LAFB Agreement Revisions

City of El Mirage — Regular Meeting (2022-10-18)

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From: COTTON, KEVIN L GS-12 USAF AETC 56 CES/CEF <kevin.cotton.2@us.af.mil>  
Sent: Tuesday, April 5, 2022 6:48 AM 
To: Michael Long <mlong@elmirageaz.gov> 
Cc: WALLS, DARNELL S CMSgt USAF AETC 56 CES/CEF <darnell.walls@us.af.mil> 
Subject: Luke AFB Fire and Emergency Services MAA (El Mirage) 
 
Chief,  
Attached is a draft copy of the Auto Aid agreement between the City of El Mirage and Luke AFB.  I 
revised the agreement to add the indemnify and hold harmless clause back to the agreement (2).  In 
addition, the clause stating that Luke AFB FES will not support the request or use of firefighting foam off 
the installation except where DoD assets are involved is still in the agreement (3).  Can you coordinate 
with your legal office to have the review the revised agreement?  Please let me know if you have any 
questions, thank you.  
 
Revised Clauses: 
 
(2) Furthermore, El Mirage Fire Department agrees to indemnify and hold harmless the United States 
from any liability that may arise from any negligent actions or omissions committed by employees or 
representatives of the United States.  Likewise, El Mirage Fire Department agrees to indemnify and hold 
harmless the United States from any liability that may arise from the use of fire-fighting foams, 
chemicals, or other materials by the Air Force in providing fire protection services to the El Mirage Fire 
Department, which agreement to indemnify and hold harmless includes, but is not limited to, such uses 
that may result in hazardous substance exposure or pollution of or contamination to air, land, water, 
person or property or such uses that may result in response actions under CERCLA, RCRA, or any other 
federal, state, or local laws.  Notwithstanding any other provision of this Agreement, termination of this 
Agreement shall in no way affect El Mirage Fire Department’s obligation under this paragraph to 
indemnify and hold harmless the United States from any liability that may arise from either the 
negligent actions or omissions committed by United States employees or the use of fire-fighting foams, 
chemicals, or other materials by the Air Force in providing fire protection services to the El Mirage Fire 
Department, which obligation shall survive such termination. 
 
(3) Luke AFB FES will not support the request or use of firefighting foam off the installation except where 
DoD assets are involved and it is required for the expedient protection and mitigation of incidents 
involving DoD assets, life safety, and/or the preservation of property.   
 
v/r, 
Kevin L. Cotton, GS-12, DAF  
Deputy Fire Chief, 56 CES/CEF 
Luke AFB Fire & Emergency Services 
☎DSN: 896-7425 
☎Comm: 623-856-7425 
☎Cell: 850-499-1137