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HomeMy WebLinkAbout94-20 - ADMIN Resolution - City Council - 1994/02/22JOP JOINT POWERS AGREEMENT BETWEEN THE CITIES OF ST. LOUIS PARK, GOLDEN VALLEY AND HOPKINS TO PROVIDE FIRST ALARM FIRE RESPONSE RES 94-20 IPWHEREAS, the Cities of St. Louis Park, Golden Valley and Hopkins provide fire protection services within their respective jurisdictional boundaries; WHEREAS, the Cities of St. Louis Park, Golden Valley and Hopkins desire to maximize the level of fire protection services provided within their respective jurisdictions; WHEREAS, the Cities of St. Louis Park, Golden Valley and Hopkins are members of the Southwest Mutual Aid Agreement, a Joint Powers Agreement which provides equipment, personnel and facilities to the participating jurisdictions upon request; WHEREAS, the Cities of St. Louis Park, Golden Valley and Hopkins have the authority, pursuant to Minnesota Statutes Section 471.59 to enter into agreements for the joint and cooperative exercise of common powers, including those which are the same except for the territorial limits within which they may be exercised; 1 WHEREAS, the cities of St. Louis Park, Golden Valley and Hopkins desire to enter into an agreement to provide automatic first -alarm response to structure fires within the three jurisdictions; and WHEREAS, the Cities of St. Louis Park, Golden Valley and Hopkins find it is in their common interest and benefit and the interest and benefit of their citizens to enter into an agreement, one with the other, concerning automatic first -alarm response to structure fires within their respective jurisdictions; NOW THEREFORE BE IT RESOLVED, that the Cities of St. Louis Park, Golden Valley and Hopkins hereby, by act of their City Councils, enter into a Joint Powers Agreement for automatic first -alarm response to structure fires as provided herein: I. Purpose This Agreement is entered into pursuant to the authority set forth in Minnesota Statutes Section 471.59 which provides authority for St. Louis Park, Golden Valley and Hopkins to enter in joint and cooperative agreements to provide services which each are common to each. The purpose of this Agreement is to allow and define a procedure for the Cities of St. Louis Park, Golden Valley and Hopkins to provide automatic first -alarm response for structure fires within one another's jurisdictional boundaries. 111) eara 30C( Page 2. II. Procedure St. Lcuis Park, Golden Valley and Hopkins will provide to one another an engine company to respond on a first -alarm basis to structure fires. St. Louis Park, Golden Valley and Hopkins engine companies will provide first -alarm structure response as provided herein: A. St. Louis Park automatic response to Hopkins Entire City, Monday through Friday, exclusive of holidays, 0800-1600 hours. B. Hopkins automatic response to St. Louis Park 1600 hours to 0800 hours, Saturday, Sunday, and holidays, 24-hour response. St. Louis Park, south of Minnetonka Boulevard C. St. Louis Park to Golden Valley 0800 hours to 1600 hours, Monday - Friday, exclusive of holidays, entire city of Golden Valley. D. Golden Valley to St. Louis Park 1600 hours to 0800 hours, Saturdays, Sundays, and holidays, 24-hour response. East -west boundaries of St. Louis Park south to Minnetonka Boulevard. III. Operating Committee St. Louis Park, Golden Valley and Hopkins shall establish an operating committee to implement and administer the policies and services set forth in this Agreement. A. The operating committee shall comprise the Chief of the St. Louis Park, Golden Valley and Hopkins Fire Departments or their designee. B. The operating committee shall implement and monitor this agreement and may make adjustments to response times and response areas as may be required. IV. Reciprocal Defense and Indemnification St. Louis Park, Golden Valley and Hopkins agree to indemnify and defend one another against any claims brought or actions filed against one of the participants to this Agreement or any officers, employees, or volunteer thereof for injury or death to any third person or persons, or damage to the property of third persons, arising out of the performance of services under this Agreement. Page 3. The intent of the indemnification requirement is to impose on St. Louis Park, Golden Valley and Hopkins a limited duty to defend and indemnify one another for claims arising within their respective territorial limits when an engine company from St. Louis Park, Golden Valley or Hopkins responds to a structure fire under the terms of this Agreement. The duty to indemnify and defend under this Agreement shall - rest with the City where the incident giving rise to the duty to indemnify and defend occurs. The duty to defend and indemnify under this Agreement is subject to the liability limits under Chapter 466, Minnesota Statutes. The purpose of creating these reciprocal duties to defend and indemnify is to simplify the defense of liability 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. Under no circumstances, however, shall St. Louis Park, Golden Valley or Hopkins be required to pay, on behalf of itself and another participant to this Agreement, any amounts in excess of the liability limits established in Chapter 466, Minnesota Statutes, applicable to only one Party. The limits of liability for St. Louis Park, Golden Valley and Hopkins may not be added together to increase the maximum statutory liability limits for any Party. St. Louis Park, Golden Valley and Hopkins shall each satisfy themselves that they have adequate insurance to cover any claims brought under this Agreement and that the activities and responsibilities set forth herein are covered under the provisions of their respective insurance policies. To the extent the activities and -responsibilities set forth herein are not currently covered, each City shall obtain appropriate insurance coverage. V. Termination Any City which is a signatory to this Agreement may terminate its participation by providing sixty days written notice to the other participants. Notwithstanding the withdrawal of one participant, this Agreement shall remain in effect as to the remaining Cities, unless one or both provide written notice of termination in the manner set forth above. I se 1st so Page 4. VI. Authorization and Effective Date of Agreement This Agreement shall require authorization by the City Councils of St. Louis Park, Golden Valley and Hopkins and shall be effective upon execution by all three Cities. Now, therefore, be it enacted by the City Council of St. Louis Park this 22nd day of February , 1994, that the City Manager is hereby authorized to execute a joint powers agreement, in substantially the form set forth herein, with the Cities of Golden Valley and Hopkins, for automatic first -alarm response to structure fires. Adopted by the City Council Februa y Attest: Reviewed for Administration: Approved as to form and execution: tilLifeet C(tyAttorney Y