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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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