1m Join Agreement SW Mutual Aid & use of Fire Equipment MI s , , . ,
..: .
CITY OF
_1_ m.
-. -Vi'''.:' f ----, , CHANHASSEN
1 :::,,:„., R =t E Y
" ... 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I (612) 937 -1900 • FAX (612) 937 -5739
Actico by City AdministrntdC
1 MEMORANDUM od rs:d .: {
Rejected__
1 TO: Mayor Date L `—�—
City Council Submitted to Commission
Don Ashworth, City Manager Date Su crate Submitted to Council ,
1 FROM: Scott Harr, Public Safety Director - /,4-
1 DATE: May 25, 1993
SUBJ: Southwest Mutual Aid Association Joint and Cooperative Agreement
1 for Use of Fire Personnel and Equipment
Use of a Fire Education Display in the Form of a Small House on a
1 Movable Trailer
"' This memo is to recommend approval of the attached fire joint services agreements.
PP joint �'
The first is for mutual aid utilizing fire personnel and equipment in the event of a large
I scale emergency, and the other is for the mutual use of the fire education trailer that the
involved communities shared in the expense of.
1 These agreements have been reviewed by our insurance carrier and the League of Cities
legal staff. It is the recommendation of staff that these agreements be approved.
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
1 DATE: RESOLUTION:
1 MOTION BY: SECONDED BY:
' A RESOLUTION APPROVING THE SOUTHWEST MUTUAL AID ASSOCIATION
AND COOPERATIVE AGREEMENT FOR USE OF
FIRE PERSONNEL AND EQUIPMENT
WHEREAS, the City of Chanhassen has previously approved and participated in
a 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; and
WHEREAS, the participating agencies have determined that it is advisable to
clarify and simplify the language of that agreement.
1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen, Minnesota, that the revised Southwest Mutual Aid Association Joint and
' Cooperative Agreement for Use of Fire Personnel and Equipment, a copy of which is
attached, is hereby approved and that the proper City officials are directed to execute
said agreement on behalf of the City as a participating member of the Association.
1 Passed and adopted by the Chanhassen City Council this
day of , 1993.
1 A'1"1'EST:
1
Don Ashworth, City Clerk /Manager Donald J. Chmiel, Mayor
' YES NO ABSENT
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J CITY OF CHANHASSEN 1
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: RESOLUTION:
MOTION BY: SECONDED BY: 1
A RESOLUTION APPROVING THE USE OF A FIRE EDUCATION DISPLAY IN THE 1
FORM OF A SMALL HOUSE ON A MOVABLE TRAILER.
WHEREAS, the City of Chanhassen is a member of the Southwest Mutual Aid 1
Association;
WHEREAS, additional insurance is not required if the display is owned by one of
the members rather than by the Association; and
WHEREAS, an agreement providing for the ownership, use, scheduling,
maintenance, and storage of the display is in the best interests of all Association
members. 1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen, Minnesota, that the Southwest Mutual Aid Association Joint Services 1
Agreement for Use of Fire Education Display, a copy of which is attached, is hereby
approved and that the proper City officials are directed to execute said agreement on
behalf of the City as a participating member of the Association. 1
Pass and adopted by the Chanhassen City Council this day of
, 1993.
A'1'I EST:
Don Ashworth, City Clerk /Manager Donald J. Chmiel, Mayor 1
YES NO ABSENT
1
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Southwest Mutual Aid A cia
o Lion
Joint And Cooperative Agreement For Use Of
Fire Personnel And Equipment
I. PURPOSE
I 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
I Mutual Aid Association, for the purpose of making 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. DEFINITION OF TERMS
1 For the purposes of this Agreement, the terms defined in this section shall have the
meanings given them below.
1 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.
1 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.
1 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
1 to determine whether and to what extentlhat 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
9 Y
beyond the normal scope of fire fighting, such as hazardous materials incidents,
1 high level rescue, or dive rescue.
1
1 Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 3 -4-93
Page 2
III. , PARTIES
The Parties to this Agreement are listed on attached Exhibit A and constitute the
membership the Southwest Mutual Aid Association. 1
Other entities may become a Party to this Agreement by complying with the conditions
provided in the Association rules and by applying to and receiving approval of all member Parties.
Any Party may withdraw from membership at any time upon thirty days written notice to the other 1
members. 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
1
• for a non - municipality, a letter executed by an official with sufficient authority to bind that
party which recites the basis of that authority.
IV. 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 I
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 1
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
q 9 Y�
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.
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 I
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, I
its officers, employees, or volunteers.
Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 3 -4-93
Page 3
Subd. 7. Specialized activities of a non - emergency nature may be requested and/ or
provided by the Parties to this Agreement.
1 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
1 as provided for in the association rules.
I V. OPERATING COMMITTEE
The association shall have an Operating Committee to administer this Agreement.
I Subd. 1. The Chief of each Party's Fire Department, or designee, shall be the Party's
representative to the Association Operating Committee.
I Subd. 2. 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.
I Subd. 3. The Operating Committee shall meet periodically, but not less than quarterly to
conduct the business of the Association.
1 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
I 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 to any third person or persons, or damage to the property of
I 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,
I 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
I 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. EFFECTIVE DATE
I This Agreement shall be effective upon execution by all of the Parties listed on the attached
This
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 III. Upon receipt of all executed signature pages, the Secretary shall send a
copy of the fully executed agreement to each member.
' Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 3 -4-93
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ADMINISTRATION MEDICAL CENTER-
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Southwest Mutual Aid Association 1
Personnel And Equipment Agreement EXHIBIT A 1
City of Bloomington: City of Minnetonka:
Bloomington Fire Dept. Minnetonka Fire Dept.
2215 Old Shakopee Rd. 14550 Minnetonka Blvd.
Bloomington, MN 55431 Minnetonka, MN 55345 1
City of Chanhassen: City of Plymouth: 1
Chanhassen Fire Dept. Plymouth Fire Dept.
7610 Laredo Dr., Box 97 3400 Plymouth Blvd. I
Chanhassen, MN 55317 Plymouth, MN 55447
City of Eden Prairie: City of Richfield: 1
Eden Prairie Fire Dept. Richfield Dept. of Pub. Safety
7801 Mitchell Rd. 6700 Portland Ave.
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Eden Prairie, MN 55344 Richfield, MN 55423
City of Edina: 1
tv City of St. Louis Park:
. Edina Fire Dept. St. Louis Park Fire Dept.
6250 Tracy Ave. 5005 Minnetonka Blvd.
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Edina, MN 55436 St. Louis Park, MN 55416
of Excelsior:
1
City City of Wayzata:
Excelsior Fire Dept. Wayzata Fire Dept.
339 3rd Street 600 Rice St.
Excelsior, MN 55331 Wayzata, MN 55391
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City of Golden Valley: Metropolitan Airport Commission:
Golden Valley Fire Dept. Airport Fire Dept. 1
7800 Golden Valley Rd. 6307 34th Ave. S.
Golden Valley, MN 55427 Minneapolis, MN 55440
1
City of Hopkins: V.A. Fort Snelling 1
Hopkins Fire Dept. Fire Dept. /138 Bldg. 70
1010 1st St. S. One Veterans Drive
Hopkins, MN 55343 Minneapolis, MN 55417 1
3-4 -93 1
1 ;
1 Southwest M Association
Joint Services Agreement For Use Of
Fire Education Display
1 1. Parties. The Parties to this Agreement are the members of the Southwest Mutual
Aid Association (the "Association "), as may be now constituted or hereafter revised.
' Any Party which joins the Association after the execution of the Joint And Cooperative
Agreement For Use Of Fire Personnel And Equipment shall automatically be a Party to
this Agreement.
1 2. Background. The Association has obtained a fire education display in the form of a
small house on a movable trailer (the "display "). This Agreement is intended to clarify
' ownership and use of the display and responsibility for scheduling, maintaining, and
storing the display.
1 3. Ownership. The City of Minnetonka shall own the display and be responsible for
obtaining property damage insurance covering the value of the display.
1 4. Use. All members of the Association shall have the opportunity to use the display
without charge, in accordance with reasonable scheduling requirements to be
' determined by the Operating Committee of the Association ( "Operating Committee ").
5. Operations. The Operating Committee shall be responsible for all decisions
' regarding the use and operation of the display, including its disposition. The Operating
Committee shall designate which members have the responsibility for scheduling,
maintaining and storing the display.
' 6. Costs. If a Party incurs costs for performing y p o ming a responsibility under paragraphs 3 or 5
of this Agreement which are beyond the costs that the Party would otherwise incur, the
Party may submit an invoice to the Association Secretary for reimbursement of those
costs. The costs may be paid out of normal Association dues or the Secretary may
1 separately invoice each member for an equal share of those costs. Each Association
member shall pay the invoice within 35 days after the invoice date.
7. Disposition. If the Operating Committee votes to dispose of the display, any funds
received shall be placed in the Association's general fund or disbursed equally to all
Association members, as determined by the Operating Committee. The City of
' Minnetonka agrees to relinquish ownership of the display if the Operating Committee
votes to dispose of the display. ,
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Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Education Display, 3 -4 -93
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8. Indemnification. Each Party agrees to defend and indemnify all other Parties for any
claims resulting from incidents which occurred while the display was in the Party's
possession, subject to the liability limits set forth in Minnesota Statutes Chapter 466.
Under no circumstances shall a Party be required to pay, on behalf of itself and other
Parties, any amounts in excess of the liability limits for that Party under Chapter 466.
The liability limits for some or all of the Parties may not be added together to increase
the maximum statutory liability for any Party. 1
9. Waiver of Subrogation. Each Party waives the right to sue any other Party for any
worker's 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 officer,
employees, or volunteers.
10. Termination. Any Party which terminates its membership in the Association shall
automatically be terminated as a Party to this Agreement effective the same date. In
addition, any Party may terminate its participation in this Agreement, without
terminating its membership in the Association, by giving 90 days advance written notice
to the Association Secretary. 1
11. Change in Ownership. If the City of Minnetonka or a subsequent owner wishes to
divest itself of ownership, it may give 90 days advance written notice to the Association 1
Secretary that its ownership will cease. The Association Operating Committee may
seek another member to assume ownership. The City of Minnetonka, or a subsequent
owner, may transfer ownership of the display to any other member without approval
1
from the other Association members or an amendment to this Agreement. Any Party
which assumes ownership shall also assume the rights and obligations of the City of
Minnetonka pursuant to paragraphs 3, 6, and 7. If no other Party wishes to assume
ownership, the Operating Committee shall either dispose of the display or make other
arrangements satisfactory to the Association.
12. Effective Date. This Agreement shall be effective upon execution by all of the
Parties 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 the following:
• 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.
Upon receipt of all executed signature pages, the Secretary shall send a copy of the
fully executed agreement to each member.
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Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Education Display, 3 -4-93
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UNITED STATES VETERAN'S
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Ft. SNELLING
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Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Education Display 3-4-93
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Southwest Mutual Aid Association 1
Fire Education Display Agreement EXHIBIT A
City of Bloomington: City of Minnetonka:
I
Bloomington Fire Dept. Minnetonka Fire Dept.
2215 Old Shakopee Rd. 14550 Minnetonka Blvd.
Bloomington, MN 55431 . Minnetonka, MN 55345 1
City of Chanhassen: City of Plymouth: 1
Chanhassen Fire Dept. Plymouth Fire Dept.
7610 Laredo Dr., Box 97 3400 Plymouth Blvd.
Chanhassen, MN 55317 Plymouth, MN 55447
I
City of Eden Prairie: City of Richfield: •
Eden Prairie Fire Dept. Richfield Dept. of Pub. Safety
7801 Mitchell Rd. 6700 Portland Ave.
Eden Prairie, MN 55344 Richfield, MN 55423
. City of Edina: City of St. Louis Park: 1
Edina Fire Dept. St. Louis Park Fire Dept.
6250 Tracy Ave. 5005 Minnetonka Blvd. 1
Edina, MN 55436 St. Louis Park, MN 55416
City of Excelsior: City of Wayzata: I
Excelsior Fire Dept. Wayzata Fire Dept.
339 3rd Street 600 Rice St.
I
Excelsior, MN 55331 Wayzata, MN 55391
1
City of Golden Valley: Metropolitan Airport Commission:
Golden Valley Fire Dept. Airport Fire Dept.
I
7800 Golden Valley Rd. 6307 34th Ave. S.
Golden Valley, MN 55427 Minneapolis, MN 55440
City of Hopkins: V.A. Fort Snelling
Hopkins Fire Dept. Fire Dept. /138 Bldg. 70 1
1010 1st St. S. One Veterans Drive
Hopkins, MN 55343 Minneapolis, MN 55417
1
3-4 -93 1
1