5.d) Reciprocal Fire Service Agreement with Village of Osceola, WI Meeting Date: 8/4/2009
Agenda Item: 5� / 1
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City Council Agenda Report
City of Scandia
14727 209`h St. North
Scandia, MN 55073 (651)433-2274
Action Requested: Approve a reciprocal fire service agreement with the Village of
Osceola, Wisconsin.
Deadline/ Timeline: N/A
Background: • The Fire Deparirnent has recommended that the city enter into a
mutual aid agreement with the Village of Osceola, to allow either
department to assist with emergency response in their respective
territories.
• The proposed agreement was prepared by City Attorney David
Hebert,with input from the Osceola Village Attorney and the
League of Minnesota Cities Insurance Trust.
• Minnesota Statutes Section 471.59 authorizes cities to enter into
these types of agreements. Minnesota Statutes, Section 12.27
Subd. 2 provides that mutual aid agreements with agencies in
other states must be approved by the Governor.
• The Osceola Village Board will consider approving the agreement
at their August 11 meeting.
Recommendation: I recommend that the City Council approve the agreement. Staffwill
submit the agreement to the State of Minnesota for the required
approvals.
Attachments/ . Agreement
Materials provided:
Contact(s): David Hebert, City Attorney
(651 464-3397)
Jim Finnegan, Fire Chief(651 433-2225)
Prepared by: Anne Hurlburt, Administrator
(Osceola mutual aid agreement)
Page 1 of 1
07/30/09
CITY OF SCANDIA
and
VILLAGE OF OSCEOLA
RECIPROCAL FIRE SERVICE AGREEMENT
In this Reciprocal Fire Service Agreement, the organizations named below agree
to make available to each other their respective firefighting and rescue equipment and
personnel in the event of emergencies, and they certify that each has the legal authority to
authorize such use of its equipment and personnel.
WITNESSETH
WHEREAS, the Osceola Fire Deparhnent and the Scandia Fire Department,
hereinafter referred to as the Fire Departments, desire to make available to each other
their respective fire-fighting and emergency equipment and personnel in the event of an
emergency, and
WHEREAS, each of said Fire Departments have received legal and binding
authority from their respective governing bodies to allow its respective fire-fighting and
emergency equipment and personnel to respond to fires and emergencies in the territories
in which any of the other parties to this agreement have legal authority to operate, and
WHEREAS, the Village of Osceola is authorized to enter into this agreement by
Wis. Stats., Sec. 66.0303(3) (b),
NOW,THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. For the purposes of this agreement an emergency shall be defined as, but
not limited to, the following: fire, drowning, storm damage, cave-in, accident, explosion,
or any other type of emergency to which any Fire Department shall be called upon to
respond.
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2. If one or more emergencies occur within the limits of any territory in
which any of the members of this agreement are authorized to furnish fire-fighting and
emergency equipment and personnel, and if in the judgment of the Chief of the Fire
Department in which the emergency exists, or in his/her absence, his/her assistant or
deputy in charge, its equipment and personnel are insufficient to handle the emergency,
the individual in charge may call on the other parties to this agreement for assistance.
3. Upon receipt of a call for assistance as set forth in Paragraph 2, the
responding Fire Department shall promptly dispatch requested equipment and/or
manpower to assist in fighting the fire or handling the emergency or to render stand-by
service provided that no Fire Department of any of said parties shall be obligated to send
its fire or emergency equipment or personnel beyond its boundaries if to do so would
leave such Fire Department without adequate equipment or personnel available within its
limits for service at any emergency which might subsequently arise therein.
4. The responding Fire Department may at any time recall its assistance
when in its best judgment or by an order from the governing body of the responding Fire
Department it is considered to be in the best interests of the responding Fire Department
so to do.
5. The fire-fighting and emergency equipment and personnel of any Fire
Department assisting the Fire Department of another area in an emergency will
immediately upon arrival at the scene of the emergency report to and operate under the
command of the officer in charge of the deparhnent within whose boundaries the
emergency is situated.
6. No charge will be made by any Fire Department for assistance rendered to
another Fire Department under this agreement unless that assistance continues for a
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period of more than 48 hours. No charges will be levied by a responding Fire
Department to this agreement for assistance rendered to a requesting Fire Deparhnent
under the terms of this agreement unless that assistance continues for a period of more
than 48 hours. If assistance provided under this agreement continues for more than 48
hours, the responding Fire Department will submit to the requesting Fire Department an
itemized bill for the actual cost of any assistance provided after the initia148 hour period,
including salaries, overtime, materials and supplies and other necessary expenses; and the
requesting Fire Department will reimburse the Fire Department providing the assistance
for that amount.
7. Each Fire Department shall be responsible for injuries or death of its own
personnel. Each Fire Departrnent will maintain worker's compensation insurance or self-
insurance coverage, covering its own personnel while they are providing assistance
pursuant to this agreement. Each Fire Department waives the right to sue any other Fire
Deparhnent for any workers' compensation benefits paid to its own employee or
volunteer or their dependants, even if the injuries were wholly or partially caused by the
negligence of any other Fire Department or its officers, employees, or volunteers.
Worker's compensation insurance meeting or exceeding the minimum amounts required
by law in the state in which the Fire Department normally operates shall be maintained
by each Fire Department with such insurance extending to cover all members of said Fire
Department when responding to any call as a result of this agreement.
8. The requesting Fire Department agrees to defend and indemnify the
responding Fire Department against any claims brought or actions filed against the
responding Fire Deparhnent or any officer, employee, or volunteer of the responding Fire
Department for injury to, death of, or damage to the property of any third person or
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persons, arising from the performance and provision of assistance in responding to a
request for assistance by the requesting Fire Deparhnent pursuant to this agreement.
9. Bodily injury and property damage insurance with minimum coverage of
$500,000.00 per person and $1,500,000.00 per accident for bodily injury, wrongful death
and property damage shall be maintained by each of the parties with such coverage
extending to cover the response to any call as a result of this agreement. Under no
circumstances, however, shall a Fire Department be required to pay on behalf of itself
and other Fire Departments, any amounts in excess of the limits of liability established in
Minnesota Statutes Chapter 466 applicable to any one Fire Department. 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 Fire Departrnent.
10. Each Fire Department shall be responsible for damages to or loss of its
own equipment. Each Fire Department waives the right to sue the other Fire Department
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 Fire Department or its officers,
employees, or volunteers.
11. No Fire Department to this agreement nor any officer or employee of any
Fire Department shall be liable to the other Fire Department or to any person on account
of failure of any Fire Department to furnish its fire-fighting and emergency equipment or
personnel in response to a call for assistance from any other department.
12. This agreement supersedes any other agreement for reciprocal fire service
between the Fire Departments named in this agreement.
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13. This agreement shall remain in effect until terminated by 30 days mailed
notice given by either of the Fire Deparhnents named in this agreement to the other Fire
Department.
14. Copies of this agreement shall be provided to the clerk or administrator of
the governing body of each Fire Department named in this agreement and to the chief of
the Fire Departments involved.
15. IN WITNESS WHEREOF the said Fire Departments have caused this
agreement to be signed by their duly authorized officers by authority of their respective
governing bodies as of this date.
For the City of Scandia For the Village of Osceola
Dennis D. Seefeldt, Kathy Demulling,
Mayor Village President
Anne Hwlburt, Neil Soltis,
City Administrator Village Administrator
For the Scandia Fire Department For the Osceola Fire Department
James Finnegan, Don Stark,
Fire Chief Fire Chief
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