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.
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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.
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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
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By_
Title
3
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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: