CR 2004-102 A dopting the Hennepin County Fire Mutual Aid Agreement
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CITY OF
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. . June22, 2004 I Hop K \ N S .... CouncilReport2004~1 02
Adopting the Hennepin County Fire.Mutual Aid Agreement
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Proposed Action ,',. , "I . . " " .
Staff recommends approval of the following' motion: Move to adbpt Resolution N6
2004-048'approving the Hennepin County Fire'Chiefs Association Mutual Aid
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This will allow Hopkins tosharefifedepartment resources with otherjuris~ictions who.
adopt the Hennepin County Fire Chiefs Association joint and cooperative use ottire
personnel and equipment. .'
Overview ..' .' '. . '.
There are three different mutual aid groups in Hennepin County thatprovide a vehicle
tc>share fire resources. Each has their own policies. The Hennepin County Fire Chiefs
Association has acted ,for many years as a resource, for consistency between these
groups.' Sincewe are all trying to do the samething itmakessense, for us to become
one group. Joining the Hennepin CountY' Fire Mutual Aid group will allow the'. . .
Southwe.st Mutual Aid Association togoaway irftime.lt will alspgive us access to .
, ..'more resour~es,cThis could be very important in the event of amajQr disaster.' This,' ,i
. .' agreement also h~sthe ability toexpa,ndto jurisdi.ction.soutsid~ ~fHermepin County. . It
could become the model for a State wide fire mutual.ald aSSOCiation.
Primary Issues to Consider ' .' I
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b The Southwest Mutual Aid Association wi11like1y go away in the next feWyears~ If'we do
not adopt this agreement we could be:without access to. outside resources. '. ,
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o We are a dues paying member ofthe Hennepin CountyFire Chiefs Associatiouso there is
no ~dditional cost for us to join this group. .
Supporting Information
6 ' Resolution No 2004.,.048
o Hennepin County Fire Chiefs Association Joint Cooperative Agreement for Use of Fire ,
" Personnel and Equipment .
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.' Are other cities adopting this mutual aid agreement? . .
. St. Louis Park and Minnetonka have already passed the resolution. Edina and Eden
Prairie. have almost completed the process.
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. , City of Hopkins ,
HellnepinCounty,Minnesota .
RESOLUTION NO. 2004-048
Approval 'of Hennepin County Fire Chiefs Joint Cooperative Agreement for the Use of Fire
Personnel and Equipment '
WHEREAS, the City of Hopkins is a memberoftheHennepin CQunty,Fi~e Chiefs'"
Association; and '" . . .
WHEREAS, the Association has adopted an agreement for joint cooperative use affire
personnel and equipment; and .
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WHEREAS, the City of Hopkins believes the effectivenesS of fire protection within the
City is improved'by adopting this agreement; '. .
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,NOW THEREFORE, BE IT RESOLVED, that the City ofHopkiris Mayor and City
Manager are hereby'authorized to 'execute the,'Hennepin County.Fire Chiefs Joiilt Gooperative
..' '. Agre~ent for th~ l!se ,of Fire Personnel and Equipment as .attached, on behalf of the City of
. .' . Hopktrisas a partIcIpatmg member.
Adopted by the City Couricil of the City of Hopkins this 6th day of July, 2004.
By:
. Eugene J.Maxwell, Mayor
ATTEST:
Terry Obennaier, City Clerk
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. JOINT COOPERATIVE AGREEMENT FOR USE OF
FIRE PERSONNEL AND EQUIPMENT
HENNEPIN COUNTY CHIEFS ASSOCIATION
August 14, 2003 . .
I. Purpose
This agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint
and cooperative exercise of powers common to contracting parties. Theintent of this
agreement is to make equipment, personnel and other resources available to political
subdivisions'from other political subdivisions.
II. Definitions
. "party" means a political subdivision.
. "Requesting Official" means the person designated by a Party who is responsible
for requesting Assistance from other Parties:
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. "Requesting Party" means a.party that requests assistance from other parties.
. . "Responding Official" means the person designated by a party who is responsible to
detennine whether and to whatextentthatparty should provide assistance to a
Requesting
. "Responding Party" means a party that providesassistancetoa Requesting Party.
. "Assistance" means, fire and/or emergency medical services personnelandlor
equipment.
. "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. . .
III. PARTIES
The parties of this agreement shall consist of the Active and Affiliate members of the
Hennepin County Chiefs Association. Upon the adoption of a resolution by its governing
body, an executed copy of this Agreement shall be forwarded by the member party to the
Secretary of the Hennepin County Chiefs Association together with a certified copy of
the resolution authorizing the agreeinent. The Secretary of the Hennepin County 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;
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IV. Procedure
. Subd. .1. Request for assistance. "
Whenever, in the opinion of a Requesting Official, there is a need forassistaiIc:e from
other parties, the Requesting Official may call upon the Responding Official of any other
party to furnish assistance. Specialized activities of a nan-emergency nature may be
requestedandlorprovided by the Parties of this Agreement
Subd. 2. Response to request.
Upanthe request for assistance fram. a Requesting Party, the Responding OffiCial may
authorize and direct hislher party's personnel to. provide assistance to the Requesting
Party~ This decision will be made after consideringthe needs oftherespanding partyand
the availability of resoUrces. '
Subd. 3. .Recallof Assistance.
The Responding Official may at any time recall such assistance when in his or her best
judgment or by an order from thegoverningbady of the Respanding 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 cammand af the mutual aid scene. All mutual aid
operations will be carried out according tothe Minnesata Incident Management System
. (MIMS). The personnel and equipment ofthe Responding Party shall be under the
. directian and control of the Requesting Party until the Responding Official withdraws
assistance.
V. Workers' comp~nsation
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Each party shall.be responsible far injuries' or death of its own personnel. Each partywill
., maintain warkers' compensatian insurance ar self-insurance caverage, covering its awn
personnel while they are providing assistance pursuant to this agreement. Each party
waives the
rightto sue any other party for any workers' compensation benefits paid to its own
employee ar
valunteer ar their dependants, even if the injuries were caused wholly or partially by the
negligence of any other party or its officers, employees, ar 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
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damages . .
or losses wer.e caused whallyor partially by the negligence of any other party or its
.. officers,
employees, or volunteers.
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^ VII. Liability
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Subd. 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat.
. 466), the employees and officers of the Responding Party are deemed to be employees
(as defined in Minn. Stat. 466.01, subdivision 6) ofthe Requesting Party.
.. Subd.2. T4e Requesting Party agrees to defend and indemnify the Responding Party
against any claims brought or actions filed against the RespondingParty 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, 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 anyone party. The limits ofliability for some or all of
the parties may not be added together to determine the maximum amount ofHability for
any party.
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 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 defendants, and to permit liability claims against
multiple defendants from a single occurrence 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.
VIII. Charges to the Requesting Party
Subd. 1. A Responding Party to this agreement will levy no charges for assistance
rendered to. a Requesting Party under the terms of this agreement unless that assistance
continues for a period of more than eight (8) hours. The Requesting Paity shall
regardless to the length of time of the assistance, reimburse the Responding Party for
supplies used. If assistance provided under this agreement continues for more than eight
(8) hours, the Responding Party will submit to the Requesting Party an itemized bill for
the actual cost of any assistance provided after the initial eight (8) hour period, including
salaries, overtime, materials and supplies and other necessary expenses; and the
Requesting Party will reimburse the. party providing the. assistance for that amount.
Subd. 2. Such charges are not contingent upon the availability of federal or state
government
funds.
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'. ,~ IX. Duration
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This agreement will be in force from the date of execution and notification of the
. Secretary of the Hennepin County Chiefs Association.. Any party may withdraw from this
agreement upon thirty (3 0) days written notice to the other party or parties to the
agreement.
X. Execution
Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the
date indicated.
Date Entity
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Title
Date Entity
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Title
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