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RES 2009-24 - 14603RESOLUTION NO. 2009 - 24 A RESOLUTION AUTHORIZING ADOPTION OF ANOKA COUNTY MUTUAL AID AGREEMENT WHEREAS, the City of Fridley Fire Department and other municipal and private fire departments within Anoka County rely on mutual aid when there are not sufficient personnel and /or equipment to control or extinguish a fire or to deal with an emergency situation; and WHEREAS, the Anoka County Fire Protection Council has written a mutual aid agreement, outlining conditions for fire departments located within Anoka County to provide or receive resources to each other; and Whereas, this mutual aid agreement, as shown in Exhibit 1, has been reviewed and approved by the Anoka County Attorney. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, that the City of Fridley hereby approves the Mutual Aid Agreement for the Use of Fire Department Personnel and Equipment between Municipalities in Anoka County and hereby authorizes the Mayor to execute said agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF JUNE 2009. SCOTT T. LUND, MAYOR ATTEST: DEBRA A. SKOGE19, CITY CLERK Resolution No. 2009 -24 Page 2 Exhibit 1 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 day of , 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: L 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. II. 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. Resolution No. 2009 -24 Page 3 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 for 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 for 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. Resolution No. 2009 -24 VIII. TERM Page 4 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. 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: CITY OF By: Its: Dated CITY OF By: Its: Dated: CITY OF By: Its: Dated: CITY OF By: Its: Dated: