1i Southwest Mutual Aid Associa CITYOF
7700 Market Bouleard
PO Box 147
Cha'!hassen. Mt.i 5531
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Pz~n~: 952.227 i180
?~: 95! 227. i i99
Engineering
F-_'-~: 952.227.] i60
:.~ 952.227.ii70
Finance
;'tr-~ ill 22Li~ ':'
, .~. ~.
.:z,. ~id 217 ::if:
Park & Recreation
?: :"~: ~52 227:
%,:. 952.2271!16
P'-.2'~: 9~2227
F~.: 952.227 NOz
Planning &
Natural Resources
Public Works
!59i Fa.~'
..
'~'" 952.227 !SOl~
Senior Center
Fa',-952.227.i!10
Web Sile
MEMORANDUM
TO:
FROM:
DATE:
Todd Gerhardt, City Manager
Mark Littfin, Fire Marshal ~
July 31, 2002
SUB J:
Resolution Approving a Name Change to the Membership in the
Southwest Mutual Aid Association
The Chanhassen Fire Department has been a member of the Southwest Mutual
Aid Association for the past 9 years. The purpose of this association is to
provide fire equipment, personnel, and facilities to other members of the group
when needed. Any time a change in membership is made, all members of the
Association must approve the change by resolution.
The Excelsior Fire Department has reorganized and is now known as the
Excelsior Fire District. Since they have changed their name, a resolution
amending Exhibit A of the agreement (the membership list) is necessary. This is
the only change being made to the agreement.
RECOMMENDATION
It is recommended that the City Council approve the attached resolution as
presented.
gAsafetyhniXsmaa.doc
The City of Chanhassen. ,:, ~'3r,','ir:g CCCmLNi:, '.'.it~ c,~an IS:es qua2y scnoo s. a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live. work. and play.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
RESOLUTION NO:
MOTION BY:
SECONDED BY:
A RESOLUTION AMENDING EXHIBIT A TO THE SOUTHWEST MUTUAL AID
'ASSOCIATION AGREEMENT
WHEREAS, the City of Chanhassen has previously approved and participated in the mutual
aid agreement between the southwest suburban governmental agencies to provide cooperative use
of fire personnel and equipment.
WHEREAS, the agencies participating in this agreement have been designated the
Southwest Mutual Aid Association.
WHEREAS, the existing agreement requires the parties of the agreement to approve by
resolution a new Exhibit A to add a new member to the agreement.
WHEREAS, the Excelsior Fire Department was a member, but has changed its name to the
Excelsior Fire District and would like to continue to be a member of the Association.
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Chanhassen,
Minnesota that:
The revised Exhibit A dated July 25, 2002, which includes the Excelsior Fire District is
hereby approved as the new official list of parties to the agreement establishing the Southwest
Mutual Aid Association.
The City Clerk is directed to transmit a certified copy of this resolution to the secretary of
the Southwest Mutual Aid Association.
Passed and adopted by the Chanhassen City Council this 12th day of August, 2002.
ATTEST:
Todd Gerhardt, City Manager
Linda C. Jansen, Mayor
YES NO ABSENT
So uth west Mutual A id Association
City of Bloomington:
Bloomington Fire Dept.
2215 Old Shakopee Rd.
Bloomington, MN 55431
City of Minneapolis
Minneapolis Fire Dept.
300 S 5th St - Room 230
Minneapolis, MN 55415
City of Chanhassen:
Chanhassen Fire Dept.
7610 Laredo Dr., Box 97
Chanhassen, MN 55317
City of Minnetonka:
Minnetonka Fire Dept.
14550 Minnetonka Blvd.
Minnetonka, MN 55345
City of Eden Prairie:
Eden Prairie Fire Dept.
7801 Mitchell Rd.
Eden Prairie, MN 55344
City of Plymouth:
Plymouth Fire Dept.
3400 Plymouth Blvd.
Plymouth, MN 55447
City of Edina:
Edina Fire Dept.
6250 Tracy Ave.
Edina, MN 55436
City of Richfield:
Richfield Dept. of Pub. Safety
6700 Portland Ave.
Richfield, MN 55423
'"' '-.v ....... or:
~,,~.~,1o;~, Fire De~.
Excelsior Fire District
339 3rd Street
Excelsior, MN 55331
City of St. Louis Park:
St. Louis Park Fire Dept.
5005 Minnetonka Blvd.
St. Louis Park, MN 55416
City of Golden Valley:
Golden Valley Fire Dept.
7800 Golden Valley Rd.
Golden Valley, MN 55427
City of Wayzata:
Wayzata Fire Dept.
600 Rice St.
Wayzata, MN 55391
City of Hopkins:
Hopkins Fire Dept.
1010 1st St. S.
Hopkins, MN 55343
Metropolitan Airport Commission:
Airport Fire Dept.
6307 34th Ave. S.
Minneapolis, MN 55440
City of Maple Grove:
Maple Grove Fire Dept.
9101 Fembrook Lane
Maple Grove, MN 55311
7-25-2002
Southwest Mutual Aid Association
Joint And Cooperative Agreement For Use Of
Fire Personnel And Equipment
PURPOSE
This Agreement is made pursuant to Minnesota Statutes Section 471.59, which authorizes
the joint and cooperative exercise, of powers common to contracting Parties. The Parties to ·
this Agreement wish to create a regional Mutual Aid Association, hereafter called the
Southwest Mutual Aid Association, for the purpose of making fire equipment, personnel and
facilities available to each other upon request. This Agreement is intended to give each
Party the authority to send its equipment and personnel into the other communities and to
provide for an Operating Committee to administer this Agreement.
Ii.
!I1.
DEFINITION OF TERMS'
For the purposes of this Agreement, the terms defined in this section shall have the
meanings given them below.
Subd. 1. "Assistance" means the providing of fire personnel and equipment, fire
investigators, fire inspectors, fire educators, fire instructors, training personal and
associated equipment and facilities.
Subd. 2. "Emergency" means a sudden and unforeseen situation requiring immediate
action.
Subd. 3. "Party" means a governmental unit which is a Party to this Agreement.
Subd. 4. "Requesting Official" means the person designated by a Party who is responsible
for requesting Assistance from other Parties.
Subd. 5. "Requesting Party" means a Party which requests Assistance from other Parties.
Subd. 6.
"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.
Subd. 7.
"Responding Party" means a Party which provides Assistance to a Requesting
Party.
Subd. 8.
"Specialized Activities" means non-emergency Assistance to include but not be
limited to: fire investigators, fire inspectors, fire educators, fire instructors, training
personal and associated equipment and facilities.
Subd. 9. "Extraordinary Services" means emergency Assistance that includes activities
beyond the normal scope of fire fighting, such as hazardous materials incidents,
high level rescue, or dive rescue.
PARTIES
Southwest k~utual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment ~-'i9-95
,
The Parties to this Agreement are those entities which approve this Agreement and execute
a separate signature page in accordance with Section VIII.
The Parties constitute the membership the Southwest Mutual Aid Association.
Other entities may become a Party to this Agreement by complying with the conditions
provided in the Association rules, by applying to and receiving approval of all member
Parties, and by executing a separate signature page for this Agreement. Any Party may
withdraw from membership at any time upon thirty days written notice to the other
members. A party may be removed from membership only by a vote of at least
three-quarters of all other Parties to the Agreement and only for the following causes:
failure to comply with the terms of the agreement as may be modified or a failure to pay
dues.
IV.
Action by any Party which is required or permitted under this Agreement will be evidenced
by:
for a municipality, a resolution adopted by the governing body, or
for a non-municipality, a letter executed by an official with sufficient authority to bind that
party which recites the basis of that authority.
PROCEDURE
Subd. 1. Whenever, in the opinion of a Requesting Official, there is a need for Assistance
from other Parties, such Requesting OffiCial may, at his/her discretion, call upon
the Responding Official of any other Party to furnish Assistance to and within the
boundaries of the Requesting Party. Subject to the limitations set forth herein, it is
the intention of the Parties to this Agreement to cooperate in the event of an
emergency by making the necessary Assistance available to a Requesting Party
without undue delay.
Subd. 2. Upon the receipt of a request for Assistance from a Party, the Responding Official
may authorize and direct the Fire Department personnel under his/her control to
provide Assistance to the Requesting Party. Whether the Responding Party
provides such Assistance to the Requesting Party and, if so, to what extent such
Assistance is provided shall be determined solely by the Responding Official
(subject to such supervision and direction as may be applicable to him/her within
the governmental structure of the Party by which he/she is employed). Failure to
provide Assistance will not result in liability to a Party.
Subd. 3.
When a Responding Party provides Assistance under the terms of this
Agreement, it may in turn request Assistance from other Parties as "backup"
during the time that it is providing Assistance outside its boundaries.
Subd. 4.
Whenever a Responding Party has provided Assistance to a Requesting Party,
the Responding Official may at any time recall such Assistance or any part thereof
if the Responding Official in his/her best judgment deems such recall necessary to
provide for the best interests of his/her own community. Such action will not result
in liability to any Party.
Southi~,est Mutual Aid Associa#on Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95
i
Subd. 5. The Requesting Party shall be in command of the emergency scene. The
personnel and equipment provided by the Responding Party shall be under the
direction and control of the Requesting Party until the Responding Official
withdraws Assistance.
Subd. 6.
A Responding Party shall be responsible for its own personnel, equipment, and
for injuries or death to any such personnel or damage to any such equipment,
except that unused equipment provided by the Responding Party shall be
returned to the Responding Party by the Requesting Party when circumstances
permit this to be done. Responding personnel shall be deemed to be performing
their regular duties for the Responding Party. Insurance coverage and any
financial compensation shall be the responsibility of the Responding Party. Each
Party waives the right to sue any other Party for any workers compensation
benefits paid to its own employee or volunteer even if the injuries were caused
wholly or partially by the negligence of any other Party, its officers, employees, or
volunteers.
Subd. 7. Specialized activities of a non-emergency nature may be requested and/or
provided by the Parties to this Agreement.
Subd. 8.
No charge shall be made to a Party for Assistance rendered under this
Agreement except that a Party providing Assistance shall be paid for the cost of
supplies. A Party providing Assistance may charge for time and materials for
Specialized activities and Extraordinary Service as provided for in the association
rules.
V!
OPERATING COMMITTEE
The association shall have an Operating Committee to administer this Agreement.
Subd.
Subd. 2.
The Chief of each Party's Fire Department, or designee, shall be the Party's
representative to the Association Operating Committee.
It is the responsibility of the Operating Committee to establish rules, policies, and
standards and to take other necessary or prudent action to administer this
Agreement.
Subd. 3.
The Operating Committee shall meet periodically, but not less than quarterly to
conduct the business of the Association.
Subd. 4. The Association is not a separate legal entity. The Operating Committee shall
have no authority to own property, enter into contracts, or to receive and expend
funds except for routine administrative expenses.
VI.
RECIPROCAL DEFENSE AND INDEMNIFICATION
Except for the United States Veteran's Administration Medical Center ("the V.A.") which is
subject to federal laws prohibiting the following provision the Requesting Party agrees to
indemnify and defend against any claims brought or actions filed against the Responding
Party or any officers, employees, or volunteers of the Responding Party for injury or death
South~¥est Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95
·
to any third person or persons, or damage to the property of third persons, arising out of the
performance and provision of Assistance in responding to a request for Assistance by the
Requesting Party pursuant to this Agreement.
The intent of the indemnification requirement of this section is to impose on each
Requesting Party a limited duty to defend and indemnify any Responding Party for claims
arising within the Requesting Party's jurisdiction'subject to the liability limits under Chapter
466, Minnesota Statutes. The purpose of creating these reciprocal duties to defend and
indemnify is to simplify the defense of liability 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.
Under no circumstances, however, shall a Party be required to pay, on behalf of itself and
other Parties, any amounts in excess of the liability limits established in Chapter 466,
Minnesota Statutes, applicable to only one Party. The limits of liability for some or all
Parties may not be added together to increase the maximum statutory liability limits for any
Party.
Vii.
Viii.
IX.
WAIVER
Each party waives all claims against the V.A. and the V.A. waives all claims it may have
against any Party, for any compensation for any loss, damage, personal injury, or death
occurring in the consequence of the performance of fire protection services for the V.A. or
by V.A. personnel. However, this waiver does not preclude a fire organization from filinq
claims for fire fighting costs and losses pursuant to 15 U.S.C. 2210, beneficiaries from ~ling
claims for the deaths of firefighters and other public safety officers pursuant to 42 U.S.C.
3796, and individuals other than the Parties and their employees, from filing claims against
the United States pursuant to 28 U.S.C. 1346(b) and 2671-2680.
EFFECTIVE DATE
This Agreement shall be effective upon execution by three-quarters of the entities listed on
the attached Exhibit A which is incorporated by reference herein. Each Party shall execute
a separate signature page and forward that page to the Association Secretary, along with a
resolution or letter as provided in Section II!. Upon receipt of all executed signature pages,
the Secretary shall send a copy of the fully executed agreement to each member. If this
Agreement is executed by all of the entities listed on the attached Exhibit A, this Agreement
shall supersede, replace, and void all prior agreements which provide for the existence of
the Southwest Mutual Aid Association, and all assets of the Association under those
agreements shall be transferred to the Association created pursuant to this Agreement. If
the Agreement becomes effective by less than unanimous approval, the Parties to this
Agreement shall vote to transfer any assets of the pre-existing Southwest Mutual Aid
Association to the Association created under this Agreement and shall thereafter give
notice that they are withdrawing from the pre-existing Association.
AMENDMENT
This Agreement may be amended or terminated upon the affirmative vote of three-quarters
of the Parties then existing.
Southwest Mutual A/d'Assoc/at/on Jo/nt And Cooperat/ve Agreement For Use Of Fire Personnel And Equipment 1-19-95
To:
From:
Date:
Subject:
Southwest Mutual Aid,Association Chiefs
George Magdal
July 26, 2002
Council Resolution Required
Resolution Approving New Member Department Needed.
At our last Southwest Mutual Aid Association meeting we approved the change from
Excelsior Fire Department to Excelsior Fire District as a SWMAA member Department. To
complete this we must each pass a resolution approving the new "exhibit A" to our
agreement. Included in this packet is a copy of the agreement, a copy of the new exhibit
A., and a sample resolution. The agreement has already been approved by our councils.
It is only enclosed for reference purposes.
Please be sure to have the City Clerk send a certified copy of the resolution to me.
Thanks,
George J. Magdal
Hopkins Fire Marshal
1010 1st Street South
Hopkins, MN 55343
Work (952)939-1321
Cell (612)759-0672
Fax (952)935-1834
USA
· ,~, r~, tvl.'~N T