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2 <br /> <br /> <br /> WHEREAS, the Parties to this Agreement desire to be properly prepared to manage and <br />extinguish fires and handle other emergencies; and <br /> <br /> WHEREAS, in order to ensure adequate preparations to protect the lives and property <br />within the cities who are parties to this Agreement, the Parties desire to assist each other. <br /> <br /> NOW THEREFORE, the Parties mutually agree to the joint exercise of police powers by <br />initiating a policy of Automatic Aid with the following conditions: <br /> <br /> <br />Section 1. Automatic Assistance. If any Party receives notice of a reported <br />structure or building fire within the Party’s designated Fire Protection Area, the Party will <br />automatically dispatch assistance to the scene of the building or structure fire without first <br />receiving a request from a Requesting Official for assistance. The Responding Party may send any <br />available Fire Department resources to respond to the building or structure fire, in the discretion <br />of the Responding Official, based on the Responding Party’s resource availability. <br /> <br /> Section 2. Recall of Assistance. The Parties reserve the right to retain equipment, <br />personnel and supplies that may be necessary to protect their own Cities. If an emergency arises <br />within the Responding Party’s Fire Department coverage area, the Responding Official may at any <br />time recall such assistance when in his or her best judgment, or by an order from the governing <br />body of the Responding Party, it is considered to be in the best interest of the Responding Party to <br />do so. <br /> <br /> Section 3. Command of the Scene. The first Party arriving at the scene of the <br />structure or building fire shall establish command of the scene. Command of the scene may be <br />transferred by agreement of all parties at the scene. <br /> <br /> Section 4. Workers’ Compensation and Responsibility for Injuries. Each Party <br />shall be responsible for injuries or death of its own personnel. Each Party will maintain workers’ <br />compensation insurance or self-insurance coverage covering its own personnel while they are <br />providing assistance pursuant to this agreement. Each Party waives the right to sue any other Party <br />for any workers’ compensation benefits paid to its own employees or volunteers or their <br />dependents, even if the injuries were caused wholly or partially by the negligence of any other <br />Party or its officers, employees, or volunteers. <br /> <br /> Section 5. Damage to Equipment. Each Party shall be responsible for damages to or <br />loss of its own equipment and supplies. Each Party waives the right to sue any other Party for any <br />damages to or loss of its equipment or supplies, even if the damages or losses were caused wholly <br />or partially by the negligence of any other Party or its officers, employees, or volunteers. <br /> <br /> Section 6. Minnesota Municipal Tort Liability Act. For the purposes of the <br />Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees, volunteers, and officers <br />of the Responding Party are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision <br />6) of the Requesting Party, but compensated by the Responding Party.