MEMORANDUM To: Airport Committee From: Tony ... - City of Bangor
MEMORANDUM To: Airport Committee From: Tony ... - City of Bangor
MEMORANDUM To: Airport Committee From: Tony ... - City of Bangor
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<strong>MEMORANDUM</strong><br />
<strong>To</strong>: <strong>Airport</strong> <strong>Committee</strong><br />
<strong>From</strong>: <strong>To</strong>ny Caruso, <strong>Airport</strong> Director<br />
CC: Cathy Conlow, <strong>City</strong> Manager<br />
Janet Shifflett, <strong>Airport</strong> Finance Manager<br />
Re: Maine Highlands lease<br />
Date: May 5, 2013<br />
Attached, the <strong>Airport</strong> <strong>Committee</strong> will find a copy <strong>of</strong> a lease agreement between the Maine<br />
Highlands and the <strong>City</strong> <strong>of</strong> <strong>Bangor</strong>. This is a renewal agreement and outlines a one (1) year term<br />
for leasing <strong>of</strong>fice space, approximately 203 square feet, within the General Aviation terminal<br />
located at <strong>Bangor</strong> International <strong>Airport</strong>. This lease will commence June 1, 2013 and terminate<br />
on May 31, 2014, with the lease rate established at $235 per month which includes utility costs.<br />
This renewal also includes two (2), one-year renewals.<br />
As the <strong>Airport</strong> <strong>Committee</strong> is aware, the Maine Highlands is part <strong>of</strong> the Maine <strong>To</strong>urism Marketing<br />
Partnership Program (MTMPP) which is the creation and implementation <strong>of</strong> programs designed<br />
to stimulate and expand the travel industry within Maine's tourism regions. It also strengthens<br />
the State's image by coordinating the promotional efforts <strong>of</strong> the private sector with those <strong>of</strong> the<br />
Office <strong>of</strong> <strong>To</strong>urism. This group also works to support the development <strong>of</strong> special major events<br />
which will attract visitors to the State.<br />
The Maine Highlands started this lease with the airport last year as it was forced to vacate their<br />
previous premises. This lease agreement has been reviewed and approved by <strong>City</strong> Legal. The<br />
<strong>Airport</strong> respectfully submits this amendment for <strong>Airport</strong> <strong>Committee</strong> review and recommends<br />
approval.
<strong>MEMORANDUM</strong><br />
<strong>To</strong>: <strong>Airport</strong> <strong>Committee</strong><br />
<strong>From</strong>: <strong>To</strong>ny Caruso, <strong>Airport</strong> Director<br />
CC: Cathy Conlow, <strong>City</strong> Manager<br />
Re: Update – upgrades to airport terminal<br />
Date: May 6, 2013<br />
During the April 9, 2013 <strong>Airport</strong> <strong>Committee</strong> meeting, several <strong>Committee</strong> members requested<br />
periodic updates on the airport’s Domestic terminal upgrade project and other renovations. The<br />
airport is proceeding forward with the Domestic terminal upgrade project, as approved by the<br />
<strong>Airport</strong> <strong>Committee</strong> following 30% design completion. <strong>Airport</strong> staff will bring forward a design<br />
once this process is further along.<br />
<strong>Airport</strong> staff has also been working with Concessionaires to improve the look and aesthetics <strong>of</strong><br />
several areas within the terminal. One <strong>of</strong> those areas is the airport’s restaurant. The airport,<br />
with help from this vendor, have started improve this area. A brief list <strong>of</strong> improvements includes<br />
painting, fixing ceiling tiles, improving the façade, replacing old windows and removing the old<br />
tray counter. Also, we are determining options to improve the lighting.<br />
As part <strong>of</strong> the airport’s goal to improve aesthetics, we are also completing some outdoor<br />
improvements. These include beautifying the airport grounds arriving in to and departing<br />
Godfrey Boulevard. We are also working with other <strong>City</strong> departments to install an airport sign<br />
on the new round-a-bout at the entrance <strong>of</strong> the airport by the intersection <strong>of</strong> Godfrey and<br />
Maine Avenue.<br />
We look forward to discussing this information with you at our next <strong>Committee</strong> meeting.
Federal Aviation<br />
Administration<br />
National Part 139 CertAlert<br />
**Advisory**Cautionary**Non-Directive**Advisory**Cautionary**Non-Directive**Advisory**Cautionary**Non-Directive**<br />
DATE: 7/13/2012 No. 12-05<br />
TO:<br />
Subj:<br />
Joint Use <strong>Airport</strong> Operators where the Department <strong>of</strong> Defense (DoD)<br />
provides primary Aircraft Rescue Firefighting (ARFF) services, FAA<br />
<strong>Airport</strong> Certification Safety Inspectors (ACSIs)<br />
FAA safety inspections <strong>of</strong> Joint Use <strong>Airport</strong> (JUA) facilities<br />
using Standard Operating Procedure (SOP) for determining<br />
ARFF compliance with Part 139 requirements<br />
Point <strong>of</strong> Contact: Bruce Landry, AAS-300, (202) 267-8729<br />
Email: Bruce.Landry@faa.gov<br />
1. Purpose. This CertAlert notifies JUA Operators that the FAA and DoD have agreed on<br />
procedures that FAA inspectors will use at airports where DoD provides ARFF services.<br />
2. Background. These procedures are necessary because DoD policy and Federal statute do<br />
not permit the FAA to inspect DoD controlled airfields or military ARFF facilities, equipment,<br />
and records at airports where the DoD provides ARFF services for civil Part 139 airports.<br />
<strong>Airport</strong> operators must comply with each section <strong>of</strong> Part 139. Although the ARFF unit provides<br />
the ARFF services, the civil airport operator is responsible for ensuring compliance with Part<br />
139 ARRF requirements.<br />
<strong>To</strong> help the airport operator show the FAA it meets these Part 139 requirements, the DoD and<br />
FAA have developed a process to assure the civil airport operator that the military ARFF<br />
services meet or exceed DoD and National Fire Protection Association standards. <strong>To</strong> develop<br />
these procedures, the DoD provided the FAA with its ARFF standards, training, and inspection<br />
procedures for review. The FAA determined those standards and procedures are equivalent to<br />
the ARFF requirements in Part 139.<br />
Under the agreed-upon procedures, airport operators will receive documentation from DoD<br />
ARFF providers every January. In addition to the annual documentation, civil airport operators<br />
will also request that their DoD ARFF providers update this information prior to the civil<br />
operator’s annual FAA safety inspection. The civil airport operator must provide this<br />
documentation to the FAA ACSI during the annual Part 139 inspection to demonstrate<br />
compliance with the ARFF requirements.<br />
Part 139 CertAlert 12-05: DoD ARFF Services 1<br />
at Joint Use <strong>Airport</strong>s
The data provided will include:<br />
<br />
<br />
<br />
<br />
<br />
A summary <strong>of</strong> the last annual self-inspection. This will focus on the ARFF<br />
requirements under Part 139.<br />
The date and result <strong>of</strong> the last major outside inspection (i.e., Major command, staff,<br />
Inspector General, or Center for Public Safety Excellence).<br />
An ARFF vehicle report that lists at least the type and status <strong>of</strong> all ARFF vehicles<br />
needed to satisfy the Part 139 requirements, but may list all ARFF vehicles.<br />
A summary <strong>of</strong> training dates for specific items required under Part 139. This<br />
summary may be produced electronically from automated systems or prepared<br />
manually using a spreadsheet.<br />
Additional information in accordance with the attached SOP.<br />
The FAA inspectors will review the documents provided for completeness and work with the<br />
civil airport operator to resolve any issue or concerns.<br />
FAA inspectors will coordinate with the civil airport operator and not the DoD provider. All<br />
communication about ARFF services are between the DoD provider and the civil airport<br />
operator.<br />
The FAA inspectors will not inspect DoD vehicles, equipment, or facilities, nor will they<br />
conduct timed drills.<br />
3. Effective Date: These procedures are effective on July 10, 2012.<br />
4. Enclosure: DoD Memorandum dated April 3, 2012 and ARFF Inspection SOP<br />
______________________________ 7/13/2012<br />
Michael J. O'Donnell, Director<br />
Date<br />
<strong>Airport</strong> Safety and Standards, AAS-1<br />
Part 139 CertAlert 12-05: DoD ARFF Services 2<br />
at Joint Use <strong>Airport</strong>s
Part 139 CertAlert 12-05: DoD ARFF Services 3<br />
at Joint Use <strong>Airport</strong>s
Part 139 CertAlert 12-05: DoD ARFF Services 4<br />
at Joint Use <strong>Airport</strong>s
Part 139 CertAlert 12-05: DoD ARFF Services 5<br />
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<strong>Airport</strong> Rescue and Fire Fighting (ARFF) Services Supplied by the<br />
Department <strong>of</strong> Defense (DoD) and Civil <strong>Airport</strong> Operators<br />
1. Introduction: Certificated airport operators must comply with all aspects <strong>of</strong> 14 CFR, Part<br />
139. This document provides the procedures for Federal Aviation Administration (FAA)<br />
inspectors to determine whether a Part 139 civil airport operator is meeting Part 139 ARFF<br />
requirements at an airport where ARFF services are provided by the DoD.<br />
2. DoD/FAA Agreement: The FAA determined that DoD ARFF standards are equivalent to or<br />
exceed Part 139 requirements. The DoD will provide the civil airport operator (certificate<br />
holder) a package <strong>of</strong> standard documents that validate the DoD meets its ARFF requirements.<br />
3. FAA Inspections: The civil airport operator will give FAA inspectors the completed<br />
documentation provided by the DoD. This documentation will include the items required to<br />
satisfy the ARFF portion <strong>of</strong> Part 139. Inspectors will review the standard package for<br />
completeness and work with the civil airport operator to resolve any issues or questions.<br />
3.1. FAA inspectors will coordinate with the civil airport operator, not the DoD. The civil<br />
airport operator will interface with their ARFF provider. All communications regarding DoD<br />
ARFF services are between the DoD provider and the civil airport operator.<br />
3.1.2. No direct communication occurs between the DoD provider and FAA inspectors. FAA<br />
inspectors will not inspect DoD vehicles, equipment, or facilities and will not conduct timed<br />
response drills.<br />
4. Due Diligence: The civil airport operator must provide evidence that they meet Part 139<br />
regulatory standards. In order for the civil airport operator to demonstrate that the airport meets<br />
Part 139 ARFF requirements, the DoD Fire Chief will send a memorandum (Appendix A) to the<br />
civil airport operator showing that the DoD fire department meets DoD standards that affect the<br />
ARFF services provided to the civil airport. The local DoD Fire Chief will provide this<br />
memorandum to the civil airport operator in January <strong>of</strong> each calendar year and as requested by<br />
the civil airport operator prior to their annual FAA Part 139 inspection. The memo will include<br />
the following elements:<br />
4.1. Introductory Paragraph: An introductory paragraph stating that the local fire department<br />
meets DoD ARFF requirements.<br />
4.2. Include the following documentation as attachments to the memorandum:<br />
4.2.1. Civil <strong>Airport</strong> ARFF Operations Checklist. An example is provided at Appendix A,<br />
Attachment 1.<br />
4.2.2. External Inspection. The date <strong>of</strong> the last major external inspection (Major Command<br />
(MAJCOM) staff, Inspector General or Center for Public Safety Excellence). The frequency <strong>of</strong><br />
external inspections may vary but is normally conducted at three to five year intervals.<br />
Part 139 CertAlert 12-05: DoD ARFF Services 6<br />
at Joint Use <strong>Airport</strong>s
EXPLANATION: Each DoD ARFF facility is inspected by external organizations to validate<br />
compliance with standards. Inspection can be by a MAJCOM staff, the Inspector General or<br />
another <strong>of</strong>ficial external source. Accreditation by the Center for Public Safety Excellence also<br />
serves as pro<strong>of</strong> <strong>of</strong> compliance with standards.<br />
The memo will identify the external organization conducting the inspection and the date. If the<br />
external inspection results in ARFF related discrepancies, the DoD Fire Chief will inform the<br />
civil airport operator and explain how the discrepancies were resolved. DoD will not provide the<br />
actual inspection documents since they are for Official Use Only.<br />
4.2.3. ARFF Vehicle Report. Provide ARFF vehicle information using the format at Appendix<br />
A, Attachment 2.<br />
EXPLANATION: This report is provided by the DoD Fire Chief to the civil airport operator in<br />
January <strong>of</strong> each year. The report may list all assigned ARFF vehicles or only those required to<br />
satisfy Part 139 requirements. The civil airport operator determines the appropriate action<br />
necessary when a vehicle’s status changes. The DoD Fire Chief and the airport operator develop<br />
procedures for the DoD Fire Chief to inform the civil airport operator when an ARFF vehicle is<br />
not available.<br />
DoD ARFF vehicles may incorporate ultra high pressure (UHP) fire fighting technology. UHP<br />
increases the effectiveness <strong>of</strong> AFFF agent by a factor <strong>of</strong> 3.5. For vehicles less than 1500 gallons<br />
capacity, FAA inspectors will use the equivalent capacity determined by multiplying the actual<br />
gallons times 3.5. The equivalent capacity <strong>of</strong> turrets is also determined by multiplying the actual<br />
discharge capacity times 3.5. These vehicles meet DoD standards.<br />
EXAMPLE: A 500 gallon UHP ARFF vehicle with a 60 GPM turret has an effective capacity<br />
<strong>of</strong> a 1750 ARFF vehicle and a 227 GPM turret using conventional pressures.<br />
4.2.4. DoD ARFF Training Summary. Provide a summary <strong>of</strong> training dates for the subjects<br />
listed at Appendix A, Attachment 3. The report may be electronically produced from automated<br />
systems or manually prepared using the spreadsheet similar to what is shown in Appendix A,<br />
Attachment 3.<br />
EXPLANATION: The DoD Fire Chief will provide summary <strong>of</strong> training dates for firefighters.<br />
The number <strong>of</strong> firefighters in the report will be limited to the number required for the airport<br />
index regardless <strong>of</strong> the actual number <strong>of</strong> firefighters that routinely respond to civil aircraft<br />
emergencies. DoD firefighters are transitory due to frequent rotation and deployments;<br />
therefore, inspectors should expect to see different firefighter names and information from year<br />
to year.<br />
FAA Inspectors will accept the DoD ARFF Training Summary provided to the civil airport<br />
operator to document that DoD firefighters satisfied DoD training standards. This attachment<br />
shows the full name <strong>of</strong> the firefighter, the areas <strong>of</strong> required training related to ARFF and the last<br />
date the training was completed. FAA inspectors will ensure the dates for the listed training are<br />
within the last 12 calendar months (training due in a month can be conducted anytime during the<br />
Part 139 CertAlert 12-05: DoD ARFF Services 7<br />
at Joint Use <strong>Airport</strong>s
month). Due to the transient nature <strong>of</strong> DoD firefighters, FAA inspectors will not request 24<br />
months <strong>of</strong> training data.<br />
In the last column <strong>of</strong> Training Summary, indicate whether the listed firefighters are required to<br />
meet the civil airport’s Index. <strong>To</strong> determine the Index requirement, multiply the number <strong>of</strong><br />
vehicles in the ARFF Vehicle report times 2.65 (round up). When an individual has not<br />
completed all the required training within 12 consecutive months, list another individual that has<br />
completed the training and select “no” for this column. The goal is to always provide enough<br />
trained personnel on the list to satisfy the Part 139 requirements.<br />
5. Resolving Deficiencies: If training discrepancies exist, the FAA inspector will ask the civil<br />
airport operator for a detailed training report on the subject and/or individual, when a<br />
discrepancy is identified. All requests for additional information will be made through the civil<br />
airport operator. The DoD will respond to the request by the civil airport operator in a timely<br />
manner not to exceed 8 normal business hours.<br />
6. Unresolved Deficiencies: If discrepancies result in non-compliance with Part 139, the FAA<br />
inspector will take appropriate action against the civil airport operator to address the noncompliance<br />
in accordance with the FAA Compliance and Enforcement Order and the <strong>Airport</strong><br />
Certification Handbook.<br />
Part 139 CertAlert 12-05: DoD ARFF Services 8<br />
at Joint Use <strong>Airport</strong>s
APPENDIX A<br />
Official Memorandum with:<br />
Attachment 1 - Civil <strong>Airport</strong> ARFF Operations Checklist<br />
Attachment 2 - Example ARFF Vehicle Report<br />
Attachment 3 - DoD ARFF Training Summary<br />
Part 139 CertAlert 12-05: DoD ARFF Services 9<br />
at Joint Use <strong>Airport</strong>s
Official Letterhead<br />
(INSERT DATE)<br />
<strong>MEMORANDUM</strong> FOR (INSERT NAME OF CIVIL AIRPORT MANAGER)<br />
FROM: (INSERT OFFICE SYMBOL OF NEXT LEVEL ABOVE FIRE CHIEF)<br />
SUBJECT: Certification <strong>of</strong> Department <strong>of</strong> Defense (DoD) Aircraft Rescue and Fire Fighting (ARFF) Capability<br />
1. This memorandum is provided to document that the (INSERT NAME OF AFB FIRE DEPARTMENT) meets<br />
requirements for all ARFF in accordance with DoDI 6055.06, Fire & Emergency Services Program.<br />
2. The following documentation is provided to substantiate ARFF training and vehicle response capability:<br />
a. Completed Civil <strong>Airport</strong> ARFF Operations Checklist (Attachment 1):<br />
DATE: _________________________<br />
b. Date and overall rating <strong>of</strong> last external inspection:<br />
DATE: ______________________<br />
INSPECTING AGENCY: ________________________________________________<br />
EXPLAIN THE CORRECTIVE ACTIONS TAKEN FOR ANY IDENTIFIED DEFICIENCIES THAT<br />
AFFECT ARFF CAPABILITY AVAILABLE TO RESPOND TO CIVIL AIRCRAFT<br />
EMERGENCIES:_________________________________________________________________________<br />
_______________________________________________________________________<br />
Note: Inspection reports are for <strong>of</strong>ficial use only; a copy or the report cannot be provided.<br />
c. ARFF Vehicle Report (Attachment 2).<br />
d. DoD ARFF Training Summary for DoD firefighters assigned to Civil ARFF duties (Attachment 3).<br />
e. Average response time to aircraft emergencies for the previous 90 days.<br />
For the period __________ to ___________ the average response time to ARFF emergencies was______ and<br />
compliant with DoD requirements.<br />
3. I certify the (INSERT NAME OF DoD FIRE DEPARTMENT) meets all DoD ARFF requirements. If you have<br />
any questions, please contact Chief (FIRE CHIEF’S NAME) at (INSERT COMMERCIAL TELEPHONE<br />
NUMBER).<br />
Attachments:<br />
1. Civil <strong>Airport</strong> ARFF Operations Checklist<br />
2. ARFF Vehicle Report<br />
3. DoD ARFF Training Summary<br />
Fire Chief’s Supervisor Signature Block<br />
Part 139 CertAlert 12-05: DoD ARFF Services 10<br />
at Joint Use <strong>Airport</strong>s
ATTACHMENT 1 – CIVIL AIRPORT ARFF OPERATIONS CHECKLIST<br />
FAA Checklist.xlsx<br />
§ 139<br />
Department <strong>of</strong> Defense Fire and Emergency Services<br />
Civil <strong>Airport</strong> ARFF Operations Checklist<br />
Reference<br />
Inspection Requirements Met<br />
319(a) ARFF CAPABILITY MEETING INDEX PROVIDED DURING ACR OPNS<br />
The DoD F&ES organizations provides the ARFF Vehicle Report which identifies the DoD vehicles assigned above<br />
the normal <strong>Airport</strong> Index requirement. The certificate holder uses this information to determine the Index the<br />
F&ES organization can meet.<br />
319(b) ARFF REQUIREMENTS MET FOR INCREASE IN INDEX<br />
The DoD F&ES fire chief provides the ARFF Vehicle Report which identifies the DoD vehicles that will respond to<br />
civil aircraft emergencies and their capability. The certificate holder uses this information to determine the Index<br />
the DoD F&ES organization can support.<br />
319(c) & (d) REDUCTION IN ARFF INDEX MEETS CONDITIONS<br />
The DoD F&ES fire chief notifies the certificate holder when any changes occur to the vehicles in the ARFF Vehicle<br />
Report. The certificate holder takes any action required when ARFF capability drop below the requirements<br />
required to meet the <strong>Airport</strong> Index.<br />
319(e) VEHICLE COMMUNICATION IN REQUIRED VEHICLES<br />
The DoD F&ES organizations provides all emergency communication and equipment to comply with NFPA 1221,<br />
Standard for the Installation, Maintenance, and Use <strong>of</strong> Emergency Services Communications Systems, to include the<br />
use <strong>of</strong> two-way communication between ARFF vehicles and other required Airfield Operations.<br />
319(f) VEHICHLE MARKING AND LIGHTING<br />
NON APPLICABLE. DOD VEHICLES ARE NOT PURCHASED WITH AIP FUNDS<br />
319(g) VEHICHLE READINESS<br />
Each vehicle required under <strong>Airport</strong> Index must be maintained and be operational during all air carrier<br />
operations. The vehicle status' are provided in the ARFF Vehicle Report (Attachment 2)<br />
319(h) RESPONSE DRILL<br />
NO RESPONSE EXERCISE WILL BE CONDUCTED. The FAA has accepted the Response Time criteria in DODI 6055.06<br />
as being equivalent to Part 139 requirements. DoD F&ES will demonstrate compliance with DoD response time<br />
standards by providing a response time report annually (Jan) and prior to each FAA inspection, containing the<br />
ARFF response time for the previous 90-days. An example <strong>of</strong> this report is at Attachment 4).<br />
319(i)1 PERSONNEL PROPERLY EQUIPPED<br />
DoD requires that all rescue and firefighting personnel are equipped in a manner authorized by the DoD with<br />
protective clothing and equipment needed to perform their duties. These requirements are based on National<br />
Fire Protection Association standards.<br />
319(i)2 PERSONNEL PROPERLY TRAINED<br />
All rescue and firefighting personnel required by Aiport Index are properly trained to perform their duties. DoD<br />
F&ES will provide a DOD ARFF Training Summary (example at Attachment 3) with the last date <strong>of</strong> training for each<br />
subject. This report is limited to only those personnel required for the Index, which is usually significantly fewer<br />
than the total DoD firefighters assigned.<br />
319(i)3 LIVE-FIRE DRILL EVERY 12 CONSECUTIVE CALENDAR MONTHS (CCM) FOR ALL PERSONNEL<br />
Verified by ensuring the training in the DOD ARFF Training Summary (Attachment 3) for firefighters was provided<br />
within the previous 12 CCM. FAA inspections will not ask for additional training data when the training dates on<br />
the DoD ARFF Training Summary are within 12 CCM.<br />
319(i)4 PERSONNEL TRAINED AND CURRENT IN BASIC EMERGENCY MEDICAL CARE PROVIDED FOR ACR OPNS<br />
Verified by information in the DOD ARFF Training Summary (Attachment 3) for firefighters required by <strong>Airport</strong><br />
Index.<br />
319(i)5 RECORD OF TRAINING FOR 24 CCM<br />
Verified by ensuring the training in the DOD ARFF Training Summary (Attachment 3) for firefighters was provided<br />
within the previous 12 CCM. If descrepancies exist, the FAA inspector may request additional information.<br />
319(i)6 SUFFICIENT PERSONNEL TO MEET REQUIREMENTS<br />
Sufficient rescue and firefighting personnel are available during all air carrier operations to operate the vehicles,<br />
meet the response times, and meet the minimum agent discharge rates required by § 139.317 (<strong>Airport</strong> Index).<br />
These requirements are normally satisfied when one trained firefighter for each required ARFF vehicle is<br />
319(i)7available.<br />
ALERTING PROCEDURES/EQUIPMENT REQUIREMENTS<br />
Procedures and equipment are established and maintained for alerting rescue and firefighting personnel by siren,<br />
alarm, or other means authorized by the DoD to any existing or impending emergency requiring their assistance.<br />
YES<br />
YES<br />
YES<br />
YES<br />
N/A<br />
YES<br />
YES<br />
YES<br />
YES<br />
YES<br />
YES<br />
YES<br />
YES<br />
YES<br />
319(j) HAZARDOUS MATERIALS GUIDANCE AVAILABLE<br />
Each aircraft rescue and firefighting vehicle responding to an emergency on the airport must be equipped with, or<br />
have available through a direct communications link, the "North American Emergency Response Guidebook"<br />
published by the U.S. Department <strong>of</strong> Transportation.<br />
319(k) EMERGENCY ACCESS ROADS MAINTAINED<br />
NON APPLICABLE IF PAVEMENT IS OWNED BY DOD. TO BE ADDRESSED IN FUTURE DOD/FAA AGREEMENTS.<br />
YES<br />
N/A<br />
Part 139 CertAlert 12-05: DoD ARFF Services 11<br />
at Joint Use <strong>Airport</strong>s
ATTACHMENT 2 – EXAMPLE ARFF VEHICLE REPORT<br />
DOD ARFF Vehicle Information<br />
Call<br />
Sign<br />
Model<br />
Year<br />
Manufacturer<br />
Model<br />
(Type)<br />
Vehicle<br />
Status<br />
Water<br />
Capacity<br />
ARFF Vehicle<br />
Report.xlsx<br />
AFFF<br />
Capacity<br />
AFFF<br />
Concentration<br />
%<br />
<strong>Airport</strong>:<br />
Dry Chemical<br />
Type<br />
Dry Chemical<br />
Capacity<br />
Maximum<br />
Primary Turret<br />
Discharge Rate<br />
Crash 5 2006 OshKosh P-23 In Service 3000 500 3 Potassium-Based 500 1200 gpm<br />
Crash 6 1985 OshKosh P-19 In Service 1000 130 3 Potassium-Based 500 1000 gpm<br />
Crash 7 2010 OshKosh P-19 In Service 1500 55 3 Sodium-Based 250 500 gpm<br />
Summary:<br />
Number <strong>of</strong> Vehicles:<br />
<strong>To</strong>tal Water Capacity:<br />
<strong>To</strong>tal AFFF Capacity:<br />
<strong>To</strong>tal Dry Chemical Capacity:<br />
3 Vehicle(s)<br />
5500 Gallons<br />
685 Gallons<br />
1250 Pounds<br />
Part 139 CertAlert 12-05: DoD ARFF Services 12<br />
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ATTACHMENT 3 – DoD ARFF TRAINING SUMMARY<br />
DOD ARFF Training<br />
Summary.xlsx<br />
ARFF Personnel<br />
Training Summary<br />
<strong>Airport</strong> Firefighter<br />
Certifcation Number<br />
Initial Live Fire Training (prior to assignment to<br />
ARFF duties)<br />
1. <strong>Airport</strong> Familiarization, including<br />
marking, lighting, and signs<br />
2. Aircraft Familiarization<br />
(Civil Aircraft)<br />
3. Emergency Communications<br />
4. Personnel Safety<br />
5. ARFF Equipment, Hoses, Nozzles, Turrets<br />
and Agents<br />
6. Aircraft Cargo Hazards<br />
7. <strong>Airport</strong> Emergency Plan Duties<br />
8. Emergency Aircraft Evacuation<br />
9. Pedestrians and ground vehicles<br />
operations<br />
10. Adapting Structural for ARFF<br />
11. Firefighting Operations<br />
12. Live Fire Training<br />
13. Basic Emergency Medical<br />
Airpot Index required<br />
Name:<br />
Dates<br />
Y/N<br />
Smith John 102657 17-Mar-97 1-Jan-11 2-Feb-11 1-Jan-11 14-Mar-11 31-May-11 5-Jun-11 24-Jun-11 2-Feb-11 1-Jan-11 7-Jun-11 6-Apr-11 3-Mar-11 12-Dec-10 Yes<br />
Seaman, Thomas 132984 23-Jun-87 15-Feb-11 13-Mar-11 15-Feb-11 14-Mar-11 31-May-11 5-Jun-11 24-Jun-11 13-Mar-11 15-Feb-11 9-Jun-11 8-Apr-11 3-Sep-10 12-Dec-10 Yes<br />
Ogletree, John 99623 23-Nov-07 15-Mar-11 3-Apr-11 15-Mar-11 14-Mar-11 29-May-11 7-Jun-11 24-Jun-11 3-Apr-11 15-Mar-11 7-Jun-11 4-Mar-11 3-Mar-11 12-Dec-10 Yes<br />
Rivera, Joseph 87445 14-Nov-95 16-Dec-10 7-May-11 16-Dec-10 14-Mar-11 29-May-11 9-Jun-11 24-Jun-11 7-May-11 16-Dec-10 13-May-11 23-Feb-11 3-Sep-11 12-Dec-10 Yes<br />
Matlock, Kevin 100012 16-Apr-03 13-Nov-10 14-Jun-11 13-Nov-10 14-Mar-11 31-May-11 3-May-11 24-Jun-11 14-Jun-11 13-Nov-10 13-May-11 31-Jan-11 3-Mar-11 12-Dec-10 Yes<br />
Read, Kieth 96543 7-Jul-05 14-Oct-09 8-Aug-09 14-Oct-09 14-Mar-11 16-Jun-10 7-Jan-10 24-Jun-11 8-Aug-09 14-Oct-09 13-Jun-11 14-Oct-10 3-Sep-11 12-Dec-10 Yes<br />
Terryn, Fred 98654 23-Nov-07 15-Mar-11 9-Jun-11 15-Mar-11 16-Dec-10 29-May-11 14-Mar-11 29-May-11 9-Jun-11 15-Mar-11 23-Nov-07 15-Mar-11 14-Mar-11 29-May-11 Yes<br />
Hugo, Greg 102458 16-Dec-10 29-May-11 7-Jun-11 29-May-11 23-Nov-07 15-Mar-11 14-Mar-11 31-May-11 7-Jun-11 29-May-11 14-Mar-11 29-May-11 14-Mar-11 31-May-11 Yes<br />
*<br />
Part 139 CertAlert 12-05: DoD ARFF services<br />
at Joint Use <strong>Airport</strong>s<br />
13
<strong>Airport</strong> Rescue and Fire Fighting (ARFF) Services<br />
at<br />
<strong>Bangor</strong> International <strong>Airport</strong> (BGR)<br />
Memorandum <strong>of</strong> Agreement (MOA):<br />
Maine Air National Guard, 101 st ARW, <strong>Bangor</strong>, Maine<br />
And<br />
<strong>City</strong> <strong>of</strong> <strong>Bangor</strong>, <strong>Airport</strong> Department
<strong>Airport</strong> Rescue and Fire Fighting (ARFF) Services Supplied by the<br />
Maine Air National Guard, 101 st FES at <strong>Bangor</strong> International<br />
<strong>Airport</strong> (BGR)<br />
Tasked Agencies:<br />
• Maine Air National Guard, 101 st ARW, Fire and Emergency Services Flight (FES)<br />
• <strong>City</strong> <strong>of</strong> <strong>Bangor</strong>, <strong>Airport</strong> Department<br />
Term:<br />
This Memorandum <strong>of</strong> Agreement shall be effective for a term <strong>of</strong> ten (10) years beginning on<br />
_____, ________, 20___ and ending _____, _________, 20___.<br />
The 101 st ARF, FES maintains an ARFF organization in support <strong>of</strong> military aviation operations at<br />
<strong>Bangor</strong> International <strong>Airport</strong> (BGR) and agrees to provide ARFF services for all flying activities at<br />
BGR in accordance with the <strong>Airport</strong> Joint Use Agreement.<br />
Certificated airport operators must comply with all aspects <strong>of</strong> 14 CFR, Part 139. This document<br />
provides the procedures for Federal Aviation Administration (FAA) inspectors to determine<br />
whether the airport operator is meeting Part 139 ARFF requirements at <strong>Bangor</strong> International<br />
<strong>Airport</strong> (BGR) where ARFF services are provided by the 101 st FES. The 101 st FES maintains an<br />
ARFF organization in support <strong>of</strong> military aviation operations at <strong>Bangor</strong> International <strong>Airport</strong><br />
(BGR). Within the limits <strong>of</strong> the existing capabilities <strong>of</strong> this organization, the 101 st FES agrees to<br />
respond to fire and crash rescue emergencies involving civil aircraft and to certify that the 101 st<br />
FES meets DoD ARFF requirements in accordance with DoD and FAA Standard Operating<br />
Procedures dated 3 Apr 12 and DoD Memo Subject: DoD/FAA Agreement on Inspection <strong>of</strong> DoD<br />
Firefighters at Joint Use Airfields in a manner acceptable to the <strong>City</strong>.<br />
HQ FAA issued a National Part 139 CertAlert on July 13, 2012, Subject: FAA safety inspections<br />
<strong>of</strong> Joint Use <strong>Airport</strong> (JUA) facilities using Standard Operating Procedure (SOP) for determining<br />
ARFF compliance with Part 139 requirements.<br />
This CertAlert notified JUA Operators that FAA and DoD have agreed on procedures FAA<br />
inspectors will use at airports where DoD provides ARFF services, like <strong>Bangor</strong> International<br />
<strong>Airport</strong>. The National Part 139 CertAlert, including the approved SOP, is attached to this MOA<br />
and will be complied with. These procedures are necessary because DoD policy and Federal<br />
statute do not permit the FAA to inspect DoD controlled airfields or military ARFF facilities,<br />
equipment, and records at airports where the DoD provides ARFF services for civil FAA Part 139<br />
airports. These procedures were established to help the airport operator show the FAA it meets<br />
these Part 139 requirements.<br />
The DoD and FAA developed the process in the attached SOPs to assure the civil airport<br />
operator that the military ARFF services meet or exceed DoD and National Fire Protection<br />
Association standards. The FAA has determined that DoD ARFF standards are equivalent to the<br />
ARFF requirements in FAA Part 139.<br />
<strong>Bangor</strong> International <strong>Airport</strong> (BGR) will provide FAA inspectors the completed documentation<br />
provided by the 101 st Fire and Emergency Services Flight (FES) per the attached FAA National<br />
Part 139 CertAlert and the included DoD/FAA SOP. This documentation will include the items<br />
required to satisfy the ARFF portion <strong>of</strong> FAA Part 139.
Per the attached FAA National CertAlert and the included DoD/FAA SOP, the 101 st Fire Chief will<br />
provide:<br />
The data provided will include:<br />
A summary <strong>of</strong> the last annual self-inspection. This will focus on the ARFF requirements under<br />
Part 139.<br />
The date and result <strong>of</strong> the last major outside inspection (i.e., Major command, staff,<br />
Inspector General, or Center for Public Safety Excellence).<br />
An ARFF vehicle report that lists at least the type and status <strong>of</strong> all ARFF vehicles needed to<br />
satisfy the Part 139 requirements, but may list all ARFF vehicles.<br />
A summary <strong>of</strong> training dates for specific items required under Part 139. This summary may<br />
be produced electronically from automated systems or prepared manually using a spreadsheet.<br />
Additional information in accordance with the attached SOP.<br />
The FAA inspectors will review the documents provided for completeness and work with the civil<br />
airport operator to resolve any issue or concerns.<br />
In Witness where<strong>of</strong>, the respective duly authorized representatives <strong>of</strong> the parties hereto have<br />
executed this Agreement on the date set forth opposite their respective signatures.<br />
___________________________<br />
Douglas A. Farnham, COL, MeANG<br />
____________________<br />
Date<br />
Wing Commander<br />
___________________________<br />
Anthony P. Caruso, Jr. C.M.<br />
_____________________<br />
Date<br />
<strong>Airport</strong> Director<br />
________________________________<br />
Donald O. Lagace, COL<br />
_____________________<br />
Date<br />
USPFO for Maine<br />
*Attachment<br />
FAA National Part 139 CertAlert No. 12-05, 7/13/2012
Formatted: Justified, Indent: Left: 0", First<br />
line: 0", Space Before: Auto, After: Auto
______________________________________________________________________________<br />
AIRPORT JOINT USE<br />
AGREEMENT<br />
______________________________________________________________________________<br />
BETWEEN<br />
CITY OF BANGOR<br />
AND<br />
UNITED STATES OF AMERICA<br />
AND<br />
STATE OF MAINE<br />
(BANGOR INTERNATIONAL AIRPORT)<br />
__________________________________________________________
TABLE OF CONTENTS<br />
RECITALS…………………………………………………………………………………….1<br />
AGREEMENT…………………………………………………………………………………1<br />
1. DEFINITIONS......................................................................................................................1<br />
2. JOINT USE............................................................................................................................2<br />
3. CITY RESPONSIBILITIES.................................................................................................2<br />
4. GOVERNMENT RESPONSIBILITIES..............................................................................3<br />
5. PAYMENTS..........................................................................................................................3<br />
6. AIRFIELD MANAGEMENT..............................................................................................4<br />
7. GOVERNMENT RESERVED RIGHTS.............................................................................4<br />
8. FIRE PROTECTION AND CRASH RESCUE...................................................................4<br />
9. RECORDS AND BOOKS OF ACCOUNT.........................................................................5<br />
10. TERM..................................................................................................................................5<br />
11. TERMINATION.................................................................................................................5<br />
12. GENERAL PROVISIONS.................................................................................................6<br />
13. MAJOR REPAIRS AND NEW CONSTRUCTION..........................................................7<br />
14. NOTICES............................................................................................................................7
AIRPORT JOINT USE AGREEMENT<br />
THIS AGREEMENT made and entered into this ____ day <strong>of</strong> __________, 2013, by and between<br />
the CITY OF BANGOR, ME; acting by and through its <strong>City</strong> Manager (“<strong>City</strong>”) and the UNITED<br />
STATES OF AMERICA, acting by and through the Chief, National Guard Bureau, and the<br />
STATE OF MAINE, acting by and through its Adjutant General (collectively, "Government").<br />
RECITALS<br />
A. The <strong>City</strong> owns and operates <strong>Bangor</strong> International <strong>Airport</strong>, located in the <strong>City</strong> <strong>of</strong> <strong>Bangor</strong>,<br />
State <strong>of</strong> Maine.<br />
B. Title 49, United States Code, Chapter 471, "<strong>Airport</strong> Development," (49 U.S.C. Sections<br />
47101-47129), provides that each <strong>of</strong> the <strong>Airport</strong>'s facilities developed with financial assistance<br />
from the United States Government and each <strong>of</strong> the <strong>Airport</strong>'s facilities usable for the landing and<br />
taking <strong>of</strong>f <strong>of</strong> aircraft always will be available without charge for use by Government aircraft in<br />
common with other aircraft, except that if the use is substantial, the Government may be charged<br />
a reasonable share, proportionate to the use, <strong>of</strong> the cost <strong>of</strong> operating and maintaining the facility<br />
used.<br />
C. The Government requires substantial use <strong>of</strong> the flying facilities at the <strong>Airport</strong> for the<br />
Maine Air National Guard, as well as for other occasional transient government aircraft.<br />
D. The <strong>City</strong> is agreeable to such substantial use, in common with other users <strong>of</strong> the <strong>Airport</strong>,<br />
<strong>of</strong> the flying facilities by the Government under this Agreement.<br />
E. The Government and the <strong>City</strong> desire to provide for the delineation <strong>of</strong> responsibility for<br />
operation and maintenance <strong>of</strong> the flying facilities jointly used in common with others at the<br />
<strong>Airport</strong>, and to establish the Government's reasonable share, proportional to such use, <strong>of</strong> the cost<br />
<strong>of</strong> operating and maintaining such jointly used flying facilities.<br />
1. DEFINITIONS<br />
AGREEMENT:<br />
For purposes <strong>of</strong> this Agreement, the jointly used flying facilities <strong>of</strong> the <strong>Airport</strong> are the<br />
runways, taxiways, lighting systems, navigational aids, markings and appurtenances open to<br />
public use and use by the Government, including all improvements and facilities pertaining<br />
thereto and situated thereon and all future additions, improvements, and facilities thereto as may<br />
be added or constructed from time to time ("Jointly Used Flying Facilities"). The Jointly Used<br />
Flying Facilities do not include land areas used exclusively by the Government or the terminal<br />
buildings, hangars, aircraft parking aprons and ramps, or other areas or structures used<br />
exclusively by the <strong>City</strong> or its lessees, permittees, or licensees for civilian or commercial<br />
purposes.
2. JOINT USE<br />
Subject to the terms and conditions <strong>of</strong> this Agreement, the Government shall have the<br />
use, in common with other users <strong>of</strong> the <strong>Airport</strong>, present and prospective, <strong>of</strong> the Jointly Used<br />
Flying Facilities, together with all necessary and convenient rights <strong>of</strong> ingress and egress to and<br />
from the Air National Guard installation and other Government facilities located on the <strong>Airport</strong>.<br />
Routes for ingress and egress for the Government's employees, agents, customers and contractors<br />
shall not unduly restrict the Government in its operations.<br />
3. CITY RESPONSIBILITIES<br />
The <strong>City</strong> will be responsible for the following services and functions, to standards in<br />
accordance with Paragraph 6 below:<br />
a. Furnishing all personnel, materials and equipment required in the rendering <strong>of</strong> the<br />
services to be provided under the Agreement.<br />
b. Performing any and all maintenance <strong>of</strong> the Jointly Used Flying Facilities,<br />
including but not limited to:<br />
(1) Joint sealing, crack repair, surface repairs, airfield markings and repair or<br />
replacement <strong>of</strong> damaged sections <strong>of</strong> airfield pavement;<br />
therefor;<br />
(2) Runway, taxiway, and approach lighting and the regulators and controls<br />
(3) Beacons, obstruction lights, wind indicators, and other navigational aids;<br />
(4) Grass cutting and grounds care, drainage, and dust and erosion control <strong>of</strong><br />
unpaved areas, adjacent to runways and taxiways;<br />
(5) Sweeping runways and taxiways;<br />
(6) Controlling insects and pests;<br />
(7) Removing snow, ice and other hazards from active joint use use runways,<br />
taxiways, aprons, overruns and other airfield pavements; within a reasonable time after such<br />
facilities have been so encumbered based on an established priority. Coordinate with the<br />
Government for snow and ice removal from all taxiways, aprons and other airfield pavements<br />
used by Government aircraft.<br />
c. Furnishing utilities necessary to operate the Jointly Used Flying Facilities.<br />
d. Removing disabled aircraft as expeditiously as possible, subject to the rules and<br />
regulations <strong>of</strong> the National Transportation Safety Board, in order to minimize the time the Jointly<br />
Used Flying Facilities, or any part there<strong>of</strong>, would be closed because <strong>of</strong> such aircraft.
4. GOVERNMENT RESPONSIBILITIES<br />
The Government will be responsible for the following:<br />
a. Removing disabled Government aircraft as expeditiously as possible in order to<br />
minimize the time the Jointly Used Flying Facilities, or any part there<strong>of</strong>, would be closed<br />
because <strong>of</strong> such aircraft.<br />
b. Subject to availability <strong>of</strong> appropriations therefor, repairing within a reasonable<br />
time; damage to the Jointly Used Flying Facilities to the extent that such damage is caused solely<br />
by Government aircraft operations and is in excess <strong>of</strong> the fair wear and tear resulting from the<br />
military use contemplated under this Agreement.<br />
c. Participate substantially in the snow and ice removal from all joint use and<br />
Government exclusive use runways, taxiways, aprons, overruns and other airfield pavements.<br />
The parties shall enter into a separate mutual aid agreement, the Snow and Ice Control Plan,<br />
which shall specifically set forth each party’s responsibilities for snow and ice removal.<br />
5. PAYMENTS<br />
a. In consideration <strong>of</strong> and for the faithful performance <strong>of</strong> this Agreement, and<br />
subject to the availability <strong>of</strong> Federal appropriations, the Government shall pay to the <strong>City</strong> as its<br />
proportionate share <strong>of</strong> operating and maintaining the Jointly Used Flying Facilities, the nominal<br />
amount <strong>of</strong> ONE DOLLAR ($1.00) per year.<br />
b. Payments for the periods set out in Paragraph 5a above shall be made upon<br />
submission <strong>of</strong> appropriate invoices to the Government as designated in Paragraph 5c below;<br />
provided, however, that if during the term <strong>of</strong> this Agreement, sufficient funds are not available<br />
through the annual appropriations at the beginning <strong>of</strong> any fiscal year to carry out the provisions<br />
<strong>of</strong> this Agreement, the Government will so notify the <strong>City</strong> in writing.<br />
c. Bills for the payments provided hereunder shall be directed to:<br />
101 ARW/CE<br />
106 Ashley Street, Suite 486<br />
<strong>Bangor</strong> ANG Base, ME 04401-3501<br />
or to such other address as the Government may from time to time provide to the <strong>City</strong> in writing.<br />
d. Either party may request renegotiation if either party, at the request or with the<br />
formal concurrence <strong>of</strong> the other, as the case may be, requires services not contemplated by this<br />
Agreement, or reduces or eliminates services it undertakes to provide under this Agreement.<br />
6. AIRFIELD MANAGEMENT<br />
a. The <strong>City</strong> agrees that maintenance <strong>of</strong> the Jointly Used Flying Facilities shall, at all<br />
times; be in accordance with Federal Aviation Administration (“FAA”) standards for the
operation <strong>of</strong> a commercial airport and operation <strong>of</strong> jet aircraft.<br />
b. The Government agrees that any markings and equipment installed by it pursuant<br />
to Paragraph 7 <strong>of</strong> the Agreement shall be coordinated with the <strong>City</strong>, and not be in conflict with<br />
FAA standards.<br />
7. GOVERNMENT RESERVED RIGHTS<br />
The Government reserves the right, at its sole cost and expense and subject to Paragraph<br />
6b above, to:<br />
a. Provide and maintain in the Jointly Used Flying Facilities airfield markings<br />
required solely for military aircraft operations.<br />
b. Install, operate and maintain in the Jointly Used Flying Facilities any and all<br />
additional equipment, necessary for the safe and efficient operation <strong>of</strong> military aircraft including<br />
but not limited to arresting systems and navigational aids.<br />
8. FIRE PROTECTION AND CRASH RESCUE<br />
a. The Government maintains a fire fighting and crash rescue organization in<br />
support <strong>of</strong> military aviation operations at the <strong>Airport</strong>. Within the limits <strong>of</strong> the existing<br />
capabilities <strong>of</strong> this organization, the Government agrees to respond to fire and crash rescue<br />
emergencies involving civil aircraft, subject to subparagraphs 8b, 8c, and 8d below. The Parties<br />
shall enter into a separate agreement for the Maine Air National Guard, 101 st Air Refueling<br />
Wing to provide documentation on Air Force provided aircraft rescue and firefighting services<br />
(ARFF) at the <strong>Airport</strong>, in accordance with the Department <strong>of</strong> Defense Memo, Subject:<br />
FAA/DoD Agreement on Inspection <strong>of</strong> DoD Firefighters at Joint Use Airfields and the attached<br />
Standard Operating Agreement dated April 3, 2012 and the National FAA Part 139 Cert Alert<br />
dated 13 July 2012. .<br />
b. The <strong>City</strong> agrees to release, acquit, and forever discharge the Government, its<br />
<strong>of</strong>ficers, agents, and employees for all liability arising out <strong>of</strong> or connected with the use <strong>of</strong> or<br />
failure to supply in individual cases, Government fire fighting and crash rescue equipment or<br />
personnel for fire control and crash rescue activities at or in the vicinity <strong>of</strong> the <strong>Airport</strong>. The<br />
Authority agrees to the extent allowed under applicable law to indemnify, defend, and hold<br />
harmless the Government, its <strong>of</strong>ficers, agents, and employees against any and all claims, <strong>of</strong><br />
whatever description, arising out <strong>of</strong> or connected with such use <strong>of</strong> or failure to supply in<br />
individual cases, Government fire fighting and crash rescue equipment or personnel, except<br />
where such claims arise out <strong>of</strong> or result from the gross negligence or willful misconduct <strong>of</strong> the<br />
<strong>of</strong>ficers, agents, or employees <strong>of</strong> the United States, without contributory fault on the part <strong>of</strong> any<br />
person, firm, or corporation. The <strong>City</strong> agrees to execute and maintain in effect a hold harmless<br />
agreement as required by applicable Air Force instructions for all periods during which<br />
emergency fire fighting and crash rescue service is provided to civil aircraft by the Government.<br />
This provision shall survive the termination or expiration <strong>of</strong> this Agreement.<br />
c. The <strong>City</strong> will reimburse the Government for expenses incurred by the<br />
Government for fire fighting and crash rescue materials expended in connection with providing
such service to civil aircraft.<br />
d. The Government’s responsibility under this Paragraph 8 shall continue only so<br />
long as a fire fighting and crash rescue organization is authorized for military operations at the<br />
<strong>Airport</strong>. The Government shall have no obligation to provide any increase in fire fighting and<br />
crash rescue equipment or personnel or to conduct any training or inspection for the purposes <strong>of</strong><br />
this Paragraph. If the Government intends to discontinue aircraft rescue and fire fighting<br />
operations, the Government will provide the airport with notice <strong>of</strong> its decision twelve months<br />
prior to ceasing service. In the event the Government discontinues the provision <strong>of</strong> ARFF<br />
services, the compensation provided to the <strong>Airport</strong> under the Joint Use Agreement will be<br />
recalculated. It is further understood that the Government’s fire fighting and crash rescue<br />
equipment shall not be routinely parked on the Jointly Used Flying Facilities during nonemergency<br />
landings <strong>of</strong> civil aircraft.<br />
9. RECORDS AND BOOKS OF ACCOUNT<br />
The <strong>City</strong> agrees to keep records and books <strong>of</strong> account, showing the actual cost to it <strong>of</strong> all<br />
items <strong>of</strong> labor, materials, equipment, supplies, services, and other expenditures made in fulfilling<br />
the obligations <strong>of</strong> this Agreement. The Comptroller General <strong>of</strong> the United States or any <strong>of</strong> his or<br />
her duly authorized representatives shall, until the expiration <strong>of</strong> three (3) years after final<br />
payment, have access at all times to such records and books <strong>of</strong> account, or to any directly<br />
pertinent books, documents, papers, and records <strong>of</strong> any <strong>of</strong> the <strong>City</strong>’s contractors or<br />
subcontractors engaged in the performance <strong>of</strong> and involving transactions related to this<br />
Agreement. The <strong>City</strong> further agrees that representatives <strong>of</strong> the Air Force Audit Agency or any<br />
other designated representative <strong>of</strong> the Government shall have the same right <strong>of</strong> access to such<br />
records, books <strong>of</strong> account, documents and papers as is available to the Comptroller General.<br />
10. TERM<br />
This Agreement shall be effective for a term <strong>of</strong> ten (10) years beginning 1 October, 2009,<br />
and ending 30 September 2019.<br />
11. TERMINATION<br />
a. This Agreement may be terminated by the Government at any time by giving at<br />
least thirty (30) days' notice there<strong>of</strong> in writing to the <strong>City</strong>.<br />
(1) The Government, by giving written notice to the <strong>City</strong>, may terminate the<br />
right <strong>of</strong> the <strong>City</strong> to proceed under this Agreement if it is found, after notice and hearing by the<br />
Secretary <strong>of</strong> the Air Force or his or her duly authorized representative, that gratuities in the form<br />
<strong>of</strong> entertainment, gifts, or otherwise, were <strong>of</strong>fered or given by the <strong>City</strong>, or any agent or<br />
representative <strong>of</strong> the <strong>City</strong>, to any <strong>of</strong>ficer or employee <strong>of</strong> the Government with a view toward<br />
securing this Agreement or securing favorable treatment with respect to the awarding or<br />
amending, or the making <strong>of</strong> any determinations with respect to the performing <strong>of</strong> such<br />
agreement, provided that the existence <strong>of</strong> the facts upon which the Secretary <strong>of</strong> the Air Force or<br />
his or her duly authorized representative makes such findings shall be an issue and may be
eviewed in any competent court.<br />
(2) In the event this Agreement is terminated as provided in subparagraph<br />
11a(1) above, the Government shall be entitled to pursue the same remedies against the <strong>City</strong> as it<br />
could pursue in the event <strong>of</strong> a breach <strong>of</strong> the Agreement by the <strong>City</strong> and in addition to any other<br />
damages to which it may be entitled by law, the Government shall be entitled to exemplary<br />
damages in an amount (as determined by the Secretary <strong>of</strong> the Air Force or his or her duly<br />
authorized representative) which shall be not less than three (3) or more than ten (10) times the<br />
costs incurred by the <strong>City</strong> in providing any such gratuities to any such <strong>of</strong>ficer or employee.<br />
(3) The rights and remedies <strong>of</strong> the Government provided in subparagraph<br />
11a(1) above shall not be exclusive and are in addition to any other rights and remedies provided<br />
by law or under this Agreement.<br />
12. GENERAL PROVISIONS<br />
a. Compliance with Law. The <strong>City</strong> shall comply with all Federal, state and local<br />
laws, rules and regulations applicable to the activities conducted under this Agreement.<br />
b. Assignment. The <strong>City</strong> shall neither transfer nor assign this Agreement without<br />
the prior written consent <strong>of</strong> the Government, which shall not be unreasonably withheld or<br />
delayed.<br />
c. Liability. Except as otherwise provided in this Agreement, neither party shall be<br />
liable for damages to property or injuries to persons arising from acts <strong>of</strong> the other in the use <strong>of</strong><br />
the Jointly Used Flying Facilities or occurring as a consequence <strong>of</strong> the performance <strong>of</strong><br />
responsibilities under this Agreement.<br />
d. Third Party Benefit. No member or delegate to Congress shall be admitted to any<br />
share or part <strong>of</strong> this Agreement or to any benefit that may arise therefrom, but this provision shall<br />
not be construed to extend to this Agreement if made with a corporation for its general benefit.<br />
e. Entire Agreement. It is expressly agreed that this written instrument embodies the<br />
entire financial arrangement and agreement <strong>of</strong> the parties regarding the use <strong>of</strong> the Jointly Used<br />
Flying Facilities by the Government, and there are no understandings or agreements, verbal or<br />
otherwise, between the parties in regard to it except as expressly set forth herein. Specifically,<br />
no landing fees or other fees not provided in this Agreement will be assessed by the <strong>City</strong> against<br />
the Government in the use <strong>of</strong> the Jointly Used Flying Facilities during the term <strong>of</strong> this<br />
Agreement.<br />
f. Modification. This Agreement may only be modified or amended by mutual<br />
agreement <strong>of</strong> the parties in writing and signed by each <strong>of</strong> the parties hereto.<br />
g. Waiver. The failure <strong>of</strong> either party to insist, in any one or more instances, upon<br />
the strict performance <strong>of</strong> any <strong>of</strong> the terms, conditions, covenants, or provisions <strong>of</strong> this Agreement<br />
shall not be construed as a waiver or relinquishment <strong>of</strong> the right to the future performance <strong>of</strong> any<br />
such terms, conditions, covenants, or provisions. No provision <strong>of</strong> this Agreement shall be<br />
deemed to have been waived by either party unless such waiver be in writing signed by such
party.<br />
h. Paragraph Headings. The brief headings or titles preceding each Paragraph and<br />
subparagraph are merely for purposes <strong>of</strong> identification, convenience, and ease <strong>of</strong> reference, and<br />
will be completely disregarded in the construction <strong>of</strong> this Agreement.<br />
13. MAJOR REPAIRS AND NEW CONSTRUCTION<br />
Major repair projects and/or new construction projects required for the Jointly Used<br />
Flying Facilities (collectively, "Joint Use Projects") are not included under this Agreement. Any<br />
Government contribution to Joint Use Projects shall be the subject <strong>of</strong> separate negotiations and<br />
written agreement between the <strong>City</strong> and the Government at such time as the work is required.<br />
Any Government participation in the costs <strong>of</strong> Joint Use Projects is subject to the availability <strong>of</strong><br />
Federal funds for such purpose at the time the work is required.<br />
14. NOTICES<br />
No notice, order, direction, determination, requirement, consent or approval under this<br />
Agreement shall be <strong>of</strong> any effect unless it is in writing and addressed as provided herein.<br />
a. Written communications to the <strong>City</strong> shall be addressed to:<br />
<strong>City</strong> Manager<br />
<strong>City</strong> <strong>of</strong> <strong>Bangor</strong><br />
<strong>City</strong> Hall<br />
73 Harlow Street<br />
<strong>Bangor</strong>, ME 04401<br />
b. Written communications to the Government shall be in duplicate with<br />
copies to the United States <strong>of</strong> America and the State <strong>of</strong> Maine addressed respectively, as follows:<br />
<strong>To</strong> the United States <strong>of</strong> America:<br />
NGB/A7<br />
3501 Fetchet Avenue<br />
Joint Base Andrews, Maryland 20762-5157<br />
<strong>To</strong> the State <strong>of</strong> Maine:<br />
The Adjutant General<br />
Camp Keyes, Bldg. # 7<br />
Augusta, ME 04333-0033<br />
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the respective duly authorized representatives <strong>of</strong> the parties<br />
hereto have executed this Agreement on the date set forth opposite their respective signatures.<br />
Dated:<br />
CITY OF BANGOR MAINE<br />
By:<br />
(Title)<br />
Approved as to form and legal sufficiency:<br />
Dated:<br />
STATE OF MAINE<br />
Coordinated with:<br />
U.S. Property & Fiscal Officer<br />
By:<br />
The Adjutant General<br />
Dated:<br />
UNITED STATES OF AMERICA<br />
By:<br />
For the Chief, National Guard Bureau
INDENTURE OF LEASE<br />
THIS INDENTURE OF LEASE, executed this ______ day <strong>of</strong> _______, 2013 by and<br />
between:<br />
CITY OF BANGOR, a municipal corporation, organized and existing under the laws <strong>of</strong><br />
the State <strong>of</strong> Maine, and having its principal <strong>of</strong>fices at 73 Harlow Street, <strong>Bangor</strong>, Maine,<br />
(hereinafter sometimes referred to as “Lessor”)<br />
AND<br />
Maine Highlands, a corporation duly organized and existing under the laws <strong>of</strong> the<br />
State <strong>of</strong> Maine, and having a regular place <strong>of</strong> business at 40 Harlow St. <strong>Bangor</strong>, Maine<br />
04401 (hereinafter sometimes referred to as “Lessee”)<br />
W I T N E S S E T H:<br />
WHEREAS, The <strong>City</strong> <strong>of</strong> <strong>Bangor</strong> is the owner <strong>of</strong> an airport commonly known as “<strong>Bangor</strong><br />
International <strong>Airport</strong>”, formerly known as Dow Air Force Base, located in the city <strong>of</strong> <strong>Bangor</strong>,<br />
County <strong>of</strong> Penobscot, State <strong>of</strong> Maine (hereinafter sometimes referred to as the “<strong>Airport</strong>”); and<br />
WHEREAS, Lessee wishes to lease a portion <strong>of</strong> Building 121 within the General Aviation<br />
terminal, in the <strong>Bangor</strong> International <strong>Airport</strong> complex to operate and maintain <strong>of</strong>fice space.<br />
NOW, THERFORE, the parties do mutually agree as follows:<br />
ARTICLE I - PREMISES<br />
The Lessor, for an in consideration <strong>of</strong> the rents to be paid and the obligations to be<br />
performed by Lessee as hereinafter provided, does hereby demise and lease unto Lessee, and<br />
the Lessee does hereby take and hire, upon and subject to the terms and conditions hereinafter<br />
expressed the following described premises in its present physical condition:<br />
a. 203 sq. ft. <strong>of</strong> <strong>of</strong>fice space, specifically room Suite 203.<br />
b. Parking in the building’s designated parking areas assigned by the Lessor.<br />
<strong>To</strong>gether with the right to use, in conjunction with the Owner and other Tenants, any<br />
areas and facilities intended for common use, including but not limited to halls, passageways,<br />
stairways, entrances, exits, driveways, restrooms, handicap stair lift and yards.<br />
ARTICLE II - TERM<br />
TO HAVE AND TO HOLD the demised premises unto the Lessee for a term <strong>of</strong> one (1)<br />
year commencing June 1, 2013, terminating on May 31, 2014.<br />
This Lease shall automatically renew for a period <strong>of</strong> one (1) year (June 1, 2014 through<br />
May 31, 2015) under the same terms and conditions, with the exception <strong>of</strong> the rent, unless<br />
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thirty (30) days prior to the expiration <strong>of</strong> the Lease either party gives the other notice <strong>of</strong> intent<br />
not to renew. The parties shall negotiate any change in the amount <strong>of</strong> the rent. If at the time<br />
the Lease is scheduled to automatically renew Lessee is in violation <strong>of</strong> any provision <strong>of</strong> the<br />
Lease, Lessor may refuse to permit Lessee to renew the Lease.<br />
At the end <strong>of</strong> the first renewal <strong>of</strong> the Lease, this Lease shall automatically renew for a<br />
period <strong>of</strong> one (1) year (June 1, 2015 through May 31, 2016) under the same terms and<br />
conditions, with the exception <strong>of</strong> the rent, unless thirty (30) days prior to the expiration <strong>of</strong> the<br />
Lease either party gives the other notice <strong>of</strong> intent not to renew. The parties shall negotiate any<br />
change in the amount <strong>of</strong> the rent. If at the time the Lease is scheduled to automatically renew<br />
Lessee is in violation <strong>of</strong> any provision <strong>of</strong> the Lease, Lessor may refuse to permit Lessee to<br />
renew the Lease.<br />
ARTICLE III - COMPUTATION OF ANNUAL RENTAL<br />
The rent to be paid by Lessee to Lessor during the term <strong>of</strong> this lease shall be as follows:<br />
For the year term <strong>of</strong> the lease from June 1, 2013 through May 31, 2014 rent shall be<br />
paid at the rate <strong>of</strong> $235.00 per month.<br />
Lessee shall pay all rentals herein required in advance on the first day <strong>of</strong> each and every<br />
month without prior demand therefor, in lawful money <strong>of</strong> the United States, at the address <strong>of</strong><br />
the Lessor as set forth herein or at such other reasonable places as the Lessor may designate.<br />
Late payments shall be subject to an additional interest charge <strong>of</strong> one and one-half per cent<br />
(1.5%) per month to the date <strong>of</strong> payment.<br />
ARTICLE IV – USE, OCCUPANCY AND ALTERATIONS TO PREMISES<br />
A. Lessee shall have the right to use, occupy and maintain the premises herein<br />
described in a reasonably businesslike, careful, clean, and reasonably safe manner for the<br />
purposes <strong>of</strong> having an <strong>of</strong>fice and storage space, and for no other purposes whatsoever without<br />
the prior written consent <strong>of</strong> the Lessor whose consent shall not be unreasonably withheld.<br />
B. Lessee shall not use, occupy or maintain said premises in any manner as to<br />
violate any municipal, state, or federal law or regulation, and, in particular, regulations <strong>of</strong> the<br />
Federal Aviation Administration relating to the operation <strong>of</strong> <strong>Bangor</strong> International <strong>Airport</strong> as a<br />
public airport.<br />
C. Lessee shall make a good faith effort to inform its employees and visitors <strong>of</strong> the<br />
rules and regulations <strong>of</strong> the <strong>Bangor</strong> International <strong>Airport</strong> and shall cooperate in every way with<br />
the <strong>Airport</strong> Director to ensure that such rules and regulations are obeyed.<br />
D. Lessee shall have the right to make alterations and improvements to the<br />
premises as it may choose, subject to the prior written approval <strong>of</strong> the <strong>Airport</strong> Director which<br />
shall not be unreasonably withheld, and provided that such alterations, additions and<br />
improvements do not weaken the structural integrity <strong>of</strong> the buildings, nor decrease its<br />
functional quality or value, and further provided that any such work shall be done entirely at the<br />
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Lessee’s own expense and will include returning disrupted surfaces to a serviceable and<br />
attractive condition.<br />
E. Lessee shall have the right to erect signs on the leased premises subject to the<br />
prior written approval <strong>of</strong> the <strong>Airport</strong> Director provided that such signs comply with the <strong>City</strong>’s<br />
sign Ordinance and applicable F.A.A. Regulations.<br />
F. Lessor, through its agents, shall have at all reasonable times the right, upon<br />
reasonable notification to the Lessee, to go on and inspect the premises with an authorized<br />
representative <strong>of</strong> the Lessee, and the right <strong>of</strong> access to utility systems located on the demised<br />
premises for the purposes <strong>of</strong> maintenance, repair, correction or inspection. For purposes <strong>of</strong> this<br />
paragraph, “reasonable notification” shall include any actual notification to the Lessee or its<br />
agent not less than one business day prior to the date <strong>of</strong> inspection. “Reasonable times” shall<br />
mean any time during Lessee’s regular business hours, or during normal weekday business<br />
hours if Lessee shall cease operations.<br />
ARTICLE V – HAZARDOUS WASTE<br />
Lessee hereby covenants and agrees that it shall not, during the term <strong>of</strong> this lease,<br />
including any extension <strong>of</strong> renewal here<strong>of</strong>, permanently place, cause to be placed, deposit or<br />
discharge any hazardous waste upon the demised premises, or upon any other portion <strong>of</strong><br />
Lessor’s <strong>Bangor</strong> International <strong>Airport</strong>, and further expressly agrees that it shall indemnify Lessor<br />
from any and all costs, expense or liability, <strong>of</strong> whatever kind or nature, incurred by the Lessor in<br />
detecting, evaluating, removing, treating, disposing <strong>of</strong> or otherwise responding to any<br />
hazardous waste place d or deposited in violation <strong>of</strong> this paragraph.<br />
Lessee hereby covenants and agrees that it shall not, during the term <strong>of</strong> this lease,<br />
including any extension or renewal here<strong>of</strong>, violate any local, state or Federal regulation,<br />
ordinance or statue pertaining to hazardous waste or hazardous material and further expressly<br />
agrees that it shall indemnify Lessor from any and all costs, expense or liability, or whatever<br />
kind or nature, incurred by the Lessor for any such violation.<br />
Such costs shall be deemed to include, without limitation, Lessor’s costs <strong>of</strong> defending<br />
any suit filed by any person, entity, agency, or governmental authority; paying any fines<br />
imposed in connection with such suit; paying any judgements or otherwise settling any damage<br />
claims; complying with any order by a court <strong>of</strong> competent jurisdiction directing the Lessor to<br />
take remedial action with respect to such waste; and <strong>of</strong> all associated attorney’s fees and costs.<br />
For the purposes <strong>of</strong> this paragraph, the term “hazardous waste” shall be deemed to<br />
include every substance now or hereafter designated as a hazardous waste under any<br />
provision <strong>of</strong> State <strong>of</strong> Federal law. Lessee’s obligations under this paragraph shall be deemed<br />
to survive the expiration or termination <strong>of</strong> this Lease.<br />
ARTICLE VI – LIABILITY AND PROPERTY DAMAGE INSURANCE<br />
The Lessee during the entire term <strong>of</strong> this Agreement, or any extension there<strong>of</strong>, shall<br />
maintain, at its sole expense, insurance <strong>of</strong> the following types with companies authorized to do<br />
business in the State <strong>of</strong> Maine, and for the protection <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Bangor</strong>, who shall be named<br />
3
as an additional insured against all claims, losses, costs or expenses arising out <strong>of</strong> injuries to<br />
persons whether or not employed by Lessee or damage to property whether resulting form<br />
acts, omissions, negligence or otherwise <strong>of</strong> the Lessee, its directors, <strong>of</strong>ficers, employees and<br />
agents and arising from Lessee’s use <strong>of</strong> the premises or any part or portion there<strong>of</strong>.<br />
Comprehensive Public Liability<br />
Bodily Injury<br />
$1,000,000 each occurrence<br />
Property Damage<br />
$1,000,000 each occurrence<br />
Worker’s Compensation Insurance<br />
Lessor shall not be required to provide insurance coverage and shall have no<br />
responsibility for any property owned by the Lessee or third parties which may be located on<br />
the demised premises. Lessee shall cause to be furnished to the Lessor evidence in the form <strong>of</strong><br />
certificates <strong>of</strong> insurance <strong>of</strong> the existence and continuance in force <strong>of</strong> the insurance required<br />
hereunder. Lessor shall be notified <strong>of</strong> any changes or discontInuances <strong>of</strong> coverage.<br />
The minimum insurance coverage required under this Article shall be deemed to be<br />
automatically adjusted whenever the Maine State Legislature shall increase the Lessor’s<br />
maximum liability for personal injury or property damage claims brought under the Maine <strong>To</strong>rt<br />
Claims Act. In the event <strong>of</strong> such an increase, the minimum insurance coverage required shall<br />
be no less than the Lessor’s maximum liability for such claims under the Maine <strong>To</strong>rt Claims Act.<br />
ARTICLE VII – INDEMNITY<br />
A. General Indemnification – Lessee shall defend, indemnify, and hold Lessor, and<br />
its inhabitants, <strong>of</strong>ficers, employees and agents completely harmless from and against any and<br />
all liabilities, losses, suits, claims, judgments, fines or demands arising by reason <strong>of</strong> injury or<br />
death <strong>of</strong> any person or damage to any property, including all reasonable costs for investigation<br />
and defense there<strong>of</strong> (including but not limited to attorneys’ fees, court costs, and expert<br />
witness fees), <strong>of</strong> any nature whatsoever arising out <strong>of</strong> or incident to this agreement and/or the<br />
use, occupancy, conduct, or management <strong>of</strong> the leased premises or the acts or omissions <strong>of</strong><br />
Lessee’s <strong>of</strong>ficers, agents, employees, contractors, subcontractors, licensees, or invitees, unless<br />
such injury, death, or damage is caused by the negligence <strong>of</strong> the Lessor. The Lessee shall give<br />
to Lessor reasonable notice <strong>of</strong> any such claims or actions. The Lessee shall also use counsel<br />
reasonably acceptable to Lessor in carrying out its obligations under this Article.<br />
B. Lessee’s Waiver <strong>of</strong> Workers’ Compensation Immunity – The Lessee hereby<br />
expressly agrees that it will defend, indemnify and hold the <strong>City</strong> <strong>of</strong> <strong>Bangor</strong>, its inhabitants,<br />
<strong>of</strong>ficers, employees and agents completely harmless from any and all claims made or asserted<br />
by the Lessee’s agents, servants or employees arising out <strong>of</strong> the Lessee’s activities under this<br />
Lease. For this purpose, the Lessee hereby expressly waives any and all immunity it may have<br />
under the Maine Workers Compensation Act in regard to such claims made or asserted by the<br />
Lessee’s agents, servants or employees. The indemnification provided under this paragraph<br />
4
shall extend to and include any and all costs incurred by the <strong>City</strong> <strong>of</strong> <strong>Bangor</strong> to answer,<br />
investigate, defend and settle all such claims, including but not limited to the <strong>City</strong> <strong>of</strong> <strong>Bangor</strong>’s<br />
costs for attorneys fees, expert and other witness fees, the cost <strong>of</strong> investigators, and payment<br />
in full <strong>of</strong> any and all judgments rendered in favor <strong>of</strong> the Lessee’s agents, servants or employees<br />
against the <strong>City</strong> <strong>of</strong> <strong>Bangor</strong> in regard to claims made or asserted by such agents, servants, or<br />
employees.<br />
ARTICLE VIII – DAMAGE BY FIRE OR OTHER CASUALTY<br />
Lessor is not required to insure the demised premises against loss by fire and the<br />
extended coverage usual in such insurance. In the event <strong>of</strong> destruction or damage <strong>of</strong> buildings<br />
owned by Lessor on the demised premises, or to any part there<strong>of</strong>, and as <strong>of</strong>ten as the<br />
improvements shall be damaged by fire or other casualty, Lessor shall have the right, but not<br />
the obligation to rebuild and repair the building for occupancy. If Lessor elects not to rebuild<br />
and repair, it shall so notify Lessee within thirty (30) days or more expeditiously if possible <strong>of</strong> its<br />
decision. In the event the damages are <strong>of</strong> such extent as to reasonably prevent Lessee from<br />
operating within the demised premises, then Lessee shall have the right to terminate this Lease<br />
and shall notify Lessor within the aforementioned time period, and Lessee’s obligation to pay<br />
rent as herein above provided shall terminate upon receipt <strong>of</strong> such notice by the Lessor and<br />
surrender <strong>of</strong> the premises by the Lessee.<br />
ARTICLE IX – RULES, REGULATIONS AND LAWS<br />
A. The premises herein leased are located upon the property <strong>of</strong> the Lessor and<br />
commonly known as <strong>Bangor</strong> International <strong>Airport</strong>. Therefore, the Lessee hereby agrees to obey<br />
and to cause all personnel employed by the Lessee to obey all municipal ordinances, and all<br />
State and Federal rules, regulations, or laws pertaining to the operation <strong>of</strong> said <strong>Airport</strong> and<br />
Lessee’s use and occupancy <strong>of</strong> the demised premises. In addition, Lessee shall obey and<br />
observe all reasonable orders, rules and regulations <strong>of</strong> the <strong>Airport</strong> Director not inconsistent with<br />
this Lease or with the aforesaid rules and regulations which are uniform, and which apply<br />
equally to all tenants, invitees and users <strong>of</strong> the <strong>Airport</strong> and their employees.<br />
B. Further, it is understood and agreed that Lessor retains a right for the passage <strong>of</strong><br />
aircraft (“aircraft” being defined as any contrivance now known or hereafter invented, used or<br />
designed for navigation <strong>of</strong> or flight in the air) by whomsoever owned and operated, in the<br />
airspace above the property above 342.4’ MSL to an infinite height together with the right to<br />
cause in all airspace above the property such noise, vibrations, fumes, dust, fuel particles and<br />
all other effects that may be caused by the operation <strong>of</strong> aircraft landing at, or taking-<strong>of</strong>f from,<br />
or operating at or on the <strong>Airport</strong> and Lessee does hereby fully waive, remise and release any<br />
right or cause <strong>of</strong> action which it may now have or which it may have in the future against<br />
Lessor due to such noise, vibrations, fumes, dust, fuel particles, and all other effects that may<br />
be caused by the operation <strong>of</strong> aircraft landing at or taking-<strong>of</strong>f from or operating at or on the<br />
<strong>Airport</strong>. The Lessee specifically agrees to make no claims in any form for damages or<br />
reimbursements against the Lessor or against the United States Government for any reason or<br />
cause resulting from noise generated from <strong>Airport</strong> uses.<br />
C. Lessee will not use or permit <strong>of</strong> suffer the use <strong>of</strong> the leased property in such a<br />
manner as to create electrical interference with radio communication between any installation<br />
5
upon the <strong>Airport</strong> and aircraft, or as to make if difficult for flyers to distinguish between <strong>Airport</strong><br />
lights and others, or as to impair visibility in the vicinity <strong>of</strong> the <strong>Airport</strong>, or as otherwise to<br />
otherwise endanger the landing, taking <strong>of</strong>f or maneuvering <strong>of</strong> aircraft.<br />
ARTICLE X – TAXES<br />
It is covenanted and agreed that all taxes and/or assessments, fees or charges <strong>of</strong> any<br />
kind whatsoever, as may be imposed during the term here<strong>of</strong>, or any extension <strong>of</strong> the term <strong>of</strong><br />
this lease, by any governmental authority upon the demised premises are the responsibility <strong>of</strong><br />
the lessor. It is expressly agrees that such taxes and assessments shall include all amounts<br />
levied as real estate or other property taxes upon the demised premises by the Lessor acting in<br />
its governmental capacity.<br />
Lessee further covenants and agrees to pay when due any and all taxes an/or<br />
assessments, fees, or charges <strong>of</strong> any kind whatsoever, as may be imposed during the term<br />
here<strong>of</strong>, or any extension <strong>of</strong> the term <strong>of</strong> this Lease, by any governmental authority on Lessee’s<br />
personal property located on the demised premises.<br />
Lessee further hereby waives any and all rights or privileges <strong>of</strong> exemption from taxation<br />
on the demised premises and on any personal property located therein arising due to public<br />
ownership <strong>of</strong> the demised premises by the <strong>City</strong> <strong>of</strong> <strong>Bangor</strong>. Provided, however, nothing herein<br />
shall be deemed to prohibit the Lessee from contesting the assessed valuation <strong>of</strong> such property<br />
in the same manner as provided by law under Title 36, Maine Revised Statutes, for other nonexempt<br />
properties and taxpayers.<br />
ARTICLE XI – NONDISCRIMINATION<br />
Lessee for itself, its personal representatives, successor in interest and assigns, and as<br />
part <strong>of</strong> the consideration here<strong>of</strong>, does hereby covenant and agree that: (1) no person or group<br />
<strong>of</strong> persons on the groups <strong>of</strong> race, color, age, sex, handicap, or national origin, or in any other<br />
manner prohibited by law, shall be excluded from participation in, denied the benefits <strong>of</strong>, or be<br />
otherwise subject to discrimination in the Lessee’s use or occupancy <strong>of</strong> said demised premises;<br />
(2) in the construction <strong>of</strong> all improvements, buildings, structures, on. Over or under such land<br />
and the furnishing <strong>of</strong> services thereon, no person or group <strong>of</strong> persons on the grounds <strong>of</strong> race,<br />
color, age, sex, handicap, or national origin or in any other manner prohibited by law, shall be<br />
excluded from participation in, denied the benefits <strong>of</strong>, or be otherwise subject to unlawful<br />
discrimination in the Lessee’s use or occupancy <strong>of</strong> the demised premises; and (3) Lessee shall<br />
sue the premises in compliance with all other requirements imposed by or pursuant to Title 49,<br />
Code <strong>of</strong> Federal Regulations, Department <strong>of</strong> transportation, Subtitle A, Office <strong>of</strong> the Secretary,<br />
Part 21, Nondiscrimination in Federally-Assisted Programs <strong>of</strong> the Department <strong>of</strong> Transportation<br />
– Effectuation <strong>of</strong> Title VI <strong>of</strong> the Civil Rights Act <strong>of</strong> 1964, and as said regulations may be<br />
amended. In the event <strong>of</strong> breach <strong>of</strong> any <strong>of</strong> the above nondiscrimination covenants, the Lessor<br />
shall have the right, after failure <strong>of</strong> Lessee to rectify such breach within thirty (30) days after<br />
receipt <strong>of</strong> notice from Lessor, to terminate this Lease. Provided, however, that Lessor shall not<br />
have the right to terminate the Lease under this Article with respect to any complaint <strong>of</strong><br />
discrimination which is pending final resolution or adjudication before any agency or court <strong>of</strong><br />
the State <strong>of</strong> Maine or the Untied States.<br />
6
ARTICLE XII – COVENANT OF QUIET ENJOYMENT<br />
The Lessee, subject to the terms and provisions <strong>of</strong> this lease on payment <strong>of</strong> the rent,<br />
and observing, keeping and performing all their terms and provisions <strong>of</strong> the lease on its part to<br />
be observed, kept and performed, shall lawfully, peaceably and quietly have, hold, occupy and<br />
enjoy the demised premises during the term here<strong>of</strong> without hindrance or rejection by the<br />
Lessor or any other persons.<br />
ARTICLE XIII – LIENS<br />
The Lessor and the Lessee agree that each will promptly discharge either by payment or<br />
by filing <strong>of</strong> the necessary bond or otherwise, any mechanics’, materialmen’s or other liens<br />
against the demised premises, or against any buildings, structures or improvements located<br />
thereon, which liens may arise out <strong>of</strong> any payment due for labor, services, materials, supplies or<br />
equipment which may have been furnished to or for the Lessor or the Lessee, respectively.<br />
ARTICLE XIV – MAINTENANCE AND REPAIRS<br />
A. Lessee shall, at its sole expense and cost, throughout the term here<strong>of</strong> or any<br />
extension, keep and maintain the following in the demised premises: all fixtures, including<br />
electrical, doors, windows, floor and floor coverings, ceilings, walls, and interior paint surfaces<br />
in good order and repair, and in tenantable condition, damage by accidental fire and casualty<br />
and reasonable wear and tear, as defined in this Article excepted. Lessee will also be<br />
responsible for cleaning <strong>of</strong> the demised premises and rubbish removal.<br />
B. Lessor shall, at its sole expense and cost, throughout the term here<strong>of</strong> or any<br />
extension, keep and maintain the following in the demised premises: The building’s major<br />
structural components: ro<strong>of</strong>, structural walls, foundation, operating systems, including hearing,<br />
plumbing, and electrical systems except fixtures, exterior paint surfaces in good order and<br />
repair, and in tenantable condition, damage by accidental fire and casualty and reasonable wear<br />
and tear, as defined in this Article excepted. Lessor will also be responsible for maintenance <strong>of</strong><br />
parking areas, grounds landscaping, and snowplowing.<br />
C. The phrase “reasonable wear and tear” as used in Paragraphs A and B <strong>of</strong> this<br />
Article as an exception to the obligations <strong>of</strong> the parties shall not be construed to relieve the<br />
parties <strong>of</strong> their responsibility for providing repairs <strong>of</strong> a routine and regular nature which may<br />
from time to time be necessary within their respective areas <strong>of</strong> responsibility, nor <strong>of</strong> the<br />
obligation to provide maintenance to the demised premises <strong>of</strong> a nature and degree ordinarily<br />
sufficient to prevent damage, breakdown, failures, malfunctions or disrepairs.<br />
ARTICLE XV – UTILITIES<br />
Lessor shall pay the cost <strong>of</strong> the following utilities furnished and consumed on the<br />
demised premises: electricity, fuel oil, and water and sewer user fees. Lessee accepts all utility<br />
fixtures as they now exist. Lessee agrees to provide own secured phone and internet service.<br />
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ARTICLE XVI – REMOVAL OF PROPERTY<br />
A. Ownership <strong>of</strong> permanent improvements to the demised premises, which may<br />
from time to time be made by Lessee that are affixed to the property and are an integral part <strong>of</strong><br />
the operating systems <strong>of</strong> the structure as opposed to movable personal property, shall<br />
automatically vest in the Lessor as a consideration <strong>of</strong> the lease and rental schedule.<br />
B. Any movable personal property that may be located, erected or installed on the<br />
demised premises by Lessee from time to time during the term <strong>of</strong> this Lease shall remain the<br />
property <strong>of</strong> the Lessee, and, upon termination or expiration <strong>of</strong> this Lease, Lessee shall have the<br />
right to remove the same from the demised premises within thirty (30) days <strong>of</strong> said termination.<br />
Any such property not so removed within thirty (30) days from the date <strong>of</strong> termination, shall<br />
become the property <strong>of</strong> the Lessor be disposed <strong>of</strong> in such way as the Lessor may deem fit. In<br />
the event Lessee elects to remove said non-permanent improvements and other personal<br />
property, the demised premises shall be returned as near as possible to their original condition<br />
existing at the commencement <strong>of</strong> this Lease, damage by accidental fire and casualty and<br />
reasonable wear and tear excepted.<br />
C. In the event Lessee shall fail to remove any non-permanent improvements or<br />
other personal property within thirty (30) days from the date <strong>of</strong> termination or final expiration<br />
<strong>of</strong> this Lease, Lessor shall be entitled to recover from the Lessee, Lessor’s reasonable costs<br />
incurred in removing or disposing <strong>of</strong> such non-permanent improvements or personal property.<br />
In such event, there shall be deducted from Lessor’s costs the fair value to the Lessor actually<br />
realized from sale, use or other disposition <strong>of</strong> the particular improvements or personal property<br />
concerned.<br />
ARTICLE XVII SURRENDER OF POSSESSION<br />
Subject to the provisions contained in Article XVI, the Lessee shall, upon the termination<br />
<strong>of</strong> this Lease, surrender the quiet and peaceable possession <strong>of</strong> the demised promises.<br />
ARTICLE XVIII – UNITED STATES RIGHTS<br />
It is understood and agreed that title to the leased premises is in the <strong>City</strong> <strong>of</strong> <strong>Bangor</strong>,<br />
provided, however, that the leased premises are a part <strong>of</strong> <strong>Bangor</strong> International <strong>Airport</strong> and that<br />
this lease is specifically made subject to any rights the United States <strong>of</strong> America or any agency<br />
there<strong>of</strong> may have under any regulation, law, deed or other existing Agreement in or to the<br />
leased premises. Should the United States <strong>of</strong> America or any agency there<strong>of</strong> exercise any such<br />
rights in or to said premises, the exercise <strong>of</strong> such right or rights shall not be considered to be a<br />
breach by the <strong>City</strong> <strong>of</strong> any covenant or obligation hereunder. If the exercise <strong>of</strong> such right or<br />
rights by the United States <strong>of</strong> American or any agency there<strong>of</strong> makes impractical in Lessee’s<br />
sole opinion Lessee’s intended use <strong>of</strong> said premises, then Lessee shall have the right, at its sole<br />
option, to terminate this Agreement without further obligation to the Lessor except for such<br />
obligations as shall have been incurred and accrued prior to the exercise <strong>of</strong> said option.<br />
It is covenanted and agreed that:<br />
ARTICLE XIX – TERMINATION<br />
8
(1) If the Lessee shall neglect or fail to pay the rent or other charges payable<br />
hereunder and such default shall continue for a period <strong>of</strong> ten (10) days after written notice<br />
there<strong>of</strong> by Lessor; or<br />
(2) If Lessee shall neglect or fail to perform or observe any <strong>of</strong> the other covenants,<br />
terms, provisions, or conditioned on its part to be performed, or observed, and such neglect or<br />
failure shall continue for a period <strong>of</strong> thirty (30) days after written notice there<strong>of</strong> by Lessor, or if<br />
such covenants, terms, provisions or conditions cannot be performed <strong>of</strong> observed within said<br />
thirty (30) day period, if Lessee fails to diligently prosecute the curing the such neglect or<br />
failure; or<br />
(3) If the estate hereby created shall be taken on execution or by other process <strong>of</strong><br />
law; or<br />
(4) If any assignment shall be made <strong>of</strong> the property <strong>of</strong> the Lessee for the benefit <strong>of</strong><br />
creditors; or<br />
(5) If a receiver, guardian, conservator, or trustee in bankruptcy or other similar<br />
<strong>of</strong>ficer shall be appointed to take charge <strong>of</strong> all or any substantial part <strong>of</strong> the Lessee’s property<br />
by a Court <strong>of</strong> competent jurisdiction; or<br />
(6) If a petition shall be filed for a reorganization <strong>of</strong> the Lessee or if the lessee shall<br />
file a petition for reorganization or for arrangements under any provision <strong>of</strong> the Bankruptcy Act<br />
now or hereafter enacted.<br />
THEN, IN ANY OF SAID CASES OUTLINED ABOVE (notwithstanding any license <strong>of</strong> any<br />
former breach <strong>of</strong> covenant or waiver <strong>of</strong> the benefit here<strong>of</strong> or consent in a former instance), the<br />
Lessee may be considered in default hereunder, and the Lessor lawfully may, immediately or at<br />
any time thereafter, and without demand or notice, enter into and upon the said premises or<br />
any part there<strong>of</strong> in the name <strong>of</strong> the whole, and repossess the same as <strong>of</strong> the Lessor’s former<br />
estate, and expel the Lessee and those claiming through or under it and remove its or their<br />
effects (forcibly if necessary) without being deemed guilty <strong>of</strong> any manner <strong>of</strong> trespass, and<br />
without prejudice to any remedies which might otherwise be used for arrears <strong>of</strong> rent or<br />
preceding breach <strong>of</strong> covenant. Upon such entry, this Lease shall terminate, and the Lessee<br />
shall be liable to pay as rent, amounts equal to the several installments <strong>of</strong> rents and other<br />
charges reserved as would have become due under this Lease if this Lease had not been<br />
terminated or if the Lessor had not entered or reentered as aforesaid. Notwithstanding the<br />
foregoing, Lessee’s liability shall not exceed the difference, if any, between the rental which<br />
would have been due had there been no such termination, and the amount being received by<br />
Lessor as rent from any new tenant or occupant <strong>of</strong> said premises. In order to mitigate Lessee’s<br />
damage hereunder, Lessor agrees to make every reasonable effort to secure subsequent<br />
tenants, at a rental equal to the then prevailing local rate for the demised premises.<br />
ARTICLE XX ATTORNEY’S FEE<br />
The Lessee shall pay to the Lessor a reasonable attorney’s fee in the event the Lessor<br />
employs an attorney to collect any rent due hereunder and secures a judgment in connection<br />
9
with collection <strong>of</strong> said rent, or legal process is levied upon the interest <strong>of</strong> the Lessee in the<br />
Lease or in said premises, or in the event Lessee violates any <strong>of</strong> the terms, conditions or<br />
covenants on the part <strong>of</strong> the Lessee herein contained, provided also that Lessee shall have<br />
failed to promptly correct the violation <strong>of</strong> any term, condition or covenant after receipt <strong>of</strong> notice<br />
that it is in violation there<strong>of</strong>.<br />
In the event Lessor employs its <strong>City</strong> Solicitor or an assistant solicitor to collect rents or<br />
otherwise protect Lessor’s interests under this Lease, “reasonable attorneys fees” under this<br />
Article shall mean the reasonable cost <strong>of</strong> services provided by Lessor’s Solicitor or assistant<br />
solicitor, at the rate charged for similar services by private attorneys in the <strong>Bangor</strong> area.<br />
ARTICLE XXI – ASSIGNMENT, SALE AND SUBLETTING<br />
The Lessee shall not at any time assign, sell, convey or transfer this Lease or any<br />
interest therein, or sublease or sublet or rent the premises, or any part there<strong>of</strong>, without the<br />
prior written consent <strong>of</strong> the Lessor. In the event <strong>of</strong> an approved sublease, all provisions <strong>of</strong> this<br />
Lease shall extend to, bind and inure to the benefit <strong>of</strong> not only the Lessor and Lessee but also<br />
their successors and assigns.<br />
Lessee shall have the right to assign this Lease to any corporation with which it may<br />
have become merged, consolidated, or otherwise associated, or to any corporation or holding<br />
company having the controlling interest in the Lessee, or to any corporation which may be a<br />
subsidiary <strong>of</strong> the Lessee. In no event, however, shall the Lessee named herein be relieved from<br />
any obligations under this Lease by virtue <strong>of</strong> any such assignment or subletting.<br />
ARTICLE XXII – AUTHORITY TO ENTER INTO AGREEMENT<br />
The Lessor hereby represents and warrants that it has taken all necessary procedural<br />
and legal steps as required by federal, state, and local laws and regulations for the purposes <strong>of</strong><br />
authorizing the execution <strong>of</strong> this agreement and that execution <strong>of</strong> this agreement by the <strong>City</strong> <strong>of</strong><br />
<strong>Bangor</strong> <strong>City</strong> Manager renders this agreement a valid and binding document <strong>of</strong> the part <strong>of</strong> the<br />
Lessor and that the same is fully enforceable in all <strong>of</strong> its terms and conditions by the Lessee.<br />
Lessee hereby represents and warrants that it has taken all necessary procedural and<br />
legal steps as required by federal, state, and local laws and regulations, and all necessary<br />
corporate action to authorize the execution <strong>of</strong> this agreement by its undersigned corporate<br />
<strong>of</strong>ficers and that upon such execution this agreement is a valid and binding document <strong>of</strong> the<br />
part <strong>of</strong> the Lessee and that the same is fully enforceable in all <strong>of</strong> its terms and conditions by the<br />
<strong>City</strong> <strong>of</strong> <strong>Bangor</strong>.<br />
ARTICLE XXIII – WAIVER<br />
Failure on the part <strong>of</strong> the Lessor to complain <strong>of</strong> any action or nonaction on the part <strong>of</strong><br />
the Lessee no matter how long the same may continue, shall never be deemed to be a waiver<br />
by the Lessor <strong>of</strong> any <strong>of</strong> Lessor’s rights hereunder. Further, it is covenanted and agreed that no<br />
waiver at any time <strong>of</strong> any <strong>of</strong> the provisions here<strong>of</strong> by Lessor, shall be construed as a waiver <strong>of</strong><br />
any other provisions hereunder, and that a waiver at any time <strong>of</strong> any <strong>of</strong> the provisions here<strong>of</strong><br />
shall not be construed at any subsequent time as a waiver <strong>of</strong> the same provisions. The<br />
10
approval <strong>of</strong> Lessor <strong>of</strong> any action by the Lessee requiring the Lessor’s consent or approval shall<br />
not be deemed to waive or render unnecessary the Lessor’s consent or approval <strong>of</strong> any<br />
subsequent similar act by the Lessee.<br />
ARTICLE XXIV NOTICES<br />
Notices to the Lessor provided for in this Lease shall be sufficient if sent by registered or<br />
certified mail, return receipt requested, postage prepaid to:<br />
<strong>Airport</strong> Director, <strong>Bangor</strong> International <strong>Airport</strong>, 287 Godfrey Boulevard, <strong>Bangor</strong>, Maine 04401.<br />
Notices to Lessee are to be sent by registered or certified mail, return receipt requested,<br />
postage prepaid, addressed to:<br />
Maine Highlands, General Aviation Building 121, 188 Maine Ave., <strong>Bangor</strong>, Maine 04401<br />
Or to such other respective addresses as the parties may designate to each other in writing<br />
from time to time.<br />
ARTICLE XXV – INVALIDITY OF PARTICULAR PROVISIONS<br />
If any term or provisions <strong>of</strong> this Lease or the application there<strong>of</strong> to any person or<br />
circumstances is hereafter determined to be to any extent invalid or unenforceable, the<br />
remainder <strong>of</strong> this Lease or the application <strong>of</strong> such terms and provisions to persons or<br />
circumstances other than those to which it is held invalid or unenforceable shall not be affected<br />
thereby and such term and provision <strong>of</strong> this Lease shall be valid and be enforceable to the<br />
fullest extent permitted by law.<br />
ARTICLE XXVI – CONSTRUCTION<br />
The headings appearing in the Lease are intended for convenience and reference only,<br />
and not to be considered in construing this Lease.<br />
ARTICLE XXVII – NO PARTNEERSHIP OR JOINT VENTURE CREATED<br />
Nothing contained herein shall be deemed or construed as creating the relationship <strong>of</strong><br />
principal and agent or <strong>of</strong> partnership or <strong>of</strong> joint venture between the parties, it being<br />
understood and agreed that neither the method <strong>of</strong> computation <strong>of</strong> rent nor any other provision<br />
contained herein not any acts <strong>of</strong> the parties shall be deemed to create any relationship between<br />
the parties other than the relationship <strong>of</strong> landlord and tenant.<br />
ARTICLE XXVIII – GOVERNING LAW<br />
This Lease shall be governed exclusively by the provisions here<strong>of</strong> and by the laws <strong>of</strong> the<br />
state <strong>of</strong> Maine, as the same may from time to time exist.<br />
11
ARTICLE XXIX – AMENDMENT TO LEASE<br />
This Lease contains all the terms and conditions between the parties hereto and no<br />
alterations, amendments or additions hereto shall be valid unless in writing and signed by both<br />
parties hereto.<br />
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and<br />
year written above.<br />
CITY OF BANGOR<br />
Date: --------------------------<br />
_______________________<br />
Witness<br />
By: ___________________________<br />
Catherine Conlow<br />
Its: <strong>City</strong> Manager<br />
MAINE HIGHLANDS<br />
Date:<br />
Witness<br />
By: _____________________________<br />
Celeste Cota__________________<br />
Regional Grant Manager_________<br />
12
<strong>MEMORANDUM</strong><br />
<strong>To</strong>: <strong>Airport</strong> <strong>Committee</strong><br />
<strong>From</strong>: <strong>To</strong>ny Caruso, <strong>Airport</strong> Director<br />
CC: Cathy Conlow, <strong>City</strong> Manager<br />
Re: <strong>Airport</strong> Joint Use Agreement between United States <strong>of</strong> America and <strong>City</strong> <strong>of</strong> <strong>Bangor</strong><br />
Date: May 6, 2013<br />
Attached for your review and approval is a copy <strong>of</strong> a draft <strong>Airport</strong> Joint Use Agreement (AJUA)<br />
between the United States <strong>of</strong> America and the <strong>City</strong> <strong>of</strong> <strong>Bangor</strong>. Also included are the associated<br />
agreements for Snow & Ice Removal plan and the Memorandum <strong>of</strong> Agreement for Aircraft<br />
Rescue and Firefighting (ARFF) services. The AJUA is a ten (10) year renewal agreement, which<br />
previously expired in December 2009. The AJUA renewal term will be effective from December<br />
2009 through December 2019. While the AJUA has been due, all Parties involved have been<br />
operating under the same terms and responsibilities outlined in the previous agreement.<br />
The AJUA describes the roles and responsibilities <strong>of</strong> each Party in the operation <strong>of</strong> the airfield.<br />
As a joint use, civilian and military use airport, each Party will share duties and responsibilities.<br />
As an example, the 101 st Air Refueling Wing provides the aircraft rescue and firefighting<br />
services (ARFF) and the <strong>City</strong> provides all <strong>of</strong> the snow removal and grounds maintenance<br />
services. Since the expiration <strong>of</strong> the last agreement, the Department <strong>of</strong> Defense and the FAA<br />
have been in dispute concerning the inspections necessary during the annual FAA Part 139<br />
inspection. This has since been resolved through a National Part 139 Certification Alert issued<br />
by the FAA. This Alert covers the FAA safety inspections <strong>of</strong> joint use airport facilities using<br />
standard operating procedures for determining ARFF compliance with FAA Part 139<br />
requirements.<br />
The Snow & Ice Removal plan is referenced in the AJUA and describes the purpose and scope,<br />
responsibilities, and operations for all personnel involved in snow removal operations. The<br />
Memorandum <strong>of</strong> Agreement for ARFF services, also referenced in the AJUA, describes the<br />
procedures and documents required for determining compliance with FAA Part 139<br />
requirements.<br />
The <strong>City</strong>’s Legal Department has reviewed and approved the AJUA agreement, as well as the<br />
associated Snow & Ice Removal Plan and MOA for ARFF services. The <strong>Airport</strong> respectfully<br />
submits these for discussion and recommends approval.
SNOW AND ICE CONTROL PLAN<br />
FY12<br />
AIRPORT DEPARTMENT<br />
CITY OF BANGOR<br />
101 ARW - B.I.A. (ANG)<br />
Coordinated 13 October 2011<br />
OPR: 101 ARW/CE<br />
DISTRIBUTION:<br />
BIA FAA ARW/CC CES EMB DOC<br />
MXG LRS SE SFS MSG/CC MOCC<br />
USPFO for Maine MeARNG XP CP OSA<br />
LGRDX
TABLE OF CONTENTS<br />
SNOW AND ICE CONTROL PLAN<br />
A. GENERAL PLAN<br />
1. Tasked Agencies . . . . . . . . . . . . . . . . . 1<br />
2. Situation. . . . . . . . . . . . . . . . . . . . 1<br />
3. Mission . . . . . . . . . . . . . . . . . . . . 1<br />
4. Tasks for Participating Agencies . . . . . . . . . . . . . 1<br />
5. Administrative Matters . . . . . . . . . . . . . . . . 2<br />
6. Communications . . . . . . . . . . . . . . . . . 2<br />
A. PURPOSE AND SCOPE<br />
OPERATIONS PLAN FOR SNOW AND ICE REMOVAL<br />
1. References . . . . . . . . . . . . . . . . . . . 3<br />
2. General . . . . . . . . . . . . . . . . . . . . 3<br />
3. General Preparation for Snow Removal Season . . . . . . . . . 4<br />
4. Aircraft Movements . . . . . . . . . . . . . . . . . 4<br />
5. Ice Removal Procedures . . . . . . . . . . . . . . . . 5<br />
6. Operations Instructions . . . . . . . . . . . . . . . . 5<br />
7. Capability Statement . . . . . . . . . . . . . . . . . 5<br />
8. Snow Removal Maps . . . . . . . . . . . . . . . . . 5<br />
9. Plowing <strong>of</strong> Whiskey Ramp . . . . . . . . . . . . . . . 5<br />
10. Glideslope Areas . . . . . . . . . . . . . . . . . 6<br />
11. Exit Gate for Refueling . . . . . . . . . . . . . . . . 6<br />
SNOW REMOVAL PRIORITIES LISTING<br />
A. OPERATIONAL (<strong>Airport</strong>/<strong>City</strong> Crews) . . . . . . . . . . . . . 6<br />
1. Priority I . . . . . . . . . . . . . . . . . . . 6<br />
2. Priority II . . . . . . . . . . . . . . . . . . . 6<br />
3. Priority III . . . . . . . . . . . . . . . . . . . 6<br />
B. SUPPORT (101 CES) (Others) . . . . . . . . . . . . . . 6<br />
1. Priority I (101 CES) . . . . . . . . . . . . . . . . . 6<br />
2. Priority I (Others) . . . . . . . . . . . . . . . . . . 7<br />
3. Priority II . . . . . . . . . . . . . . . . . . . 7<br />
4. Priority III . . . . . . . . . . . . . . . . . . . 7<br />
Attachment I Snow Removal Equipment List<br />
Attachment II Snow Removal Supplies
SNOW AND ICE CONTROL PLAN<br />
A. GENERAL PLAN<br />
1. TASKED AGENCIES:<br />
a. 101 ARW, MeANG<br />
b. <strong>Airport</strong> Department, <strong>City</strong> <strong>of</strong> <strong>Bangor</strong><br />
2. SITUATION: The primary mission <strong>of</strong> the 101 ARW, MeANG necessitates the systematic<br />
and expedient removal <strong>of</strong> snow and ice from the active runway, taxiways, aprons, overruns<br />
and primary roads on a priority basis. A mutually supporting agreement between the<br />
MeANG and the <strong>Bangor</strong> International <strong>Airport</strong> will facilitate essential snow removal<br />
operations with the use <strong>of</strong> federal snow removal equipment within the civilian airport arena.<br />
3. MISSION: <strong>To</strong> provide effective and sustained operating conditions during the winter<br />
season in support <strong>of</strong> the 101 ARW, MeANG mission.<br />
4. TASKS FOR PARTICIPATING AGENCIES:<br />
a. The 101 ARW, MeANG will:<br />
1) Provide snow and ice removal equipment from within MeANG resources to be<br />
operated by MeANG and <strong>City</strong> <strong>of</strong> <strong>Bangor</strong> personnel. See Attachment II, Snow<br />
Removal Equipment List, and Attachment III, Snow Removal Supplies.<br />
2) Provide annual refresher training for all <strong>City</strong> operators according to AFI 32-1002,<br />
3.1.1. Provide formal training for new <strong>City</strong> operators.<br />
3) Maintain and service MeANG federal snow removal equipment.<br />
4) Provide equipment operators for MeANG support areas.<br />
5) Provide federal snow removal equipment to be called into use on airfield<br />
pavements whenever and however the <strong>City</strong> <strong>of</strong> <strong>Bangor</strong> <strong>Airport</strong> Department directs in<br />
accordance with this plan and established priorities.<br />
6) Provide equipment to be used on streets, parking areas, etc. which will be called<br />
into use by the 101 ARW, MeANG.<br />
7) Provide funding for urea, glycol, sand used by the <strong>City</strong> <strong>of</strong> <strong>Bangor</strong> when plowing<br />
MeANG exclusive use airfield pavements. Cost will be negotiated between the<br />
MeANG and <strong>City</strong> <strong>of</strong> <strong>Bangor</strong>.<br />
8) Provide funding for poly blades, broom cores, and cutting edges used by the <strong>City</strong><br />
<strong>of</strong> <strong>Bangor</strong> when plowing MeANG exclusive use airfield pavements. Cost will be<br />
negotiated between the MeANG and <strong>City</strong> <strong>of</strong> <strong>Bangor</strong>.<br />
9) Provide fuel for federal snow removal equipment operations.<br />
10) Hold a snow and ice control plan pre-season meeting between 1 September<br />
and 15 October and a post-season meeting between 15 April and 31 May.<br />
11) Review this plan annually and revise as necessary.<br />
1
. <strong>City</strong> <strong>of</strong> <strong>Bangor</strong> <strong>Airport</strong> Department will:<br />
1) Provide trained snow and ice removal equipment operators, in accordance with<br />
AFI 32-1002 3.1.1, and MeANG requirements for training.<br />
2) Ensure an adequate level and type (comprehensive and indemnity) <strong>of</strong> insurance<br />
is maintained on the federal snow removal equipment and for incidents likely to<br />
occur. Pro<strong>of</strong> <strong>of</strong> such insurance shall be provided to the undersigned.<br />
3) Assign a qualified supervisor to control and assume responsibility for:<br />
a) Snow and ice removal operations on the airfield pavements.<br />
b) The conduct and performance <strong>of</strong> equipment operators.<br />
c) Daily preventive maintenance and operator checks and handling <strong>of</strong><br />
equipment.<br />
d) Snow removal equipment is “topped <strong>of</strong>f” with fuel after each use.<br />
e) Reporting immediately any damage or accidents involving federal snow<br />
removal equipment to 101 Vehicle Maintenance, 404-7259.<br />
f) Providing list <strong>of</strong> equipment operators to 101 CES and 101 SFS.<br />
4) Conduct snow and ice removal operations for all airfield pavements located on the<br />
<strong>Bangor</strong> International <strong>Airport</strong> according to this plan.<br />
5) Compensate and/or reimburse MeANG for any and all repairs to damaged<br />
equipment caused by negligence.<br />
6) Attend both the pre- and post-season snow and ice control plan meetings.<br />
5. ADMINISTRATIVE MATTERS:<br />
a. Each agency will receive a copy <strong>of</strong> this plan.<br />
b. Agencies participating in snow and ice removal will operate within these instructions<br />
following the specific courses <strong>of</strong> action specified herein. If conditions require review to<br />
effect a change <strong>of</strong> procedures during the winter season, such changes must be<br />
provided in writing before they become binding.<br />
c. Each agency will review this plan annually and revise as necessary.<br />
6. COMMUNICATIONS: Snow removal supervisors and crews will maintain<br />
communications with tower operators at all times during snow and ice removal<br />
operations via radio/cell phone.<br />
a. Runways, Taxiways, Ramps, Aprons, etc.:<br />
1) During and after normal duty hours, ANG flight line supervision will communicate<br />
directly with airport super- vision to coordinate snow removal. Flight line chief will<br />
then notify Command Post and the MOC. <strong>City</strong> shifts during snow removal<br />
operations are 0700 – 1900 for first shift, 1900 – 0700 for second shift. Flight line<br />
chief will be responsible for issuing a launch time sheet to the <strong>City</strong>.<br />
b. Base Roads, Alert Route (when applicable), Parking Areas, etc.:<br />
2
1) During normal duty hours, requests are to be made to CES Force Management<br />
(Ext. 7303) for snow removal operational requirements.<br />
2) After normal duty hours, personnel shall contact either the Command Post, OSA<br />
or CSC when it is determined that snow removal is required, the Command Post or<br />
OSA will then notify the Base Fire Department who will contact CES Pavement and<br />
Grounds personnel scheduled for that particular date.<br />
c. Contact Numbers:<br />
1) CE Force Management 404-7303<br />
2) Fire Department Admin 404-7235<br />
3) MOC 404-7221<br />
4) Command Post 404-7788<br />
5) <strong>City</strong> Dispatch 992-4623 Ext. 330<br />
6) Security Police (CSC) 404-7311<br />
7) Vehicle Ops 404-7259<br />
8) Base Operations (OSA) 404-7232<br />
OPERATIONS PLAN FOR SNOW AND ICE REMOVAL<br />
A. PURPOSE AND SCOPE: <strong>To</strong> establish procedures and outline responsibilities for all<br />
personnel involved in snow removal operations.<br />
1. REFERENCES: AFI 32-1002, Snow and Ice Control.<br />
2. GENERAL: Snow and/or ice removal operations will normally begin after instructions are<br />
received from the airport manager, when the snow accumulation reaches a depth <strong>of</strong> one<br />
inch, or the 101 ARW Commander determines such operations are required.<br />
a. <strong>City</strong> <strong>of</strong> <strong>Bangor</strong> <strong>Airport</strong> Manager:<br />
1) Is responsible for overall conduct <strong>of</strong> snow and ice removal operations on all<br />
airfield pavements.<br />
2) Coordinates all matters related to snow removal operations with the Wing<br />
Commander, 101 ARW.<br />
3) Retains control <strong>of</strong> snow removal equipment operations and establishes a shift<br />
schedule for conducting effective operations.<br />
4) Is responsible for selecting capable supervisors to conduct operations.<br />
5) Is responsible for insuring that snow/ice is removed from aircraft operational<br />
ramps, used by the MeANG, adequately to meet MeANG safety requirements<br />
as determined by the 101 ARW Safety Office.<br />
6) Is responsible to furnish a list <strong>of</strong> snow removal personnel and social security<br />
numbers to the 101st Security for access to Aircraft Parking Areas.<br />
7) Arranges with 101st Vehicle Operations for training on Snow Removal Equipment.<br />
3
. Wing Commander, 101 ARW, MeANG is:<br />
1) Responsible for establishing training programs for <strong>City</strong> <strong>of</strong> <strong>Bangor</strong> Operators.<br />
2) Responsible for furnishing federal snow removal equipment to be used on airfield<br />
pavements.<br />
3) Responsible for storing and maintaining federal snow removal equipment and<br />
supplying fuel and oil to same.<br />
4) Responsible for snow and ice removal on all streets and vehicle parking lots that<br />
are used exclusively by the military.<br />
5) Responsible for fire lanes to unused military owned property.<br />
6) Fire hydrant access lanes on “Whiskey” Ramp, in priority order, determined by the<br />
ANG Fire Dept.<br />
c. <strong>Airport</strong> Department’s Snow Removal Supervisor:<br />
1) Supervises snow and ice removal operations on airfield pavements.<br />
2) Directs city snow removal operators.<br />
3) Effects coordination with 101 CES to ensure effective use <strong>of</strong> equipment,<br />
and procedures to minimize damage to equipment.<br />
4) Maintains contact with control tower and is the point <strong>of</strong> contact with regard to<br />
aircraft movement.<br />
5) Is responsible for strict compliance with 101 LS vehicle fuel/oil servicing and fuel<br />
pump-operating procedures.<br />
d. 101 CES Snow Removal Supervisor:<br />
1) Supervises snow and ice removal operations on military exclusive use areas.<br />
2) Directs 101 CES snow removal operators.<br />
3. GENERAL PREPARATION FOR SNOW REMOVAL SEASON:<br />
a. Markers will be installed on all obstacles and underground or surface mounted<br />
structures or facilities prior to the first snowfall. (Grates, cones, capping <strong>of</strong> runway<br />
lights, etc.).<br />
b. Snow removal equipment must be ready prior to the first snowfall.<br />
c. Material required for snow removal operations will be procured and stockpiled by 15<br />
September each year.<br />
d. A comprehensive training program will be developed and implemented so<br />
inexperienced equipment operators will be properly trained prior to beginning<br />
operations.<br />
e. Pre- and post-season snow and ice control plan meetings will be held to review<br />
lessons learned, snow removal priorities and other needs/issues,<br />
4. AIRCRAFT MOVEMENTS: The Control <strong>To</strong>wer will be the point <strong>of</strong> contact for movement<br />
<strong>of</strong> aircraft. The Control <strong>To</strong>wer will notify the Snow Removal Supervisor <strong>of</strong> impending aircraft<br />
4
movement sufficiently in advance to permit removal <strong>of</strong> ice and snow removal equipment<br />
from the active runway and taxiways.<br />
5. ICE REMOVAL PROCEDURES: Personnel responsible for removing and controlling ice<br />
on the Airfield shall follow procedures outlined in AFI 32-1002.<br />
(Refer to ht t p: / / af pubs. hq. af . mi l / pubf i l es/ af / 32/ af i 32- 1002/ af i 32-<br />
1002. pdf for latest edition)<br />
6. OPERATIONS INSTRUCTIONS: A minimum amount <strong>of</strong> snow and ice removal equipment<br />
is available at this site. Operators must use extreme caution in plowing near obstacles and<br />
pavement edges. Preventive maintenance procedures must be followed to ensure<br />
maximum life span for each piece <strong>of</strong> equipment. The operations supervisor must maintain<br />
close surveillance over equipment operations and correct deficiencies before they adversely<br />
affect this ice and snow removal equipment capacity.<br />
a. Air National Guard snow removal equipment (plows and blowers) MUST ONLY be<br />
used on paved surfaces. Serious damage to critical equipment can occur if these<br />
vehicles are operated on unpaved surfaces. The only piece <strong>of</strong> ANG equipment<br />
authorized in the glide slope area is a bulldozer.<br />
7. CAPABILITY STATEMENT: Adequate snow removal equipment, spare parts, ice removal<br />
chemicals, and equipment operators are on hand or projected to be on hand to accomplish<br />
the snow removal mission.<br />
8. SNOW REMOVAL MAPS: Copies <strong>of</strong> the color-keyed maps will be distributed by 101<br />
CES. Both large scale and small-scale copies are available.<br />
9. PLOWING OF WHISKEY RAMP: De-icing concerns necessitate a change to past snow<br />
removal procedures. The intent is to provide a “clean” snow free area should de-icing occur<br />
on the whisky ramp.<br />
a. Aircraft will remain in parking positions. Areas behind the aircraft will be plowed<br />
during or after the snowstorm depending on the city workload. The 101 st Pro<br />
Super/Expediter will coordinate aircraft movement as required for de-icing purposes.<br />
Each storm event presents unique challenges which make the Pro Super/Expediter the<br />
expert in determining the best course <strong>of</strong> action. Whiskey One and Two will both be<br />
cleaned <strong>of</strong> snow in front to allow aircraft taxi, and rear to allow de-icing trucks access to<br />
the aircraft for de-icing operations. These two aircraft parking spots are emphasized<br />
due to the nature <strong>of</strong> tasked missions. The 101 st Pro Super/Expediter will coordinate<br />
aircraft movement. The remaining Whiskey ramp will be cleaned <strong>of</strong> snow at a mutually<br />
agreed upon time.<br />
b. Flightline personnel will place fire bottles <strong>of</strong>f the nose <strong>of</strong> the aircraft to establish a<br />
plow line for drivers.<br />
c. Vehicles with a neoprene cutting edge will plow refueling pits and will plow over these<br />
pits while traveling in a northerly direction.<br />
d. Snow may be deposited on the east side <strong>of</strong> the ramp depending on the number <strong>of</strong><br />
aircraft parked.<br />
5
10. GLIDESLOPE AREAS: Bulldozer will be used to remove snow in this area.<br />
11. EXIT GATE FOR REFUELING: Snow removal vehicles will use gate 6 to access the<br />
ANG main base.<br />
SNOW REMOVAL PRIORITIES LISTING<br />
A. OPERATIONAL: (AIRPORT/CITY CREWS)<br />
1. PRIORITY I<br />
a) Primary Runway<br />
b) Pad, Run-Up, 33 & 15 Ends<br />
c) Parallel Taxiway<br />
d) Taxiways C, K, L, & M<br />
e) Designated alert aircraft parking spot (s)<br />
f) Whiskey Ramp (New KC-135 Parking Ramp)<br />
g) Pavement in front <strong>of</strong> Fire Station Bldg. 512<br />
h) North & South Overruns<br />
i) Glide slopes<br />
j) FAA Facility - North End Overrun<br />
k) Heavy Duty Ramp<br />
2. PRIORITY II<br />
a) Taxiway “B” to Army Guard Area<br />
b) Army National Guard Apron - Adjacent to Bldg. 260<br />
c) General Aviation Ramp<br />
3. PRIORITY III<br />
a) Remainder <strong>of</strong> MeANG Light Duty Ramp & Taxiway “C” (Hangar doors B-542, B-496)<br />
b) Remainder <strong>of</strong> Army National Guard Apron<br />
c) Ramps in front <strong>of</strong> Bldgs. 461, 462, 463 + 464<br />
d) Pavement at B.I.A. Maintenance Building<br />
e) Ramp access to Building 600.<br />
f) Helicopter Taxiway <strong>of</strong>f Taxiway “B” and Pad<br />
B. SUPPORT: (101 CES) (Others)<br />
1. PRIORITY I - 101st CES<br />
a) MAINEiac Ave. from Griffin Rd. to end (Taxiway “C”).<br />
b) Maran St. to include Gate 7 access from MAINEiac Ave. to and thru the Jet Fuel<br />
Storage area.<br />
c) Ashley Ave. from MAINEiac Ave. to Bldg 512 to include Fuller Road extension.<br />
d) Glenn Ave<br />
e) Bldg 512 access with minimum parking areas.<br />
f) Security Police Bldg. 491.<br />
g) Pesch Circle to 415 (minimum access)<br />
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h) Aircraft Taxiway from T/W “C” to Bldg. 542 -(When an aircraft is in the hangar) and<br />
access to equipment rooms.<br />
i) Clean drives to fire hydrants on Whiskey Ramp in priority order set by the Fire Dept.<br />
j) Bldg 540 – Drive <strong>of</strong>f T/W “C”.<br />
k) Access road from Charlie taxiway to Heavy Duty Ramp.<br />
l) De-ice pond valve access area<br />
2. PRIORITY I - Others<br />
a) Jet Fuel emergency shut-<strong>of</strong>fs on the East side <strong>of</strong> Whiskey Ramp shall be cleaned out<br />
by POL Personnel.<br />
3. PRIORITY II<br />
a) Bldg 491/518 parking area.<br />
b) Bldg 505 parking area, area “A” - South side <strong>of</strong> bldg and drive around.<br />
c) Bldg 510 - East end, area “A”.<br />
d) Bldg 515 - South side, area “A”<br />
e) Bldg 514 – GOV & POV Parking<br />
f) Bldg 515 - North side parking, area “C”<br />
g) Bldg 530 - POV parking area.<br />
h) Bldg 420 - North and East sides <strong>of</strong> Customer Parking, area “A”.<br />
i) Bldg 489 - POV parking, area “B”.<br />
j) Bldg 542 - POV parking area.<br />
k) Bldgs 541 and 540 - Northerly side <strong>of</strong> parking lot, area “A”.<br />
l) Pesch Circle with minimum parking for 425 & 523.<br />
m) Jet Fuel Storage area.<br />
n) Bldg 499 + 500.<br />
o) Bldgs 536, 537 & 538.<br />
p) Bldg 541 – Northern side drives.<br />
q) Bldg 510 – Parking area “B”.<br />
r) Bldg 486 – Parking areas.<br />
s) Bldg 417 – Parking areas.<br />
4. PRIORITY III<br />
a) Bldg 505 - Lower parking area, area “B”.<br />
b) Bldg 420 - Commercial delivery area.<br />
c) Bldg 420 - Customer parking, area “B”<br />
d) Bldg 425 - Enlarge customer parking.<br />
e) Bldg. 416 - Clean-up remaining areas.<br />
f) Bldgs 541 & 540 - Remaining areas <strong>of</strong> parking lot.<br />
g) Push back corners and clean-up <strong>of</strong> all areas.<br />
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This plan supersedes plan dated Oct 2010.<br />
_____________________________<br />
JOHN D’ERRICO, Col, MeANG<br />
Wing Commander<br />
____________________________<br />
REBECCA HUPP<br />
<strong>Airport</strong> Manager<br />
_______________________________<br />
DONALD LAGACE, Col<br />
USPFO for MAINE<br />
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Attachment I Snow Removal Equipment Listing<br />
VEHICLE REG NUMBER EQUIPMENT DESCRIPTION TYPE OF FUEL<br />
91D00542 Multipurpose Snow Blower Diesel<br />
91D00711 Multipurpose Snow Blower Diesel<br />
92D00420 Multipurpose Snow Blower Diesel<br />
92D00422 Multipurpose Snow Blower Diesel<br />
09D00249 Multipurpose Snow Blower Diesel<br />
09D00250 Multipurpose Snow Blower Diesel<br />
09D00272 Multipurpose Snow Blower Diesel<br />
00D00127 Snow Plow 45k Reverse Diesel<br />
01D00150 Snow Plow 45k Reverse Diesel<br />
01D00151 Snow Plow 45k Reverse Diesel<br />
02D00232 Snow Plow 45k Reverse Diesel<br />
04D00093 Snow Plow 45k Reverse Diesel<br />
05D00037 Snow Plow 45k Reverse Diesel<br />
05D00038 Snow Plow 45k Reverse Diesel<br />
06D00329 Snow Plow 45k Reverse Diesel<br />
07D00442 Snow Plow 45k Reverse Diesel<br />
09D00650 Snow Plow 45k Reverse Diesel<br />
09D00651 Snow Plow 45k Reverse Diesel<br />
02D00096 Snow Sweeper/Air Blast Diesel<br />
09D00240 Snow Sweeper/Air Blast Diesel<br />
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Attachment II SNOW REMOVAL SUPPLIES<br />
NOMENCLATURE STOCK # UNIT ISSUE OPERATING LEVEL REORDER LEVEL<br />
Blwr cutting edge 1795810 EA 3 2<br />
Blwr skid pad 2510-01-412-0172 EA 16 8<br />
Blwr chute cyl. 3040-01-443-0732 EA 2 1<br />
Blwr caster wheel 1993920 EA 2 1<br />
Blwr caster springs 2HL176 EA 6 3<br />
Plw cutting edger (Steel) 5/8x8x120 EA 20 10<br />
Plw cutting edger (Poly) PN-A-244 SET 3 1<br />
Plw scraper blade 5D-9558 EA 28 14<br />
Plw angle cylinder W9C070101A EA 2 1<br />
Plw lock pin assy. WYA05171 EA 6 2<br />
Plw roller assy. W4A06766 EA 6 2<br />
Plw roller pin W4P05934 EA 6 2<br />
Bolt 5/8-11x5 EA 200 100<br />
Bolt 5/8-11x.25 EA 200 100<br />
Washer,Lock 5/8 EA 200 100<br />
Nuts 5/8”NC EA 200 100<br />
Lock Nuts 5/8” EA 200 100<br />
Bolts ½”NCx1” EA 40 20<br />
Sweeper Refill 29-CP265224 SET 1 1<br />
Hydraulic Oil 9150-00-191-2772 DR 2 1<br />
NOTE: Equipment part levels are determined and maintained by Vehicle Maintenance. The above parts<br />
listing is the level that will be maintained through the snow season. Levels may be adjusted depending on<br />
the severity <strong>of</strong> the snow season.<br />
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