Glynn County Fire Department 121 Public Safety Blvd BRUNSWICK, GEORGIA PHONE (912) FAX (912)

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1 A.L. Thomas Chief F.S. Wallace T.G. Dixon H.W. Herndon Deputy Chiefs Glynn County Fire Department 121 Public Safety Blvd BRUNSWICK, GEORGIA PHONE (912) FAX (912) To: Glynn County Board of Commissioners From: A.L. Thomas Chief Subject: Memorandum of Agreement (MOA) Date: August 21, 2009 R.L Marat Admin. Deputy Chief Captain of Training A.L. Robinson W.C. Knighten Fire Inspectors J.E. Johnson Fire Investigations/ Education W.N. Mann Captain of Rescue PROBLEM: The Airport Commission during its last FAA airport safety and certification inspection (June 2008) was instructed to begin looking for an alternate live burn training facility since the on-site burn pit does not meet current FAA standards. The fire department was allowed to conduct its annual live burn training at the burn pit in November 2008 since adequate time was not permitted to prepare and budget for an alternate site. The fire department usually conducts its live burn training in November of every year in combination with other airport familiarization training. Since then the burn pit has been dismantled. The closest FAA approved facility is at the Air National Guard facility in Savannah. The Air Guard has agreed to allow us to use this site to maintain the FAA required live burns for crash fire rescue (CFR). All other training will be done locally. The county attorney and air guard have both reviewed and approved the MOA. ALTERNATIVES: 1) Approve the Memorandum of Agreement with the Air Guard to utilize their live fire facilities in Savannah maintain CFR coverage for GLYNCO airport. 2) Look for other facilities elsewhere to meet these needs. RECOMMENDATION: It is the staff s recommendation that alternative 1 be approved and the Memorandum of Agreement be signed. RECOMMENDED MOTION FOR BOARD OF COMMISSIONERS: I move to approve the Memorandum of Agreement with the Air National Guard and authorize the chairman to sign the agreement as written.

2 MEMORANDUM OF AGREEMENT FOR USE OF THE SAVANNAH CRTC LIVE FIRE TRAINING FACILITY 1. PURPOSE: The purpose of this agreement is to provide the use of the Air National Guard LIVE FIRE TRAINING FACILITY located at the Combat Readiness Training Center (CRTC), Savannah International Airport, Georgia to Local, State and Federal Fire Protection agencies on a non-interference basis. GLYNN COUNTY FIRE DEPARTMENT, BY AND THROUGH THE GLYNN COUNTY BOARD OF COMMISSIONERS NAME OF AGENCY REQUESTING USE OF LIVE FIRE TRAINING FACILITY Department of Defense (DoD) has priority of use and use by other FIRE PROTECTION agencies is at the discretion of the CRTC Commander. 2. BACKGROUND: The Air National Guard (ANG) operates a Live Fire Training Facility and has historically provided use of this type facility to local fire protection agencies. This assistance is in the best interest of the ANG and the community. Agencies requesting the use of the facility do not currently have a live fire training facility available in the Savannah area. Failure to continue providing this support may affect the ability of fire protection agencies to provide adequate training to their personnel. 3. RESPONSIBILITIES: a. SAVANNAH CRTC will: (1) Provide utilities, and facility maintenance. (2) Provide full Liquefied Petroleum Gas (LPG) storage tanks prior to use. (3) Provide access to on base and local telephone service. (4) Make the facility available Monday through Friday (closed on federal holidays) on a non-interference basis. Department of Defense (DoD) has priority of use and use by fire protection agencies is at the discretion of the CRTC Commander. ANG will make the facility available for week-end use, if the agency can document why their requirement can not be met during the work week and consider requests for additional support as required. Week-end use by non ANG organizations will be approved by CRTC/CC. (5) Appoint a Noncommissioned Officer (NCO) as point of contact who will give a facility safety and procedures briefing prior to each use. Provide consent to hold harmless forms to agency conducting training, when required pursuant to paragraph 3 (b)(13).

3 (6) Discontinue this agreement when it is in the best interest of the ANG or directed by the CRTC commander or higher authority. b. FIRE PROTECTION AGENCIES will: (1) Ensure all participants in live fire training are briefed on ANG procedures, facility safety and emergency medical procedures. (2) To the extent allowed by Georgia law, assume all liability resulting from conducting live fire training while operating the ANG facility. Provide adequate safeguards during facility operation to ensure non-participants are denied access to training property and associated hazard zones. (3) To the extent allowed by Georgia law, assume responsibility for the repairs of any damage resulting from agency (identified in paragraph one) use of the ANG live fire facility. (4) Coordinate all media events conducted on Air National Guard property (owned or leased) with the CRTC in advance of the event. CRTC Commander is the approval authority for this action. (5) Ensure qualified instructors are present during facility operations to include ANG operators. (6) Ensure facility is in good condition before and after use. Report facility deficiencies to ANG point of contact. Clean up trash/debris and place in trash cans provided. (7) Provide consumable materials and safety equipment. (8) Refill Liquefied Petroleum Gas (LPG) tanks immediately upon completion of all training by using local LPG supplier. Cost of the fuel will be paid by the using agency without any cost to the ANG. (9) The user will not burn any other materials such as but not limited to: rubber products, plastics, heavy oils, or asphaltic based (or impregnated) materials due to the associated air emissions. (10) Forecast annual facility requirements in writing. A facility-scheduling meeting will normally be held in August for the following calendar year. (11) Prohibit use of Alcohol and Drugs while on ANG facility. (12) Discontinue this agreement when other fire training facilities become available or it is in the best interest of the Fire Protection Agency.

4 (13) Require all individuals not employed by the agency identified in paragraph one to sign individual consent to hold harmless agreements provided by the ANG liaison NCO prior to using the ANG facility. (14) To the extent allowed by Georgia law, agree not to hold the United States of America, the State of Georgia, the Georgia Air National Guard, or their officers, members, agents, or employees, responsible for any harm or injury, from any cause, which may befall any employee or person sponsored by the agency named in paragraph one related to or arising out of participation in these activities and hereby release said entities and persons from any liability relating thereto. The (agency identified in paragraph one) further agrees to indemnify and hold said entities and persons harmless from the claims or causes of action asserted by any other persons on behalf of any participant in activities conducted on the ANG facility, or in their own right, arising out of said participation or activities. 4. Environmental Protection (1) Within the limits of their respective legal powers, the parties to this MOA shall protect the premises against pollution of its air, ground and water. The user shall comply with any laws, regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, State, interstate or local government agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, state, interstate or local government agency are hereby made a condition of this MOA. The Grantee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. (2) The Grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the Grantee s activities, the Grantee shall be liable to restore the damaged resources. 5. SCOPE: This agreement applies to the Air National Guard Combat Readiness Training Center, Savannah IAP, Georgia and the fire protection or other governmental agency identified in paragraph one. 6. PERIOD OF EFFECTIVENESS: This agreement shall be effective immediately, when signed, for a period of five years. Provided, however, that either party may terminate this agreement without cause upon the giving of at least sixty (60) days advance notice to the other party. 7. LAW: This agreement shall be interpreted and construed under the laws of the State of Georgia.

5 8. SEVERABILITY: If any of the terms of this agreement shall be finally determined to be invalid or unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and effect, and be binding upon the parties hereto. The parties agree to reform this authorization to replace any such invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intention of the stricken provision. FOR THE AIR NATIONAL GUARD Floyd Harbin Colonel, GaANG Commander, CRTC FOR THE USING AGENCY Alan Jerome Clark Chairman, Glynn County Commission DATE: DATE:

Glynn County Fire Department 121 Public Safety Blvd. BRUNSWICK, GEORGIA PHONE (912) FAX (912)

S. C. Gardner Interim Chief F.S. Wallace T.G. Dixon H.W. Herndon Deputy Chiefs Glynn County Fire Department 121 Public Safety Blvd. BRUNSWICK, GEORGIA 31525 PHONE (912) 554-7779 FAX (912) 279-3695 August