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HomeMy WebLinkAboutCC RES 04-018 RESOLUTION APPROVING THE AGREEMENT FOR JOINT AND COOPERATIVE USE OF FIRE PERSONNEL AND EQUIPMENT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIII IIIIIIII 104470 Box: 31 Folder: RES 2004 Document: CC RES O4-018 RESOLUTION APPROVING THE AGREEMENT FOR JOINT AND COOPERATIVE USE OF FIRE PERSONNEL AND EQUIPMENT • CITY OF ST. ANTHONY VILLAGE RESOLUTION 04 - 018 A RESOLUTION APPROVING THE AGREEMENT FOR JOINT AND COOPERATIVE USE OF FIRE PERSONNEL AND EQUIPMENT WHEREAS, the City of St. Anthony is a member of the Hennepin County Chiefs Association; WHEREAS, the Association has adopted an agreement for joint and cooperative use of fir personnel and equipment; and WHEREAS, the City of St. Anthony believes the effectiveness of fire protection within the City is improved by adopting this agreement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby authorizes the Mayor and City Manager to execute the Hennepin County Chiefs • Association Joint Cooperative Agreement for Use of Fire Personnel and Equipment, as Exhibit A,attached, on behalf of the City of St. Anthony, as a participating member. Adopted this day of ` 2 , 2004. i Mayor ATTEST: City Clerk Reviewed for Administration: City Manager • • INTEROFFICE MEMO ANDUM TO: MICHAEL J.MORNSON FROM: JOEL A.HEWITT SUBJECT: HENNEPIN MUTUA AID CONTRACT DATE: 1/16/2004 CC: Background The fire service has developed a Mutual-Aid reciprocal agreement contract to provide resources in time of need when resources have been depleted on an incident or several incidents on a no fee basis. However,recently it has been found to be reimbursed by FEMA for services rendered due to a disaster,many contracts are now including the ability to charge after 8-12 hours of services provided. These events usually are very few and far between,that the majority of assistance requests lye within the scope of the original intent of these contracts. Currently,our fire department participates in two contract associations The Capital City which allows us to request assistance from Ramsey County area departments and the North Suburban which • allows us to request assistance from the Northwest suburbs from Minneapolis to as far as Big Lake. We also participate in the statewide system,which is a resource that provides assistance of any type from any participating department in the system.This system is typically used for large extensive incidents,such as a hazardous materials release,a man-made,or natural disaster. We currently as all departments in Hennepin County do not have a formalized agreement to call assistance from across the width and breadth of Hennepin County.The county is currently severed by two agreements not covered by one agreement limiting on who can be called to provide mutual aid.To alleviate this problem,The Hennepin County Fire Chiefs Association has recently written a contract(attached) to provide county fire departments to call assistance from any fire department located in Hennepin County. Pronosak My request is to approve the attached is a resolution to authorize the City Manger to enter into a mutual aid agreement on behalf of the ST. Anthony Fire Department with the Hennepin County Chief s Association Mutual Aid contract. If you have any questions or concerns,please call on me,thank you. HENNEPIN COUNTY CHIEFS ASSOCIATION Founded 1961 • Dear Members, At the August 14,2003,meeting of the Hennepin County Chiefs Association,the proposed countywide mutual aid agreement and bylaw changes were unanimously accepted by the members present. It is now up to each Department to get the approval needed so that signed copies,accepting the terms of the agreement,can be put on file with the Secretary of the Association. This agreement is based on the League of Minnesota Cities Mutual Aid Agreement Model with just a few exceptions. The first of these is the addition of"Specialized Activities" in the definition section. This allows departments to assist each other for non-emergency activities. Such activities could be arson investigation,training, sharing of fire instructors,equipment and facilities. The next exception is the addition of Section Three,"PARTIES". This section explains the administrative process required to be part of the agreement. Section 4 also was changed with the addition of the Minnesota Incident Management System(MIMS)to the"Command of Scene" subdivision. The final changes are in Section Seven "Charges to the Requesting Party". This section calls for the responding party to be reimbursed for any assistance that exceeds eight hours and all supplies used regardless of assistance time. This was added to comply with the Federal Emergency Management Agency's(FEMA)rule. The rule states that if local governments do not have a written agreement that provides for charges to be paid to the Responding Party, FEMA will not reimburse the Responding Party for those costs. The rule allows short-term assistance to be given for no charge. The eight-hour figure was decided on by the membership. • The by-laws were changed to allow Fire Departments outside the boundary lines of Hennepin County to be Affiliate Members of the organization. They would have the privileges of an active member except for voting and holding office. Their dues would be ten dollars a year,the same as an active member,to cover any administrative costs. For those that must go to council a sample resolution has been provided. Certified copies of the resolution and/or executed copies of the agreement must be sent to Hennepin County Chiefs Association Secretary,Greg Pederson,so that a current list of parties to the agreement can be maintained. Questions regarding the agreement or process should be directed to President George Esbensen,952-949-8336,or Committee member Luke Stemmer,952-924-2596. Sincerely, ,A., C„S L4c., George Esbensen,President Hennepin County Chiefs Association President Secretary George Esbensen Greg Pedersen Eden Prairie Fire Mound Fire 14800 Scenic Heights Rd. 2415 Wilshire Blvd. Eden Prairie,MN 55344 Mound,MN 55364 952-949-8336 952-472-3555 gesbensen@edenprairie.org Attachments(2) • JOINT COOPERATIVE AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT HENNEPIN COUNTY CHIEFS ASSOCIATION August 14, 2003 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. The intent of this agreement is to make equipment, personnel and other resources available to political subdivisions from other political subdivisions. H. Defmitions • "Party" means a political subdivision. • "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. • "Requesting Party" means a party that requests assistance from other parties. • "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 • "Responding Party" means a party that provides assistance to a Requesting Party. • "Assistance" means, fire and/or emergency medical services personnel and/or equipment. • "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 Active and Affiliate members of the Hennepin County Chiefs 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 Hennepin County Chiefs Association together with a certified copy of the resolution authorizing the agreement. The Secretary of the Hennepin County Chiefs Association shall maintain a current list of the parties to this Agreement and, whenever there is a change in the parties of this Agreement, shall notify the designated responding • official of each party of such change. Page: 1 of 4 IV. Procedure • Subd. 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. Specialized activities of a non-emergency nature may be requested and/or provided by the Parties of this Agreement Subd. 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. This decision will be made after considering the needs of the responding party and the availability of resources. 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 governing 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 Minnesota Incident Management System (MIMS). 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 will 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 volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, 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. Page: 2 of 4 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 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, 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 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, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. Subd. 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. VIII. Charges to the Requesting Party Subd. 1. A Responding Party to this agreement will levy no charges for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance 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 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 will reimburse the party providing the assistance for that amount. Subd. 2. Such charges are not contingent upon the availability of federal or state government funds. Page: 3 of 4 IX. Duration This agreement will be in force from the date of execution and notification of the • Secretary of the Hennepin County Chiefs Association. Any party may withdraw from this agreement upon thirty(30) days written notice to the other party or parties to the agreement. X. Execution Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Date �1d ka u a �� l�Cvc� Entity B Title 1IJA Vr,,r Date ft yj itcl YUP EntitSt. 1 .r� By AA 1 , �® Title l''l a 69 a • • Page: 4 of 4 • HENNEPIN COUNTY FIRE CHIEFS ASSOCIATION CONSTITUTION AND BY-LAWS OF THE HENNEPIN COUNTY FIRE CHIEFS ASSOCIATION ARTICLE I NAME The organization shall be known as the Hennepin County Fire Chiefs Association ARTICLE II PURPOSE The purpose of the Hennepin County Fire Chiefs Association is to provide a forum to discuss and promote fire safety, to exchange ideas and search for solutions to fire safety and other emergency response problems, to conduct research, to conduct educational programs, to promote legislation and to promote the spirit of cooperation between fire departments or other emergency response organizations operating within Hennepin County. ARTICLE III MEMBERSHIP • Section I Active Membership Membership of the association shall be composed of active fire departments within the boundary lines of Hennepin County, with such departments being represented in the association by their active Fire Chiefs, Assistant Chiefs, and/or Administrative Officers. Operation officers such as captain or lieutenant are eligible for membership. Annual Dues $10.00. Section II Sustaining Membership Individuals or firms, which are limited to corporations, companies, partnerships and any organization in the fire equipment, suppression, detection, business and any other business organization, interested in carrying out the purpose of the Association. may be granted sustaining memberships. Sustaining members shall have the privileges of an active member, except for voting and holding office. Annual Dues $20.00. • Section III Affiliate Membership Fire departments outside the boundary lines of Hennepin County may be granted affiliate membership for the purpose of mutual aid, with such departments being represented in the association by their active Fire Chiefs, Assistant Chiefs, and/or Administrative Officers. Individuals, limited to employees of local municipalities, state and federal governments, hospitals, retired fire officers, or agencies, who have support responsibilities in the area of fire safety, rescue, EMS, emergency management or hazardous material emergency response may also be granted affiliate membership. Affiliate members shall have the privileges of an active member except for voting and holding office. Annual Dues $10.00. ARTICLE IV ASSOCIATION OFFICERS,ASSOCIATION REPRESENTATIVES AND COMMITTEES The Officers of the Hennepin County Fire Chiefs Association shall consist of a President, 1 st Vice President, 2nd Vice President and Secretary/Treasurer. Each shall be elected at the last quarterly meeting of each calendar year and shall hold office for a term of one year or until their successors have been duly elected. To hold office on the board, active members shall be chief • officer or administrative rank. The President shall appoint members of the Association to serve on the Hennepin County Sheriffs Radio User Advisory Board and the Hennepin County Emergency Medical Services Council. Such appointments shall be made at the last quarterly meeting of each calendar year following the election of officers to the Association. Representatives shall hold office for a term of one year or until their successors have been duly appointed. The President may establish committees and appoint members to committees to conduct special business of the Association. The purpose and business to be conducted by a committee shall be established at the time said committee is created and duly noted in the minutes of the Association. Committees shall make reports concerning their work at meetings of the association. ARTICLE V MEETINGS Regular meetings shall be held at any fire department that enjoys membership in the Hennepin County Fire Chiefs Association in alphabetical order. The regular meetings shall be held on the 2nd Thursday of the months of February, May, August and November of each Year. Business will be conducted with 1/3 of the members in good standing denoting a quorum. The President may call special meetings after written notification • to all members in good standing. • ARTICLE VI VOTING Each department in good standing and represented at the meeting in which the vote is taken shall be entitled to one vote. All business being voted on will pass with 2/3 votes of those present. ARTICLE VII DUES Dues for active and affiliate membership shall be fixed by majority vote of the members present at the first quarterly meeting of the year. The dues established at the meeting will be payable for the following year and due at the first quarterly meeting of that year. Sustaining member dues shall be twice the amount of active members. ARTICLE VIII DUTIES OF OFFICERS President - See Article IV. • 1st Vice President- The 1 st Vice President shall enjoy all the powers and duties of the President in that officer's absence(shall Chair the membership committee and shall appoint other members as necessary) 2nd Vice President - In the absence of the President and the 1 st Vice President, the 2nd Vice President shall assume the duties of the President(shall Chair the program committee and shall appoint other members as necessary). Secretary/ Treasurer- The Secretary/Treasurer shall keep a true record of the minutes of each meeting; shall receive and record all monies, dues and contributions of the Association; and shall keep a true account of same and deposit all receipts (in a bank of choice). He/She shall pay out funds only on the order of the President. ARTICLE IX ORDER OF BUSINESS Call to Order Greeting from Host Chief Program presentation Roll Call • Approval of the minutes of previous meeting and a Treasurer's report. • Reports of Officers and committees Unfinished business New business Good of the Association Adjournment ARTICLE X RULES OF ORDER Meeting shall be conducted under"Roberts Rules of Order." ARTICLE XI CHARTER MEMBERSHIP The following departments having been present at the first and second meetings of the Association shall be duly recognized as Charter Members of the Association: Brooklyn Center, Brooklyn Park, Crystal, Edina, Excelsior, Golden Valley, Hamel, Hopkins, Medicine Lake, Minneapolis, Minnetonka, New Hope, Osseo, Plymouth, Richfield, Robbinsdale, Rogers and St. Louis Park. (Charter Officers: President—R.C. Malmquist, Minneapolis; 1 st Vice President— C.M. "Pete"Williams, St. Louis Park; 2nd Vice President—Chris Mitzel, Edina; Secretary/Treasurer—Robert G. Smith, Hennepin County Sheriffs Emergency Squad. Directors: Dean Mumert, Medicine Lake; Wesley Tonn, Crystal; Francis Bauer, Plymouth. ARTICLE XII AMENDMENT AND DISSOLUTION • Section I: No amendment shall be made to these By-Laws unless proposed at a regular meeting in writing. The proposed amendments shall then be discussed and referred to a committee, which shall report at the next regular or special meeting. Section II: An amendment requires a 2/3's majority vote of the active membership present for acceptance. Section III: This Association may be disbanded only by a 3/'s vote of the entire membership of the Association, and a published or served notice shall be given to all members of the meeting for that purpose at least one meeting before such a vote shall be taken. Originated August 1, 1961 — Revised February 1975 Revised February 1984 Revised November 1992 Revised May 1995 Revised May 2000 Revised May 2002 Revised August 2003 •