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
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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.
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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.
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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.]
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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.
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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.
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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