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
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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.
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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.
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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.
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CITY OF ROSEMOUNT
CITY CLERK / CITY MANAGER /
CITY ADMINISTRATOR
DATE:
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