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HomeMy WebLinkAbout15.D.2. Mutual Aid Agreement-Fire Service-Res. No. 5966 IS: 0.2.. CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator RE: Mutual Aid Agreement - Fire DATE: October 16, 2003 Introduction: The Council is asked to approve participation in a Mutual Aid Agreement for fire service and equipment with other Scott County cities. Background: This year, all of the incorporated cities of Scott County and the County have formed an organization whose purpose is to explore efficiencies in government through sharing oftime and resources. The group, Scott County Association For Leadership and Efficiency (SCALE) meets monthly to explore possible cost savings for the provision of services. One of the items which has been identified as in need of updating is a county-wide mutual aid agreement for the sharing of fire fighting staffing and equipment. While there have been mutual aid agreements between most of cities of Scott County in the past, this comprehensive agreement has been negotiated by the Fire Chiefs ofthe county. It extends to all cities of the county, and the SMSC Community. Attached is a copy ofthe document. Recommendation: I recommend that the City Council authorize execution of the Fire Services mutual aid Agreement. Action Required: If Council concurs, it should, by motion, authorize the appropriate City officials to execute an agreement for mutual aid for fire services, as proposed by SCALE. ~~~ Mark McNeill City Administrator ". IS'O.'l, '" CONSEt~T RESOLUTION No. 5966 A RESOLUTION APPROVING A MUTUAL FIRE AID AGREEMENT WHEREAS, the City of Shakopee has traditionally participated in Mutual Fire Aid Agreements with surrounding communities; and WHEREAS, Minnesota Statutes 471.59 authorizes the joint and cooperative exercise of powers to contracting parties (Fire Departments) in order for local municipalities to provide equipment, personnel, and facilities for the protection for all or part of each jurisdictions when necessary, and in return to receive similar services when necessary due to service demands; and WHEREAS, the existing Mutual Fire Aid Agreement by and between the City of Shakopee and participating communities does not include the necessary language to obtain Federal Emergency Act (FEMA) reimbursement in the event of a natural catastrophe or terrorist act; and WHEREAS, the Shakopee Mdewakanton Sioux community has established a Fire Department and wishes to participate in said Mutual Aid Agreement; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shakopee that the Mayor, City Administrator, and City Clerk be authorized to execute the joint and cooperative agreement for use of fire personnel and equipment as shown in Exhibit A. Adopted in adj oumed regular session of the City Council of the City of Shakopee, Minnesota held this 21st day of October, 2003. Mayor ATTEST: City Clerk C:\WlNDOWS\Temporary Internet Files\OJ..KJ65\Fire Mutual Aid I0200J.doc . .", 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_____ ,200_ (IIAgreementll) 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 PLA1NE, 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 LAKEVILLEt a Minnesota municipal corporation; and the SHAKO PEE MDEWAKANTON SIOUX COMMUNITY, a sovereign nation (hereinafter collectively referred to as the IIparties"). section 1: Purpose Pursuant to Minnesota Statutes ~471.59 (S.M.S.C'S powers are not common to cities) which authorizes the joint and cooperative exercise of powers common to contracting parties, the Parties 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 re!ceive 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 Parties are or will be a Party to. Let it be understood by all parties that the S.M.S.C. is not subject to Minnesota State Statute 471.59, but rather they are guided by Federal Liability Limits. Section 2: Definitions of Ter.ms 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 services rendered by personnel attached to a Party's Fire Department including equipment, fire investigators, fire inspectors, fire instructorst training personnel and associated equipment and facilities. City Party means a Minnesota municipal corporation. Party means a Minnesota municipal corporation or sovereign nation named herein and which has appropriately executed this Agreement. Emergency means a sudden and unforeseen situation requiring immediate action. Requesting Party means a Party, that requests assistance from another Party. Requesting Official means the person designated by a Party who is responsible for requesting assistance from other parties. Responding Party means a party who provides assistance to a Requesting Party. Responding Official means the person designated by a Party who is responsible to determine whether and to what extend that Party should provide assistance to the Requesting party. . Specialized Activities means non-emergency assistance including, but not limited to, fire investigation, fire instruction, training and associated equipment and facilities. S.M. S.C.: refers to Shakopee Mdewakanton sioux Community 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 Party participating in this Agreement. The Agreement shall be effective at such time that the Agreement is executed and a resolution is adopted by all Parties (hereinafter "effective date"). This Agreement shall be automatically renewed on the anniversary of the Effective Date each year. If an individual Party wants to withdraw from the Agreement, said Party must provide sixty days written notice to all other Parties of its intent to withdraw from this Agreement. The original Agreement will continue under the same 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 provide 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 judgment 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 injuries 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 right to sue any other Party for any workers' compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. . .. Damage to Equ1.pment 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 to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or 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 City Party are deemed to be employees (as defined in Minn. Stat. ~466,Ol. subdivision 6) of the Requesting Party. S.M.S.C. shall be subject to Federal Liability Limits pursuant to Federal Law. 2. The Requesting City Party agrees to defend and indemnify the Responding City Party against any claims brought or actions filed against the Responding City Party or any officer, employee, or volunteer of the Responding City Party for injury 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 City Party pursuant to this Agreement. Under no circumstances, however, shall a City Party be required to pay on behalf of itself and other city parties, any amounts in excess of the limits on liability established in. Minnesota Statutes ~466 applicable to anyone. City Party. The limits of liability for some or all of the city parties may not be added together to determine the maximum amount of liability for any City Party. The intent of this subdivision is to impose on each Requesting City Party a limited duty to defend and indemnify a Responding City Party for claims arising within the Requesting City Party's jurisdiction subject to the limits of liability under Minnesota Statutes ~466. 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 City Party to this Agreement nor any officer of any City Party shall be liable to any other City Party or to any other person for failure of any City Party, to furnish assistance to any other City Party, or for reca.lling assistance, both as described in this Agreement. Section 6: Charges to the Requesting 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 will 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 for the amount. 2. Such charges are not contingent upon the availability of federal or state government funds. ~ . Section 7: Effective Date This Agreement shall be effective upon execution by all Parties, which execution shall substantiate that the necessary resolution has been adopted by the governing body of the executing Party. Dated: CITY OF JORDON By: Its Mayor By: Its City Administrator STATE OF MINNESOTA) )SB COUNTY OF SCOTT ) Acknowledged before me this day of 200 -' by and , respectively the Mayor and City Administrator of the city of Jordon,a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public Dated: CITY OF PRIOR LAKE By: Its Mayor By: Its City Administrator STATE OF MINNESOTA ) ) ss COUNTY OF SCOTT ) Acknowledged before me this day of 200_, by and , respectively the Mayor and City Administrator of the City of Prior Lake, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public (, . Dated: CITY OF SAVAGE By: Its Mayor By: Its city Administrator STATE OF MINNESOTA ) )ss COUNTY OF SCOTT ) Acknowledged before me this day of 200_, by and , respectively the Mayor and City l~dministrator of the City of Savage,a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary public Dated: CITY OF SHAKOPEE By: Its Mayor By: Its City Administrator STATE OF MINNESOTA ) By: )ss City Clerk COUNTY OF SCOTT ) Acknowledged before me this day of 200_, by. and , respectively the Mayor and city Administrator of the City of Shakopee, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public . . Dated: CITY OF BELLE PLAINE By: Its Mayor By: Its City Administrator STATE OF MINNESOTA ) )SS COUNTY OF SCOTT ) Acknowledged before me this day of 200_, by and , respectively the Mayor and City Administrator of the City of Belle Plain, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public Dated: Cl:TY OF NEW PRAGUE By: Its Mayor By: Its City Administrator STATE OF MINNESOTA ) )ss COUNTY OF SCOTT ) Acknowledged before me this _____day of 200 -' by and , respectively the Mayor and City Administrator of the City of New Prague, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. -. . Notary Public Dated: CJ:TY OF NEW W\.RKET By: Its Mayor By: Its City Administrator STATE OF MINNESOTA ) ) ss COUNTY OF SCOTT ) Acknowledged before me this _____ day of 200_, by_ and , respectively the Mayor and City Administrator of the city of New Market, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public Dated: SHAKO PEE MDEWAKANTON SJ:OUX COl~J:TY By: Its By: Its STATE OF MINNESOTA ) ) ss " 1 , COUNTY OF SCOTT ) Acknowledged before me this day of 200_, by and , respectively the and of the SHAKOPEE MDEWAKANTON SIOUX COMMUNITY, on its behalf and through the power granted by its Tribal Council. Notary Public Dated: CITY OF LAKEVILLE By: Its Mayor By: Its City Administrator STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) Acknowledged before, me this day of 200 -' by and , respectively the Mayor and City Administrator of the city of Lakeville, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public 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 ,200_ ( II Agreemen t " ) 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 PLA1NE, 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 MDEWAKANTON SIOUX COMMUNITY, a sovereign nation (hereinafter collectively referred to as the "Parties") . Section 1: Purpose Pursuant to Minnesota Statutes !l471.59 (8.M.S.C's powers are not common to cities) which authorizes the joint and cooperative exercise of powers common to contracting parties, the Parties 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 Parties are or will be a Party to. Let it be understood by all parties that the S.M.S.C. is not subject to Minnesota State Statute 471.59, but rather they are guided by Federal Liability Limits. Section 2: Definitions 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 services rendered by personnel attached to a Party's Fire Department including equipment, fire investigators, fire inspectors, fire instructors, training personnel and associated equipment and facilities. City Party means a Minnesota municipal corporation. Party means a Minnesota municipal corporation or sovereign nation named herein and which has appropriately executed this Agreement. Emergency means a sudden and unforeseen situation requiring immediate action. Requesting Party means a Party, that requests assistance from another Party. Requesting Official means the person designated by a Party who is responsible for requesting assistance from other Parties. Responding Party means a Party who provides assistance to a Requesting Party. Responding Official means the person designated by a Party who is responsible to determine whether and to what extend that Party should provide assistance to the Requesting Party. Specialized Activities means non-emergency assistance including, but not limited to, fire investigation, fire instruction, training and associated equipment and facilities. 8.M.S.C.: refers to Shakopee Mdewakanton sioux Community 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 Party participating in this Agreement. The Agreement shall be effective at such time that the Agreement is executed and a resolution is adopted by all Parties (hereinafter "effective date"). This Agreement shall be automatically renewed on the anniversary of the Effective Date each year. If an individual Party wants to withdraw from the Agreement, said Party must provide sixty days written notice to all other Parties of its intent to withdraw from this Agreement. The original Agreement will continue under the same 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 provide 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 judgment 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 injuries 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 right to sue any other Party for any workers' compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. Damage 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 to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or 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 City Party are deemed to be employees (as defined in Minn. Stat. ~466, 01.. subdivision 6) of the Requesting Party. S.M.S.C. shall be subject to Federal Liability Limits pursuant to Federal Law. 2. The Requesting city Party agrees to defend and indemnify the Responding City Party against any claims brought or actions filed against the Responding City Party or any officer, employee, or volunteer of the Responding City Party for injury 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 City Party pursuant to this Agreement. Under no circumstances, however, shall a City Party be required to pay on behalf of itself and other city parties, any amounts in excess of the limits on liability established in Minnesota Statutes ~466 applicable to any one City Party. The limits of liability for some or all of the city parties may not be added together to determine the maximum amount of liability for any City Party. The intent of this subdivision is to impose on each Requesting City Party a limited duty to defend and indemnify a Responding City Party for claims arising within the Requesting City Party's jurisdiction subject to the limits of liability under Minnesota Statutes !H66. 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 City Party to this Agreement nor any officer of any City Party shall be liable to any other City Party or to any other person for failure of any City Party, to furnish assistance to any other City Party, or for recalling assistance, both as described in this Agreement. Section 6: Charges to the Requesting 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 will 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 for the amount. 2, Such charges are not contingent upon the availability of federal or state government funds. section 7: Effective Date This Agreement shall be effective upon execution by all Parties, which execution shall substantiate that the necessary resolution has been adopted by the governing body of the executing Party. Dated: CITY OF JORDON By: Its Mayor By: Its City Administrator STATE OF MINNESOTA) )ss COUNTY OF SCOTT ) Acknowledged before me this day of 200 -' by and , respectively the Mayor and City Administrator of the City of Jordon,a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public Dated: CITY OF PRIOR LAKE By: Its Mayor By: Its City Administrator STATE OF MINNESOTA ) )ss COUNTY OF SCOTT ) Acknowledged before me this day of 200_, by and , respectively the Mayor and City Administrator of the City of Prior Lake, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public Dated: CITY OF SAVAGE By: Its Mayor By: Its City Administrator STATE OF MINNESOTA ) )ss COUNTY OF SCOTT ) Acknowledged before me this day of 200 -' by and , respectively the Mayor and City Administrator of the City of Savage,a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public Dated: CITY OF SHAKOPEE By: Its Mayor By: Its City Administrator STATE OF MINNESOTA ) By: ) ss City Clerk COUNTY OF SCOTT ) Acknowledged before me this day of 200 , by and , respectively the Mayor and City Administrator of the City of Shakopee, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public Dated: CITY OF BELLE PLAINE By: Its Mayor By: Its City Administrator STATE OF MINNESOTA ) ) SS COUNTY OF SCOTT ) Acknowledged before me this day of 200 -' by and , respectively the Mayor and City Administrator of the City of Belle Plain, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public Dated: CITY OF NEW PRAGUE By: Its Mayor .~ By: Its City Administrator STATE OF MINNESOTA ) ) ss COUNTY OF SCOTT ) Acknowledged before me this _____day of 200 , by and , respectively the Mayor and City Administrator of the city of New Prague, a Minnesota municipal corporation, on its behalf and through the power granted by its city Council. Notary Public Dated: CITY OF NEW MARKET By: Its Mayor By: Its City Administrator STATE OF MINNESOTA ) )ss COUNTY OF SCOTT ) Acknowledged before me this _____ day of 200_, by and , respectively the Mayor and City Administrator of the City of New Market, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public Dated: SHAKOPEE MDEWAKANTON SIOUX COMMUNITY By: Its By: Its STATE OF MINNESOTA ) )ss COUNTY OF SCOTT ) Acknowledged before me this day of 200 -' by and , respectively the and of the SHAKOPEE MDEWAKANTON SIOUX COMMUNITY, on its behalf and through the power granted by its Tribal Council. Notary Public Dated: CITY OF LAKEVILLE By: Its Mayor By: Its City Administrator STATE OF MINNESOTA ) )ss COUNTY OF DAKOTA ) Acknowledged before, me this day of 200 , by and , respectively the Mayor and City Administrator of the City of Lakeville, a Minnesota municipal corporation, on its behalf and through the power granted by its City Council. Notary Public