1h Resol Add Mpls Fire/SW MAA
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CITY OF
CHANHASSEN
I(J City Ctnttr Drivt, PO Box 147
Ch4nhllSSm, Minn"oM 55317
Phoot 612.937.1900
Gentra/ Fax 612.937.5739
Engineering Fax 612.937.9152
'ublit Saftty Fax 612.934.2524 MEMORANDUM
~b www.d.chonhlJSJtn.mn.UI
TO:
Scott Botcher, City Manager
FROM:
Mark Littfin, Fire Marshal
DATE:
March 31, 2000
SUBJECT:
Proposed Resolution
Scott, the Chanhassen Fire Department currently belongs to a Mutual Aid Group known as the
. SMAA, Southwest Mutual Aid Association. Exhibit A shows the current list of departments
that we can call, and they in turn could call us for assistance.
The resolution being proposed at this time for council approval is to allow Minneapolis Fire to
become a member of the SW AA. We did a similar resolution recently when Maple Grove was
added.
Can you present this to them or should I have Karen put it in the council packet?
Let me know if you have any questions or concerns.
g:lsafety\m"memo3-31
he Citv of Cho.bosse.. A frrIwinr community with cleon Iok". ouo/itv "hoob. 0 chormin. downtown. th,Í1¡i.. burine."''''. ond heoulilùl M';". A ,,"01 .bIff I. Ii",. ",.,k. ."d .fA.
Proposed Resolution
WHEREAS, the city of 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;·
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 City of Minneapolis would like to join the Association and would add
to the overall effectiveness;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
, Minnesota, that:
The revised Exhibit A dated 2/1/99, which includes the City of Minneapolis is hearby
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.
Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 ~
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Southwest Mutual Aid Association
Personnel And Equipment Agreement EXHIBIT A
City of Bloomington:
Bloomington Fire Dept.
2215 Old Shakopee Rd.
Bloomington, MN 55431
City of MinneaDolis
MinneaDolis 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
City of Excelsior:
Excelsior Fire Dept.
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 Fernbrook Lane
Maple Grove, MN 55311
2-16-2000
Southwest Mutual Aid Association
Joint And Cooperative Agreement For Use Of
Fire Personnel And Equipment
I. 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. 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.
Southwest Mutual Aid Association Joint And Cooperaüve Agreement For Use Of Fire Personnel And Equipment 1-19-95
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III. PARTIES
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.
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.
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 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.
Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19·95
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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 Re$ponding 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. 1. The Chief of each Party's Fire Department, or designee, shall be the Party's
representative to the Association Operating Committee.
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.
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 VA") 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
Southwest Mutual Aid Association Joint And Cooperaüve Agreement For Use Of Fire Personnel And Equipment 1-19-95
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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. WAIVER
Each party waives all claims against the VA and the VA 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 filing
claims for fire fighting costs and losses pursuant to 15 U.S.C. 2210, beneficiaries from filing
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.
VIII. 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 III. 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.
IX. AMENDMENT
This Agreement may be amended or terminated upon the affirmative vote of three-quarters
of the Parties then existing.
Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95