HomeMy WebLinkAbout5H - Fire Service Joint Powers
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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
CITY COUNCIL AGENDA REPORT
Octobe.r 20, 2003
5H
Frank Boyles, City Manager
CONSIDER APPROVAL OF A JOINT AND COOPERATIVE AGREEMENT FOR
THE USE OF FIRE PERSONNEL AND EQUIPMENT AND AUTHORIZING THE
MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT.
Historv: For the past few decades, fire departments in Scott County have been
part of a joint powers agreement intended to facilitate cooperation. During
particularly significant emergencies, the joint powers agreement spells out the
procedures, relationship, responsibilities and liabilities between departments as
they make equipment and personnel available to one another.
Current Circumstances: The existing joint powers agreement is dated and does
not include the Shakopee Mdewakanton Sioux Community. It is therefore
appropriate that a new agreement be drafted, reviewed and executed by the
parties. Savage took the lead in this effort and distributed a new agreement ot all
parties. The attorneys for each party have had the opportunity to review and
comment upon the agreement.
Conclusion: The revised joint cooperative agreement is now recommended by
staff for approval by the City Council.
The attached joint and cooperative agreement highlights the changes which have
been proposed. In essence, the agreement calls for the following:
1. Any party may ask any other party for help.
2. The party asked for help has the discretion to provide or withhold the
requested assistance.
3. Command of the scene where multiple parties are participating is the
responsibility of the requesting party.
4. Each party is responsible for its own workers compensation exposure.
5. All parties waive the right to recover damages from each other.
6. Each party is responsible for damage or loss of its equipment.
7. The parties agree to indemnify one another.
8. Unless assistance is greater than 48 hours in duration, each party is
responsible for its own costs.
9. The SMSC does not waive its sovereign immunity.
This document simply confirms procedures and practices that the participating
parties have been following for years. It also adds the SMSC now that they have
their own Fire Department.
16200 Eagie Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
1:\COUNCILIAGNRPTS\2003\FIRE JPA.DOC AN EQUAL OPPORTUNITY EMPLOYER
The adoption of this agreement fosters and strengthens partnerships which is
consistent with the 2020 Vision and Strategic Plan and with the goals of the Scott
County Association for Leadership and Efficiency (SCALE).
ALTERNATIVES: (1) Motion and Second to Approve the Joint and Cooperative Agreement for
Use of Fire Personnel and Equipment, and Authorize the Mayor and City
Manager to Execute the Agreement.
(2) Take no action and direct staff accordingly.
RECOMMENDED
MOTION: Alternative (1).
I :\COUNCI L IAGN RPTS\2003\F I RE JPA. DOC
RESOLUTION 03-XX
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE A JOINT AND COOPERATIVE SERVICE AGREEMENT
FOR FIREFIGHTING SERVICE.
Motion By:
Second By:
WHEREAS, the City of Prior Lake has traditionally participated in Joint and Cooperative Agreements
with surrounding communities in order to more effectively and economically provide
services; and
WHEREAS, Minnesota Statutes 471.59 authorizes the joint and cooperative exercise of powers to
contracting parties (Fire Departments) in order for local municipalities to provide
equipment, personnel, and facilities for the protection for all or part of each jurisdiction
when necessary, and in return to receive similar services when necessary due to demands;
and
WHEREAS, the existing Joint and Cooperative Agreement by and between the City of Prior Lake and
participating communities does not include the necessary language to obtain Federal
Emergency Act (FEMA) reimbursement in the event of a natural catastrophe or terrorist act;
and
WHEREAS, the Shakopee Mdewakanton Sioux Community has established a Fire Department and
wishes to participate in said joint and cooperative agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are hereby authorized to execute a Joint and Cooperative Agreement
for use of fire personnel and equipment as shown in the attached Exhibit A.
PASSED AND ADOPTED THIS 20th DAY OF OCTOBER, 2003.
YES
NO
Haugen Haugen
Blomberg Blomberg
LeMair LeMair
Petersen Petersen
Zieska Zieska
City Manager, City of Prior Lake
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
MUTUAL AID AGREEMENT
Joint
for Use
and Cooperative
of Fire Personnel
Agreement
and Equipment
THIS MUTUAL AID AGREEMENT is made and entered into as of this_____day of
,200 ("Agreement") between the CITY OF JORDAN, a Minnesota municipal
corporation; the CITY OF PRIOR LAKE, a Minnesota municipal corporation; the CITY
OF SAVAGE, a Minnesota municipal corporation; the CITY OF SHAKOPEE, a Minnesota
municipal corporation; the CITY OF BELLE PLAINE, a Minnesota municipal
corporation; the CITY OF NEW PRAGUE, a Minnesota municipal corporation; the CITY
OF NEW MARKET, a Minnesota municipal corporation; the CITY OF LAKEVILLE, a
Minnesota municipal corporation; and the SHAKOPEE MDEWAKANTON SIOUX COMMUNITY, a
sovereign nation (hereinafter collectively referred to as the "Parties").
Section 1: Purpose
Pursuant to Minnesota Statutes s4 71.59 (S. M. S. C' s powers are not common to
cities) which authorizes the joint and cooperative exercise of powers common to
contracting parties, the Parties wish to enter into this Agreement in order to
provide equipment, personnel and facilities for protection of all or part of
each others jurisdictions when necessary, and in return to receive similar
services when necessary due to service demands or resources. This Agreement is
intended to give each jurisdiction the authority to send its equipment and
personnel into the contracting jurisdiction. This Agreement shall be read in
conjunction with, and shall not invalidate any other Mutual Aid or Cooperative
Agreement the Parties are or will be a Party to. Let it be understood by all
parties that the S.M. S.C. is not subject to Minnesota State Statute 471.59, but
rather they are guided by Federal Liability Limits.
Section 2: Definitions of Terms
For the purpose of this Agreement, the terms defined in this section shall have
the meanings given them below:
Assistance includes but is not limited to the fire fighting and/or other
emergency services rendered by personnel attached to a Party's Fire Department
including equipment, fire investigators, fire inspectors, fire instructors,
training personnel and associated equipment and facilities.
City Party means a Minnesota municipal corporation.
Party means a Minnesota municipal corporation or sovereiqn nation named herein
and which has appropriately executed this Agreement.
Emerqency means a sudden and unforeseen situation requiring immediate action.
Requesting Party means a Party, that requests assistance from another Party.
Requesting O:f:ficia~ means the person designated by a Party who is responsible
for requesting assistance from other Parties.
Respondinq Party means a Party who provides assistance to a Requestinq Party.
Responding Official means the person designated by a Party who is responsible to
determine whether and to what extend that Party should provide assistance to the
Requesting Party.
Specia~ized Activities means non-emergency assistance including, but not limited
to, fire investigation, fire instruction, training and associated equipment and
facilities.
S.M.S.C.: refers to Shakopee Mdewakanton Sioux Community
Section 3: Execution and Termination
Upon the adoption of a resolution by its governing body authorizing
participation in this Agreement, an executed copy of this Agreement shall be
forwarded to each Party participating in this Agreement. The Agreement shall be
effective at such time that the Agreement is executed and a resolution is
adopted by all Parties (hereinafter "effective date"). This Agreement shall be
automatically renewed on the anniversary of the Effective Date each year. If an
individual Party wants to withdraw from the Agreement, said Party must provide
sixty days written notice to all other Parties of its intent to withdraw from
this Agreement. The original Agreement will continue under the same terms with
the remaining Parties.
Section 4: Procedure
1. Request for assistance. Whenever, in the opinlon of a Requesting Official,
there is a need for assistance from other parties, the Requesting Official may
call upon the Responding Official of any other Party to furnish assistance.
2. Response to request. Upon the request for assistance from a Requesting Party,
the Respondinq Official may authorize and direct his/her Party's personnel to
provide assistance to the Requesting Party. This decision will be made after
considering the needs of the responding Party, and the availability of
resources.
3. Recall of Assistance. The Responding Official may at any time recall such
assistance when in his or her best iudqment or by an order of the governing body
of the Responding Party, it is considered to be in the best interests of the
Responding Party to do so.
4. Command of Scene. The Requesting Party shall be in command of the mutual aid
scene. The personnel and equipment of the Respondlnq Party shall be under the
direction and control of the Requesting Party until the Responding Official
withdraws assistance.
Workers' Compensation
Each Party shall be responsible for iniurles or death to lts own personnel. Each
Party, will maintain workers' compensation insurance or self-insurance coveraqe,
covering its own personnel while they are providinq assistance pursuant to this
Agreement. Each Party waives the right to sue any other Party for any workers'
compensation benefits paid to its own employee or volunteer or their dependents,
even if the iniuries were caused wholly or partially by the negligence of any
other Party or its officers, employees, or volunteers.
Damage to Equipment
Each Party shall be responsible for damaqes to or loss of its own equipment.
Each Party waives the riGht to sue any other Party, for any damaGes to or loss
of its equipment, even if the damaqes or losses were caused wholly or partially
by the neGliGence of any other Party or its officers, employees, or volunteers.
Section 5: Liability
1. For the purposes of the Minnesota Municipal Tort Liability Act. (Minn. Stat.
5466), the employees and officers of the Respondinq City Party are deemed to be
employees (as defined in Minn. Stat. 5466,01. subdivision 6) of the Requestinq
Party. S.M.S.C. shall be sublect to Federal Liability Limits pursuant to Federal
Law.
2. The RequestinG City Party aqrees to defend and indemnify the RespondinG City
Party aGainst any claims brought or actions filed against the RespondinG City
Party or any officer, employee, or volunteer of the Responding City Party for
inlury to, death of, or damaGe to the property of any third person or persons,
arising from the performance and provision of assistance in responding to a
request for assistance by the Requestinq City Party pursuant to this Aqreement.
Under no circumstances, however, shall a City Party be required to pay on behalf
of itself and other city parties, any amounts in excess of the limits on
liability established in Minnesota Statutes 5466 applicable to anyone City
Party. The limits of liability for some or all of the city parties may not be
added tOGether to determine the maximum amount of liability for any City Party.
The intent of this subdivision is to impose on each Requestinq City Party a
limited duty to defend and indemnify a RespondinG City Party for claims arisinq
within the Requestinq City Party's lurisdiction sublect to the limits of
liability under Minnesota Statutes S466. The purpose of creatinq this duty to
defend and indemnify is to simplify the defense of claims aqainst mill tiple
defendants from a single occurrence to be defended by a sinqle attorney.
3. No City Party to this Aqreement nor any officer of any City Party shall be
liable to any other City Party or to any other person for failure of any City
Party, to furnish assistance to any other City Party, or for recallinq
assistance, both as described in this Aqreement.
Section 6: Charges to the Requestinq Party
1. No charqes will be levied by a Respondinq Party to this Aqreement for
assistance rendered to a Requestinq Party under the terms of this Aqreement
unless the assistance continues for a period of more than 48 hours or the
parties have previously agreed to certain charges. If assistance provided under
this Aqreement continues for more than 48 hours, the Respondinq Party will
submit to the Requesting Party an itemized bill for the actual cost of any
assistance provided after the initial 48 hour period, includinq salaries,
overtime, materials and supplies and other necessary expenses; and the
Requestinq Party will reimburse the Party providing the assistance for the
amount.
2. Such charGes are not continqent upon the availability of federal or state
qovernment funds.
Section 7: Effective Date
This Agreement shall be effective upon execution
shall substantiate that the necessary resolution
governing body of the executing Party.
by all Parties, which execution
has been adopted by the
Dated:
CITY OF JORDON
By:
Its Mayor
By:
Its City Administrator
STATE OF MINNESOTA)
)ss
COUNTY OF SCOTT )
Acknowledged before me this day of 200 , by
and , respectively the Mayor and City Administrator of the City
of Jordon, a Minnesota municipal corporation, on its behalf and through the power
granted by its City Council.
Notary Public
Dated:
CITY OF PRIOR LAKE
By:
Its Mayor
By:
Its City Administrator
STATE OF MINNESOTA )
)ss
COUNTY OF SCOTT )
Acknowledged before me this day of 200 , by
and , respectively the Mayor and City Administrator of the
City of Prior Lake, a Minnesota municipal corporation, on its behalf and through
the power granted by its City Council.
Notary Public
Dated:
CITY OF SAVAGE
By:
Its Mayor
By:
Its City Administrator
STATE OF MINNESOTA )
)ss
COUNTY OF SCOTT )
day of 200 , by
respectively the Mayor and City
Minnesota municipal corporation, on its
its City Council.
Administrator of
behalf and through
Acknowledged before me
and
the City of Savage,a
the power granted by
this
Notary Public
Dated:
CITY OF SHAKO PEE
By:
Its Mayor
By:
Its City Administrator
STATE OF MINNESOTA )
)ss
COUNTY OF SCOTT )
By:
City Clerk
day of 200 ,
respectively the Mayor and City
a Minnesota municipal corporation, on its
by its City Council.
by
Administrator of the
behalf and through
Acknowledged before
and
City of Shakopee,
the power granted
me
this
Notary Public
Dated:
CITY OF BELLE PLAINE
By:
Its Mayor
By:
Its City Administrator
STATE OF MINNESOTA )
)SS
COUNTY OF SCOTT )
Acknowledged before me this day of 200 , by
and , respectively the Mayor and City Administrator of the City
of Belle Plain, a Minnesota municipal corporation, on its behalf and through the
power granted by its City Council.
Notary Public
Dated:
CITY OF NEW PRAGUE
By:
Its Mayor
By:
Its City Administrator
STATE OF MINNESOTA )
)ss
COUNTY OF SCOTT )
Acknowledged before me this _____day of 200 , by
and , respectively the Mayor and City Administrator of
of New Prague, a Minnesota municipal corporation, on its behalf and
power granted by its City Council.
the City
through the
Notary Public
Dated:
CITY OF NEW MARKET
By:
Its Mayor
By:
Its City Administrator
STATE OF MINNESOTA )
)SS
COUNTY OF SCOTT )
Acknowledged before me this day of
and , respectively the
City of New Market, a Minnesota municipal
the power granted by its City Council.
200 ,by
Mayor and City Administrator of
corporation, on its behalf and
the
through
Notary Public
Dated:
SHAKO PEE MDEWAKANTON
SIOUX COMMUNITY
By:
Its
By:
Its
STATE OF MINNESOTA )
)SS
COUNTY OF SCOTT
Acknowledged before me this day of
and , respectively the
of the SHAKOPEE MDEWAKANTON SIOUX COMMUNITY,
granted by its Tribal Council.
200 , by
and
on its behalf and through the power
Notary Public
Dated:
CITY OF LAKEVILLE
By:
Its Mayor
By:
Its City Administrator
STATE OF MINNESOTA )
Iss
COUNTY OF DAKOTA )
Acknowledged before,
and
City of Lakeville, a
the power granted by
me this day of
, respectively
Minnesota municipal
its City Council.
200 , by
the Mayor and City Administrator of the
corporation, on its behalf and through
Notary Public