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Home My WebLink AboutRES 88-018 RESOLUTION AUTHORIZING THE MAYOR, CITY MANAGER AND FIRE CHIEF TO EXECUTE THE CAPITOL CITY MUTUAL AID ASSOCIATION RECIPROCAL FIRE SERVICE AGREEMENT Meeting Sheet 11111 VIII 11111 VIII VIII VIII IIII IIII < .101612 Box:21 Folder: RES 1988 Document: RES 88-018 RESOLUTION AUTHORIZING THE MAYOR, CIN MANAGER AND FIRE CHIEF TO EXECUTE THE CAPITOL CIN MUTUAL AID ASSOCIATION RECIPROCAL FIRE SERVICE AGREEMENT • RESOLUTION 88-018 A RESOLUTION AUTHORIZING THE MAYOR, CITY MANAGER AND FIRE CHIEF TO EXECUTE THE CAPITOL CITY MUTUAL AID ASSOCIATION RECIPROCAL FIRE SERVICE AGREEMENT WHEREAS, the St. Anthony Village Fire Department is 'now and desires to continue to be a member of the Capitol City Mutual Aid Association; and WHEREAS, the Capitol City Mutual Aid Association Reciprocal Fire Service Agreement is renewed every five years; and WHEREAS, said agreement has had no change in wording and is also due to be renewed at this time. • NOW, THEREFORE, BE IT RESOLVED, that the Mayor, City Manager, and Fire Chief are hereby authorized by the St. Anthony City Council to execute the Capitol City Mutual Aid Association Reciprocal Fire Service Agreement. Adopted this ` day of ff)o.V 1988 . Ma or ATTEST:_ -X City Clerk Reviewed for administration: 6 a� City Manager „'rfr7 � h l tl CAPITOL CITY MUTUAL AID ASSOCIATION RECIPROCAL FIRE SERVICE AGREEMENT • 1. Definition of Terms Subd. 1 "Party" means a political subdivision, or, in the case of a private non-profit provider of fire protection, the governing body of such a provider. Subd. 2 "Requesting Official" means a party's fire chief and/or that fire chief's delegates who is/are empowered to request assistance from other parties. Subd. 3 "Responding Official" means a party's fire chief and/or that fire chief's delegates who is/are empowered to determine whether and to what extent assistance can or should be provided. Subd. 4 "Assistance"means fire and/or emergency medical services personnel and equipment provided by a fire department as defined by Minnesota Statutes Chapter 69.011, and includes such personnel and equipment as maybe needed for stand-by protection by a party to this agreement. Subd. 5 "Emergency" means a sudden and unforeseen situation requiring immediate action and assistance. 2. Authority Subd. 1 The parties to this agreement acknowledge their authority to enter into this agreement pursuant to provisions of the Joint Exercises of Powers Act, Minnesota Statutes Chapter 471 et seqto provide each other on a reciprocal basis assistance in the event of emergencies beyond the ability of any single party to control. 3. Capitol City Mutual Aid Association Subd. 1 Each party's fire department shall, upon execution of this agreement,become members of the Capitol City Mutual Aid Association for the purpose of furthering the intent of this agreement,and shall abide by the Constitution and by-laws of the Capitol City Mutual Aid Association. 4. Identification of Parties Subd. 1 The Secretary/Treasurer of the Capitol City Mutual Aid Association shall maintain a current list of all parties to this agreement and shall furnish said list to each party to the agreement.Whenever there is a change in parties to this agreement,said Secretary/Treasurer shall furnish a revised list • of parties including such change.Said lists shall be furnished upon receipt of a properly executed copy of this agreement by said Secretary/Treasurer 5. State-Wide Fire Mutual Aid Channel Subd. 1 Parties to this agreement hereby agree to furnish each of their engines with a pumping capacity of one thousand gallons per minute or more and each of their aerial ladder trucks with a mobile or portable radio capable of transmitting and receiving radio messages on the frequency designated by the Tele-communications Division, Minnesota Department of Transportation as the"state wide fire mutual aid channel"two years from the date this agreement is executed. 6. Procedure Subd. 1 If one or more emergencies occur within the jurisdiction of any party to this agreement, that party's requesting official is authorized to request assistance from one or more of other partiesto this agreement. Subd. 2 Upon receipt of a request for assistance,a party's responding official may authorize and direct such assistance, PROVIDED that whether such assistance shall be provided or to what extent such assistance shall be provided shall be determined solely by the responding official, and FURTHER PROVIDED that the responding official may at any time recall such assistance if the responding official deems such recall as necessary to provide for the safety and protection of the party under which authority the responding official is acting. Subd. 3 Assistance provided under this agreement shall be under the command of the officer-in-charge of the emergency for which the assistance was summoned immediately upon arrival at the emergency. Subd.4 No charge will be levied by any party to this agreement for assistance rendered to another party under the terms of this agreement. 7. Insurance Subd. 1 Each of the parties will maintain insurance policies providing coverage for: (a) Accidental death of firemen (covered by workmen compensation)who is a member of said parties'fire department, the coverage of said policy extending to protect said parties when • engaged in the performance of duties under this agreement outside the boundary of the party of whose fire department he is a member, and (b) Damage or injury caused by negligent operation of its fire department vehicles to the extent of at least$50,000.00 property liability,and at least$300,000.00 personal injury liability,the coverage of such policies extending to accidents which may occur while the said party's fire department is engaged in the performance of duties under this agreement outside the boundaries of said party. • 8. Liability Subd. 1 No party to this agreement nor any officer or employee of any party shall be liable to any other party or to any person on account of failure of any party to this agreement to furnish assistance to any other party, or on account of recall, both as described in Article 6,Subd. 2 Supra. Subd. 2 The party for whom assistance is requested under the terms of this agreement shall not be responsible for any injuries, losses or damage to persons or property arising out of the acts or omissions of any of the personnel of a party providing assistance under the terms of this agreement, nor shall the responding party be responsible for any injuries,losses or damage to persons or property arising out of the acts or omissions of any of the personnel of the party for whom assistance is requested under the terms of this agreement or the personnel of any other party providing assistance under the terms of this agreement. 9. Subsidy Subd. 1 This agreement shall not be construed as afire protection subsidy,either director indirect,by any party to this agreement. 10. Duration and Withdrawal Subd. 1 This agreement shall be in force for a.period of five years following the date of execution. Subd. 2 Any party may withdraw from this agreement at any time upon thirty(30)days'written notice to the Secretary/Treasurer of the Capitol City Mutual Aid Association. The Secretary/Treasurer shall thereupon give notice of such withdrawal and of the effective date thereof,as provided in Article 4, Subd. 1 supra. 11. Filing Subd. 1 Each party to this agreement shall maintain a copy of an executed copy of this agreement.Such copy shall be provided by the Secretary/Treasurer of the Capitol City Mutual Aid Association within thirty (30) days of receipt of an executed copy of the agreement and execution by the President and Secretary/Treasurer of the-Capitol City Mutual Aid Association. • IN WITNESS WHEREOF, the undersigned, on behalf of their political subdivision or their fire department corporation have executed this agreement pursuant to authorization by the City Council of the City of or the governing body of the Fire Department, Inc.on the date of 1988. City of by A or its Ma / Y by its City Manager.er-6ferk Fire Department of by ,its Fire Chief by its Secretary Capitol City Mutual Aid Association by its President by its Secretary/Treasurer •