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HomeMy WebLinkAbout4C - Mutual Aid Agreement for Fire Department MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ALTERNATIVES: RECOMMENDATION: CITY COUNCIL AGENDA REPORT October 4, 1999 4C Bret Woodson, Assistant City Manager 10.3 CONSIDER APPROVAL OF RESOLUTION 99->><< APPROVING MUTUAL AID AGREEMENT FOR FIRE SERVICE ASSISTANCE INCLUDING USE OF FIRE PERSONNEL AND EQUIPMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT History Prior Lake, together with the cities of Jordan, Belle Plaine, New Prague, New Market, Lakeville, Savage and Shakopee are currently operating under a Mutual Aid Agreement for Fire Service Assistance. This Agreement, however, was outdated and in need of updating. Prior Lake took the initiative to have the Agreement updated and distributed for execution by each city. Current Circumstances The Agreement itself is intended to give each jurisdiction the authority to send its equipment and personnel into the contracting jurisdiction and also to receive such services when needed. The most recent example of a mutual aid fire was the Port Bunge Elevator fire in July. The attached Agreement has been updated to reflect the necessary language and structure as recommended by each of the eight cities (Fire Chiefs & staff) as well as the Legal Staff at the League of Minnesota Cities. In addition to their review, each of the eight City Attorneys have also reviewed the Agreement and believe that it accurately reflects the intent of the cities involved. Each of the other cities has now approved the Agreement. The Council has the following alternatives: 1. Approve as Part of the Consent Agenda Resolution 99-XX Approving the Mutual Aid Agreement for Use of Fire Personnel and Equipment. 2. Table this item and direct that additional information be provided with respect to this proposal. REVIEWED BY: 16200A(aMBmM~~fiT,~tnc 372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 RESOLUTION 99-XX CONSIDER APPROVAL OF RESOLUTION 99-XX APPROVING MUTUAL AID AGREEMENT FOR FIRE SERVICE ASSISTANCE INCLUDING USE OF FIRE PERSONNEL AND EQUIPMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT MOTION BY: SECOND BY: WHEREAS, the City of Prior Lake has been party to the mutual aid agreements for fire service with the cities of Lakeville, Jordan, Savage, Shakopee, Belle Plaine, New Prague, and New market; and, WHEREAS, the current Mutual Aid Agreements for Fire Service Assistance that Prior Lake and neighboring municipalities are operating under are outdated; and WHEREAS, pursuant to Minnesota Statute 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties; and WHEREAS, the City of Prior Lake has recently updated the Mutual Aid Agreement for Fire Service Assistance with neighboring municipalities; and WHEREAS, Attorneys and Representatives with the League of Minnesota Cities have reviewed and endorsed the Agreement as presented as has the Prior Lake Fire Department and City Attorney; and WHEREAS, All seven of the other cities listed in the Agreement have also reviewed and approved by Resolution the Agreement as presented; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that the City of Prior Lake approves the Mutual Aid Agreement for Use of Fire Personnel and Equipment; and BE IT FURTHER RESOLVED that the Mayor and City Manager are authorized to execute this Agreement. Passed and adopted this 4th day of October, 1999. 16200 EMMTli:J?AlLfl90~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER {Seal} MUTUAL.DOC YES , NO Mader Mader Kedrowski Kedrowski Petersen Petersen Schenck Schenck Wuellner Wuellner City Manager City of Prior Lake 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 this day of , 1999 ("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; and the CITY OF LAKEVILLE, a Minnesota municipal corporation (hereinafter collectively referred to as the "Cities"). Section 1: Purpose Pursuant to Minnesota Statutes ~471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties, the Cities 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 Cities are or will be a party to. Section 2: Definitions of Terms For the purpose of this Agreement, the terms defined in this section shall have the meanings given th~m below: Assistance includes but is not limited to fire fighting and/or other emergency services rendered by personnel attached to a City's Fire Department including equipment, fire investigators, fire inspectors, fire instructors, training personnel and associated equipment and facilities. City means a Minnesota municipal corporation named herein and has appropriately executed this Agreement. Emergency means a sudden and unforeseen situation requiring immediate action. Requesting Party means a City which requests assistance from another City. Responding Party means a City which provides assistance to a Requesting Party. Specialized activities means non-emergency assistance including, but not limited to, fire investigation, fire instruction, training and associated equipment and facilities. Mutua/Aid Agreement for Fire Services 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 City participating in this Agreement. The Agreement shall be effective at such time that the Agreement is executed and a resolution is adopted by all Cities (hereinafter "effective date"). This Agreement shall be automatically renewed on the anniversary date of the Effective Date each year. If an individual City wants to be removed from the Agreement, said City must provide sixty.days written notice to all of the other Cities of its intent to be removed from the Agreement. The original Agreement will continue under the same terms. with the = remaining Cities. Section 4: Procedure Whenever a City receives a call for assistance from another City, the Responding Party shall respond to the call and make the necessary assistance available without undue delay. However, the extent of assistance provided by the Responding Party shall be determined solely by the appropriate official of the Responding Party. The Requesting Party's fire officials shall be in command of the emergency scene, and the personnel and equipment of the Responding Party shall remain under the direction and control of the Responding Party. Each City shall continue to be responsible for its own personnel, equipment, and for injuries or death to any such personnel or damage to any such equipment. Each City's personnel shall be deemed to be performing their regular duties for that City. Insurance coverage and any financial compensation shall be the responsibility of each City for its own personnel and equipment. Each City waives the right to sue another participating City for any workers compensation benefits paid to its own employee or volunteer even if the injuries were caused wholly or partially by the negligence of any other City, its officers, employees, or volunteers. Specialized activities of a non-emergency nature may be requested and/or provided by any City participating in this Agreement. No charge shall be made to any City for assistance rendered under this Agreement except that a Responding Party shall be paid for the cost of supplies, unless the Requesting Party is reimbursed for these costs from the party or parties, responsible for the emergency, or is otherwise reimbursed by State or Federal funds allocated for this purpose. Section 5: Reciprocal Defense and Indemnification The requesting party agrees to indemnify and defend against any claims brought or actions filed against the responding party or any officers, employees, or volunteers of the other City for injury or death to any third person or persons, or damage to the property of third persons, arising out of the performance and provision of assistance pursuant to this Agreement. I:\FIREAGT.DOC Page 2 Mutua! Aid Agreement for Fire Services ., The intent of the indemnification requirement of this section is to impose on each City a limited duty to defend and indemnify another City for claims arising within the Requesting Party's jurisdiction subject to the limits of the liability under Minnesota Statutes Chapter 466. The purpose of creating these reciprocal duties to defend and indemnify is to simplify the defense of liability 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. Under no circumstances, however, shall a City be required to pay on behalf of itself and another party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466, applicable to only one City. The limits of liability for all Cities may not be added together to determine the maximum amount of liability for anyone City. Section 6: Effective Date This Agreement shall be effective upon execution by all Cities, which execution shall substantiate that the necessary resolution has been adopted by the governing body of the executing City. Dated: CITY OF JORDAN By: Its: (SEAL) By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF ) Acknowledge before me this day of , 1999, by and , respectively the and of the CITY OF JORDAN, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public I:\FIREAGT.DOC Page 3 Mutual Aid Aareement for Fire Services Dated: CITY OF PRIOR LAKE By: Its: (SEAL) By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) Acknowledge before me this day of I 1999, by and , respectively the and of the CITY OF PRIOR LAKE, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public I:\FIREAGT.DOC Page 4 ~ ~; Mutual Aid Agreement for Fire Services Dated: CITY OF SAVAGE By: Its: By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF ) Acknowledge before me this day of , 1999, by and , respectively the and of the CITY OF SAVAGE, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public I:\FIREAGT.DOC Page 5 Mutual Aid Aareement for Fire Services Dated: CITY OF SHAKOPEE By: Its: By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) Acknowledge before me this day of , 1999, by and , respectively the and of the CITY OF SHAKOPEE, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public I:\FIREAGT.DOC Page 6 Mutual Aid Agreement for Fire Services Dated: CITY OF BELLE PLAINE By: Its: . By: Its: STATE OF MINNESOTA ) )S5. COUNTY OF ) Acknowledge before me this day of , 1999, by and , respectively the and of the CITY OF BELLE PLAINE, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public I:\FIREAGT.DOC Page 7 Mutual Aid Aareement for Fire Services Dated: CITY OFNEW PRAGUE By: Its: By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF ) Acknowledge before me this day of , 1999, by and , respectively the and of the CITY OF NEW PRAGUE, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public I:\FIREAGT.DOC Page 8 Mutual Aid Aareement for Fire Services Dated: CITY OF NEW MARKET By: Its: By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF ) Acknowledge before me this day of , 1999, by and , respectively the and of the CITY OF NEW MARKET, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public I:\FIREAGT.DOC Page 9 Mutua! Aid Agreement for Fire Services Dated: CITY OF LAKEVILLE By: Its: By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF ) Acknowledge before me this day of , 1999, by and , respectively the and of the CITY OF LAKEVILLE, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public I:\FIREAGT.DOC Page 10 .. ..