05-994Council File # �� _ � 1
Green Sheet# 3028211
RESOLUTION
iAINT PAUL, MINNESOTA
Presented By:
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Referred To: Committee: Date
, RESOLVED, that the proper City o�cials are hereby authorized and directed to execute joint cooperative
z agreement for use of fire personnel and equipment with the Minneapolis Fire Department, which includes
a an indemnification clause, as provided by Saint Paul's Department of Fire and Safety Services; a copy of
a said agreement is to be kept on file and of record in the Office of Financial Services.
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Requested by Department of:
Adopted by Council: Date ��bt' at� ,�ZO b�"
Adoption Certified by Council Secretary:
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Fire & Safe Services
B:
Approval Recommended by Director of Financial Services:
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Form Appr,oved by City
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Departmentlo�ce/council: Date Initiated:
FR - Fire 28SEP-05 Green Sheet NO: 3028211
Contact Person & Phone- Deoartment Sent To Person Initial/Date
ChiefDougHolton � 0 re �B�
���� Assign 1 �re De artment Director �
Must Be on Councii qqenda by (Date): Number Z ;tv pn rnev
For
Routing 3 a or's O�ce Ma odAssisfaot
Order 4 ouncil
5 iri Clerk � Ci Clerk
ToWI # of Signature Pages _(Clip All Locations for Signature)
Ac[ion Requesteit
Approval of the attached CouncIl Resolution authorizing the Department of Fire and Safety Services to enter into a joint cooperative
agreement for fire personnel and equipment with the Minneapolis Fire Deparhnent.
Recommendations: Approve (A) or Rejed (R): Personal Service Contracts Must Mswer the Following 4uestions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a ciry employee? '
Yes No
3. Does this person/firm possess a skill not normally possessed by any
� current city employee? ,
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The piupose of'this agreement is to make equipment, personnel and other resources available to the Ciries of Saint Paul and
Minneapolis. ' �
Advanpqes If Approved:
In the evenYOf a lazge scale incident, the City of Saint Paul would have back up assistance and resources from the City of Minneapolis.
Disadvantages If Approved:
None.
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Disativantages If Not Approved: o l� i
The City of Saint Paul will not be able to share resources with the City of Minneapolis.
Total AmouM of Cost/Revenue Budgeted:
Transaction:
FundingSource: ActivityNUmber: n �,� � � � oOC
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Fi nancial Information:
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JOINT COOPERATIVE AGREEMENT FOR USE OF
FIItE PERSONNEL AND EQUIPMENT
Minneapolis �re Department and St Paul Fire Department
August, 2005
I. Purpose
T'his agreement is made pursuant to Minnesota Statutes 471.59 which autharizes 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 the Cities of
St. Paul and Minneapolis.
II. Defmitions��
•"Party" means Minneapolis Fire Department and St. Paul Fire Department.
•"Requesting Official" means the person designated by a Party who is responsible
for requesting Assistance from the other Party.
•"Requesring Party" means a party that requests assistance from the other party.
•"Responding Official" means the person designated by a party who is responsible to
determine whether and to what extent that party wili provide assistance to a
Requesting Party.
•"Responding Party" means a party that provides assistance to a Requesting Party.
•"Assistance" means, fire and/or emergency medical services personnei and/or
associated equipment.
•"Specialized Activities" means non-emergency Assistance to include but not be
limited to: fire invesrigators, fire inspectors, fire educators, fire instructors, training
personnel and associated equipment and facilities.
III. PARTIES
The parties of this agreement shall consist of the City of Minneapolis and the City of St.
Paul Fire Departments.
IV. Procedure
Subd. 1. Request for assistance.
Whenever, in the opinion of a Requesting Official, there is a need for assistance from the
other party, the Requesting Official may call upon the Responding Official of the other
party to furnish assistance. Specialized activities of a non-emergency nature may also be
requested and/or provided by the Parties of this Agreement
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Subd. 2. Response to request
Upon the request for assistance from a Requesting Party, the Responding Official may
authorize and d'uect histfker pazry's personnel to provide assistance to the Requesting
'- Pariy. This decision wi21 be made ai�er considering the needs of the responding party and
the availability of resonrces. .
Subd. 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 goveming body of the Responding Party, it is
considered to be in the best interests of the Responding Party to do so.
Subd. 4. Command of Scene.
The Requesting party shall be in command of the mutual aid scene. All mutual aid
operations will be carried out according to the National Incident Management System
(NIMS). The personneI and equipment of the Responding Party shail be under the
direction and controi of the Requesting Party until the Responding Official withdraws
assistance.
V. Workers' compensation
Each party shall be responsible for injuries or death of its own personnel. Each party wiil
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 their dependants, even if the injuries were caused wholly or partially by
the negligence of any other party or its officers, employees, agents, or volunteers.
VI. 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.
VII. Liability
Subd. 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.
Subd. 2. The Requesting Party agrees to defend and indemnify the Responding Party
against any claims bro.ught or actions filed against the Responding Party or any officer,
employee, of the Responding Pariy 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.
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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 addecttogether to determine the masimum amount of liability for
�Y P�Y•
The intent of this subdivision is to impose on each Requesting Pazry 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
ciaims by eliminating conflicts among defendants, and to pemut liability claims against
multiple defendants from a single occurrence to be defended by a singie attomey.
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Subd. 3. No party to this agreement nor any officer of any Party shall be liable to any
other Pariy or to any other person for failure of any pariy to fiunish assistance to any
other party, or for recalling assistance, both as described in this agreement.
VIII. Charges to the Requesting Party
Subd. 1. A Responding Party to this agreement will levy no chazges for assistance
rendered to a Requesring Party under the terms of this agreement unless the assistance
provided for a single incident response or a group of associated incidents continues for a
period of more than eight (8) hours. The Requesting Party shall regardless to the length
of time of the assistance, reimburse the Responding Party for supplies used. If assistance
provided under this agreement continues for more than eight (8) hours, the Responding
Party will submit to the Requesting Party an itemized bill for the actuai cost of any
assistance provided after the initial eight (8) hour period, including salaries, overtime,
materials and supplies and other necessary expenses; and the Requesting Pazty shall
reunburse the party providing the assistance for that amount.
Subd. 2. Such charges aze not contingent upon the availability of federal or state
govemment funds.
IX. Auration
This agreement will be in force from the date of execution and notification by the Cities
of Minneapolis and St. Paul. Either party may withdraw from this agreement upon thirty
(30) days written notice to the other party or parties to the agreement.
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X. Eaecution
Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the _
date indi�ated.
Date Entity: Citv of St. Paul
By:
Title: Mavor
Date:
Date:
By:
Title: Fire Chief
By:
Title: Director Office of Financial Services
Date Entity: Citv of Minneanolis
By:
Title: Mavor
Date: B
Title: Fire Chief
Date: ' B
Title: Assistant City Attornev
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