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Home My WebLink About5I - Equipment Sharing Scott Ct16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: ISSUES: March 21, 2005 51 Frank Boyles, City Manager CONSIDER APPROVAL OF A RESOLUTION APPROVING AN EQUIPMENT SHARING AGREEMENT FOR NON-EMERGENCY EQUIPMENT BETVVEEM SCOTT COUNTY MUNICIPALITIES. DISCUSSION: History: The City Council is aware that the Scott County Association for Leadership and Efficiency (SCALE) was created to foster new areas of cooperation between Scott County units of gove~'nment. Current Circumstances: Over the last few months, we have sought to formalize our non-emergency equipment-sharing by developing an agreement, inventory and rate schedule. These documents have now been reviewed by members of SCALE. The agreement incorporates modifications recommended by the City Attor.ney. Conclusion: SCALE has recommended that each city request approval of the agreement by its policy-making body. The final executed agreement will be circulated for execution by Scott County. The intent of the equipment-sharing agreement is to formalize the practices we have employed for years. The document is modeled after the fire joint powers agreement which has been in place for decades. Basically a city, school, county, township or the SMSC can look at the equipment inventory and borrow a piece of equipment (and in some cases an operator). The owner of the equipment determines if it is available for usage and, if so, for how long. The original agreement did not include the new members'of SCALE. It also provided for use of equipment at no cost. Some members asked that this provision be modified to eliminate the potential for abuse. The new agreement includes all SCALE members. It provides that a party borrowing equipment is not charged for the first eight hours including an operator. Thereafter, rates are charged in accordance with the rate schedule. For equipment-only usage, no charges are made until after 24 hours of usage. www. cityofpriorlake, com h\COUNCIL~AGNRPTS~005\Equipment ~)~- (~ ~. J~ ~.e~Y~)32/~05~ ~ 52.447.4245 If equipment is damaged while on loan, the borrowing party is responsible for the repair costs. A party loaning equipment may recall the equipment at its discretion. FINANCIAL IMPACT: ALTERNATIVES: The agreement does save the taxpayer by motivating government entities to share equipment rather than individually purchase specialized equipment which may be used infrequently. ' 1. Adopt the attached resolution authorizing the Mayor and City Manager to execute the equipment-sharing agreement on behalf of the City of Prior Lake. 2. Take no action. RECOMMENDED MOTION: Alternative 1. Frank City M I:\COUNCIL~GNRPTS~2005\Equipment sharing - non emergency 032105.DOC EQUIPMENT SHARING AGREEMENT FOR NON-EMERGENCY CONDITIONS I. General Purpose This Agreement is made by and between the County of Scott, the Townships of Blakeley, Belle Plaine, Cedar Lake, Credit river, Helena, Jackson, Louisville, New Market, St. Lawrence, Sand Creek, and Spring Like, the Cities of Belle Plaine, Elko, Jordan, New Market, New Prague, Prior Lake, Savage and Shakopee; all municipal corporations within the State of Minnesota, the Shakopee Mdewakanton Sioux Community, and the School Districts of Belle Plaine - 716, Burnsville, Eagan, Savage - 191, Jordan - 717, New Prague - 721, Prior Lake, Savage - 719, and Shakopee - 720. The intent of this Agreement is to create a system for Scott County and political subdivisions within Scott County, Minnesota to share equipment and other resources. This Agreement pertains to non- emergency conditions. Emergency conditions are governed by the following: Law Enforcement Mutual Aid Pact, pursdant to Minn. Stat. § 471.59; the Minnesota Emergency Management Act of 1996, pursuant to Minn. Stat. § 12.33; and the Federal Emergency Management Agency (FEMA) Response and Recovery Policy Number: 9523.6. I1. Definitions For purposes of this Agreement, the terms defined in this section shall have the following meanings: 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, the Townships of Blakeley, Belle Plaine, Cedar Lake, Credit River, Helena, Jackson, Louisville, New Market, St. Lawrence, Sand Creek, and Spring Like, the School Districts of Belle Plaine- 716, Burnsville, Eagan, Savage- 191, Jordan - 717, New Prague - 721, Prior Lake, Savage - 719, and Shakopee - 720, the Shakopee Mdewakanton Sioux Community and the County of Scott, all of the State of Minnesota. 4) "Equipment Rates" means per hour charges for equipment use by other Parties. 5) "Mobile Equipment" means land vehicles not licensed for road use. 6) "Requesting Party" means a party that requests equipment from other parties to the Agreement. 7) "Responding Party" means a party that provides equipment it owns, or otherwise under its legal control to a Requesting Party. 8) "Requesting Official" means the person designated by a party who is responsible for making the request to other parties. 9) "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. 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 incorporated herein, shall be completed by the authorized representative of the Requesting Party. e) Recall of Equipment. The Responding Official may at any time recall the loaned 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. · Page 2 of 11 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: 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. ii) The Requesting Party agrees to pay or 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 fiat 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 Requesting Party's responsibility to ensure borrowed equipment is stored in a safe place at all times 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 of publicly owned equipment. Page 3 of 11 d) It shall be the responsibility of the manager, administrator, superintendent or supervisor of each of the parties or their designee to fully apprise the participating personnel of the procedures, conditions, and limitations under this Agreement, as well as any amendments hereto. 3) Equipment Rates. a) The Requesting Party will be charged for equipment use as set forth in the "Equipment Rate Schedule" attached and incorporated herein as Appendix A to this Agreement. b) The Requesting Party will not be charged for the first eight (8) hours of use of the equipment with the Responding Party's operator. Any hours over eight (8) hours will be charged according to the rates as set forth in Appendix A. c) The Requesting Party will not be charged for the first twenty-four (24) hours of actual use of equipment without the Responding Party's operator. Any hours over twenty-four (24) hours will be charged according to the rates as set forth in Appendix A. d) The Scott County Street Supervisory Group shall annually review and has the authority to set the Equipment Rates set forth in Appendix A for the following year. The annual Equipment Rates shall be set by consensus of the Scott County Street Supervisory Group. 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. § 466.04 and the Minnesota Workers' Compensation Statutes 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 of their respective coverage document with respect to borrowed equipment and shall notify the coverage provider, 'if applicable, of the use of loaned or borrowed equipment. Page 4 of 11 V. Indemnification 1) All parties to this Agreement recognize each other as a political subdivision of the 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 and loan of 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 6ther parties, any amounts in excess of the limits on liability established in Minnesota Municipal Tort Liability Act, Minn. Chap. 466, applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. 2) The intent of this 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, if the Parties named in a law suit agree to joint representation. 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 or operating 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 5 of 11 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. 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 Manager and Administrators, the County Administrator, the School District Superintendents, the Township Supervisors, and the Tribal Administrator at the address of record. X. Amendment or Chanqes 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. Xl. Entire Aqreement 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 non-emergency equipment sharing, as well as any previous agreements presently in effect between the parties relating to non-emergency equipment sharing. Page 6 of 11 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 Clerk City Clerk Dated: ., 2005 Dated: ,2005 Approved as to form: Approved as to form: City Attomey City Attomey Page 7 of 11 CITY OF BELLE PLAINE CITY OF NEW PRAGUE By: By: Mayor Mayor City Clerk City Clerk Dated: ,2005 Dated: ' ,2005 Approved as to form: Approved as to form: City Attorney City Attorney CITY OF PRIOR LAKE CITY OF SAVAGE By: By: Mayor Mayor City Clerk City Clerk Dated: ., 2005 Dated: ., 2005 Approved as to form: Approved as to form: City Attomey City Attorney Page 8 of 11 CITY OF ELKO COUNTY OF SCOTT By: By: Mayor Chair, Board of Commissioners City Clerk County Administrator Dated: ., 2005 Dated: ., 2005 Approved as to form: Approved as to form: City Attomey County Attorney CITY OF NEW MARKET By: SHAKOPEE MDEWAKANTON SIOUX COMMUNITY Mayor By: City Clerk Dated: ,2005 Approved as to form: City Attomey Chair Tribal Administrator Dated: ,2005 Approved as to form: Tribal Attorney Page 9 of 11 TOWNSHIP REPRESENTATIVE To SCALE BELLE PLAINE SCHOOL DISTRICT 716 By: Chair By: Chair Supervisor District Superintendent Dated: ., 2005 Dated: ,2005 Approved as to form: Approved as to form: Township Attorney School District Attorney BURNSVILLE, EAGEN, SAVAGE SCHOOL DISTRICT 191 JORDAN SCHOOL DISTRICT 717 By: Chair By: Chair District Superintendent District Superintendent Dated: ., 2005 Dated: ., 2005 Approved as to form: Approved as to form: School District Attorney School District Attorney Page 10 of 11 NEW PRAGUE SCHOOL DISTRICT 721 PRIOR LAKE, SAVAGE SCHOOL DISTRICT 719 By: By: Chair Chair District Superintendent District Superintendent Dated: ., 2005 Dated: ., 2005 Approved as to form: Approved as to form: School District Attorney School District Attorney SHAKOPEE SCHOOL DISTRICT 721 By: Chair District Superintendent Dated: ., 2005 Approved as to form: School District Attorney Page 11 of 11