ITEM 3.6 Mutual Aid Agreement-Fire4
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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.
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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.
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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.
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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 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.
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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
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Jessica Stockamp, Mayor
Tami Loff, City Clerk
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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