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HomeMy WebLinkAbout6.f. Dakota County Mutual Aid Fire Services AgreementCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: NOVEMBER 3, 2003 AGENDA: DAKOTA COUNTY MUTUAL AID FIRE SERVICE AGREEMENT AGENDA SECTION: CONSENT PREPARED BY: LINDA JENTINK, CITY CLERK AGENI TEEM ff 6 F ATTACHMENTS: AGREEMENT APPROVED BY: Fire Chief Scott Aker has participated in joint meetings with Dakota County Fire Chiefs in the review and update of the mutual aid agreement. Our City Attorney and each city in the County has had the opportunity to review and advise changes. The agreement has gone through several revisions to the satisfaction of our City Attorney Charlie LeFevere. The this Agreement is self- renewing until one of the parties requests a revision. The purpose of this agreement is to authorize joint and cooperative exercise of powers common to contracting parties for fire or emergency medical services within Dakota County. Staff recommends approval for the mutual benefit of our City and surrounding cities. RECOMMENDED ACTION Agreement. MOTION to approve the Dakota County Mutual Aid Fire Services COUNCIL ACTION: DAKOTA COUNTY MUTUAL AID FIRE SERVICES AGREEMENT This agreement is entered into among the Cities of Apple Valley, Burnsville, Cannon Falls, Eagan, Fannington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Miesville, Northfield, Rosemount, South St. Paul, and West St. Paul, the Metropolitan Airport Commission, and the Randolph - Hampton Fire District, . 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 one party from other parties to this Agreement for the purpose of fire or emergency medical services. 2. Definitions. 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. 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. 4. 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. The decision of the Responding Party or Official to respond shall be determined solely by the Responding Official and shall be conclusive. No liability to the Responding Party or Official shall result by failing to respond or to provide assistance to the Requesting Party. 5. Recall of Assistance. The Responding Official, at his /her own sole discretion (by order of the governing body of the Responding Party), may at any time recall assistance when it is detennined that the Responding Party shall cease any further assistance. No liability to the Responding party or Official shall result by the Responding Party's recall of assistance. H:LMC /mutualaidagreement06l 803/1 ofl 9 Page 1 of 19 A 6. 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 commanding officer of the 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. 8. 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. 9. Limits of 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 persons acting on behalf 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. 3. No party to this agreement, or any employee, official, or volunteer 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. H: LMC /mutualaidagreement06l803 /2of19 Page 2 of 19 10. Charges to the Requesting Party. 1. Except as otherwise provided herein, no charges will be imposed or charged 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 12 hours. If assistance provided under this agreement continues for more than 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 12 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. 2. Notwithstanding the above, in the event the Requesting Party is authorized to and does impose or charge a third party for the costs of providing fire protection and fighting services for which a Responding Party renders assistance to the Requesting Party under this Agreement, the Requesting Party shall submit to any third party paying the costs of the fire services the Responding Party's statement of costs and shall pay to the Responding Party the amount of its costs within 30 days upon receipt of the same from the third party. 3. Notwithstanding the above, a Responding Party shall be reimbursed by the Requesting Party for the actual costs of any supplies provided by the Responding Party in assisting the Requesting Party under the agreement. The Requesting Party shall make full reimbursement within 30 days of receipt of an itemized statement or invoice of the actual costs of each supply. 11. Duration. This agreement shall remain in force until and unless cancelled by any party upon thirty (30) days written notice to all other parties; provided that such cancellation shall only apply to the canceling party. 12. Effective Date and Execution. Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. This agreement is intended to supersede any prior agreement among the parties. 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 Dakota County Fire Chiefs' Association. This Agreement shall be effective as of the date that any two parties have executed this Agreement. This Agreement shall remain in effect for each party that has approved and executed the Agreement until the party cancels the Agreement pursuant to Paragraph 10 above. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed in their respective corporate names by their duly authorized officers by authority of their respecting governing bodies. H: LMC /mutualaidagreement061803 /3of19 Page 3 of 19 CITY OF ROSEMOUNT CITY CLERK / CITY MANAGER / CITY ADMINISTRATOR DATE: H: LMC /mutualaidagreement061803 /16ofl9 Page 16 of 19