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12. Resolution 5353 - Ladder Truck Transfer to Columbia FallsKALISE'�'ELL rIRE DtPARTMENT PO Box 1997 Daniel Diehl -- Assistant Chief/Operations 312 First Avenue East DC Haas — Assistant Chief/Prevention Kalispell, Montana 59901 Phone: (406) 758--7760 FAX: (406) 758-7952 DATE: April 6, 2009 TO: Mayor and City Council FROM: Myrt Webb, Interim City Manager Dan Diehl, Acting Fire Chief SUBJECT: Transfer Ladder Truck to Columbia Falls Fire BACKGROUND: Upon receiving our new ladder truck and placing it in service, the City placed the 1978 Seagraves Ladder Truck for sale. The truck was placed for sale on a free fire service Internet site with national distribution for nearly three months requesting bids. I received two calls from church cleaning companys in Iowa but received no bids. Normally, apparatus 30 years or older are not recommended to be placed in service by NFPA 1901 and believe this is the reason for the lack of interest. The maintenance of the truck has been a concern to KFD, costing the City since 2002 approximately $30,000 in parts not including labor. The City of Columbia Falls Fire Department is interested in the truck for a Mutual Agreement to respond with the ladder truck back to Kalispell if requested. I recommend this transfer with no compensation. MyjY ebb 6f Interim City Manager "Protecting our community with the highest level o f professionalism." r � r r SEAGRAVES LADDER TRUCK TO THE CITY OF r L AND TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF COLUMBIA FALLS, MONTANA. WHEREAS, the City of Kalispell owns a 1978 Seagraves Ladder Truck that has been in service for thirty years and has recently been replaced; and WHEREAS, the City of Kalispell Fire Department has made good and reasonable efforts to advertise the subject ladder truck for sale and no offers to purchase the equipment have been received; and WHEREAS, the City of Columbia Falls has the need for a fire truck meeting the description of the subject ladder true, but given the cost of maintaining the equipment is not willing to pay a cash purchase price for it; and WHEREAS, the City of Columbia Falls is willing to enter into a mutual aid agreement with the City of Kalispell, pursuant to MCA 7-33-4112, in which in consideration of receiving and maintaining the 1978 Seagraves Ladder True, it will agree to provide mutual aid to the City of Kalispell including the deployment of the subject equipment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALIS PELL AS FOLLOWS: SECTION I. The City Council of the City of Kalispell hereby conveys ownership of the 1978 Seagraves Ladder True to the City of Columbia Falls, Montana in exchange for the City of Columbia Falls entering into a Mutual Aid Agreement with the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR. OF THE CITY OF KALISPELL, THIS 6TH DAY OF APR.IL, 2009. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor THIS KALISPELL, KALISPELL) Municipal FIRE SERVICES MUTUAL AID AGREEMENT AGREEMENT, entered into as of the day of 2009, is by and between the CITY OF a Montana Municipal Corporation, (hereafter, and the CITY OF COLUMBIA FALLS, a Montana Corporation, (hereafter, COLUMBIA FALLS ). WHEREAS, KALISPELL provides emergency fire suppression services to the inhabitants of Kalispell, Montana and others in the immediate vicinity of the City of Kalispell through its Fire Department; and, WHEREAS, COLUMBIA FALLS provides emergency fire suppression services to inhabitants of Columbia Falls, Montana, in the vicinity of the City of Columbia Falls through its Fire Department; and, WHEREAS, it is to the mutual advantage and benefit of t- Ti A r� n -y- -i © c f- T-i a f- n a r* �-i r c ri A A -r c 1 1 r-% r� l c m p Yi f W � I f= i -v- a c -i -i � r- % -r ca c C l.r -L «L %W w C..i. 1 Lr -4. L .L 4i 4r tr L.L tr i .i %,A N t.J J_ I., L L L %� .L 4 L, %.A 1 .L.. � 1 N assistance to the other, in the event an emergency fire incident develops which goes beyond the ability of a single agency to adequately provide services for the protection of individuals and property in danger; and, WHEREAS, the parties have reached an agreement to provide supplemental assistance to the other in such emergency situations upon proper request, as authorized by M.C.A. §7-33--4112 (2007). NOW THEREFORE, in consideration of the obligations and responsibilities as set forth herein, the parties agree as follows: 1. In the event an emergency occurs which cannot be effectively or efficiently handled with the resources available to one of the parties to this agreement, upon proper request, and subject to availability of equipment and personnel, the parties agree to furnish to the other fire suppression personnel and equipment to the party requesting assistance. a. The extent of assistance to be furnished under this agreement shall be determined solely by the party furnishing assistance, and it is understood that the assistance furnished may be recalled at the sole discretion of the furnishing party. MUTUAL AID AGREEMENT Page 1 of 4 b. Details regarding how assistance shall be requested, the persons authorized to send and receive such requests, and the nature of the assistance provided will be established from time--to-time by correspondence or agreement between the parties. 2. The parties shall stand ready to assist the other with fire suppression services 24 hours per day, seven days per week, a. when the requesting party notifies the furnishing party that supplemental assistance is needed, the furnishing party shall stand ready to provide such service, provided however, that should a party be temporarily unable to provide assistance due to reasons beyond its control (including but not limited to unavailability of employees or vehicles or equipment f ai lures) , that party shall not 'if y the other "art-tr t-n i--Inat Af fAr,t- anA a11a 1 l nr-Nf- i fir 1-19= r-�t',cr T-AMI ±'' u i "" Y %.- %1 t.. aL y u U. % . I i u %� t.- %-4 A. L %-& �--O J6 JL" i s. i s L1 %-I A- i I s .. L L %. v %.. L 4 %.. i 1v u � �. Y when they are once again able to provide such assistance. b. Persistent and repeated failure to notify the other party of unavailability shall be deemed just cause for immediate cancellation of this agreement, subject to the notice provisions hereafter set forth in paragraph 5. C. In rendering mutual assistance, each party shall be responsible for providing its own personnel, equipment, materials, and supplies, except in the case of emergencies where it appears to the parties that the sharing or use of equipment furnished by the other party is necessary or proper. 3. While providing mutual aid., the furnishing party shall have the same obligations and authority to provide its services as it would while providing such services within its own jurisdiction. a. Each party shall be solely responsible for any property damage or maintenance problems occurring to personal property or equipment while at an assignment or from an assignment under the Agreement. MUTUAL AID AGREEMENT Page 2 of 4 b. No party shall be held liable to the other party for damages to or loss of equipment arising as a result of assistance rendered under the terms of this Agreement. 4. while providing assistance to the requesting party, the party rendering assistance shall not be considered for any purpose to be employees of the party to whom the assistance is being provided. All employment rights and compensation for work performed for either party to this agreement shall be the responsibility of the party employing such personnel. 5. This agreement shall remain in effect for a period, of time commencing upon the execution hereof, and terminating on , 20 provided however that this agreement may be renewed for the following year, 20 through 20 , unless terminated by either party upon ninety (90) days arivanrrP wri 1-t"Pn nr7fi i re of s7iclh i nt-Pntr t-n tArmi nAt-sz Anrl r..r I ► ---I - .. . war. a. w - w � ti - v i. I v� w - r. r. w I ti- I A. I L v L w rA- J. i i withdraw from this agreement. 6. If, while rendering assistance pursuant to this agreement, personal injury, death, or property damage or loss occurs outside the furnishing party's jurisdiction, the party rendering assistance and their contracted insurance carrier(s) shall be liable for any legally determined damages that shall pertain to the party rendering such assistance. a. Each party to this agreement shall carry sufficient insurance coverage to meet its obligations under this agreement, including but not limited to worker's compensation coverage, property damage coverage, bodily injury liability coverage, and general liability coverage in such amounts as required by state law and the Montana Municipal Insurance Authority. 7. Each party agrees it and its employees shall comply with all applicable state and. federal laws relating to the operation of fire suppression equipment and apparatus. a. The senior officer for the party requesting assistance shall be primarily responsible for MUTUAL AID AGREEMENT Page 3 of 4 coordinating the operation for which assistance is requested. b. Employees, apparatus and equipment made available by the responding party shall be under the immediate supervision of and shall be the immediate responsibility of the senior officer of the party rendering assistance. 8. Each party agrees to indemnify and hold the other party harmless from any claims, demands, actions, or liabilities whatsoever, for services provided by its agents or employees in connection with a response made under this agreement. 9. No separate legal entities are created by this agreement. 10. It shall not be necessary to create any board, r m i r -i C! +- r = +- e-% r r-1 - �" f- � f- I r +- e-� = Ay" 4 " ti c i-- cn r► +- In -7 cy -nr-r -i-- C.t L.4 L L L i. 1 i -L. ;7 L. J . C.i. 4. L! J,. `J .5.. L� A 1. L -L i. L. L! G:t L.L L L L L 1 3 r:7 L G L L. 11 .L r7 GL y .L r,-, G L L LG .L I L- . -MI .L Y conflict which arises in connection herewith shall be resolved by a joint meeting of the Chief of the City of Kalispell Fire Department and. the Chief of the Columbia Falls Fire Department. IN WITNESS WHEREOF, the CITY OF KALISPELL and the CITY OF COLUMBIA FALLS have, by these presents, caused this agreement to be executed by the following persons, under authority granted by the respective agencies. CITY OF KAL I S PELF.., CITY OF COLUMB IA FALLS Myrt Webb Interim City Manager Dan Diehl Acting KFD Fire Chief Fs��MRVa Theresa White City Clerk Chief Administrative officer CFFD Fire Chief .ATTEST: City Clerk MUTUAL AID AGREEMENT Page 4 of 4