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HomeMy WebLinkAbout15.B.2. Mutual Aid Agreement-Fire /0-' /!:;. 2.., t CITY OF SHAKOPEE Memorandum TO: Mayor and City Council CONSENT FROM: Mark McNeill, City Administrator SUBJECT: Mutual Aid Agreement - Fire DATE: July 16, 2004 INTRODUCTION: The Council is asked to approve a revised Mutual Aid Agreement for fire service and equipment with other Scott County cities, with the addition ofthe Mdewakanton Sioux Community. BACKGROUND: Last year, the City Council approved a mutual aid agreement between most of the cities of Scott County for the sharing of fire fighting staffing and equipment. The Mdewakanton Sioux Community would also like to participate in this mutual aid agreement. As a result, they have modified some of the language in the original agreement to include references to the portions of its Constitution and ordinances that are relevant to the agreement. Those changes do not affect the substantive provision in the agreement. Attached is a copy of the document. RECOMMENDATION: I recommend that the City Council authorize execution ofthe revised Fire Services Mutual Aid Agreement to include the Mdewakanton Sioux Community with the new language. ACTION REQUIRED: If Council concurs, it should, by motion, authorize the appropriate City officials to execute the revised Mutual Aid Agreement for Use of Fire Personnel and Equipment, including the Mdewakanton Sioux Community. }tL1k.Jm Mark McNeill City Administrator I" 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 the day of , 200_ ("Agreement") between the CITY OF JORDAN, a Minnesota municipal corporation; the CITY OF PRlOR LAKE, a Minnesota municipal corporation; the CITY OF SAVAGE, a Minnesota municipal corporation; the CITY OF SHAKOPEE, a Minnesota munioipal corporation; the CITY OF NEW PRAGUE, a Minnesota municipal corporation; the CITY OF NEW MARKET, a Minnesota municipal corporation; the CITY Or: LAKEVILLE, a Mimlesota municipal corporation; the CITY OF BELLE PLAINE, a Mimlesota municipal corporation; and the SHAKOPEE MDEWAKANTON SIOUX (DAKOTA) COMMUNITY, a federa,l1y recognized sovereign Indian tribe (hereinafter collectively referred to as the "Paliies"). S ecth)'n 1: Purpose Pursuant to the authority vested in each City Party by Minnesota Statutes ~ 471.59 and g 438.08 and the authority vested in the SMSC by Article V, Section l(a) ofthe Shakopee Mdewakanton Sioux (Dakota) Community Constitution, the Parties wish to enter into this Agreement in order to provide equipment, persomlel and facilities for the protection of all or part of each others jurisdictions when necessary, and in return to receive similar services when necessary due to serviG'e demands or limited resources. This Agreement shall be read in conjunction with, and shall not invalidate any other Mutual Aid or Cooperative Agreement to which the Parties are or may be a Party. Section 2: Definition 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 or non- emergency services rendered by persomlel attached to a PaIiy's Fire Department including the use of Parties ' equipment, fire investigators, fire inspectors, fire instructors, training personnel and associated equipment and facilities. Party means the cities which are signatories to this Agreement and the Shakopee Mdewakanton Sioux (Dakota) Community, also a signatory to this Agreement. EmerJ(ency means a sudden and unforeseen situation requiring immediate action. RequestinJ( Party means a Party, that requests assistance from another Party(ies). RequestinJ( Official means the person designated by a Party who is responsible for requesting assistance from another Party(ies). ResfJondiltJ( Party means a Party who provides assistance to a Requesting Party. c DN: 216555. v,3 Respondinf( Official means the person designated by a Paliy who is responsible to detenlline whether and to what extent that Party should provide assistance to the Requesting Party. S.M.S. C. refers to the Shakopee Mdewakanton Sioux (Dakota) Community. Section 3: Execution and Termination The governing body of each City shall adopt a resolution authorizing participation in and execution of this Joint and Cooperative Agreement for use of Fire Personnel and Equipment. In the case of the SMSC, its Business Cowlcil shall authorize paliicipation in and execution of this Agreement. This Agreement may be executed in multiple copies which together shall fonn a fully executed Agreement. An executed copy of this Agreement shall be forwal"ded to each Party participating in this Agreement. The Agreement shall be effective upon execution by all Paliies (hereinafter "Effective Date"). This Agreement shall be automatically renewed on the aIll1iversary of the Effective Date each year. If a PartY WaIltS to withdraw from the Agreement, said Paliy must provide sixty (60) days' written notice to all other Parties of its intent to withdraw from this Agreement. The original Agreement will continue under the tenllS with the remaining Parties. Section 4: Procedure 1. Request for Assistance. Whenever, in the opinion of a Requesting Official, thereis a need for assistance from other Parties, the Requesting Official may call upon the Responding Official of any other Party to flUnish assistance. 2. Response to Request. Upon the request for assistance from a Requesting Paliy, the Responding Official may authorize and direct his/her PaIiy's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the Responding Paliy, 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 all order of the governing body of the Responding Party, it is considered to be in the best interests of the Responding Pmiy to do so. 4. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The persOlll1el and equipment ofthe Responding Party shall be under the direction and control of the Requesting Paliy until the Responding Official withdraws assistance. Workers' Compensation Each Party shall be responsible for injuries or death to its own personnel. Each Palty, 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 ifthe injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. DN: 216555. v,3 2 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 or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Pm.iy or its officers, employees, or volunteers. Section 5: Liability 1. For the purposes ofthe Mi1U1esota Municipal Tort Liability Act (Milll. Stat. S 466), the employees m.ld officers ofthe Responding Pm.iy are deemed to be employees (as defined in Mi1U1. Stat. 9466.01, subdivision 6) of the Requesting Party. For purposes ofthe Shakopee Mdewakanton Sioux (Dakota) Community Tort Claims Ordinm.lce, the employees and officers ofthe Responding Party are deemed to be employees of the SMSC when the SMSC is the Requesting Paliy. 2. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Paliy or m.1Y officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the propeliy of any third person or persons, arising from the perfomlm.lce and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this Agreement. 2.1 Under no circumstances shall a Party which is a city be required to pay on behalf of itself and other Pm.iies, any amounts in excess of the limits on liability established in Minnesota Statutes 9 466 applicable to m.1Y one Pm.iy. The liability limits applicable to Cities may not be aggregated to increase the amount of liability for any Party. 2.2 Subject to Section 5 of the SMSC TOli Claims Ordinance, the SMSC shall not be liable for any claim in excess of the limits on liability established thereunder. 2.3 The intent of this subdivision is to impose on each Requesting Pm.iy a limited duty to defend and indemnify aResponding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes 9 466 and the SMSC Tort Claims Ordinance. The purpose of creating this duty to defend and indenmify is to simplify the defense of claims against multiple defendants from a single occurrence to be defended by a single attomey. 3. No Pm.iy to this Agreement nor any officer or official of any Pm.iy shall be liable to any other Party or to any other person for failure of any Party, to fumish assistance to any other Paliy, 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 Pmiy to this Agreement for assistance rendered to a Requesting Party under the ten11S of this Agreement unless the assistance D:'>i: 216555. v,3 .., .) . _.' 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 may 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. 2. Such charges are not contingent upon the availability of federal or state government funds. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date and year hereinabove first written. CITY OF SHAKOPEE By: John J. Schmitt, Mayor By: Mark McNeill, City Administrator By: Judith S. Cox, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was ac1mowledged before me this day of ,20 _, by Jo1m J. Schmitt, Mark McNeill, and Judith S. Cox, respectively the Mayor, City Administrator, and City Clerk of the City of Shakopee, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Shakopee Mdewakanton OFFICERS Stanley R, Crooks Sioux Community Chairman Glynn A, Crooks , Vice Chairman , ' 2330 SIOUX TRAIL NW - PRIOR LAKE, MINNESOTA 55372 Lori K, Beaulieu . TRIBAL OFFICE: 952-445-8900 - FAX: 952-445-8906 Secretaryrrreasurer , " To: Toni Huber Ref: Fire Mutual Aid Agreement From: Mdewakanton Fire Department Toni, Included you will find the mutual aid agreement. If there is any question please call me at the station 952-233-1077. Also when completed feel free to contact me to make arrangements for pick up agreement or you can. send back to the fire station. Station address: Mdewakanton Emergency Services 2330 Sioux Trail NW Prior Lake, Mn.55372 RespectfullY'~~' John D. Riegert 1 st Assistant