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CR 93-098 SW Mutal Aid Association June 10, 1993 \ "\ y 0 m .y '" o P K \ ~ council Report 93-98 SOUTHWEST MUTUAL AID ASSOCIATION AGREEMENT Proposed Action. Staff recommends adoption of the following motion: Move to a~prove the new Mutual Aid Association Agreement. Overview The Southwest Fire League has written a new joint powers agreement for the cooperative use of fire equipment and personnel. The new agreement is titled "The Southwest Mutual Aid Association." The new joint powers agreement is between thirteen cities and is made pursuant to Minnesota Statutes Section 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. primary Issues to Consider o The Joint Powers Agreement will benefit all thirteen cities by providing personnel and equipment including specialized services not available without mutual aid. o The Joint Powers Agreement provides specifically for the recovery of costs for "Specialized Services" such as hazardous materials response. o Association dues are $25 per year o The agreement has been reviewed and approved by the city Attorney Supportinq Information o The Agreement is available from the city Manager o City Attorney's supporting documentation r-- ,-" o.~) c~ ~1~ David Klocek ' Fire Chief Southwest Fire League Representing: Airport Fire Dept. Bloomington Fire Dept. Chanhassen Fire Dept. Eden Prairie Fire Dept. Edina Fire Dept. Golden Valley Fire Dept. Hopkins Fire Dept. Minnetonka Fire Dept. Plymouth Fire Dept. Richfield Fire Dept. St. Loius Park Fire Dept. V.A. Medical Center Fire Dept. Wayzata Fire Dept. March 4, 1993 Dear Chief, Enclosed is, ~he new Southwest Mutual Aid Association Agreement. T.here were s~me changes since the last meetmg. These changes were requested by DesyI Peterson, Mmnetonka CIty Attorney. A copy of her letter of explanatIOn is enclosed. . Several objectives should be kept in mind as you move toward adoption of this agreement with your community: 1. This document is a restructuring of an existing agreement. This repackaging is written in terms understandable to the users, Fire Chiefs. We are not creating a new publIc policy. The original document dates from 1949. What is addressed is a new system to make sharing resources easier. The agreement itself is designed to give general legal authority for mutual aid. 2. This Agreement is a framework document which is specifically written to be broad based and flexible. The details will be contained in the Association rules. 3. The Agreement was written to reflect the changing roles and responsibilities of our fIre departments. It allows us to share resources and cooperate in emergency, non-emergency, specialized and extraordinary activities, as identifIed. 4. There are provisions in the agreement for the billing of costs involved with specialized and extraordinary activities. . Our intent is that this charge would only be for those specialized activities, not traditional mutual aid. 5. This is a Joint Powers Agreement but it does not create a joint powers organization. The Ass~c~atio~ will own no property nor will it dispense funds, other than nominal amounts for admimstratIOn. 6. The name of the organization was changed from the Southwest Fire League to the Southwest Mutual Aid Association. 7. Appendix "A" for the new agreement includes the city of Excelsior The purpose of the second agreement enclosed is to allow Minnetonka to own the Fire Safety House. It is not appropriate for the Association to own property. . Ov~r the past many mont~s, we have incorporated the suggestions, ~de~s.and proposal~ fr.oIT1; Fire ChIefs, CIty Managers, CIty Attorneys, and others. We thank these mdlvlduals for theIr sIgmfIcant contributions. Enclosed is what we recommend as the fInal documents. Please move this agreements forward to your City Councilor government board as quickly as possible. It currently appears that many of the attorneys are in agreement with the language. This situation may not last for long. . If there is any support which you may require, please call upon us. city ofif~d to testify at council meetings. -THr - ~<h- ':) Ted Paulfranz ~ Dan Hargart Edina Minnetonka Fire Department Fire Department Weare willing to meet with your ~~1A . George Magdal Hopkins Fire Department 1010 FIRST STREET SOUTH, HOPKINS, MN 55343 · (612) 939-1321 .' , , JWornrn.[l@] 14600 Minnetonka Boulevard Minnetonka, Minnesota 55345 Telephone (612) 939-8266 · Fax (612) 939-8248 January 28, 1993 City Attorney's Office Providing Prosecution Services for the cities of: Minnetonka, Minnetrista, Orono and St. Bonifacius George Magdal Fire Marshal City of Hopkins 1010 First street Hopkins, MN 55343 South Re: Southwest Fire League Dear George: You are going to shoot me, I know, but I am just not pleased with the revised language about execution by the parties. How about if we change Paragraph III to read as follows: The Parties to this Agreement are listed on attached Exhibit A and constitute the membership of the Southwest Mutual Aid Association. 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 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 h for a non-municipali tv, a letter executed by an official with sufficient authority to bind that party which recites the basis of that authority. Paragraph VII would also be changed to read as follows: 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 a resolution or letter as provided in paragraph III. Upon receipt of all executed signature pages, the Secretary shall send a copy of the fully executed agreement to each member. ,. .~.,t.- , .- George Magdal January 28, 1993 Page 2 The last line of Paragraph VII would be eliminated. Paragraph 12 of the Display agreement would be changed to read: 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 th. 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, th~ Secretary shall send a copy of the fully executed agreement to each member. I think that this will give all of the city attorneys a greater comfort level than the arrangement that you and I originally discussed. Thank you for your consideration. Sincerely, t/::i: Peterson City Attorney cc: Suesan pace-Shapiro, st. Louis Park City Attorney Bob Meller, Plymouth, Wayzata, Golden Valley City Attorney