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HomeMy WebLinkAbout5B - Equipment Sharing CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: November 3,2003 AGENDA#: 58 PREPARED BY: Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF AN EQUIPMENT SHARING AGREEMENT WITH SCOTT COUNTY AND OTHER SCOTT COUNTY CITIES. DISCUSSION: History: Scott County cities and Scott County have established an organization entitled Scott County Association for Leadership and Efficiency (SCALE). The purpos~ of this group is to encourage cooperation between public entities in order to provide more cost-effective services to our constituents. One of the suggestions for cooperation was equipment sharing. Current Circumstances: The SCALE group requested that Scott County draft an agreement which could be executed by the member cities which addresses the process, procedures, conditions and liability issues associated with equipment sharing. Basically, the proposed agreement is very similar to the Fire Department joint powers agreement. The requesting City asks to use another City's equipment utilizing a form provided for that purpose. The owner of the equipment determines if the equipment is available. If the equipment is available, the owner may declare the equipment available but require that it provide the operator. If an emergency occurs, the loaning party may request immediate return of the equipment. Any requesting party agrees to pay any maintenance or repair costs resulting from their use of the equipment. A requesting City may not loan the equipment to another party. The requesting party must store the equipment in a safe location, re-fuel the equipment before returning it and may only use the equipmentfor a public purpose. The parties agree to carry appropriate insurance coverages and amounts and to indemnify one another. Each party is responsible for its own workerS compensation costs and any and all damages the equipment sustains. ISSUES: Some cities take a parochial view of their equipment. We have not at Prior Lake. To save taxpayer money, we have a long history of borrowing equipment to and from the SMSC, Savage and the School District. For example, we have less than 20 miles of gravel roads in Prior Lake. We have historically contracted with a private company to provide grader and operator. Now, whenever possible, we are attempting to borrow a grader. The result is elimination of the need to buy a grader which has the approximate cost of $125,000. ALTERNATIVES: The Council has the following alternatives: 1. Adopt a Resolution authorizing the Mayor and City Manager to execute the attached Joint and Cooperative Agreement for Equipment Sharing. 2. Take no action. www.cityofpriorlake.com 1:\COUNCIL\AGNRPTS\2003\EQUIP~t:!?;~~.1~0 / Fax 952.447.4245 . , . 1[" RECOMMENDED MOTION: Alternative 1. Prior Lake will be the first to adopt this agreement. Since other communities may make non-substantive changes, we would like the Council's authority to adopt the agreement with the understanding that if there are significant revisions, the document will be referred back to the City Council. The City Attorney would determine if the changes are substantive. I:\COUNCIL \AGNRPTS\2003\EQU I PMENT SHARING. DOC II . F'II RESOLUTION 03-XX 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 A RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT AND COOPERATIVE AGREEMENT FOR THE SHARING OF EQUIPMENT. Motion By: Second By: WHEREAS, the City of Prior Lake is a member of the Scott County Association for Leadership and Efficiency which was created to promote cooperation between its members; and WHEREAS, considerable money can be saved if cities share equipment with one another to deliver public services; and WHEREAS, S.C.A.L.E. has proposed and recommended that its members enter into a joint powers agreement pursuant to Minnesota Stat. Chapter 471.59; and WHEREAS, the City Council believes it is in the public interest to enter into such an 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 sharing of equipment between Scott County and Scott County municipalities on behalf of the City of Prior Lake, as approved by the City Attorney. PASSED AND ADOPTED THIS 3rd DAY OF NOVEMBER, 2003. YES NO Haugen Haugen Blomberg Blomberg LeMair LeMair Petersen Petersen Zieska Zieska City Manager, City of Prior Lake www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 . I . " - . EQUIPMENT SHARING AGREEMENT I. General Purpose This Agreement is made by and between the County of Scott, [participating cities to be listed], all municipal corporations within the State of Minnesota. The intent of this Agreement is to create a system for the sharing of equipment and other resources available to political subdivisions within Scott County, Minnesota with other political subdivisions within said County. This agreement pertains to non-emergency conditions. Emergency conditions are governed by the Law Enforcement Mutual Aid Pact, pursuant to Minn. Stat.~ 471.59, II. Definitions For purposes of this Agreement, the terms defined in this section shall have the following meamngs: 1) "Automobile" means a land motor vehicle, trailer, or semi-trailer designed for travel on public roads. 2) "Party" means a political subdivision that is a party to this Agreement. 3) "Eligible Party" means a political subdivision that is entitled to become a party to this Agreement, at its own option. The eligible parties are the cities of Belle Plaine, Elko, Jordan, New Prague, Prior Lake, Savage, and Shakopee and the County of Scott, all of the State of Minnesota. 4) "Mobile Equipment" means land vehicles not licensed for road use. 5) "Requesting Party" means a party that requests equipment from other parties to the agreement. 6) "Responding Party" means a party that provides equipment owned by, or otherwise under the legal control of, the party to a Requesting Party. 7) "Requesting Official" means the person designated by a party who is responsible for making the request to other parties. 8) "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party should provide equipment to a Requesting Party. . I ... r-:. III. General Provisions and Procedure 1) Procedure a) Request for Equipment. Whenever, in the opinion of a Requesting Official, there is a need for equipment from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish equipment. b) Response to Request. Upon the request for equipment from a Requesting Party, the Responding Official may authorize and direct his or her party's personnel to provide equipment to the Requesting Party. This decision will be made after considering the needs of the Responding Party and the availability of resources. c) Operator of Equipment. Whenever the Responding Party determines that the Requesting Party does not have personnel qualified or capable of properly operating the requested equipment, the Responding Party may specify that the equipment be lent only if an operator of the Responding Party's choosing is the sole party that will operate the equipment. d) Forms. Upon a need for equipment, the Intergovernmental Equipment Sharing Request Form, attached as Exhibit A and hereby incorporated, shall be completed by the authorized representative of the Requesting Party. e) Recall of Equipment. The Responding Official may at any time recall such equipment when in his or her best judgment, or by order of the governing body of the Responding Party, it is considered to be in the best interest of the Responding Party to do so. 2) General Provisions. a) The decision to request equipment, along with the procedure for making such requests, and the decision to respond or not to respond, shall be made in accordance with the internal rules and procedures of the individual parties. Failure to provide equipment shall not result in any liability to any party. b) Notwithstanding the above, the parties agree the following statement of procedures will be included in the various parties' internal rules and procedures: i) The provisions of this agreement are in place for the entire time equipment is away from the Responding Party's control, regardless of weather, but not for lost time due to mechanical failure, unless the mechanical failure was caused by the Requesting Party or by activities under the control of the Requesting Party. Page 2 of8 . I . JrI ii) The Requesting Party agrees to payor provide to the Responding Party any routine maintenance required to operate the equipment. Routine maintenance would include fuel, lubricants (grease, oil, or other fluids), repair of a flat tire, etc. iii) The Requesting Party agrees to pay for repairs arising from equipment failures or damage to the equipment that are specifically attributable to any action of the Requesting Party. In situations of general failure of a given part or system on the equipment, a negotiation between the parties will determine who will pay for the repairs or any portion of the repairs. iv) It is the Requesting Party's responsibility to return disabled equipment to the site where it was taken from, or to a site designated by the Responding Party. v) Only employees of the Requesting Party may use borrowed equipment. Agents, contractors or other non-employee personnel will not be allowed to use borrowed equipment. vi) It is the R€?questing Party's responsibility to ensure borrowed equipment is stored in a safe place at any time it is under the Requesting Party's control and not being used. vii) It is the Requesting Party's responsibility to ensure the equipment is cleaned and all fuel and fluids are full before returning the equipment to the Responding Party. c) Borrowed equipment may only be used for public purposes; regardless of any partner agency's policy concerning private use ofpublic1y owned equipment. d) No use charges will be levied by a Responding Party to this Agreement for equipment rendered to a Requesting Party under the terms of this Agreement. e) It shall be the responsibility of the administrator of each of the parties to fully apprise the participating personnel of the procedures, conditions, and limitations under this Agreement, as well as any amendments hereto. IV. Insurance Each party shall maintain general liability and automobile liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims to the limits prescribed under Minn. Stat. S 466.04 and Workers' Compensation and shall be in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. Each party shall be knowledgeable oftheir respective coverage document with respect to borrowed equipment and shall notify the coverage provider, if applicable, of the use of borrowed equipment. Page 3 of8 II . 11-. V. Indemnification 1) All parties to this Agreement recognize each other as a political subdivision ofthe State of Minnesota. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the responding party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of equipment in responding to a request for equipment by the requesting party pursuant to this agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Municipal Tort Liability Act, Minn. Chap. 466, applicable to anyone party. The limits ofliability for some or all of the parties may not be added together to determine the maximum amount ofliability for any party. 2) The intent ofthis subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction, subject to the limits of liability under Minn. Stat. Chap. 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 3) No party to this Agreement nor any officer of any party shall be liable to any other party or to any other person for failure of any party to furnish equipment to any other party, or for recalling equipment, both as described in this Agreement. VI. Workers' Compensation Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing equipment pursuant to this agreement. VII. Physical Damage to Borrowed Equipment and Automobiles The Requesting Party shall be responsible for damages to or loss of equipment in its possession pursuant to this agreement. The Requesting Party shall follow all procedures required to ensure that insurance coverage or self-insurance is properly in place for all borrowed equipment. Page 4 of8 II - f T 111 VIII. Data Practices The parties agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13, as amended, and Minn. Rules promulgated pursuant to Chap. 13. Each party agrees to hold the other parties harmless from any claims resulting from an unlawful disclosure or use of data, by its respective personnel, protected under state and federal laws by its personnel. IX. Notice Notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the U. S. Postal Service, addressed to the attention of the City and County Administrators at the address of record. X. Amendment or Changes The parties agree that no change, amendment, or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as for this Agreement. XI. Entire Agreement It is understood and agreed that the entire agreement of the parties is contained in this Equipment Sharing Agreement and that it supersedes all oral agreements and negotiations between the parties relating to mutual aid, as well as any previous agreements presently in effect between the parties relating to mutual aid. Page 5 of8 II F . II . CITY OF SHAKOPEE CITY OF JORDAN By: By: Mayor Mayor City Administrator City Administrator Dated: Dated: Approved as to form: Approved as to form: City Attorney City Attorney IN TESTIMONY WHEREOF, the parties have executed this Equipment Sharing Agreement as of the date and year last signed below. CITY OF SHAKOPEE CITY OF JORDAN By: By: Mayor Mayor City Administrator City Administrator Dated: Dated: Approved as to form: Approved as to form: City Attorney City Attorney Page 6 of 8 II T . Jr.... CITY OF BELLE PLAINE By: Dated: Mayor City Administrator Approved as to form: City Attorney CITY OF PRIOR LAKE By: Dated: Mayor City Manager Approved as to form: City Attorney Page 7 of 8 I J CITY OF NEW PRAGUE By: Dated: Mayor City Administrator Approved as to form: City Attorney CITY OF SAVAGE By: Dated: Mayor City Administrator Approved as to form: City Attorney . n. CITY OF ELKO By: Dated: Mayor City Administrator Approved as to form: City Attorney Page 8 of 8 II COUNTY OF SCOTT By: Dated: Chair, Board of Commissioners County Administrator Approved as to form: ----r-- . . County Attorney II.