OF PUBLIC SAFETY P.O. BOX 110 PORT LIONS, AK 99550-0110 Dear Mr. Himes: Enclosed is a copy of the Mutual Fire Aid Agreement between the Coast Guard and the Borough. As discussed between the Borough Mayor and myself earlier this month, fire fighting support to Borough villages will be handled under the auspices of this Mutual Aid Agreement. Sincerely, r� J N C. MILLER mmander, U.S. Coast Guard Chief, Facilities Engineering Division By direction of the Commanding Officer Encl: Mutual Fire Aid Agreement Copy: CG MLCPAC(s) CO D17(o) CG Air Station Kodiak c� U.S. Department of Tronsportat(on CommandingCommanding Officer United statcoast GuardRedlek. ton 195039 Alaska 99619 support Center Phone: (907) 487-5720 United States Coast Guard 01 September 1994 CITY OF PORT LIONS DEPARTMENT OF PUBLIC SAFETY P.O. BOX 110 PORT LIONS, AK 99550-0110 Dear Mr. Himes: Enclosed is a copy of the Mutual Fire Aid Agreement between the Coast Guard and the Borough. As discussed between the Borough Mayor and myself earlier this month, fire fighting support to Borough villages will be handled under the auspices of this Mutual Aid Agreement. Sincerely, r� J N C. MILLER mmander, U.S. Coast Guard Chief, Facilities Engineering Division By direction of the Commanding Officer Encl: Mutual Fire Aid Agreement Copy: CG MLCPAC(s) CO D17(o) CG Air Station Kodiak