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HomeMy WebLinkAbout6.j. Fire Department Statewide Mutual Aid AgreementCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: December 18, 2001 AGENDA ITEM: Fire Department statewide mutual aid agreement AGENDA SECTION: Consent PREPARED BY: Scott Aker, Fire Chief AGEN I+J ATTACHMENTS: Mutual aid agreement and resolution APPROVED BY: IF T As was previously outlined in a weekly report, the fire department has the opportunity to join in a statewide mutual aid agreement. This could be utilized once the local resources and those regional mutual aid contracts which we are now part of have been exhausted. This would most likely occur in the case of some type of a natural disaster where we would have to call on departments outside of Dakota County. We would also be expected to reciprocate should some other department in the vicinity have a similar request. The city attorney has reviewed the mutual aid agreement that was prepared by the League of Minnesota Cities and also the delegation of authority. Everything met with his approval. RECOMMENDED ACTION: MOTION to authorize the Rosemount Fire Department to join in a statewide mutual aid agreement. COUNCIL ACTION: LMCIT MODEL MUTUAL AID AGREEMENT 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 political subdivisions from other political subdivisions. 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 Parry" 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 (Check the type of assistance that will be provided): a. Public Works personnel and equipment b. Fire and/or emergency medical services personnel and equipment X C. Law enforcement personnel and equipment d. Utility personnel and equipment e. Other personnel and equipment as listed below: 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. CLL- 207124v 1 RS215 -5 1 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. 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 Requesting Party until the Responding Official withdraws assistance. 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. Statr 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. CLL- 207124vl RS215 -5 2 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 parry to furnish assistance to any other party, or for recalling assistance, both as described in this agreement. 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 48 hours. If assistance provided under this agreement continues for more than 48 hours, the Responding Party will 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 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 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. Date Entity LO Title Date Entity CLL- 207124v 1 RS215 -5 By_ Title 3 ti CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2001— A RESOLUTION AUTHORIZING MUTUAL AID WHEREAS, the City Council of the City of Rosemount finds that there are situations where another local government may need the assistance of the City of Rosemount personnel and equipment and it would be impossible or impractical for the City of Rosemount to meet to authorize sending such assistance; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount authorizes the City of Rosemount Fire Chief or his/her designee to dispatch equipment and personnel as deemed necessary to assist another local government. This decision shall be made after considering at all times and in each case the internal needs of the City of Rosemount in addition to the needs of the party requesting our assistance. This action shall be considered to be an official act of the City of Rosemount and all policies regarding compensation, use of equipment, insurance etc. will apply. The City of Rosemount Fire Chief or his/her designee shall recall the City of Rosemount's equipment and personnel if it is needed or if it is no longer needed by the requesting local government or if the City Council of the City of Rosemount orders that action. ADOPTED this 18 day of December, 2001. Cathy Busho, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Voted in favor: Voted against: Seconded by: Member absent: