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HomeMy WebLinkAbout15.B.1. Scott County Association for Leadership and Efficiency (SCALE) Equipment . /5. b.t, CITY OF SHAKO PEE Memorandum TO: Mayor & City Council -~ -- - - Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Approval of Scott County Association for Leadership and Efficiency (SCALE) Equipment Sharing Agreement DATE: January 6,2004 INTRODUCTION: Attached to this memo is an equipment sharing agreement prepared by Scott County in cooperation with other Cities in Scott County to allow political subdivisions to share equipment in non-emergency conditions. .. BACKGROUND: An equipment sharing agreement was prepared under the direction of Scott County Association for Leadership and Efficiency (SCALE), which is comprised of the County of Scott and the Cities of Belle Plaine, Jordan, Elko, New Market, New Prague, Prior Lake, Savage and Shakopee. One of the tasks that the leadership for the SCALE group felt that was worth pursuing was an equipment sharing agreement for non-emergency conditions. Emergency conditions are governed by the law enforcement mutual aid act pursuant to MN Statute 471.59. This agreement would allow those cities and Scott County to share equipment and other resources available under certain procedures and provISIOns. The general procedure under this agreement is for one of the parties to fill out a request for equipment to be borrowed from another party in this agreement. The City of Shakopee would then be able to respond to this request on whether that equipment could be shared at the time or not. The form for requesting this equipment is attached to the agreement and shall be completed by the authorized representative of the requesting party. . The general provisions of this agreement require that the requesting party would agree to provide the routine maintenance to operate the equipment, agree to pay for repairs arising from equipment repairs that are attributable to the action of the requesting party. It is the requesting party's responsibility to return equipment to the site from where it was borrowed or a site designated by the responding party. Each party shall maintain general liability and automobile liability coverage, as a City currently does under MN Statute 466.04 and workmen's comp according to MN Statute requirements. Each party to this agreement recognizes each other as a political subdivision of the State of Minnesota and agrees to indemnify each other against any claims brought from using this equipment under this agreement. . Nothing in this agreement obligates a jurisdiction to be a lender. This agreement does formalize a lendinglborrowing practice that has been in place for quite some time. The County of Scott and the City of Prior Lake have already agreed to this equipment sharing agreement. The Scott County Association for Leadership and Efficiency group has asked that this agreement be considered for approval by the City of Shakopee. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the equipment sharing agreement, as attached. 2. Do not authorize the appropriate City officials to execute the equipment sharing agreement. 3. Table for additional information. RECOMMENDATION: . Staff recommends Alternative No.1, as this agreement does not bind the City in sharing equipment, unless this equipment is available. Also, it allows the City of Shakopee to share equipment with other Cities to meets its needs in serving the community as necessary. ACTION REQUESTED: Authorize the appropriate City officials to execute the SCALE equipment sharing agreement with the County of Scott and the Cities of Belle Plaine, Elko, Jordan, New Prague, New Market, Savage, Prior Lake and Shakopee. ~~ Public Works Director . BUpmp EQUIPSHARING-l/6/04 EQUIPMENT SHARING AGREEMENT 1. General Purpose This Agreement is made by and between the COlmty of Scott, and 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 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.s 471.59, II. Definitions For purposes of this Agreement, the terms defined in this section shall have the following meanmgs: 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. III. General Provisions and Procedure I) 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 ofthe 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 ofthe 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. Page2of8 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 Requesting 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 of publicly 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. ~ 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 of their 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 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 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 of liability 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 ofliability 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 of 8 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 ofthis 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 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: , 2003 Dated: , 2003 Approved as to form: Approved as to form: City Attorney City Attorney Page 6 of 8 CITY OF BELLE PLAINE CITY OF NEW PRAGUE By: By: Mayor Mayor City Clerk City Clerk Dated: ,2003 Dated: ,2003 Approved as to form: Approved as to form: City Attorney City Attorney CITY OF PRIOR LAKE CITY OF SA V AGE By: By: Mayor Mayor City Clerk City Clerk Dated: ,2003 Dated: ,2003 Approved as to form: Approved as to form: City Attorney City Attorney Page 7 of8 CITY OF ELKO COUNTY OF SCOTT By: By: Mayor Chair, Board of Commissioners City Clerk County Attorney Dated: ,2003 County Administrator Dated: ,2003 Approved as to form: Approved as to form: City Attorney County Attorney CITY OF NEW MARKET By: Mayor City Clerk Dated: ,2003 Approved as to form: City Attorney Page 8 of8 INTERGOVERNMENTAL EQUIPMENT SHARING REQUEST FORM SUBMITTED BY ELIGIBLE POLITICAL SUBDIVISIONS* 1- Description of Equipment Being Borrowed: () Automobile ( ) Mobile Equipment Year Make Model VIN/Serial Number: Estimated Actual Cash Value Current hours on equipment or odometer reading: General condition of equipment including any dents or damage: 2. Describe Intended Use of Equipment: 3. Requested Time Period of Usage: From: To: 4. Requesting Political Subdivision: 5. Name/Title of Authorized Requesting Official for Requesting Political Subdivision: *Eligible Political Subdivisions include the County of Scott, Minnesota and those cities that are parties to the Equipment Sharing Agreement. They include the cities of Belle Plaine, Elko, Jordan, New Market, New Prague, Prior Lake, Savage and Shakopee, Minnesota. Signature of Authorized Responding Official Date Signature of Authorized Requesting Official Date FOR RESPONDING PARTIES USE ONLY Date Equipment Returned: Condition of Equipment: ~l~~