Loading...
HomeMy WebLinkAbout5D - SMSC Fire - REMOVED CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: February 2,2004 AGENDA #: 5D PREPARED BY: Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION ENTERING INTO A FIRE DEPARTMENT MUTUAL AID AGREEMENT WITH THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY. DISCUSSION: History: The City of Prior Lake Volunteer Fire Department has historically provide~ firefighting services to the community. Within the last 24 months, the Community has established their own department. They are now responding to all of their own alarms. Our department is doing the same. Current Circumstances: While a Supreme Court ruling indicates that Prior Lake must provide the same level of service to the SMSC as it does to the rest of the city, this relationship has been voluntarily modified through a mutual aid agreement. The attached mutual aid agreement provides that the Prior Lake Fire Department will respond to SMSC alarms only as requested. The mutual aid agreement is modeled after the agreement in place between many Scott County and Dakota County municipalities. Rather than entering into the agreement with many municipalities, the SMSC prefer to have an agreement only with Prior Lake. I believe they will enter into a similar agreement with the City of Shakopee as well. Conclusion: The proposed mutual aid agreement eliminates much of the present duplication but assures that there is back up provided for more significant incidents. ISSUES: Chief Sames has been concerned about the fact that the Supreme Court has found that Prior Lake must provide services to the SMSC but the mutual aid agreement modifies this obligation. The attorney for the SMSC prepared the agreement and the City Attorney has reviewed the agreement and both find it acceptable. ALTERNATIVES: (1) Motion and Second to adopt the attached resolution approving the mutual aid agreement. Take no action and request additional information. (2) RECOMMENDED MOTION: Alternative (1). www.cityofpriorlake.com 1:\CQUNCIL\AGNRPTS\2004\SMSC 'PR&M~~9l~~ / Fax 952.447.4245 RESOLUTION 04-XX 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 A RESOLUTION AUTHORIZING THE EXECUTION OF A MUTUAL AID AGREEMENT WITH THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY FOR FIRE AND RESCUE SERVICES. Motion By: Second By: WHEREAS, the City has a legal duty to provide police, fire, rescue and other municipal services to the Shakopee Mdewakanton Sioux Community (SMSC) within its City limits on the same basis that municipal services are provided throughout the City; and WHEREAS, the SMSC has voluntarily created, trained, and provided for a separate Fire Department for responding to fire, rescue and emergency services within the SMSC; and WHEREAS, the SMSC and City desire to enter into an agreement to lend mutual aid fire and other emergency services for the safety, health and welfare of the people of their respective governmental units during times of emergency; 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 Mutual Aid Agreement for fire and rescue services between the Shakopee Mdewakanton Sioux Community and the City of Prior Lake, as approved by the City Attorney. PASSED AND ADOPTED THIS 2ND DAY OF FEBRUARY, 2004. 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 SHAKOPEE MDEWAKANTON SIOUX (DAKOTA) COMMUNITY AND CITY OF PRIOR LAKE FIRE DEPARTMENT MUTUAL AID AGREEMENT This Agreement is entered into this 1st day of January, 2004, by and between the Shakopee Mdewakanton Sioux (Dakota) Community, a federally recognized Indian tribe (referred to as the "Community"), and the City of Prior Lake in the State of Minnesota (referred to as the "City"). WHEREAS, the Community and the City desire to enter into an agreement to lend mutual aid fire and other emergency services for the safety, health, and welfare of the people of their respective governmental units during times of emergency, subject to the terms and conditions prescribed in this Agreement; and WHEREAS, the City has a legal duty to provide police, fire, rescue and other municipal services to Community residents within its City limits on the same basis upon which municipal services are provided to the City's other citizens; and WHEREAS, the City is authorized to enter into this Agreement under Minnesota Statute 438.08 and the Community is authorized by its Constitution to enter into this Agreement. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Purpose Of Mutual Aid. In the event of any fire or other emergency, the Parties to this Agreement shall cooperate in an effort to provide each other with fire or other emergency services attached to the parties' Fire Departments when necessary, subject to the terms and conditions prescribed in this Agreement. The Parties shall provide all reasonable and necessary cooperation and assistance so as to facilitate the performance of this Agreement. 2.' Definitions. A. "Primary department" refers to the fire department with jurisdiction to respond to a fire or other emergency. When the fire or other emergency is on any Community lands the Community shall be the primary department even though the City's fire department is obligated to respond to a fire or other emergency on such lands located within the City's limits. B. "Outside department" refers to the fire department that is lending personnel anrl/c r equipment outside of its jurisdiction. When the fire or other emergency is 011 any Community lands the City shall be the outside department even though the City's fire department is obligated to respond to a fire or other emergency on such lands located within the City's limits. C. "Fire chief' refers to the fire chief, the director of public safety, or commanding officer of the fire department, or such other individual as the Community or City may from time to time designate. D. "Fire or other emergency service" refers to personnel and/or equipment attached to a Parties' Fire Department. 3. Agreement Does Not Affect Current Responsibilities And Duties. Each department is responsible to provide fire or other emergency services within its jurisdiction and/or to request aid from the outside department. An outside department's provision of personnel and/or equipment to the primary department does not affect the primary department's duties and responsibilities. 4. When The City Is Obligated To Respond To An Emergency. The City acknowledges that it is has a legal duty to respond to a fire or other emergency when the emergency is on any Community lands within the city limits. By this Agreement, however, and in every instance, where a fire or other emergency arises on Community lands within the City's limits, the City shall act as the outside department. Only when the Community's fire department notifies the City's fire department that the City's personnel and/or equipment is needed to respond to an emergency shall the City be obligated to act. In deciding on any request for assistance, the outside department shall consider the needs of the primary department and the availability of resources. 5. The City's Discretion To Respond Beyond Its Jurisdictional Limits. In the event of a fire or other emergency beyond the city limits the City's fire department shall have the discretion to determine whether personnel and/or equipment shall be deployed to aid the Community's fire department with the emergency. 6. Chain Of Command When Lending Emergency Services. For purposes of determining chain of command when both the Community and the City are required to respond to an emergency, the Parties agree that the Community shall be the primary department to respond to an emergency on Community lands even when such lands are located within the City's limits. 2 The fire chief of the primary department shall be in command of all units responding from other governmental units, including outside departments, subject to any limitations provided in this Agreement. All commands and orders for the use of personnel and equipment by the fire chief of the primary department shall be made to the fire chief of the outside department. All personnel and equipment of an outside department shall be under the immediate command of the outside department's fire chief. When the emergency is beyond a fire department's jurisdictional or city limits, the fire chief, or other officer in charge, of such department shall have at all times the power to recall its personnel or equipment. 7. Jurisdiction. Nothing in this Agreement or the Parties' performance of this Agreement shall expand or limit the jurisdiction of either party. This Agreement does not authorize and prohibits one party from attempting to tax the other party. Nothing in this Agreement shall confer any power on any court or authority which that court or authority would not otherwise possess. 8. No New Legal Entity. No separate legal entity to conduct the cooperative undertaking established in this Agreement is being created by the parties. No real or personal property shall be acquired by the cooperative effort under this Agreement. 9. Personnel And Equipment. Neither Party shall be liable to reimburse the other Party for personnel and/or equipment utilized under this Agreement. Each Party shall be responsible for damages to or loss of its own equipment. The Parties agree that the mutual aid authorized by this Agreement constitutes sufficient consideration. The Parties agree that no Community employee shall be deemed a City employee and no City employee shall be deemed a Community employee. All workers' compensation claims of either party shall be governed by the workers' compensation law of each respective party. 10. No Assumption Of Liability. Neither Party nor its officers and employees shall be deemed to assume any liability for the intentional or negligent acts or omissions of the other Party 0:- the other Party's officers, agents, or employees. 11. Charges to the Outside Department. No charges will be levied by an outside department to this Agreement for assistance rendered to a primary department under the terms of this Agreement unless that assistance continues for a period of more than 48 hours. If assistance provided under this Agreement continues for more than 48 hours, the outside department will submit to the primary department an itemized bill for the actual cost of any assiStance provided after the initial 48 hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the primary 3 department will reimburse the party providing the assistance for that amount. Such charges are not contingent upon the availability of federal, state, or tribal funds. 12. Immunities. This Agreement and the Parties' performance under this Agreement shall not be construed to and does not limit or otherwise affect either Parties' governmental powers and immunities, including but not limited to the Community's sovereign immunity from suit except as herein provided. Any claim against the Community shall be subject to and governed by the Community's Tort Claims Ordinance (copy attached). Any claim against the City shall be subject to and governed by the Minnesota Municipal Tort Liability Act. 13. Term. The term of this Agreement shall be for one (1) year beginning on January 1, 2004, and ending on December 31, 2004, unless terminated earlier. This Agreement shall automatically renew for successive one-year periods, unless terminated earlier by either Party. 14. Termination. Either Party to this Agreement may at any time withdraw from further participation by giving 30 days prior written notice of termination to the other party. 15. Final Agreement. The provisions of this Agreement constitute the whole and entire agreement between the Community and the City and may be modified and altered only by mutual agreement. 16. Notice. Whenever notice or consent is required to be given under this Agreement, such notice or consent shall be reduced to writing, executed by authorized representatives, and delivered to the other party. Shakopee Mdewakanton Sioux (Dakota) Community City of Prior Lake By: <I?~y~~ ~. ;~~ C~".r-\~ ~ .J t\ '- I 7j..~ '-1 \ By: Its: Its: 4