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HomeMy WebLinkAboutVIII-03 Approve Mutual Aid Agreement with Prescott Area Fire and EMS AssociationCity of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov City Council Memorandum To: Mayor Fasbender & City Councilmembers From:John Townsend, Fire Chief Date:August 4th, 2025 Item:Mutual Aid Agreement for Firefighting Between the City of Hastings, and The Prescott Area Fire and EMS Association Council Action Requested: Enter into Mutual Aid Agreement for Firefighting Between the City of Hastings, and The Prescott Area Fire and EMS Association Background Information: This agreement authorizes the respective Fire departments to respond to and receive mutual aid with the Prescott Area Fire and EMS Association. Mutual aid is utilized during large extended emergency events, and/or when calls for service exceed response capabilities. Financial Impact:N/A Advisory Commission Discussion:N/A Council Committee Discussion:N/A Attachments:Mutual Aid Agreement for Firefighting Between the City of Hastings, and The Prescott Area Fire and EMS Association VIII-03 VIII-03 MUTUAL AID AGREEMENT FOR FIREFIGHTING BETWEEN THE CITY OF HASTINGS, MINNESOTA AND THE PRESCOTT AREA FIRE AND EMS ASSOCIATION THIS AGREEMENT (“Agreement”)is made by and between the City of Hastings,Minnesota (“Hastings”)and the Prescott Area Fire and EMS Association (the “Association”),hereafter collectively referred to as the “Parties,"for mutual assistance in firefighting. WHEREAS,Minnesota Statutes §471.59 and §12.27 provide that two or more governmental units may by Agreement jointly exercise any power common to the contracting parties as well as provide mutual aid;and WHEREAS,Wisconsin Statutes §60.23(1),§60.55,§62.13 and §66.0303 provides that a governmental Association may contract with municipalities of another state for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by statute, and specifically allows for agreements for firefighting between municipalities and governmental Associations of other states;and WHEREAS,Hastings and the Association employ firefighting personnel for the purpose of providing firefighting within their jurisdiction for the protection of their citizens;and WHEREAS,Hastings and the Association desire to have their firefighting services extend beyond their jurisdictions for the purpose of providing assistance in firefighting services or other requested situations;and NOW,THEREFORE,in consideration of the mutual promises and agreements contained herein and subject to the provisions of applicable Minnesota and Wisconsin Statutes,and all other applicable statutes,rules and regulations,Hastings and the Association agree as follows: Article I Requesting Assistance A.Hastings Fire Department shall direct its firefighting personnel to provide assistance to the Association in order to provide additional firefighting to the citizens of Prescott,Oak Grove, and Clifton Sections 23,24,25,26,34,35,36 in Township 27 North,Range 20 West,and part of Section 19 and Sections 30,31,32,33 in Township 27 North,Range 19 West, Wisconsin,as such assistance may be requested from time to time by the Association.Such assistance shall be provided by Hastings in a manner deemed appropriate by the Hastings Fire Chief or their designee based on the circumstances of the request. B.The Association shall direct its firefighting personnel to provide assistance to the Hastings Fire Department in order to provide additional firefighting services to the citizens of Hastings, Minnesota,as such assistance may be requested from time to time by Hastings.Such assistance shall be provided by the Association in a manner deemed appropriate by the Association’s Fire Chief or his/her designee based on the circumstances of the request. 1 VIII-03 Article II Prioritizing Assistance A.It is the express understanding of the Parties that the first priority of the firefighting personnel in both jurisdictions is to provide firefighting services within their respective jurisdiction.It is understood that the assistance contemplated in this Agreement shall be provided only if the firefighting personnel requested to provide assistance can provide such assistance without jeopardizing the firefighting services provided within their respective jurisdiction. B.If at any time while firefighting personnel of either Party are providing assistance to firefighting personnel of the other jurisdiction and it becomes apparent that the firefighting services of the Party whose personnel are providing assistance is jeopardized or the Fire Chief or their designee makes a request,such personnel may immediately terminate such assistance and return to their jurisdiction. C.This Agreement is intended to authorized requests for assistance only in emergency or other specifically requested situations.Nothing in this Agreement shall be construed as authorizing requests for assistance by one Party for routine activities. Article III Authority of Personnel A.Pursuant to the above referenced statutes,when firefighting personnel gives assistance to the other jurisdiction within the scope of this Agreement,the responding firefighting personnel’s actions shall be to the same extent as if the firefighting personnel has acted on behalf of the personnel’s employing agency.The senior firefighter,then on duty with the requesting agency,may assign personnel from the provider agency to any appropriate duties. B.It is understood and agreed that the firefighting personnel who respond to a request for assistance by the other jurisdiction shall follow the commands of the senior firefighter then on duty of the Party requesting assistance during the time such assistance is being provided. C.The senior firefighter then on duty of the requesting Party will designate the radio channel that will be used by firefighting personnel during the time in which assistance is provided. D.All firefighting personnel of each Party shall continue to be employed and directly supervised by the same fire department employer which currently employs the member providing assistance;and all services,duties,acts or omissions performed by the firefighting personnel will be within the course and duty of that employment. 2 VIII-03 Article IV Payment A.Except as specifically provided in this Agreement,neither Party shall be responsible for the payment of wages or other remuneration to the other Party or to the other Party’s firefighting personnel. B.Such firefighting personnel may from time to time,pursuant to this Agreement,provide firefighting services to the Party who is not the regular employer of such firefighting er personnel,unless the assistance continues for a period of more than twelve (12)hours.If assistance provided under this Agreement continues for more than twelve (12)hours,the responding party will submit to the requesting party an itemized bill for the actual cost of any assistance provided after the initial twelve (12)hour period,including salaries,overtime, materials and supplies and other necessary expenses.The requesting party will reimburse the Party providing assistance for the total amount,which shall be paid in the same manner as other claims made to the Party requesting the assistance.Any payments required by this Agreement are not contingent upon the availability of federal or state government funding. C.For assistance provided to a third party outside its jurisdiction,the Parties may charge a fee to the third party for such requested assistance reflecting the actual cost to the Party of such service. Article V Liability A.The Party requesting assistance under this Agreement agrees to defend and indemnify the firefighting personnel of the responding party against any claims brought or actions filed against the firefighting personnel 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 provision of assistance in responding to a request for assistance pursuant to this Agreement.The Party providing assistance shall not be responsible for any injuries,damages or losses arising from the acts or omissions of personnel of the Party requesting assistance and its officers, employees,agents,and assigns. B.Each Party shall be responsible for the injuries or death of its own personnel.Each Party will maintain workers’compensation insurance covering its own personnel while they are providing assistance pursuant to this Agreement.Each Party waives the right to bring a claim against any other Party for any workers’compensation benefits paid to its own employees or their dependents,even if the injuries were caused wholly or partially by the negligence of any other Party or its officers or employees. C.Each party shall be responsible for damages to or loss of its own equipment.Except for gross negligence,each Party waives the right to bring a claim against any other Party 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 Party or its officers or employees. 3 VIII-03 D.For purposes of determining total liability for damages pursuant to Minnesota Statutes § 471.59 and §12.27 (for activities in Minnesota)or pursuant to Wisconsin Statute §893.80 (for activities in Wisconsin),the Parties are considered a single governmental unit and the total liability of the Parties shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statute §466.04,subd.1 or Wisconsin Statute § 893.80.The intent of this Section is to impose on the requesting Party a duty to defend and indemnify a responding party for claims arising within the requesting party’s jurisdiction subject to the limits of liability under the applicable state statutes.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. E.No Party to this Agreement nor any firefighting personnel 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. F.Nothing in this Agreement is intended to prevent or hinder the pursuit of applicable state or federal benefits to personnel who respond or render assistance pursuant to a request for assistance and sustain injury or death in the course of,and arising out of,their employment and response or assistance under this Agreement. Article VI Term A.This Agreement shall commence upon the final approval of the governing body of Hastings and the Association and signatures of the officials with authority to bind the entity. B.Subject to Article VII,this Agreement shall remain in full force and effect for five (5)years, unless terminated earlier as provided herein.The term of this Agreement shall automatically renew for up to five (5)additional one (1)year periods unless notice of termination is given as provided in Article VII or either Party gives ninety (90)days’written notice prior to the end of the then current term that the Agreement will not be renewed. Article VII Termination During the term,if negotiation between the Parties over a disagreement or dispute has failed, this Agreement may be terminated by either Party upon ninety (90)days written notice to the other Party.Such notice shall be delivered to the Fire Chief or City Clerk for Hastings and the Fire Chief of the Association or City Clerk of the City of Prescott,Wisconsin.Termination shall not discharge any liability of the Parties prior to the effective date of termination. 4 VIII-03 Article IX General Provisions A.Amendment.Any amendment to this Agreement must be inwriting and will not be effective until it has been executed and approved by the same Parties who executed and approved the original Agreement,or their successors in office. B.Notices.Notices shall be deemed effective if delivered to the following: If to Hastings:City Administrator1014thStreetEast Hastings,MN 55033 Hastings Fire Chief 115 5th Street East Hastings,MN 55033 If to Association:City Administrator 800 Borner Street North Prescott,Wl 54021 Prescott Fire Chief 260 Flora Street Prescott,Wl 54021 C.Data Practices Act and Wisconsin Open Records Law.The Parties agree that for purposes of the Minnesota Government Data Practices Act,Minn.Stat.Ch.13 and Wisconsin Open Records Law,Wise.Stat.Ch.19,and all other statutes and provisions of law related to data practices,data management and records retention,each Party shall remain the exclusive responsible authority for its own data management,for responses to data requests and for all aspects of records retention for any and all data that is collected,created,received,maintained or disseminated by the Party as a result of any activity arising out of this Agreement. D.General Compliance.Both Parties agree to comply with all applicable federal,state and local laws and regulations governing any services provided under this Agreement. E.Non-Discrimination.Both Parties agree to comply with the provisions of all applicable federal and state statutes and regulations pertaining to civil rights and nondiscrimination including, without limitation,Minnesota Statutes §181.59 and Chapter 363A. F.Severability.Should a court of competent jurisdiction rule any portion,section or subsection of this Agreement invalid or nullified,that fact shall not affect or invalidate any other portion, section or subsection;and all remaining portions,sections or subsections shall remain in full force and effect. G.Assignment.This Agreement is not assignable without the mutual written agreement of the Parties. 5 VIII-03 H.Entire Agreement.This Agreement constitutes the entire agreement of the Parties and supersedes all prior communications,understandings and agreements relating to the subject matter hereof,whether oral or written.It is agreed that any prior agreements between the Parties covering the same subject matter is hereby terminated. [The remainder of this page is intentionally left blank] 6 VIII-03 IN WITNESS WHEREOF,the parties,on behalf of their respective political subdivisions,have executed this Agreement on this date. CITY OF HASTINGS,MINNESOTA Date: Mary Fasbender,Mayor Date: Kelly Murtaugh,City Clerk 7 VIII-03 CITY OF PRESCOTT FIRE CHIEF PRESCOTT AREA FIRE AND EMS ASSOCIATION By,its Chairperson Date: 8