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04-63 - 09-07 - Revise Joint Agreement with North Suburban Regional for Fire Personnel Resolution 04-63 September 7, 2004 Member Shaffer introduced the following resolution and moved its adoption RESOLUTION ENTERING INTO A REVISED JOINT AND COOPERATIVE AGREEMENT WITH THE NORTH SUBURBAN REGIONAL MUTUTAL AID ASSOCIATION FOR USE OF FIRE PERSONNEL AND EQUIPMENT WHEREAS, the City of Golden Valley has previously approved and participated in a mutual aid agreement between the North Suburban Regional Mutual Aid Association governmental agencies to provide cooperative use of fire personnel and equipment, and WHEREAS, the agencies participating in this agreement have been designated the North Suburban Regional Mutual Aid Association, and WHEREAS, the existing agreement requires the parties of this agreement to approve by resolution amendments to the agreement; and WHEREAS, the revised agreement will allow for charges levied by the responding department, for assistance to the requesting party for a continuous period of more than ten (10) hours; and WHEREAS, the revised agreement includes establishing rates for fire engines, fire tenders and firefighters; and NOW, THEREFORE, BE IT RESOLVED by the City of Golden Valley, Minnesota that Mayor and City Manager are hereby authorized to execute the revised North Suburban Regional Mutual Aid Association Joint Cooperative Agreement for Use of Fire Personnel and Equipment, attached as Exhibit A. Linda R. Loomis, Mayor ATTEST: Donald G. Taylo , i Clerk The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Pentel and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Resolution 04-63 - Continued September 7, 2004 EXHIBIT A North Suburban Regional Mutual Aid Association Mutual Aid Agreement Purpose This agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent of this agreement is to make equipment, personnel and other resources available to political subdivisions from other political subdivisions. Definitions 1. "Party" means a political subdivision. 2. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. 3. "Requesting Party" means a party that requests assistance from other parties. 4. "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. 5. "Responding Party" means a party that provides assistance to a Requesting Party. 6. "Assistance" means fire and/or emergency medical services personnel and equipment. Procedures 1. Request for assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. 2. Response to request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. 3. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. Resolution 04-63 - Continued September 7, 2004 4. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. Workers' compensation Each party shall be 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 assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer of their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 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 damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. Liability 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) of the Requesting Party. 2. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party 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 any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability 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 of liability 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. Resolution 04-63 - Continued September 7, 2004 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. Charges to the Requesting Party Subd. 1. No charges will be levied by a Responding Party to this agreement for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance continues for a period of more than ten (10) hours, or as provided in Subd. 2. If assistance provided under this agreement continues for more than ten (10) hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial ten (10) hour period, except as provided in Subd. 2, including wages for personnel, materials and supplies, and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. Subd. 2. The Responding Party shall submit to the Requesting Party an itemized bill for expendable materials which shall include, but shall not be limited to foam concentrate; hazardous materials supplies such as absorbent booms and pads, hazmat suits, etc.; and misc. expenses such as cellular phone air time, and any other extraordinary expense for incidents where assistance is not more than ten (10) hours and the Requesting Party will reimburse the party providing the assistance for that amount. Subd. 3. Such charges are not contingent upon the availability of federal or state government reimbursement funds. Duration Any party may withdraw from this agreement upon thirty (30) days written notice to the other party or parties to the agreement. Execution Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Fee schedule will be consistent with the most recent Minnesota Department of Natural Resources Fire Department Equipment Rate Schedule, and the most recent Federal Emergency Management Agency rate schedule for equipment and apparatus. Where there is a conflict in the rate schedules for similar equipment, it shall be decided in favor of the higher rate. The cost of wages for personnel shall be actual costs including hourly wage or salary and benefits. The cost of expendable supplies shall be the cost for replacement to the Responding Party. The cost of misc. expenses shall actual costs to the Responding Party. Resolution 04-63 - Continued September 7, 2004 Date: September 7, 2004 City of Golden Valley Linda R. Loomis, Mayor Thomas D. Burt, City Manager Date: North Suburban Regional Mutual Aid Association By: By: Resolution 04-63 - Continued September 7, 2004 January,2003 Rates for Fire Department Engines TYPe of Equipment #of Crew Members Equipment RawIRm r Engine 1 4 Sgpp En&e Type 2 3 S200 Engine Type 3 3 $150 Encine Type 4 3 5125 Engine Type 5 3 $110 E ' T 6 2 $100 E T 2 S75 Water Tender I->!000 2 5200 Water Tender 2 2 5175 Water Tender 3 2 S150 Fire Fighters 1 FF3 rate or similar Fuel furnished by Fire Department. Low end of rates are the base rate. Higher than base tures should be,justified by newer apparaW with mole that base capabilities,such as Class A foam proportioning systems,CAF systems,ew. components. 1 2 3 4 5 6 7 Pump 1000 500 120 70 '50 50 20 Tank Ca (GaL) 400 400 500 750 500 200 125 Hose 2 %s" feet 1200 1000 - - - - - Hose, 1 '/z" feet 400 500- 1000 300 300 300 200 Hosc, 1" feet 200 300 800 300 300 300 200 Ladder feet 20 20 - - - - - HeaStream GP 500 - - - - _ Petsonnel.(minimUM# 4 3 3 3 3 2. 2 7PM 300 200 200 — T .1-Cmllous 1 5000 2500 1000 1000 Not necessary to meet minimum requirement for 1"hose, unless contracting to go outside of home area,as a wildland engine on a large wildland incidew where National Wildfire Coordinating Group(NWC%standards are acquired.