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HomeMy WebLinkAbout15.B.3. Fire Mutual Aid Agreement-City of Belle Plaine IS-. 6. 3. CITY OF SHAKOPEE 1 Memorandum TO: Mayor and City Council COj\~SENT FROM: Mark McNeill, City Administrator SUBJECT: Fire Mutual Aid Agreement - City of Belle Plaine DATE: January 2, 2003 INTRODUCTION: The Council is asked to authorize a mutual aid agreement for fire services with the City of Belle Plaine. BACKGROUND: Cities commonly have mutual aid agreement for public safety efforts - police and fire. Fire Chief Terry Stang has been in the process of upgrading mutual aid agreements, or establishing those that may not have existed, except by practice. One such example is that with the City of Belle Plaine. It is to the benefit of both cities to have the ability to call upon each other during a time of emergency. ill December, the City Council of the City of Belle Plaine did approve the Agreement for fire. BUDGET IMPACT: As with most mutual aid agreements, there is no charge to provide assistance for the first 24 hours of usage. That is made formal this agreement; however, any expenses incurred after the first 24 hours, and all fire extinguishing materials that are utilized, shall be reimbursed by the requesting party. RECOMMENDATION: Chief Stang and I recommend executing the agreement. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the execution of a mutual aid agreement by and between the City of Shakopee and the City of Belle Plaine for service provided by the respective fire departments. ~.~ , Mark McNeill City Administrator Be~ PIain~ CI1YOF ~ ~ December 11, 2002 Dear Fire Chief: Enclosed you will find two copies of a Mutual Aid Agreement with the City of Shakopee as prepared by the City of Belle Plaine. After your review, please sign and return one copy in the enclosed envelope. Thank you for your cooperation. Sincerely, Ene. 420 E. Main Street. P.O. Box 129, Belle Plaine, Minnesota' 56011 . 952-873-5553 . Fax 952-873-5509 www.belfeplainemn.com AN EQUAL OPPORTUNITY EMPLOYER CITY OF BELLE PLAINE AND CITY OF SHAKOPEE FIRE DEPARTMENTS MUTUAL AID AGREEMENT THIS AGREEMENT, made as of this _ day of , 2002, by and between the City of Belle Plaine, Minnesota and the City of Shakopee, MN, Minnesota municipal corporations. Purpose This Agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting Parties. The intent of this agreement is to make equipment, personnel and other resources available to each Party who has signed this Agreement upon its request to the other Parties who have signed the Agreement. Definitions 1. "Party" means a local government or a non-profit organization that contracts with local governments. 2. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. 3. "Requesting Party" means a Party that requests assistance from other Parties, normally the Fire Department of the jurisdiction in which an incident requiring assistance occurs. 4. "Responding Official" means the person designated by a Party who is responsible to determine whether and to what extent that Party should provide assistance to a Requesting Party. 5. "Responding Party" means a Party that provides assistance to a Requesting Party. 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 its personnel to provide assistance to the Requesting Party. Whether the Responding Party provides assistance and, if so, to what extent shall be determined by the Responding Official. 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 from 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 emergency 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. In the event an emergency occurs in or crosses the boundaries of more than one jurisdiction, a joint command of the affected jurisdictions should be established. Mutual Aid Agreement -City of Belle Plaine/City of Shakopee Page 1 Charges to the Requesting Party The Requesting Party agrees to compensate the Responding Party as specified in this Agreement and in other agreements that may be in effect between the Parties. Charges to the Requesting Party from the Responsible Party shall be the actual expenses and at reasonable and customary rates for: Labor Force Equipment Transportation Meals, Lodging, and Other Related Expenses Invoice to the Requesting Party. Within 90 days of the return to the home work station of all labor and equipment of the Responding Party, the Responding Party shall submit to the Requesting Party an invoice of all charges related to the aid provided pursuant to this Agreement. The invoice shall contain only charges related to the aid provided pursuant to this Agreement. A Responding Party shall not charge for assistance provided to a Requesting Party of this Agreement for the first 24 hours of such assistance. However, a Requesting Party shall replace all fire extinguishing materials consumed by each Responding Party. After 24 hours, the Requesting Party shall be responsible to pay for the actual and necessary expenses of each Responding Party in providing such assistance. Discretionary Assistance Providing assistance is entirely at the discretion of the Responding Party. The agreement to provide assistance is expressly not contingent upon a declaration of a major disaster or emergency by the federal government or upon receiving federal funds. 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 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 damage to its own equipment. Each Party waives the right to sue any other Party for any damage to its equipment, even' if the damage was caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. Liability 1. The Requesting Party agrees to indemnify and defend 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 Party of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this Agreement. 2. 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 Statutes Chapter 466 applicable to anyone 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. Mutual Aid Agreement -City of Belle Plaine/City of Shako pee Page 2 3. The intent of the 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 Minnesota Statutes Chapter 466. The purpose of creating these reciprocal duties 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. 4. 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 assistance to any other Party, or for recalling assistance, both as described in this Agreement. 5. Failure to provide assistance will not result in liability to a Party. Merger This Agreement constitutes the entire agreement between the parties. No waiver, consent, modification of change of terms of this agreement shall bind either party unless in writing and signed by both parties. There are no understandings, agreements or representations, oral or written, not specified herein regarding this Agreement. Execution Each Party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Dated at Belle Plaine, Minnesota, this~day of ~~ 2002. E PLAINE, a M~ota Municipal Corporation j / By m ~ h ~ !J fl/hn/l-/ Its Mayo I I A TTES1f: l..... CITY OF SHAKOPEE, a Minnesota Municipal Corporation By: By Its Fire Chief Its Mayor ATTEST: Its City Administrator/Clerk Mutual Aid Agreement -City of Selle Plaine/City of Shako pee Page 3