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9.c Discussionon Scandia Fire and Rescue automatic aid agreement1 AUTOMATIC AID/MUTUAL AID AGREEMENT BETWEEN THE CITIES OF FOREST LAKE and SCANDIA FOR THE DISPATCH AND USE OF FIRE PERSONNEL AND EQUIPMENT This Automatic Aid Agreement for use of fire personnel and equipment (“Agreement”) is made and entered into and effective this day of , 2018, by and among the City of Forest Lake, a Minnesota municipal corporation (“Forest Lake”) and the City of Scandia, a Minnesota municipal corporation (“Scandia”) pursuant to the provisions of Minnesota Statutes §471.59 which authorizes the joint and cooperative exercise of powers common to the contracting parties. Subject to the terms and conditions hereafter stated and based on the representations, agreements and recitals of the parties herein contained, the parties do hereby agree as follows: ARTICLE I DEFINITIONS 1.1 Terms. The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.2 “Party or Parties”. The City of Forest Lake and the City of Scandia. Parties shall collectively mean more than one Party. 1.3 “Requesting Official”. The person designated by a Party who is responsible for requesting Assistance from the other Party. 1.4 “Requesting Party”. A Party that requests assistance the other Party, or in the case of the provision of Automatic Aid, the City where the building/structure fire is located. 1.5 “Responding Official.” The person designated by a Party who is responsible to determine whether and to what extent that Party should provide Assistance to a Requesting Party. 1.6 “Responding Party.” A Party that provides assistance to a Requesting Party. 1.7 “Assistance.” Fire/rescue and/or emergency medical services personnel and equipment. 1.8 “Automatic Aid.” A predetermined response as provided in this Agreement. 1.9 “Fire Protection Area.” The areas shown on the Automatic Mutual Aid Response Map attached hereto as Exhibit A. ARTICLE II RECITALS WHEREAS, the intent of this Agreement is to make fire equipment, personnel and other resources available to the Parties to this Agreement to address fire emergencies; and 2 WHEREAS, the Parties to this Agreement desire to be properly prepared to manage and extinguish fires and handle other emergencies; and WHEREAS, in order to ensure adequate preparations to protect the lives and property within the cities who are parties to this Agreement, the Parties desire to assist each other. NOW THEREFORE, the Parties mutually agree to the joint exercise of police powers by initiating a policy of Automatic Aid with the following conditions: Section 1. Automatic Assistance. If any Party receives notice of a reported structure or building fire within the Party’s designated Fire Protection Area, the Party will automatically dispatch assistance to the scene of the building or structure fire without first receiving a request from a Requesting Official for assistance. The Responding Party may send any available Fire Department resources to respond to the building or structure fire, in the discretion of the Responding Official, based on the Responding Party’s resource availability. Section 2. Recall of Assistance. The Parties reserve the right to retain equipment, personnel and supplies that may be necessary to protect their own Cities. If an emergency arises within the Responding Party’s Fire Department coverage area, 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 interest of the Responding Party to do so. Section 3. Command of the Scene. The first Party arriving at the scene of the structure or building fire shall establish command of the scene. Command of the scene may be transferred by agreement of all parties at the scene. Section 4. Workers’ Compensation and Responsibility for Injuries. 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 employees or volunteers or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. Section 5. Damage to Equipment. Each Party shall be responsible for damages to or loss of its own equipment and supplies. Each Party waives the right to sue any other Party for any damages to or loss of its equipment or supplies, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. Section 6. Minnesota Municipal Tort Liability Act. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees, volunteers, and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party, but compensated by the Responding Party. 3 Section 7. Indemnification. 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 provisi on of Assistance in responding automatically to a building/structure fire or 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 Section is to impose on the Requesting Party 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. No Party to this Agreement or 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. Section 8. Charges. No charges will be levied by the Responding Party to this Agreement for Assistance rendered to the Requesting Party under the terms of this Agreement unless that Assistance continues for a period of more than 12 hours. a. If Assistance provided under this agreement continues for more than 12 hours, the Responding Party may submit to the Requesting Party an itemized bill for the cost of any Assistance provided after the initial 12 hour period, including salaries, overtime, materials and supplies and other necessary expenses at the rates established in the most recent Suggested Equipment Standards and Hourly Rates for Fire Departments That Have an Agreement with the Division of Forestry/MN/DNR; and the Requesting Party shall reimburse the Responding Party providing the Assistance for that amount. b. Such charges are not contingent upon the availability of federal or state government funds. Section 9. Term. This Agreement shall commence on the date executed and shall continue until terminated. Any Party may withdraw from this Agreement upon thirty (30) days written notice to the other Party to the Agreement. Section 10. Amendments. Any amendments to this Agreement shall be in writing and signed by all Parties. 4 Section 11. Counterparts. This Agreement may be executed in counterparts, any one of which shall be deemed an original, but when taken together shall constitute one Agreement. Section 12. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties and their permitted assigns, and nothing in this Agreement, express or implied, is intended to confer any rights or remedies upon any other persons. Section 13. Entire Agreement. This Agreement contains the entire Agreement of the Parties and all representations with respect to Automatic Aid, and supersedes and all prior agreements, correspondence, or memoranda, but does not replace or modify any existing mutual/automatic aid agreements between the Parties and other cities which are not a party to this Agreement. [The remainder of this page is intentionally left blank.] 5 CITY OF FOREST LAKE By: Ben Winnick Its: Mayor Attest: ______________________________ Bailey Fencil Its: Deputy City Clerk Approved by the City Council of the City of Forest Lake day of , 2018. 6 CITY OF SCANDIA By: Christine Maefsky Its: Mayor Attest: ______________________________ Neil Soltis Its: City Administrator Approved by the City Council of the City of Scandia day of , 2018. 7 EXHIBIT A FIRE PROTECTION AREA MAP [The remainder of this page is intentionally left blank.] ForestLake Hugo Marine onSt. Croix MayTownship Scandia FarmingtonTwp. SomersetTwp. FranconiaChisagoCity Chisago LakeTownship JUDDSTB R O A D W AY S TLOFTON AVE N23 0T H ST N SAINTCROIXTRLNL A NGL YAVENO A K HIL L R D N P I L A R RD N170T H ST N OLDFIELD AVE N24 0T H ST N NORELLAVEN5TH STMANNING TRL N185TH ST N 182NDSTN L YNCH R D N228TH ST N 2 0 5 T H S T N 20 2ND ST N OL D G U S L A N D E R TR LNOXBORO AVE NMAXWILLAVEN209TH STNMEADOWBROOKAVENSCANDIA TRL N 188THST N OLDMARINETRLNKEATHERAVEN238TH ST N KEYSTONE AVE NMAY AVE N240T H ST N 185TH ST N 1 9 5 T H ST N 230TH ST N ORWELLAVEN150TH ST N 220TH ST N 180TH ST N OSTLUND TRL N 1 4 2 N D ST N SQUAREL AKETR L N 192ND ST N 236TH ST N KI RKAVEN199TH STN QUANT AVE NNASONHILLRDO S T R U M T R L N P A R RIS H R D NPARISAVENNOLAN AVE NORENRDN MO R R IS TRLNM A Y B E R R Y T R L N 154THSTN 1 7 7 TH ST N 218TH ST N POMROYAVENPAUL AVE NLAKAM A G A T R L N QUINNELLAVEN155T H ST NKEYSTONE AVE NKEYSTONEAVENOLDFIELDRDNOLINDA TRL NME L A N I E T RL N ORWE L L R D N 240TH ST N ForestLakeFD 1D ForestLakeFD 1F HugoFD 1A ScandiaFD 1B MN StCroixRiver 1 ScandiaFD 1D ScandiaFD 1E ScandiaFD 1F StillwaterFD 1A MN StCroixRiver 3 MarineFD 1 ScandiaFD 1A ScandiaFD 1C StillwaterFD 1B MarineFD 2 WI StCroixRiver 1 WI StCroixRiver 2 MN StCroixRiver 2 BONELAKE GOOSELAKE SYLVANLAKE HAYLAKE WHITEROCKLAKE MUD LAKE TURTLELAKE SQUARELAKE BIGMARINELAKE µ0 1.5 30.75 Miles Scandia Fire Department Response Area Created by Washington County IT - GIS. November 2017 Forest Lake Fire Department Forest Lake Fire Department Marine on St.Croix Fire Dept. Forest Lake Fire Department Hugo Fire Department Osceola Fire Department FOREST LAKE HUGO FOREST LAKESCANDIASCANDIA MAY TOWNSHIP FLF1A FLF1B FLF1C FLF1D FLF1E FLF1F SCF1E SCF1F19THSTSW12TH ST SWNORTHSHOREDRBROADWAY AVE W LE ESTSO UTH SHOR EDRLAKESTS11TH AVE SW 2ND AVE SW 7TH AVE NW 202ND ST N 1ST AVE SW 202ND ST N IDEN A VEN230T H STN 215TH STN ITASCAA V ENKEATHERAVEN210TH S TNNOR T H SHORETRLNBROADWAY AVE W HILOLNN 2 06THST N 2ND AVE NW 3RD AVE SW CENTENNIALDRSW11TH AVE SE LA N GLYA VE NMANNINGTRLNSCANDIA T R L N FORESTRDNENFIELDAV ENSC A N D I A T R L N LAKEBLVD N H ENNA AVE N 200TH ST N 210TH ST N 4TH ST SW15THSTSW220TH ST N220TH ST N FOREST BLVD NGEORGIAAVE N HAYWARDAVE N230TH ST N 230TH ST N 190TH ST N HEADWATERSPKW Y LAKESTNFORESTBLVDNFENWAY AVE NBA Y DRSE240TH ST N HARROWAVEN JASONAV E N 223RDS T N IVYWOODAVEN1ST ST SELAKE ST S2 07TH ST N35INT INGERSOLL AVE NKEYSTONE AVE N240T H STN JULY AVE N185TH ST NELSTONAVEKIRBYAVENIDEALAVEN 206TH ST NELMCRESTAVENJANEROAVENJ E W E L LNN 2 32ND ST N 9 7 S H W Y N 9 7 SHWY KI RKAVENI RVI NAVEN208THS T N239TH STN 202ND ST NGOODVIEW AVE NJEFFREYAVENEUREKAAVEN235TH ST N 21 9 TH S T N 180TH ST NFALCON AVE NJULY AVE NFORESTRDNSCANDIA TRL N ELMCREST AVE N195TH ST N 180TH ST N240TH ST N184TH ST N 180TH ST N 199TH S TN KELLER RD N 228TH ST N 192ND ST NJAMACA AVE NN O R T H SH O R E TRLN 190TH ST NIMPERIALAVEN240TH ST N 217 T H S T N JULEP T R L N I35RESTAREA RAMPLAKE BLVD N 200TH ST N IMPERIAL AVENFOREST RD N35 INTMAYBERRYTRLNHIGGINSLAKE FORESTLAKE TWINLAKE NIELSENLAKE CRANBERRYLAKE GERMANLAKE ELWELLLAKE MUDLAKE CLEARLAKE SHIELDSLAKE SYLVANLAKE WHITEROCKLAKE BIGMARINELAKEJODRELLSTNECAMP3RDNELAKE DR NEVASSARSTNE155TH AVE NE 181ST AVE NE XINGU ST NEPOTOMACSTNEPINE ST NEDNRRD 162 N D A VE NE HOWARDLAKEDRNE182NDLNNE P O O L9RDNE189TH AVE NE LEXINGTON AVE NEP O O L4RDNESOUTHRDNENOTRE DAME ST NE197T HAVENE 180TH AVE NE TUL A NESTNE1 9 0THL N N E JODRELL ST NEW Y O M I N G R D ZODIACSTNEVASSARSTN E 161ST AVE NE FURMANSTNEINTERSTATE 35LEXINGT ONAVENE178TH LN NE 177TH LN NE XINGU ST NELIT T L E COON LA K E RDLOYOLASTNE170TH AVE NE 172ND AVE NE 165TH AVE NE 147THAVENE 178TH AVE NE 191ST AVE NE 185TH AVE NE PO O L 3RDNEPOOL 15RDNE P O O L 9RDNE BROADWAY AVE NELARSONRDNE JULL IARDSTNEWESTFREEWAYDRNEINTERSTATE35EPOOL17THRDNEP OOL10 RD NE K E TTLE R IV E R B LVDNEWPOO L17TH R DN EPOOL16RDNE CROSSWAYSLAKEDR 145TH AVE NE ZURICHSTNEHORNSBYSTNEZODIAC ST NEINTERSTATE 35E167TH AVE NE 153RD AVE NEGAMEFARMRDNE INTERSTATE35EINTERSTATE35WFURMAN ST NEP O O L13RDN E 141ST AVE NE INTERSTATE 35WHEADQUARTERS RD NE Fire Response Area Created by the Washington County GIS Support Unit. July 2015.E01.5 30.75 Miles Forest Lake Lino Lakes Fire Department Hugo Fire Department Lino Lakes Fire Department Wyoming Fire Department Linwood Fire Dept. East Bethel Fire Dept. Wyoming Fire Dept. Hugo Fire Dept. Hugo Fire Dept. Scandia Fire Dept. Scandia Fire Dept. Hugo Fire Dept. Automatic Mutual Aid Response Map 18-05-30