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CR 94-34 Auth St Louis Park & Golden Valley Agreement Fire Response . . "\ y ~ \ 0 . - ~ . .y <0 February 10, 1994 0 P K \ ~ council Report 94-34 AUTHORIZATION TO ENTER INTO AN AGREEMENT BETWEEN HOPKINS, st. LOUIS PARK AND GOLDEN VALLEY TO PROVIDE FIRST ALARM FIRE RESPONSE Proposed Action Staff recommends approval of the following motion: Move to enter into a First Alarm Fire Response Aqreement with St. Louis Park and Golden Valley. overview The fire departments of the cities of Hopkins, st. Louis Park, and Golden Valley have identified specific times of the day when one city's resources for structural fire fighting may be at a minimum. A joint first alarm response to neighboring communities is a responsible and economically sound approach to provide additional firefighting resources in a timely manner. The additional firefighters enhance efficiency and provide for greater firefighter safety and ~ accountability. Primary Issues to consider o Is this an appropriate way to strengthen the manpower shortage Hopkins experiences during the working weekday? o Should the fire department hire full time day firefighters? o Under this agreement, Hopkins firefighters will work on additional 15 structures per year. Supportinq Information o Joint First Alarm Response Agreement '-', 1(.; 1 J I . I ' I' j-/ {UJ.J-~,I.(zL ~:}!___c.--J Dave Klocek Assistant Fire chief ~ . - JOINT POWERS AGREEMEI1T BETWEEN THE CITIES OF e ST. LOUIS PARK}' GOLDEN VALLEY AND HOPKINS TO PROVIDE FIRST ALAP~ FIRE RESPONSE WHEREAS, the cities of st. Louis Park, Golden Valley and Hopkins provide fire protection services within their respective jurisdictional boundaries; WHEREAS, the cities of st. Louis Park, Golden Valley and Hopkins desire to maximize the level of fire protection services provided within their respective jurisdictions; WHEREAS, the cities of st. Louis Park, Golden Valley and Hopkins are members of the Southwest Mutual l~id Agreement, a Joint Powers Agreement which provides equipment, personnel and facilities to the participating jurisdictions upon request; WHEREAS, the cities of st. Louis Park, Golden Valley and Hopkins have the authority, pursuant to Minnesota statutes Section 471.59 to enter into agreements for the joint and cooperative exercise of common powers, including those which are the same except for the territorial limits within which they may be exercised; e WHEREAS, the cities of st. Louis Park, Golden Valley and Hopkins desire to enter into an agreement to provide automatic first-alarm response to structure fires within the three jurisdictions; and WHEREAS, the Cities of st. Louis Park, Golden Valley and Hopkins find it is in their common interest and benefit and the interest and benefit of their citizens to enter into an agreement, one with the other, concerning aut:omatic first-alarm response to structure fires within their respective jurisdictions; NOW THEREFORE BE IT RESOLVED, that the cities of st. Louis Park, Golden Valley and Hopkins hereby, by act of their city Councils, enter into a Joint Powers Agreement for automatic first-alarm response to structure fires as provided herein: I. Purpose This Agreement is entered into pursuant to the authority set forth in Minnesota statutes Section 471.59 which provides authority for st. Louis Park, Golden Valley and Hopkins to enter in joint and cooperative agreements to provide services which each are common t:o each. The purpose of this Agreement is to allow and define a procedure for the Cities of st. Louis Park, Golden Valley and Hopkins to . provide automatic first-alarm response for structure fires within one another's jurisdictional boundaries. --~-- - . , Page 2. . II. Procedure st. Louis Park, Golden Valley and Hopkins will provide to one another an engine company to respond on a first-alarm basis to structure fires. st. Louis Park, Golden Valley and Hopkins engine companies will provide first-alarm structure response as provided herein: A. st. L6uis Park automatic response to Hopkins Entire City, Monday through Friday, exclusive of holidays, 0800-1600 hours. B. Hopkins automatic response to st. Louis Park 1600 hours to 0800 hours, Saturday, sunday, and holidays, 24-hour response. st. Louis park, south of Minnetonka Boulevard C. st. Louis Park to Golden Valley 0800 hours to 1600 hours, Monday - Friday, exclusive of holidays, entire city of Golden Valley. D. Golden Valley to st. Louis Park . 1600 hours to 0800 hours, Saturdays, Sundays, and holidays, 24-hour response. East-west boundaries of st. Louis Park south to Minnetonka Boulevard. III. Operating Committee st. Louis Park, Golden Valley and Hopkins shall establish an operating committee to implement and administer the policies and services set forth in this Agreement. A. The operating committee shall comprise the Chief of the st. Louis Park, Golden Valley and Hopkins Fire Departments or their designee. B. The operating committee shall impll~ment and monitor this agreement and may make adjustments to response times and response areas as may be required. IV. Reciprocal Defense and Indemnification st. Louis Park, Golden Valley and Hopkins agree to indemnify and defend one another against any clai~s brought or actions filed against one of the participants to this Agreement or any officers, employees, or volunteer thereof for injury or death to any third person or persons, or damage to the . property of third persons, arising out of the performance of services under this Agreement. . . . Page 3. ~ The intent of the indemnification requirement is to impose on st. Louis Park, Golden Valley and Hopkins a limited duty to defend and indemnify one another for claims arising within their respective territorial li~:its when an engine company from st. Louis Park, Golden Valley or Hopkins responds to a structure fire under the terms of this Agreement. The duty to indemnify and defend under this Agreement shall rest with the City where the incident g'iving rise to the duty to indemnify and defend occurs. i'he duty to defend and indemnify under this Agreement is subject to the liability limits under Chapter 466, Minnesota sta.tutes. 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 a.ttorney. Under no circumstances, however, shall st. Louis Park, Golden Valley or Hopkins be required to pay, on behalf of itself and another participant to this Agreement, any amounts in excess of the liability limits established in Chapter 466, Minnesota statutes, applicable to only one Party. The limits of liability for st. Louis Park, Golden ~ Valley and Hopkins may not be added togrether to increase the maximum statutory liability limits for any Party. st. Louis Park, Golden Valley and Hopkins shall each satisfy themselves that they have adequate insurance to cover any claims brought under this Agreement and that the activities and responsibilities set forth herein are covered under the provisions of their respective insurance policies. To the extent the activities and responsibilities set forth herein are not currently covered, each City shall obtain appropriate insurance coverage. V. Termination Any city which is a signatory to this Jlgreement may terminate its participation by providing sixty days written notice to the other participants. Notwithstanding the withdrawal of one participant, this Agreement shall remain in effect as to the remaining cities, unless one or both provide written notice of termination in the manner set forth above. . . . . . Page 4. VI. Authorization and Effective Date of Agreement This Agreement shall require authorization by the city Councils of st.Louis Park, Golden Valley and Hopkins and shall be effective upon execution by all three cities. NOW, therefore, be it enacted by the city Council of Hopkins this day of , 1994, that the city Manager is hereby authorized to execute a joint power agreement, in substantially the form set forth herein, with the cities of Golden Valley and st.Louis Park, for automatic first-alarm response to structure fires. . Mayor city Manager e