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CR 08-044 Approve Resolution Authorizing the Execution of a Joint Powers Agreement for the Leasing of Breathing Appartus . April 22, 2008 Council Report 2008-044 Approve Resolution Authorizing the Execution of a Joint Powers Agreement for the Leasing of Breathing Apparatus. Proposed Action. Staff recommends approval of the following motion: Adopt Resolution 2008-029. A resolution authorizina the execution of a Joint Powers Aareement with the west metro area cities for the purpose of leasina breathina apparatus. Overview. The City of Hopkins Fire Department has been invited to join the Cities of Edina, Minnetonka, Eden Prairie and Bloomington to enter into a Joint Powers Agreement (JPA) for the purpose of leasing breathing apparatus. Approving this resolution will allow us to enter into a agreement whereby the cities can jointly purchase SCBA for lease. This would be a cost savings over the current policy of purchasing the units on our own. Primary Issues to Consider . Why are we recommending this change? . Will this provide a cost savings/efficiency? . What other cities is part of this agreement? Supportina Information . Resolution 2008-029 . Joint Powers Agreement c:lt Av ~1~ Dale Specken Fire Chief Financial Impact: $ Budgeted: Related Documents(CIP, ERP, etc.): Notes: Y/N Source: Primary Issues to Consider . Why are we recommending this change? By entering into a Joint Powers Agreement (JPA) with 4 other cities, Minnetonka, Eden Prairie, Bloomington and Edina we will be able to lease breathing apparatus as opposed to purchasing it. Our breathing apparatus is replaced every 15 years and is currently purchased out of the equipment replacement program. With the changes in the National Fire Protection Association (NFPA) safety standards, it is no longer safe to have breathing apparatus replaced every 15 years. It is more cost effective to lease rather than purchase. . Will this provide a cost savings/efficiency? Participating in the JPA does not require us to purchase breathing apparatus but rather assists this committee in knowing what departments will be participating in the JPA so that the committee can send out a request for bids and locate the most competitive prices for the purchase of breathing apparatus. The breathing apparatus will then be a leased expenditure in the annual budget rather then a purchase out of the Equipment Replacement Program. Joining into this JPA will also contribute to the goal of the fire service to have more interoperability with neighboring departments. Since we will all have the same breathing apparatus all of the bottles will be interchangeable. It will make it easier to work with other departments in case there is an emergency or disaster. Joining this JPA will remove having to place $200,000.00 in the equipment replacement and instead $10,000.00 -13,000.00 will be allocated in the annual budget. Placing this in the operating budget will have a total overall cost savings of $10,000.00 - $12,000.00 for breathing apparatus. · What other cities is part of this agreement? The cities that have asked us to join them are: o City of Minnetonka o City of Bloomington o City of Edina o City of Eden Prairie o Possibly five other cities are considering joining the JPA Alternatives 1) Adopt Resolution 2008-029, authorizing the execution of a Joint Powers Agreement for the leasing of breathing apparatus. 2) Continue item for more information. 3) Do not adopt Resolution 2008-029. Staff recommends Alternative # 1 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2008-029 RESOLUTION Aprove Resolution Authorizing the Execution of a Joint Powers Agreement for the Leasing of Breathing Apparatus WHEREAS, the City of Hopkins has the authority to enter into Joint Powers Agreement (JPA) to Lease SCBA's; and WHEREAS, the Hopkins Fire Department has been invited to enter into a JPA Agreement with the cities of Minnetonka, Eden Prairie, Edina, Bloomington and the possibility of other cities in the future to lease SCBA's as opposed to purchasing the equipment; and WHEREAS, leasing the equipment would result in the use of state of the art equipment assuring that the safety standard and National Fire Protection Association are met; and WHEREAS, the JPA will allow the cities to send out a request for bids and locate the most competitive prices; and WHEREAS, leasing the SCBA's could result in an overall cost savings of $10,000 - $12,000; NOW, THEREFORE, BE IT RESOLVED that the City of Hopkins City Council approves a Joint Powers Agreement with Minnetonka, Edina, Eden Prairie and Bloomington Fire Departments and future cities that may become members of the JPA for the purpose of leasing Self Contained Breathing Apparatus (SCBA). Adopted this 6th day of May, 2008. Eugene Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk JOINT & COOPERATIVE AGREEMENT FOR LEASING AND USE OF SCBA 1. Purpose This Agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of governmental powers common to contracting parties. The intent of this Agreement is to make available leased self-contained breathing apparatus (SCBA) to the governmental agencies who are parties to this Agreement. 2. Parties The initial parties to this Agreement are the cities of Bloomington, Eden Prairie, Edina, and Minnetonka, all of which are municipal corporations and subdivisions of the state of Minnesota. Additional governmental agencies may become parties to this Agreement by adopting a resolution approving this Agreement and sending an original execution page and a certified copy of the resolution to the secretary ofthe Operating Committee established below. The secretary of the Operating Committee must maintain a current list of the parties to this Agreement and must notify the contact person for each party whenever there is a change in the parties to this Agreement. 3. Operating Committee 3.1. Creation. There will be an Operating Committee (the "Committee") to administer this Agreement. The Committee will consist of one representative appointed by each ofthe parties to the Agreement. In the absence of a specific appointment, a party's representative will be its fire chief. Each member of the Committee is entitled to one vote. 3.2. Procedural Rules. The Committee must adopt procedural rules to govern its operations. 3.3. Officers. The Committee will select from its members a chair to conduct meetings, a vice-chair to act in the place of the chair, and a secretary to keep the records of the Committee. SCBA Joint Agreement Page 2 3.4. Powers, Duties. The Committee has the authority and responsibility to administer this Agreement on behalf of the parties and to take all necessary actions allowed by law to implement its terms. 4. Procedures For SCBA 4.1. Leasing SCBA. The Committee will take all of the actions necessary for leasing SCBA to serve its members. The Committee will comply with the Municipal Contracting Law, including the preparation of specifications and request for proposals. The Committee will designate one of the member parties to act as the lead agency for selecting the contractor, based on the recommendation of the Committee. 4.2. Contract Terms. The contract with the selected contractor (the "Leasing Contract") must provide that each party to this Agreement will order SCBA directly from the contractor and make payments directly to the contractor. The Leasing Contract must provide a specific number of SCBA to be initially provided to each party and must establish the circumstances under which additional SCBA may be ordered. No party will have any responsibility for paying for the number of SCBA designated for, or ordered by, any other party. The Leasing Contract must provide that the contractor will own, maintain, and certify the SCBA and will replace the SCBA as needed. The Leasing Contract must provide the terms of payment to the contractor for this service. 4.3. Rules "for use of SCBA. The Committee will establish rules and procedures for the use of the SCBA by the parties, including determining the responsibility for damage to, or loss of, the SCBA. 5. Responsibility for Employees All persons engaged in the work to be performed by a party under this Agreement may not be considered employees of any other party for any purpose, including worker's compensation and other claims that mayor might arise out of the employment context on behalf of the employees. All claims made by a third party as a result of any act or omission of a party's employees while engaged on any of the work performed under this Agreement are not the obligation or responsibility of any other party. Each party is responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing services under 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 dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. SCBA Joint Agreement Page 3 6. Indemnification Each party agrees to defend, indemnify, and hold harmless the other parties against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the party and/or those of its employees or agents. Under no circumstances, however, may a party be required to pay on behalf of itself and another party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to anyone party. The limits of liability for two or more parties may not be added together to determine the maximum amount of liability for one party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits ofliability 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 the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 7. Duration This agreement will be in force from the date of execution by at least two parties and notification to the secretary of the Operating Committee. Any party may withdraw from this Agreement upon 30 days written notice to the other party or parties to the Agreement. 8. Execution A separate execution page is provided for each party. [Signature pages follow] Execution Page for the Joint & Cooperative Agreement For Leasing and Use OfSBCA The party listed below has read, agreed to and executed this Agreement on the date indicated. Entity Date By Mayor And City Manager