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
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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.
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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.
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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.
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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.
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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
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Lake Region Mutual Aid Agreement
Dates City of Plymouth
By
It■
And
Its