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HomeMy WebLinkAbout6.q. Wakota Mutual Firefighter's Aid Association Fire Service AgreementCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING: FEBRUARY 3, 2004 AGENDA: WAKOTA MUTUAL FIREFIGHTER'S AID AGENDA SECTION: ASSOCIATION FIRE SERVICE AGREEMENT CONSENT PREPARED BY: LINDA JENTINK, CITY CLERK ATTACHMENTS: AGREEMENT APPROVED BY- Fire Chief Scott Aker has participated in joint meetings with WAKOTA (Washington County and Dakota County) Fire Chiefs in the review and update of the mutual aid agreement. Our City Attorney and each party has had the opportunity to review and give input to the revisions. The agreement has gone through several revisions to the satisfaction of our City Attorney Charlie LeFevere. The term of the Agreement is three years. The intent of this agreement is to make equipment, personnel and other resources available to political subdivisions from other political subdivisions. Staff recommends approval for the mutual benefit of our City and surrounding cities. r WAKOTA MUTUAL FIREFIGHTER'S AID ASSOCIATION FIRE SERVICE AGREEMENT This Agreement is entered into among the Cities of Cottage Grove, Hastings, Inver Grove Heights, Maplewood, Newport, Prescott, Rosemount, St. Paul Park, Woodbury, and Lower St. Croix Valley Fire Protection District for its covered cities. 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 political subdivisions from other political subdivisions. 1. "Party" means a political subdivision. 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. 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. 6. "Assistance" means Fire and/or emergency medical services personnel and equipment. 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 from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. No liability to the Responding party or Official shall result by the Responding Party's recall of assistance. 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 A I t Requesting Party until the Responding Official withdraws assistance. The employees, volunteers, or personnel of the Responding Party shall be, and are deemed to be, employees of the Responding party and at no time shall they be deemed as employees, personnel, or volunteers of the Requesting Party. 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 dependants, 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. Liability 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party. 2. 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 assistance in responding to a request for assistance 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 Statutes Chapter 466 applicable to any one 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. The intent of this 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 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 assistance to any other party, or for recalling assistance, both as described in this agreement. F Charges to the Requesting Party Subd. 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 that assistance continues for a period of more than twelve (12) hours. If assistance provided under this agreement continues for more than twelve (12) hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial twelve -hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. Subd. 2 Such charges are not contingent upon the availability of federal or state government funds. Duration This agreement will be in force for a period of three (3) years from the date of execution. Any party may withdraw from this agreement upon thirty (30) days written notice to the other party or parties to the agreement. Execution Each party hereto has read, agreed to, and executed this Mutual Aid Agreement on the date indicated. Each party to this agreement shall maintain a copy of an executed copy of this agreement. Such copy shall be provided by the Secretary- Treasurer of the Wakota Mutual Firefighter's Aid Association within thirty (30) days of the agreement and execution by the President and Secretary- Treasurer of the Wakota Mutual Firefighter's Aid Association. IN WITNESS WHEREOF, the undersigned, on behalf of their political subdivision or their fire department corporation has executed this agreement pursuant to authorization by the City Council of the City of , or the governing body of the Fire Department, Inc. on this date of City of by by Fire Department of by by its Mayor its City Manager or Clerk its Fire Chief its Secretary