This agreement, made this ___________ day of ____________________, 199_ or 200_, by and between ____________________________, municipal corporations organized under the laws of the State of Minnesota,
WHEREEAS, the parties hereto are municipal corporations of the State of Minnesota and operate fire departments; and,
WHEREAS, the parties hereto believe that the establishment of a procedure whereby a party, or parties, to this agreement may provide to another party, in the event of a fire or emergency, personnel or equipment, would be of great benefit to the public health, safety, and welfare of their citizens; and,
WHEREAS, Minn. Stat. Sec. 12.27, Sec. 438.08, and Sec. 471.59 provide that parties hereto may enter into an agreement to provide mutual assistance to one another in the case of a fire, emergency, natural disaster, or any other comparable type occurrence rendering such mutual assistance necessary and desirable, hereinafter called "emergency" notwithstanding that the rendering of such assistance may require personnel and equipment to be dispatched and utilized outside of a party's municipal limits pursuant to Subdivision 10, Sec. 471.59.
NOW THEREFORE, IT IS AGREED between the parties hereto as follows:
- If one or more "emergencies" occur within the area of responsibility of a fire department of any of the parties hereto, and the fire fighting equipment or personnel of said department is, in the judgment of its chief, or officer in charge, insufficient to stabilize and bring such conditions under control, and "emergency condition" shall exist for the purpose of this agreement.
- If an "emergency condition" exists, the person who is entitled to make such determination may request the fire department of one or more of the parties hereto for assistance. If desired, such assistance may consist of dispatch of personnel and equipment to a designated location; or for fire station "backup" of the soliciting department, to respond if required to any other "emergency condition" in that jurisdiction. It is the intent of the parties hereto to cooperate in the event of an "emergency condition" by making necessary disaster response equipment and personnel available from the nearest member department having response capability during such an "emergency condition" to rearrange emergency response equipment of all the parties available for use in the event another emergency shall occur.
- Upon receipt of a call for assistance the responding member department will, subject to any limitation set forth in paragraph (4) herein, promptly dispatch at least one appropriate emergency unit with the usual number of personnel performing those functions directed by the soliciting member.
- The mutual obligations of the parties hereto to render assistance to one another under this agreement shall be subject to the following limitations and conditions:
- Road and weather conditions must be such that an emergency run can be made with reasonable safety to personnel and equipment. The decision of the chief, or other designated officer, in charge of the responding department shall be conclusive in such matter.
- The responding department will not unreasonably jeopardize its response capabilities within its own jurisdiction by the dispatch of equipment and personnel.
- The responding department may, for any reason at any time, terminate assistance at any given emergency.
- The officer in charge of the responding department shall have the sole responsibility and discretion to determine the level of assistance to be provided to the soliciting member.
- In event of emergency calls from two or more member departments, priority shall be given to the calls in order received.
- Personnel and equipment of the responding department will, upon arrival at the designated location, be under the command of the soliciting department's fire chief, or other department officer in charge, during the period assistance is being rendered pursuant to this agreement.
- No charge shall be made by any responding department for assistance rendered to a soliciting department under this agreement, but the soliciting department shall supply meals to the responding department, as necessary, and the soliciting department will replace any special use materials that were supplied by the responding department.
- Under this agreement all parties shall be held harmless for destruction of, or damage, to the fire fighting equipment of a member department.
- The member departments shall be responsible for damage to wear and tear upon their own apparatus, at all times.
- There shall be no legal liability, whatsoever, for failure of any member department to respond to a call for assistance pursuant to this agreement.
- Insurance. Each member department shall maintain insurance policies providing:
- Worker's Compensation. Each member department shall carry its own broadened standard worker's compensation insurance protection to cover its own response functions while performing duties outside its jurisdiction pursuant to this agreement. A soliciting department's worker's compensation policy shall not cover responding department personnel.
- Liability Insurance. Each member department shall provide its own liability insurance affording coverage at a minimum of $300,000 property damage liability and $600,000 personal injury liability, while performing response functions, outside its jurisdiction, pursuant to this agreement.
- The governing body of each member department shall appoint its representative to serve as a member of the GOODHUE COUNTY MUTUAL AID ASSOCIATION, which is hereby established to administer, and to further the purpose of this agreement. Each representative shall have one vote in the Association, which maybe exercised in person, or by written proxy.
- Any member department may withdraw from any obligations imposed herein by giving all other member department 30 days written notice of its intent to do so. For purposes of this paragraph, written notice shall be deemed delivered three days following the sending of said notice, first class mail with postage prepaid, to the following name and address of each member department:
- A copy of this agreement shall be posted at each member department's headquarters.
- Unless otherwise terminated by any of the parties hereto of pursuant to paragraph (12), this agreement and the obligations imposed hereunder shall be deemed continuing.