From: KING, JACOB D GS-14 USAF AFMC 788 CES/CEXF <jacob.king@us.af.mil>
Sent: Monday, November 7, 2022 2:51 PM
Subject: Cease off-installation use of Aqueous Film Forming Foam (AFFF) for mutual aid

***Please pass this information to your group lists.***

All,

Based on the attached Policy Memo, the Greater Dayton Area Fire Chiefs
Mutual Aid Agreement does not include required language for Wright-Patterson
AFB Fire Department to respond to your jurisdiction to utilize AFFF Foam.
The highlights of the memo are:
Under the authority in Air Force Mission Directive 1-38, section A1.92, I am
directing installations to immediately cease off-installation use of Aqueous
Film Forming Foam (AFFF) for mutual aid. The exception is for mutual aid
agreements that meet all three of the following criteria:
1) include the specific indemnity clause in AFI 32-2001, Fire and Emergency
Services Program, dated 28 Sep 18, Attachment 2, Figure A2.1, paragraph f.,
2) the installation judge advocate reviewed the agreement and determined the
indemnity clause was legally sufficient
3) the agreement is signed by the installation commander and an authorized
public or government official of which the agreement is made with said
community.

The key wording that a department and/or legal team would need to approve
covers the following information:

2. Furthermore, under the authority of 42 U.S.C. § 1856a, and pursuant to
any applicable state or local IAW each Party hereby reserves the right to
seek reimbursement from the other for all or any part of the costs (defined
as additional firefighting costs over normal operational costs) incurred by
it in providing fire protection services to the other Party in response to a
request for assistance. Furthermore, Fire Dept.  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 XXXX Fire Dept. , 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 XXXX Fire Dept.'s
obligation under this paragraph 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 XXXX Fire Dept., which obligation shall survive
such termination.

If you are interested in signing a mutual aid Agreement for the use of AFFF
please respond to me and Deputy Chief Jeffrey Kitzmiller by 1 December 2022,
and we will send you the full agreement.  We will still respond to all
requests for Mutual Aid under the Greater Dayton Area Mutual Agreement as we
do today, this is only for the use of AFFF.

Contact info:
Jacob King
Jacob.king@us.af.mil

Jeffrey Kitzmiller
Jeffrey.kitzmiller@us.af.mil

If you have any questions, please don't hesitate to reach out to me.

Very Respectfully,

Jacob D.King

Jacob D King, Fire Chief
Fire & Emergency Services
Wright-Patterson AFB
5180 Skeel Ave.
WPAFB, Ohio 45433
Comm: 937-904-3165 - DSN: 674-3165
Cell: 937-750-8316 - Fax:  937-656-1169

" Diversity is our strength; inclusion is where we turn that strength into
power" Patrick Miller, Colonel, USAF

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