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3.3. SR 08-08-2011N~~ Elk REQUEST FOR ACTION River TO ITEM NUMBER Ci Council 3.3. AGENDA SECTION MEETING DATE PREPARED BY Consent A enda Au st 8, 2011 T. ohn Cunnin ham, Fire Chief ITEM DESCRIPTION REVIEWED By Mutual Aid Fire Contract Peter Beck, Ci Attorne REVIEWED BY ACTION REQUESTED Approve Sherburne Fire Chief s County Mutual Aid Agreement. BACKGROUND/DISCUSSION The Elk River Fire Department is a member of a number of regional mutual aid agreements. These agreements provide a means to summon (and provide) resources and personnel in the event of a disaster or other large scale emergency. The attached agreement is a renewal for the Sherburne County Fire Departments Mutual Aid Agreement. The agreement is entered into and between all of the fire departments in the County as well as many departments that sit on the border. The agreement will be valid thru December 31, 2015. FINANCIAL IMPACT There is no direct financial impact. Responding parties, however, may be reimbursed for direct expenses for incidents lasting longer than ten (10) hours. This is rarely the case as most mutual aid requests are short in duration. ATTACHMENTS ~ Sherburne County Fire Departments Mutual Aid Agreement Action Motion by Second by Vote Follow Up C:\Users\jjohnson\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SFWAYSNS\2011-08-08 3 3 Mutual Aid Fire Contract (3).doc SHERBURNE COUNTY FIRE DEPARTMENTS 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. The 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. 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 January 1, 2011 Sberburne County Fire Departments Mutual Aid Agreement the direction and control of the Requesting Party until the Responding Official withdraws assistance. Worker's Compensation Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain worker's 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 worker's compensation benefits paid to its own employee or volunteer of their dependents, 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 of its officers, employees, or volunteers. Liability For the purpose 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, and amounts in excess of the limits of 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, May 1, 2011 Sberburne County Fire Departments Mutual Aid Agreement and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 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 No charges will be levied by a Responding rendered to a Requesting Party under the assistance continues for a period of mor provided under this agreement continue Responding Party will submit to the Req actual cost of any assistance provided including salaries, overtime, materials expenses; and the Requesting Party wil assistance for that amount. Party to this agreement for assistance terms of this agreement unless that e than ten (10) hours. If assistance s for more than ten (10) hours, the uesting Party an itemized bill for the after the initial ten (10) hour period, and supplies, and other necessary I reimburse the Party providing the 2. Such charges are not contingent upon the availability of federal or state government funds. Specialty Teams Participants of county-wide specialty teams (i.e. fire investigation, hazardous materials, rescue, etc.) shall be governed by the policies and procedures of the specific team. Individuals participating on such teams shall have the written approval of their Fire Chief. When participating as a member of a specialty team (training or activation), participants will be operating under the scope of this agreement with respect to liability and workman's compensation coverage. Duration This Agreement shall commence on May 1, 2011 and shall expire on December 31, 2015. 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. May 1, 2011 Sberburne County Fire Departments Mutual Aid Agreement City of Elk River 13065 Orono Parkway Elk River, MN 55330 Mayor Fire Chief Date Date Please have the appropriate parties sign above and return at your earliest convenience to: T. John Cunningham Fire Chief City of Elk River 13065 Orono Parkway Elk River, MN 55330 763.635.1105 Fax: 763.635.1117 May 1, 2011