HomeMy WebLinkAboutContract 221422'! 4
MUTUAL AID AGREEMENT
FOR THE USE OF FIRE DEPARTMENT PERSONNEL AND EQUIPMENT
BETWEEN MUNICIPALITIES IN ANOKA COUNTY
THIS AGREEMENT is made and entered into this 22nd day of June, 2009, by and between the
municipalities that have adopted a resolution as provided for in Section IX herein and have
become signatories to this agreement or counterparts to this agreement.
WHEREAS, the municipalities that have entered into this agreement desire to make available to
each other its respective fire service equipment and personnel to assist other parties to this
agreement when it has been determined that a municipality does not have sufficient personnel
and/or equipment to control or extinguish a fire or to deal with an emergency situation.
THEREFORE, it is mutually stipulated and agreed to as follows:
1. PARTIES TO AGREEMENT
Any municipality within Anoka County with a fire department or that contracts with a private fire
department is eligible to be a party to this agreement by adopting a resolution as provided for in
Section IX herein and becoming a signatory to this agreement. A municipality or private fire
department that becomes a party to this agreement is hereinafter referred to as municipality or
collectively municipalities.
11. PURPOSE
Subject to the terms and conditions contained herein, the municipalities have agreed to provide
mutual aid to each other in cases where the designated official has determined that the
municipality has insufficient personnel and/or equipment to control or extinguish a fire or fires or
to deal with an emergency situation.
III. DESIGNATED OFFICIAL
Pursuant to Minn. Stat. 12.27, subd. 3, the undersigned municipality hereby designates its fire
chief, or designee of the fire chief, as the officer who may dispatch equipment and personnel as
considered necessary to deal with fire, hazard, casualty or other similar occurrence outside the
municipality and by its suddenness would be impractical for the governing body itself to
authorize the dispatch.
IV. METHOD
a. If in the judgment of the designated official the municipality has insufficient fire
personnel and/or equipment to deal with a fire, hazard, casualty or other similar occurrence, an
emergency shall exist for the purpose of this agreement, and the designated official may call
upon the fire department of any party to this agreement for assistance.
b. Upon receipt of a call for assistance, the responding designated officer shall
promptly dispatch at least one fire service apparatus with the usual number of personnel to
assist with the emergency or to render stand-by service as the case may be; provided however,
that no municipality shall be obligated to send its fire service equipment or personnel beyond its
boundaries if, in the judgment of the municipality's designated officer, to do so would leave the
municipality without sufficient fire service equipment or personnel available within its limits for
service of any fire which might subsequently arise. In extreme emergencies, the municipalities
agree to make every effort to redistribute fire service equipment and personnel so that it may be
available far any additional needs which might arise during the emergency.
c. The personnel and any fire or service equipment dispatched in response to the
emergency shall upon arrival at the scene be under command of the officer in charge at the
scene within whose boundaries the emergency is situated.
V. INSURANCE
Each of the municipalities that are a party to this agreement shall maintain insurance policies
covering their own equipment and personnel while engaged in furnishing services under this
agreement.
VI. PERSONNEL
All personnel responding to an emergency under this agreement shall for all purposes remain and
be considered employees of the municipality where they serve and shall not be considered
employees of the municipality requesting emergency service.
VII. LIABILITY
No municipality, nor any officer or employee of such municipality, shall be liable to any other
municipality or to any other person on account of the failure of the municipality to furnish its fire
service equipment or personnel in response to an emergency.
No liability shall be incurred by a municipality that has summoned assistance under this
agreement for damage to, or destruction of fire service equipment of a municipality rendering
such assistance unless such damage or destruction was caused by the negligent or malicious
conduct of an officer or employee of the municipality that called far the emergency assistance.
The receiving municipality may, but is not required to, reimburse the responding municipality for
equipment and supplies used and compensation paid to personnel furnished during the time
when the rendition of assistance prevents them from performing their duties in the responding
municipality, and for the actual travel and maintenance expenses of the personnel while so
engaged. A claim for loss, damage or expense in using equipment or supplies or for additional
expenses incurred in operating or maintaining them must not be allowed unless, within 90 days
after the loss, damage or expense is sustained or incurred, an itemized notice of it, verified by
the designated official, is filed with the designated official of the receiving municipality.
VIII. TERM
This agreement shall commence upon the approval and execution of the agreement by two or
more municipalities as provided herein. Any municipality may withdraw from this agreement by
giving thirty days' written notice thereof to the other municipalities that are then a party to this
agreement. This agreement shall continue until such time as there is only one municipality
remaining to the agreement, or upon mutual agreement of all municipalities then being a party to
this agreement.
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IX. APPROVAL. AND EXECUTION
To become a party to this agreement a municipality shall adopt a resolution authorizing the
municipality to respond to emergencies outside its limits, and have its governing body approve
this agreement and the appropriate authorized officials from the municipality execute the
agreement.
X. ENTIRE AGREEMENT REQUIREMENT OF WRITING
It is understood and agreed that the entire agreement of the parties is contained herein and that
this agreement supersedes all oral agreements and all negotiations between the parties relating
to the subject matter thereof, as well as any previous agreement presently in effect between the
parties to the subject matter thereof. Any alterations, variations, or modifications of the
provisions of this agreement shall be valid only when they have been reduced to writing and duly
signed by the parties.
XI. COUNTERPARTS
This agreement may be executed in counterparts by any municipality desiring to be obligated by
the terms and conditions contained herein.
IN WITNESS WHEREOF, the municipality has executed this agreement and set their hands on
the date(s) written below:
Dated: JUNE 22 2009
Dated: JUNE 22 2009
CITY OF
CITY OF
ey: By:
Its: Its:
Dated:
Dated:
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