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HomeMy WebLinkAboutCity Council Resolution 1995-117• CITY OF PLYMOUTH RESOLUTION NO. 95 -117 WHEREAS, The City of Plymouth has previously approved and participated in a mutual aid agreement between the Lake Region suburban governmental agencies to provide cooperative use of fire personnel and equipment; WHEREAS, the agencies participating in this agreement have been designated the Lake Region Mutual Aid Association; WHEREAS, the participating agencies have determined that it is advisable to clarify and simplify the language of that agreement; and WHEREAS, this agreement requires an affirmative vote of 4/5 of all the members of the Association to adopt any amendment; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that: 1. The revised Lake Rogion Mutual Aid Association Joint and Cooperative Agreement for Use of Fire Personnel and Equipment, a copy of which is attached, is hereby approved, and the proper City officials are directed to execute said agreement on behalf of the City as a participating member of the Association. Adopted by the City Council on February 21, 1995 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota. certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on Fehruaa 21 , 1995 , with the original thereof on file in my offico, and the some is a correct transcription thereof. WITNESS my band officially as such City Clerk and the Corporate seal of the City this doy of City Clerk • ARTICLES 01! AS80CINION LaxMUTUAL AID ASSOCIATION NEEREAB, the undersigned representat.i.ves of the communities of Chanhassen, Eden Prairie, Excelsior, Hamel., Long Lake, Loretto, Maple Plain Watertown, Plymouth, Wayzata, Chaska, Victoria, St. Bonifacius, Mound, Delano, believe that the effectiveness of the various fire departments will be improved by joint consideration of problems involving fire protection, and HREREAS, the communities referred to above contemplate entering into mutual assistance contracts for fire protection by their duly authorized officials. NON, THEREFORE, the undersigned persons hereby associate themselves for the purpose of furthering the purposes outlined above and in order to effectuate said purposes adopt the following articles of association: 1. Name: The name of this association shall be the Lake Region Mutual Aid Association Z. Members: The members of this Association shall consist of the chief of the fire department And two other members to be designated by the local governing body of each of the communities of Chanhassen, Eden Prairie, Excelsior, Hamel, Long Lake, Loretto, Maple Plain, Watertown, Mound, Plymouth, Wayzatat Chaska Victoria, St. Bonifacius, Delano. The members of this Association appointed by said local govern.iniq bodies shall serve until their successors are duly appointed and qualified. 3. Officers: The officers of this association shall consist of a President, Vice -President, Secretary/Treasurer. Said officers shall be elected by a majority vote of the members at the first meeting thereof and shall hold office until their successors are elected and qualified. Thereafter, officers shall be elected annually at the first meeting of the members in each calendar year. The President shall preside at all meetings and shall appoint the Chairperson of such committees as may be desirable from time to time. Any Chairperson so appointed by the President shall select members of the committee to serve with him. The Vice -President shall have all powers of the President in the absence of the President, and the Secretary/Treasurer shall maintain a record of all proceedings of the Association, and shall handle all the funds of the Association. • Articles of Association Lake Region Fire League Page 2 4. !Meetings: The members of the association shall meet quarterly on the second Wednesday of the first month of each calendar quarter. Such meetings shall be held as nearly as practical in rotation in the various communities represented by members of the Association and the place of such meeting shall be designated by the President. Special meetings may be called by the President from time to time. S. Amsndmnt of Articlest These Articles of Association may be amended by affirmative vote of 4/5 of all of the members of the Association at any regular meeting. 6. Operating Committee: The association shall have an Operating Committee 'to administer this Agreement. Subd, 1. Ths Chief of each party's Fire Department, or designee, shall be sent the party's representative to the Association Operating Committee. Subd. 2. It is the responsibility of the Operating Committee to establish rules, policies, and standards and to take other necessary- or prudent action to administer this Agreement. Subd. 3. The Operating Committee shall meet periodically, but not less than quarterly to conduct the business of the Association. Subd, 4, The Operating Commit:ep shall, in conjunction with the parties designate for each jurisdiction the responding and requesting officials. Subd. 5. The Association is not a separate legal entity. The Operating Committee shall have no authority to lam property, enter into contractar or to receive and expend funds except for routine administrati'!►e expenses. e LAKE REGION MUTUAL AID ASSOCIATION JOINT AND COOPERATIVE AGREEMENT FOR USE OF PURPOSE FIRE PERSONNEL AND EQUIPMENT I. This agreement is made pursuant to Minnesota Statutes Section 471.59, which authorizes thejoint and cooperative exercise of powers common to contracting parties. Tha private non-profit firefighting corporations are made parties to this Agreement as agents of governmental units, pursuant to the parties' general contracting authority. The parties wish to create a regional Mutual Aad Association, hereafter called the Lake Region Mutual Aid Association for the purpose of making equipment personnel and facilities avaiiable to each other upon request. This agreement is intended to give each party the authority to sand its equipment and personnel into the other commun"-las and to provide for a operating Committee to administer this agreement. II. DEFINITIONS OF TERMS For the purpose of this Agreement, the terms defined in this section shall have the meanings given them below. Subd. 1. "Assistance" includes fire personnel and equipment, fire investigators, fire inspectors fire inctractors, training personnel an, associated equipment and facilities. Subd. 2. "Emergency" means a sudden and unforeseen situation requiring immediate acton. Subd. 3. "Party" means a governmental unit which is a party to this agreement. Subd. 4. "Requesting official" means the person who is responsible for requestidg assistance from others. Subd. 5. "Requesting party" means a party which requests assistance .from other parties. Subd. 6. "Responding official" means the person who is responsible to determine whether and to what extent that party should provide assistance to a requesting party. Subd. 7. "Responding party" means a party which provides assistance to a requesting party. Subd. 8. "Specialized activities" means non -emergency assistance to include but not La limited tot fire investigators, fire instructors, training personnel and associated equipment and facilities. Subd. 9. "Extraordinary Services" means emergency assistance that includes activities beyond the normal scope of fire fighting, such as hazardous materials incidents, high level rescue, or dive rescue. • III. PARTIES The parties to this Agreement are listed on attached Exhibit A and constitute the membership the Lake Region Mutual Aid 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 Lake Region Mutual Aid Association together with a certified copy of the resolution authorizing the Agreement. 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. The member party's acceptance of a new member shall be established by the adoption of a resolution approving an amended Exhibit A. Any party may withdraw at any time upon thirty days written notice by certified mail, return receipt requested, to the other. members. IV. PROCEDURE Subd. 1, whenever, in the opinion of a requesting official, there is a need for assistance from other parties, such requesting official may, in hie/her discretion, c"ll upon the responding official of any other party to furnish assistance to and within the boundaries of the requesting party. It is the intention of the parties to this contract to cooperate n the event of an emergency by making the necessary assistance available to a requesting party without undue delay. At the time of request, the requesting official shall clearly outline to the responding official the scope of assistance requested, including what personnel and equipment are requested. Subd. 2. Upon the receipt of a request for assistance from a party,' the responding official may authorize and direct the Fire Department personnel under his/her control to provide assistance to the requesting party. Whether the responding party provides such assistance to the requeeti.ngg art and, if so, to what extent such assistance is rovided shall be determined solely by the responding official (subject �o such supervision and direction as may be applicable to him/her within the governmental structure of the party by which helshe is employed). Failure to provide assistance will not result in liability to a party. Subd. 3. When a responding party provides assistance under the terms of this Agreement, it may in turn request assistance from other parties as "backup" during tho time that it is providing assistance outside its boundaries. Subd. 4. Whenever a responding party has provided assistance to a requesting party, the respondingg official may at any time recall such assistance or any part thereof to the responding party, if the roopc_nding official in his/bar best judgement deems this necessary to provide for the best interests of his/her own community. Such action will not result in liability to any party. Subd. scene. The control of assistance. S. The requesting partyy shall be in command of the emeic�ency tersonnel and equipment shall be under the direction aro he requesting party until the responding official wits,draws s Subd. 6. A responding party s%all be responsible for its own personnel, equipment, and for injuries or death to any such personnel or damage to any such equipment, except that unused equipment shall be returned to the responding party by the requesting party when circumstances permit this to be done. Responding personnel shall be deemed to be performing their regular duties for the responding party. Insurance coverage and any financial compensation shall be the responsibility of the responding party. Each party waives the right to sue any other party for any workers compensation benefits paid to it's own empployee or volunteer even if the injuries were caused wholly or partially by the negligence of any other party, it's offizers, employees, or volunteers. Subd. 7. Specialized activities of a non -emergency nature may be requr-.sted and/or provided by the parties to this Agreement. Subd, S. No charge shall be made to a party for assistance rendered under this Agreement except that a party providing assistance shall be aid for the cost of supplies. A party providing assistance may charge for ime and materials for extraordinary services as provided for in the association rules. Subd. 9. The requesting party agrees to reimburse the responding party for personnel time and use of any ma or apparatus and equipment only if the requesting party is reimbursed for hese costs from the party, or parties, responsible for the emergency, or is otherwise reimbursed by State or Federal funds allocated for this purpose. V. RECIPROCAL DEFENSE AND INDElMIFICATION The requesting party agrees to indemnify and defend against any claims brought or actions filed against the responding party or any officers, employees, or volunteers of the responding party for injury or death to any third person or persons, or damage to thepropert of third persons, arising out of the performance and provision of assistance in responding to a request for assistance by the requesting party pursuant to this Agreement. The intent of tho indemnification requirement of Chis section is to impose an each requesting party a limited duty to defend and indemnify any .:esponding party for claims arising within the requesting party's i risdiction subject to the limits of the liability under Chapter 466, Minnesota Statutest 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 b;- a single attorney. Under no circumstances, however shall a party be required to pay on behalf of itself and other par+:.�es, any amounts in excess of the limits on liability established in Chapter 466 Minnesota Statutes, applicable to onll one party. The limits of liability for soma or all parties may not be added together to determine the maximum amount of liability for any party. VI. WFECTZYE DATE This agreement shall be effective upon execution by all parties listed on the attached Exhibit A. e REGION MiTUAL AID ASSOCIATION EXHIBIT A City of Chanhassen City of Mound Chanhassen Fire Department Mound Fire Department 7610 Laredo Dr. Box 97 2415 Wilshire Blvd. Chanhassen, MN 55317 Mound, MN 55364 934-9191 472-3555 City of Eden Prairie Eden Prairie Fire Department 7801 Mitchell Rd. Eden Prairie, MN 55344 937-8665 City of Excelsior Excelsior Fire Department 339 Third St. Excelsior, MN 55331 474-5056 Hamel Fire Department 92 Hamel Road Hamel, MN 55340 478-6621 City of Long Lake Long Lake Fire Department 1964 Park Ave. Long Lake, MN 55356 473-9701 Loretto Fire Department 259 Medina St. Loretto, MN 55357 479-4305 City of Maple Plain Maple Plain Fire Department 1645 Pioneer Ave. Maple Plain, MN 55359 479-0520 City of Watertown Watertown Fire Department 401 Carter N.B. P.O. Box 755 Watertown, MN 55380 446-1711 City of P1pmouth Plymouth Fire Department 34D0 Plymouth Blvd. Plymouth, MN 55447 550-5121 City of Wayzata wavrata Fire Department tum E. Rice St. Wayzata, MN 55391 473-0234 City of Chaska Chaska Fire Department Box 31 Chaska, MN 55318 448-2851 City of Victoria Victoria Fire Department P.O. Box 161 1497 Arboretum Blvd. Victoria, MN 55386 443-2660 City of St. Bonifacius St. Boni.facius Fire Dept. 4165 Bell St. St. Bonifauius, MN 55375 446-1291 City of Delano Delano Fire Departmen} 311 Buffalu St. Delano, MN 55323 e e Lake Region Mutual Aid Agreement Dates City of Plymouth By It■ And Its