08-885Council File # �-S�
Green Sheet # 3057237
RESOLUTION
OF
ReSerred To: Committee: Date
� RESOLVED, that the proper City o�cials are hereby authorized and directed to execute joint powers and
z mutual aid agreement, which includes an indemnification ciause for use of fire personnel and equipment
a with the Rosevilie Fire Department, as provided by Saint Paul's Department of Fire and Safery Services; a
a copy of said agreement is to 6e kept on file a�d of record in the O�ce of Financial Services.
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Adapted by Council: Date �/,.�l1fj��t'j
Adoption Certified by Council Secretary:
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Requested by Department of:
Fire & Safe Service
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BY� �.,r/j T�'/(° -
Approval Recommended by Director of Financial Services:
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Form Appro C� omey:
BY� ��'��-- -
Approv d by or for S i,si n to Council:
By:
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
08 g85
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FR -Fire � 72-AUG-0B , G reen Sheet NO: 3057237
� CorHad Person & Phone: Department Sent To Perso� Initial/Date ,
, ChiefTimBUtler � � , 0 I�re i '
� 222-0477 ��, ASSign , Y Fue � DepartmentDirector ''
Must Be on Council Agenda by (Date): Number 2 Ctitv Attorvev �
, For
-- ' Routing , 3 Mavor's Otfice MavodASSistsnt
Doc. Type: RESOLUTION ' Order � 4 Council � �
� E-Document Required: Y ' � 5 ;Ciry Cierk : Ciry Clerk �
DocumentCOnWct: JiIILaCasse
ConWct Phone: 228-6257
Total # of Signature Pages _(Clip All Locations for Signature)
� e��awu neyues�ev:
; Approval of the attached Councit Resolution authorizing the Department of Fire and Safety Services to enter into a joint powers and
'� mutua] aid agreement for fire personnel and equipment with the Roseville Fire Deparhnent.
l�atlons: Approve iA) of Is
Planning Commission
CIB Committee
Civil Service Commission
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The purpose of this agreement is to make equipment, personnel, and other resources available to the Cities of Saint Paul and Roseville.
AdvanWges If Approvetl:
In the event of a lazge scale incident, the City of Saint Paul would have back up assistance and resowces from the Ciry of Roseville.
I DisadvantageslfApproved:
None.
I
Disadvantages If Not Approved;
The Ciry of Saint Paul vrill not be able to shaze resources with the City of Roseville.
Transaction:
Funding Source:
Financial Infortnation:
(Explain)
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this personffirm possess a ski11 not normally possessed by any
current city employee?
Yes No
Explain alV yes answers on separate sheet and attach to green sheet
Cost/Revenue Budgeted:
Activity Numbef:
August 12, 2008 11:03 AM Page 1
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JOINT POWERS AND MUTUAL AID AGREEMENT FOR USE OF
FII2E PERSONNEL AND EQUIPMENT
Rosevilie Fire Department and Saint Paul Fire Department
I. Purpose
This agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and
cooperative exercise of powers common to contracting Parties. In consideration of the mutual
covenants herein contained and the benefits that each Party shall derive hereby, the inten6on of
the Parties to this Agreement is to make equipment, personnel and other resources available, due
to an unplanned, unanucipated, or emergency type need for assistance, between the City of Saint
Paul, through its Fire Depaztrnent ("SPFD") and Roseville, the Parties agree as follows:
II. De�nitions
1. "Party" means Roseville Fire Department and Saint Paul Fire Department.
2. "Requesting Official" means the person designated by a Party who is responsible for
requesting Assistance from the other Party.
3. "Requesting Party" means a Party that requests assistance from the other Party,
4. "Responding Official" means the person desigc�ated by a Party who is responsible to
determine whether and to what extent that Party will provide assistance to a Requesting
Party.
S. "Responding Party" means a Party that provides assistance to a Reyuesting Party.
6. "Assistance" means fire and/or emergency medical services personnel and/or associated
equipment.
7. "Specialized Activities" means non-emergency Assistance to include but not be limited
to: fire investigators, 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 Roseville and the City of Saint Paul
Fire Departments.
IV. Procedure
1. Request for assistance.
Whenever, in the opinion of a RequesUng 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
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� furnish assistance. Speciatized acTivities of a non-emergency nature may also be requested
and/or provided by the Parties of this Agreement.
2. Response to request
Upon the request for assistance from a Requesting Party, the Responding Official may authorize
and direct hislhez 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 recail 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.
4. Command of Seene.
The Requesting Party shall be in cominand 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.
V, Workers' compensation
Each Party shall be responsible for injuries or death of its own personnel. Each Party wil]
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 negiigence of any other Party or its officers, employees, agents, or volunteers.
2. All personnel of the Responding Party shall remain employees of the Responding Party
and shall not be considered temporazy or permanent employees of the Requesting Party
for any purpose whatsoever or be entitled to tenure rights or any rights or benefits by way
of workers compensation, re-employment insurance, medical and hospital caze, sick and
vacation leave, severance pay, PERA or any other right or benefit of the Requesting
Party. The Parties acknowiedge their individuai responsibility to provide all salary
compensation and fringe benefits to their empioyees while performing services on behalf
of the Requesting Party. Benefits may include, but aze not limited to, health care,
disability insurance, life insurance, re-employment insurance, FICA, Medicare, PERA,
vacation, sick leave, and unpaid leave of absence.
VI. Damage to equipraent
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
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—` or losses were caused wholly or partially by the negligence of any other Party or its officers,
employees, or volunteers.
VII. Liability
1. Each Party to this Agreement shall be liable for its own acts to the extent provided by law
and hereby agrees to indemnify, hold harcnless, and defend the other, its o�cers and
employees against any and all liability, loss, costs, damages, expenses, claims, or actions,
including attorney's fees which the other, its officers and employees may hereafrer
sustain, incur, or be required to pay, arising out of or by reason of any act or omission of
the Party, its agents, or employees.
2. 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 or Minnesota Statutes Section 471.59 applicable to any one Party.
The limits of liability for some or all of the Parties may not be added tpgether to
deternune the maximum amount of liability for any Party.
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 fumish assistance to
any other Party, or for recalling assistance, both as described in this Agreement.
VIII. Charges to the Requesting Party
A Responding Party to this Agreement will levy no chazges for assistance
rendered to a Requesting 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 Pazry an itemized bill for ihe actual 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 Party shall reimburse
the Party providing the assistance for that amount.
2. Such chazges are not contingent upon the availability of federai or state
govemment funds.
IX. Duration
This Agreement will be in force from the date of execution and notification by the Cities of
Roseville and Saint Paul. Either Party may withdraw from this Agreement upon thirty (30) days
written notice to the other Party or parties of the Agreement.
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f = _ --_-_%. Execurion -- — - — — — - — — --
Each Party hereto has read, agreed to and executed this Mutual Aid Agreement on the date
indicated.
City of Saint Pau]
ay:
TiUe: Mayor
Date:
By:
Title: Fire Chief
City of Roseville
By, . ,
Crai . K1au ng
Title: M or
Date: �'�����
By:
Will m J. Malinen
Title: City Manager
Date:
By:
Title: City Attomey
Date:
�
Tide: Director of Financial Services
Date:
Date
By:
Title.
Date:
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