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Home My WebLink About5E - Fire Personnel and Equip. CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 June 7, 2004 5E Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF A JOINT AND COOPERATIVE AGREEMENT FOR THE USE OF FIRE PERSONNEL AND EQUIPMENT DISCUSSION: Historv: For well over a decade, the fire departments of Scott County have operated under the terms of a joint and cooperative agreement. The purpose of the agreement is to help fire departments to share personnel and equipment to address emergencies regardless of magnitude. Recently the cities who are party to the agreement, including Prior lake, adopted a new agreement under the auspices of the Scott County Association for leadership and Efficiency (S.C.A.L.E.). ISSUES: AL TERNATIVES: RECOMMENDED MOTION: Current Circumstances: Since the execution of the updated joint powers agreement, the Shakopee Mdewankanton Sioux Community began participating in SCALE. They have now asked to be a party to the agreement. Because of their somewhat unique legal status, some modifications were made to the agreement. I have attached a highlighted copy as well as a final copy for Council information. The City Attorney has reviewed the revisions and modifications were made as a result. Appropriate changes were made, therefore, approval and execution appear appropriate. (1) Adopt the revised joint and cooperative agreement for fire as part of the consent agenda. (2) Take no action and provide staff with direction. Alternative (1). www.cityofpriorlake.com 1:\COUNCIL\AGNRPTS\2004\FIRE A~~~~'9~2'51.~7.4230 / Fax 952.447.4245 MUTUAL AID AGREEMENT Joint and Cooperative Agreement For Use of Fire Personnel and Equipment THIS MUTUAL AID AGREEMENT is made and entered into as of the _ 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 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 MDEW AKANTON SIOUX (DAKOTA) COMMUNITY, a federally recognized sovereign Indian tribe natien (hereinafter collectively referred to as the "Parties"). Section 1: Purpose Pursuant to the authority vested in each City Party by Minnesota Statutes S 471.59 and ~ 438.08 (S.11.S.C.'s po'.v@rs are not common to citi@s) vlhich authorizes the joint and cooperative exercise of pO'.'"I@rs common to contracting parties, and the authority vested in the SMSC by Article V, Section l(a) of the Shakopee Mdewakanton Sioux (Dakota) Community Constitution, the Parties wish to enter into this Agreement in order to provide equipment, personnel and facilities for the 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 limited resources. +his ..\greement is intended to give such 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 to which the Parties are or may be a Party-te. L@t it be understood by all parties that the S.11.S.C. is not subj@ct to 11inn@sota State Statute 9 171.59, but rather they are guided by F@d@ral Liability Limits. Section 2: Definition 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 or non- emergency services rendered by personnel attached to a Party's Fire Department including the use of Parties' equipment, fire investigators, fire inspectors, fire instructors, training personnel and associated equipment and facilities. Party means the cities which are signatories to this Agreement and the a 11inn@sota municipal corporation or sO'l@f@ign nation nam@d h@f@in Shakopee Mdewakanton Sioux (Dakota) Community, also a signatory to this Agreement. Emer~ency means a sudden and unforeseen situation requiring immediate action. Requestin~ Party means a Party, that requests assistance from another Party(ies). ON: 216555 Requestinf{ Official means the person designated by a Party who is responsible for requesting assistance from another Party(ies). Respondinf{ Party means a Party who provides assistance to a Requesting Party. RespondinJ! Official means the person designated by a Party who is responsible to determine whether and to what extent that Party should provide assistance to the Requesting Party. S.M.S.C. refers to the Shakopee Mdewakanton Sioux (Dakota) Community. Section 3: Execution and Termination The governing body of each City shall adopt a resolution authorizing participation in and execution of this Joint and Cooperative Agreement for use of Fire Personnel and Equipment. I!! the case of the SMSC, its Business Council shall authorize participation in and execution of this Agreement. This Agreement m~YoQ~~~!.~suted in multiple copies which together shall form a fully executed Agreement. An executed copy of this Agreement shall be forwarded to each Party participating in this Agreement. The Agreement shall be effective upon execution by all Parties (hereinafter "Effective Date"). This Agreement shall be automatically renewed on the anniversary of the Effective Date each year. If a Party wants to withdraw from the Agreement, said Party must provide sixty (60) days' written notice to all other Parties of its intent to withdraw from this Agreement. The original Agreement will continue under the terms with the remaining Parties. Section 4: Procedure 1. Request for Assistance. Whenever, in the opinion 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 Responding Official may authorize and direct his/her Party's personnel to prQvide 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 ludgment 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 Responding 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 inluries or death to its own personnel. Each Party, will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Each Party waives the DN: 216555 2 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. Dama2e to Equipment Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives the right to sue any other Party, for any damages or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party orf its officers, employees, or volunteers. Section 5: Liability 1. For the purposes of the Minnesota Municipal Tort Liability Act .(Minn. Stat. & 466), the employees and officers of the Responding Gitv Party are deemed to be employees (as defined in Minn. Stat. & 466.01, subdivision 6) of the Requesting Party. For purposes of the Shakopee Mdewakanton Sioux (Dakota) Community Tort Claims Ordinance, the employees and officers of the Responding Gity Party are deemed to be employees of the SMSC when the SMSC is the Requesting Party. S.l\~.S.C. shall be sublect to Federal Liability Limits pursuant to Federal La'}.'. 2. The Requesting Gity Party agrees to defend and indemnify the Responding Gity Party against any claims brought or actions filed against the Responding Gitv Party or any officer, employee, or volunteer of the Responding Gity 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 Requesting Gity Party pursuant to this Agreement. 2.1 Under no circumstances shall a Party which is a city be required to pay on behalf of itself and other Parties, any amounts in excess of the limits on liability established in Minnesota Statutes & 466 applicable to anyone Gitv Party. The liability limits applicable to Cities may not be aggregated to increase the amount of liability for any Gity Party. 2.2 Sublect to Section 5 of the SMSC Tort Claims Ordinance, the SMSC shall not be liable for any claim in excess of the limits on liability established thereunder. 2.3 The intent of this subdivision is to impose on each Requesting Gitv Party a limited duty to defend and indemnify a Responding Gity Party for claims arising within the Requesting Gitv Party's lurisdiction sublect to the limits of liability under Minnesota Statutes & 466 and the SMSC Tort Claims Ordinance.~ The purpose of creating this duty to defend and indemnify is to simplify the defense of claims against multiple defendants from a single occurrence to be defended by a single attorney. 3. No Gitv Party to this Agreement nor any officer or official of any Gitv Party shall be liable to any other Gitv Party or to any other person for failure of any Gitv Party, to ON: 216555 3 furnish assistance to any other Gitv Party, or for recalling assistance, both as described in this Agreement. Section 6: Charees to the Requestine Party 1. No charges will be levied by a Responding Party to this Agreement for assistance rendered to a Requesting Party under the terms of this Agreement 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 Agreement continues for more than 48 hours, the Responding Party may submit to the Requesting Party 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 Requesting Party will reimburse the Party providing the assistance. 2. Such charges are not contingent upon the availability of federal or state government funds. DN: 216555 4