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ITEM 3.6 Mutual Aid Agreement-Fire4 TY OF 06ezo MINNESOTA CD!, DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Administrator/ Finance Director Flaherty December 11, 2017 PRESENTER(s) REVIEWED BY: ITEM #: Consent Item City Attorney MacArthur 3.6 AGENDA ITEM DETAILS RECOMMENDATION: City staff is recommending that the City Council approve a resolution adopting the Wright County Fire Chiefs Associations Joint Cooperative Agreement for the use of Fire Personnel and Equipment. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: The City of Otsego is located within Wright County, and currently contracts with the City of Albertville and its Fire Department to provide fire protection and emergency service response within a portion of Otsego. I In some instances, it may be necessary for the Albertville Fire Department to request mutual aid from other fire departments, which includes the possibility that mutual aid might be provided from a non - contractual fire department from another municipality in Wright County. The Wright County Fire Chiefs Association has been operating under a loosely formed Mutual Aid Agreement, with no available written documentation of the agreement. In May of 2017, the Wright County Fire Chiefs Association formalized and adopted a Joint Cooperative Agreement for the use of Fire Personnel and Equipment. With the approval of the respective agreement, the City of Otsego, although not having its own Fire Department, will be consistent with other Cities in Wright County whom may at some point provide mutual aid emergency response within Otsego. Another outcome of the agreement is that any Wright County Fire Department, so as long as they have also approved said agreement, is more justified in their efforts to recover costs from a third party that are incurred during a mutual aid emergency response. The agreement has been reviewed by Otsego City Attorney MacArthur with favorable comment. SUPPORTING DOCUMENTS ATTACHED: • Resolution 2017-98 • Joint Cooperative Agreement for the use of Fire Personnel and Equipment POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve Resolution 2017-98; adopting the Wright County Fire Chiefs Associations Joint Cooperative Agreement for the use of Fire Personnel and Equipment. RUDGIFT INFORMATION FUNDING: BUDGETED: N/A CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2017-98 ADOPTING THE WRIGHT COUNTY FIRE CHIEF'S ASSOCIATION JOINT COOPERATIVE AGREEMENT FOR THE USE OF FIRE PERSONNEL AND EQUIPMENT WHEREAS, the Wright County Fire Chief s Association has adopted an agreement for Joint and Cooperative Use of Fire Personnel and Equipment; and WHEREAS, the City of Otsego believes the effectiveness of fire protection and emergency response within the City is improved by adopting this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: The attached Joint Cooperative Agreement for the use of Fire Personnel and Equipment is hereby approved. 2, The Mayor and City Clerk are hereby authorized to execute the agreement on behalf of the City of Otsego. ADOPTED by the Otsego City Council this 1 1th day of December, 2017. ATTEST: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk MOTION made by Council Member and SECONDED by Council Member IN FAVOR: OPPOSED: JOINT COOPERATIVE AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT WRIGHT COUNTY FIRE CHIEFS ASSOCIATION 1. 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 subdivisions. 11. Definitions "Party" means a city in Wright County that has approved and executed this Agreement. "Requesting Official" means the person designated by a party who is responsible for requesting assistance from other parties. * "Requesting Party" means a party that requests assistance from other parties. "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. "Responding Party" means a party that provides assistance to a Requesting Party. e "Assistance" means fire and/or emergency medical services personnel and/or equipment. o "Specialized Activities" means non -emergency assistance to include but not be limited to: fire investigators, fire inspectors, fire educators, fire instructors, training personnel and associated equipment and facilities. 111. Parties The parties eligible to enter into this Agreement shall consist of the Active and Affiliate member Cities of the Wright County Fire Chiefs Association. Upon the adoption of a resolution by its governing body, and this Agreement shall be forwarded by the member party to the Secretary of the Wright County Fire Chiefs Association together with a certified copy of the resolution authorizing the Agreement. The Secretary of the Wright County Fire Chiefs Association shall maintain a current list of the parties to this Agreement and, whenever there is a change in the parties of this Agreement, shall notify the designated responding official of each party of such change. IV. Procedure Subd. 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. Specialized activities of a non -emergency nature may be requested and/or provided by the Parties of this Agreement. Subd. 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. No Responding Party shall be required to respond to a request for assistance. Subd. 3. Recall of Assistance. The Responding Party 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. Subd. 4. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. All mutual aid operations will be carried out according to the National Incident Management System (NIMS). 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. 2 V. Workers' Compensation Each party shall be responsible for injuries or death of its own personnel. Each party will maintain worl,,ers' compensation insurance, 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 dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. VI. 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. Subd. 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Chapter 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. § 466.0 1, subdivision 6) of the Requesting Party. Subd. 2. The Requesting Party agrees to hold harmless, 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 or of the Requesting Party, 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. 97 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 occuff ence to be defended by a single attorney. Subd. 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. V11. Charges to the Requesting Party Subd. 1. The Requesting Party shall reimburse the Responding Party for supplies used regardless of whether the Requesting Party recovers the cost of such supplies from the person(s) or entity to whom emergency service was provided. Subd. 2. In the event the Requesting Party seeks to recover from a third party the cost of providing emergency services to which a Responding Party responded pursuant to this Agreement, all amounts recovered by the Requesting Party for such provision of emergency services (after reimbursement of supplies used as set out in Section VII, Subd. I above) shall be divided pro -rata between the Requesting Party and all Responding Parties based on the man hours and equipment provided, calculated at the respective rates set out on the attached Exhibit A. The Requesting Party may deduct any legal or collection costs incurred by the Requesting Party in collecting reimbursement from the person or entity to whom emergency services were provided before calculating each Responding Party's pro -rata share of such reimbursement. Subd. 3. In the event a Party adopts an ordinance requiring reimbursement from some or all parties receiving emergency services, such ordinance shall adopt,� either directly or by reference, the rate schedule attached as Exhibit A to this Agreement. in VIII. Duration This Agreement will be in force from the date of execution by any two Wright County cities. Any Wright County city may join this joint powers entity at anytime via passage of this Agreement and execution of the same. Any party may withdraw from this Agreement upon thirty (30) days written notice to the other party or parties to the Agreement. IX. Dissolution Upon dissolution, all property and assets of the joint powers entity (if any) shall be disbursed in equal amounts to the cities that are parties to this Agreement immediately prior to such dissolution. X. Execution Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. CITY OF OTSEGO MM 1.90 Jessica Stockamp, Mayor Tami Loff, City Clerk 5 EXHIBIT A Apparatus: Rate Per Hour: Engine (Up to 4 Personnel) $275 Ladder / Aerial (Up to 4 Personnel) $275 Water Tender (Up to 2 Personnel) $200 Heavy Rescue / Rescue / Ambulance (Up to 2 Personnel) $185 Command Vehicle / Utility Truck / Grass Truck (Up to 2 Personnel) $85 ATV / UTV wi water tank_ (Up to 2 Personnel) $50 Extra Personnel $15/hr County -Wide Response Teams: Special Response Unit $500 Fire Investigation Team $300