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Home My WebLink AboutC2012-199 - 6/14/2012 - NADEPARTMENT OF THE NAVY NAVAL AIR STATION 11001 D STREET SUITE 101 CORPUS CHRISTI, TX 78419 -5021 11320 40 ` Ser N00/ ? P VAT " MUTUAL AID AGREEMENT BETWEEN COMMANDING OFFICER, NAVAL AIR STATION CORPUS CHRISTI CORPUS CHRISTI, TEXAS AND CITY OF CORPUS CHRISTI INTERNATIONAL, AIRPORT CORPUS CHRISTI, TEXAS FOR THE PROVISION OF FIRE FIGHTING ASSISTANCE ( MA 00216- 2012- 02 - 10) Subj: MUTUAL AID AGREEMENT MA 00216- 2012 -02 -10 -CITY OF CORPUS CHRISTI INT'L AIRPORT I. THIS MUTUAL AID AGREEMENT and entered into this the !9 Commanding Officer, Naval Air (hereinafter referred to as N, International Airport, Corpus to as CCIA) for the provision (herein ter, the "Agreement ") is made day of 20 17- by and between the station rorpus Christi (NASCC), USA �SCC), and the City of Corpus Christi Christi, TX, USA, (hereinafter, referred of firefighting assistance. 2- WITNESSETH. a. WHEREAS, each of the Parties hereto maintains equipment and personnel for the suppression of fires and response to hazardous materials incidents occurring within areas under their respective jurisdictions, and; b. "WHEREAS, each of the Parties hereto maintains equipment and personnel for the protection of life and property from fire to include basic medical support, basic and advanced life support, special rescue events involving vehicular and water mishaps; and trench, building, and confined space extractions, and; C. WHEREAS, the Parties hereto desire to augment the fire protection and hazardous material response capabilities available in their respective jurisdictions by entering into this Agreement, and; d. WHEREAS, the lands or districts comprising the respective jurisdictions of the Parties are adjacent or contiguous to one another such that the rendering of mutual assistance between the Parties in response to a fire or hazardous material incident is feasible, and; e. WHEREAS, it is the policy of the Department of the Navy and the Commanding Officer, NASCC, to enter into Mutual Aid Agreements (MAA) with non - Federal Fire Departments located in the vicinity of a Naval installation, whenever practicable, and; f- WHEREAS, the Parties have mutually concluded that it is desirable, practicable, and beneficial for the Parties to enter into this Agreement to memorialize their willingness and ability to render 2012 -199 6114112 INDEXED Department of Navv Subj: MUTUAL AID AGREEMENT MA 00216 - 2012 -02 -10 -CITY OF CORPUS CHRISTI INT'L AIRPORT assistance to one another, in order to enhance the safety and security of the civilian community and of NASCC and its outlying installations and facilities. 3. NOW, THEREFORE, BE IT AGREED THAT. a. Pursuant to 42 U.S.C. §1856a, DODI-6055.06, and OPNAVINST 11320.23F, the Parties enter into a MAA to provide personnel and equipment required for fire prevention; the protection of life and property from. tire; fire fighting and suppression to include emergency services, including basic medical support, basic and advanced life support; hazardous material containment and confinement; and special rescue events involving vehicular and water mishaps; and trench, building, and confined space extractions_ b. The senior officer of a Fire Department belonging to a Party to this Agreement, or the senior officer of such Fire Department actually present at a fire or hazardous material incident, may request fire fighting assistance under the terms of this Agreement from the other Party's Fire Department, whenever he /she deems it necessary to make such a request. C. The requesting and rendering of assistance from one Party to the other under the terms of this Agreement shall be accomplished in accordance with detailed operational plans and procedures, which shall be developed by each of the Parties. The technical heads of each Party's Fire Departments shall work together to implement such plans and procedures in a manner compatible with the operational authorities of each. In the absence of more specific procedures, the Parties will generally proceed as follows: (1) The senior officer on duty.of the Fire Department receiving a request for assistance shall take the following actions: (a) Immediately determine if the requested- apparatus and personnel are available to respond to the call for assistance. (b) In accordance with the terms of this Agreement, forthwith dispatch such apparatus and personnel, along with instructions as to their mission, use and deployment, in quantities and amounts as in the judgment of the senior officer receiving the call can be provided to the requesting Fire Department without jeopardizing the mission of the Fire Department providing such resources. (2) The senior officer of the Fire Department requesting assistance shall normally assume full charge of the operations at the scene of the fire or other emergency. However, under procedures agreed to by the technical heads of the Fire Departments involved, a 7 Subj: MUTUAL AID AGREEMENT MA 00215- 2012 -02 -10 -CITY OF CORPUS CHRISTI INT'L AIRPORT senior officer of the Fire Department furnishing the assistance may assume responsibility for the coordination of the overall operations at the scene of the fire or other emergency. d. The rendering of assistance under the terms of this Agreement shall not be mandatory_ (1) The Party receiving a request for assistance shall endeavor to immediately inform the requesting Party if the requested assistance cannot be provided and, if assistance can be provided, the quantity of such resources as may be dispatched in response to such request. (2) Neither Party shall hold the other Party liable or.at fault for failing to respond to any request for assistance or for failing to respond to such a request in a timely manner or with less than optimum equipment and /or personnel, with the understanding of both Parties that each is primarily and ultimately responsible for the provision of fire suppression and hazardous material incident response needed within their own jurisdictions. e_ The officers and personnel of the Fire Departments of the Parties to this Agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's activities for guided familiarization tours (consistent with local security requirements) and, .as feasible, to jointly conduct pre -fire planning inspections, drills and training. f. Each Party hereby agrees that the general intent with respect to the rendering of assistance under this Agreement is not to seek reimbursement from the Party requesting such assistance. Exceptions to this understanding would apply in the event of lost or damaged equipment, substantial amounts of supplies expended that directly related to support provided under this MAA, or other significant costs incurred that exceed originally available funding as demonstrated by documentary proof of unprogramed /unbudgeted /unforecasted outlays and expenditures that were directly related to support provided under this MAA_ (1) Under the authority of 15 U.S.C. 52210 and 44 C_F.R §151, CCIA is permitted to seek reimbursement for direct expenses and losses (defined as additional firefighting costs over normal operational costs) incurred in fighting fires on property under the jurisdiction of the United States. (2) Under the authority of 42 U.S.C. §1856a, either Party may seek reimbursement from the other for the costs incurred by it in providing services to the other Party in response to a request for assistance. 3 Subj: MUTUAL AID AGREEMENT MA 00216- 2012 -02 -10 -CITY OF CORPUS CHRISTI INT'L AIRPORT g. As required by Federal law as a condition precedent to entering into this Agreement, the Parties hereby waive all claims against the other Party for compensation of any loss, damage, personal injury, or death occurring in consequence of the performance of this Agreement. h. Independent of, and in addition to, any provisions of this Agreement, NASCC is authorized and has the discretion to render disaster relief or emergency assistance to preserve life and property in the vicinity of a DOD installation, when in the opinion of the installation commander, the assistance is in the best interest of the United States (42 U.S.C. § §5121 -5206; DOD 3025.1 -M). 4. TRAINING. a_ Whenever either Party hosts fire protection training for its own Fire Department ( "Host Department") it may, to the maximum extent practicable and subject to its sole discretion, offer to provide the same training to members of the other Party ('Guest Department "). b. The Host Department will not charge the Guest Department for any training provided under the terms of this Agreement, unless it is a cost that cannot be covered by the Host Department such as, cost per student or cost of a certificate. Further, any such training will be provided on a space available basis only. C. The Guest Department and /or its members will be solely responsible for the payment of any and all costs necessary for the Guest Department personnel to attend any training provided by the Host Department ,including, but not limited to, lodging, meals and travel. d. This Agreement is entered into voluntarily by both Parties with no obligation on the part of either to provide such training to the other or, if such training is offered to the other Party, to participate in such training. e'. The Guest Department is responsible for ensuring that its members observe all rules, regulations, and guidelines established by the Host Department for training provided by the Host Department, as such rules, regulations and guidelines are made known to the Guest Department. Neither Party shall hold the other Party liable or at fault for damage or injury incurred during joint training activities. f. The Host Department reserves the right to deny training to any member of the Guest Department who does not meet the prerequisites necessary to attend.the training which is offered by the Host Department under the terms of this Agreement. 4 Subj: MUTUAL AID AGREEMENT MA 00216- 2012 -02 -10 -CITY OF CORPUS CHRISTI INT'L AIRPORT 5. EXECUTION. a. This Agreement shall become effective upon the date annotated above, and shall remain in full force and effect until cancelled by mutual agreement of the Parties, or upon the provision of at least sixty (60) days advance written notice from the Party desiring to terminate this Agreement to the other Party. Upon becoming effective, this Agreement shall supersede all previous agreements between. the Parties concerning the rendering of assistance from one to the other for the purposes stated in this Agreement. b. IN WITNESS WHEREOF, this agreement is executed by NASCC and CCIA, with each respective governmental entity acting by and through its authorized representatives in the manner required by each respective Charter or Federal Regulation, or otherwise as required by law, on the date of the last signature herein. NAVAL AIR STATION CORPUS CHRISTI CORPUS CHRISTI INTERNATIONAL RA D. M. EDGEtOMB, CAPT, U.S. NAVY COMMANDING OFFICER DATE-_ IV\ AV C:� I-- MORR IS, CIV FIRE CHIEF FRED SESUND DIRECTOR OF AVIATION DATE t iAY / ?, / c t L DATE: / g o t Z JOHN HYL z ND FIRE CHIEF DATE: a ` / Q / 4 6 / Z- 5 DATE: _TLIRt / I L [ / Q C11 a