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HomeMy WebLinkAboutItem 06.hJune 11, 2012 B Item No. APPROVAL OF JOINT POWERS AGREEMENT ESTABLISHING MINNESOTA STRUCTUAL COLLAPSE /TECHNICAL RESCUE TASK FORCE ORGANIZATION ( MINNESTOA TASK FORCE ONE) Proposed Action Staff recommends adoption of the following motion: Move to approve resolution approving the Joint Powers Agreement establishing Minnesota Structural /Technical Rescue Task Force Organization. Passage of this motion will provide for current and future eligible members to participate in the planning, training and funding that will be available through the Task Force. In addition, the formation of the Task Force also provides for liability and workers' compensation coverage if members of the Task Force are activated as a Specialized Emergency Response Team under MN Stat. Sec. 12.351 during an emergency. Overview City of Lakeville as a member of the Dakota County Domestic Preparedness Committee ( DCDPC) that oversees the Dakota County Special Operations Team (DK SOT) and is in a current Joint Powers Agreement (JPA) cannot enter into another JPA. Thus is the reason that each member city and the county of the DCDPC are forming this JPA to secure liability protection, training, and funding for the DK SOT into the future. Primary Issues to Consider It was determined that the best approach was to have the County enter into the Task Force joint powers agreement as a member of the governing board and to have each of the member cities of the DCDPC become signatories to the Task Force as participating government units. This approach avoids legal issues of one joint powers entity entering into an agreement to form a new joint powers entity. Supporting Information A copy of the Joint Powers Agreement establishing Minnesota Structural /Technical Rescue Task Force Organization. MN Task Force 1JPA Background Info Michael Meyer, Fire Chief Financial Impact: $ Budgeted: Source: Related Documents (CIP, ERP, etc.): Notes: PURPOSE /ACTION REQUESTED Authorization to execute a joint powers agreement establishing the Minnesota Structural Collapse /Technical Rescue Task Force Organization. The Dakota County Special Operations Team ( DCSOT) is one of five regional teams partially funded by the State to support structural collapse and technical rescue capabilities within Minnesota under the umbrella of Minnesota Task Force 1 (Task Force). The DCSOT is one of the primary first responder activities coordinated under the joint powers entity of the Dakota County Domestic Preparedness Committee ( DCDPC). The DCSOT (36 people) is comprised of members from the County and 11 cities with members from fire, law enforcement and emergency medical services agencies. The team has responded to incidents involving hazardous materials, technical rescues and collapsed structures at locations throughout the County. The jurisdictions from the five regional teams (Minneapolis, St. Paul, Edina, Dakota County and Rochester), that identified and sponsored by the State, have discussed the potential for forming a joint powers entity for several years to coordinate planning, training and funding for the Task Force. In addition, the formation of the Task Force also provides for liability and workers' compensation coverage if members of the Task Force are activated as a Specialized Emergency Response Team under MN Stat. Sec. 12.351 during an emergency. Staff reviewed various options for including the members of the DCSOT on the Task Force with the County Attorney's Office. It was determined that the best approach was to have the County entered into the Task Force joint powers agreement as a member of the governing board and to have each of the memher cities of the DCDPC become signat to the Task Force as participating government units. This approach avoids legal issues of one joint powers entity entering into an agreement to form a new joint powers entity. Each city that is a member of the DCDPC is being encouraged to join the Task Force joint powers agreement to provide for their current and future eligible members to participate in the planning, training and funding that will be available through the Task Force. Staff is recommending that the Dakota County Board of Commissioners appoint Dakota County Risk and Homeland Security Manager, B.J. Battig, and the DCSOT Team Manager, Mike Pott to the Dakota County director positions of the Task Force. EXPLANATION OF FISCAL /FTE IMPACT The Task Force is wholly funded through grant funds available to one or more of the participants. Participants are not obligated under the agreement to fund the Task Force in any other fashion without an amendment to the agreement. The Task Force has historically received funding through the US Department of Homeland Security Grant Program through the State of Minnesota. This funding was used for the initial establishment of the sponsoring agencies teams and to support on -going training and equipment needs. The significant reductions in the Federal Homeland Security Grant Program in 2011 and 2012 have resulted in no new funds being allocated to the Task Force sponsoring agencies at this time. The Task Force Program Management Group has been working with the State of Minnesota to request a more stable funding stream through the State Fire Safety Account. The State is pursuing funding through the legislative budget process for both the Task Force and the Hazardous Materials Response Teams through this revenue source. Minnesota Task Force 1 Background Information The following information is intended to provide a brief history of, the elements contributing to the need for a joint powers agreement, and the progress and potential outcomes. Program History In 2002, planning was undertaken by the State of Minnesota Department of Public Safety to address the structural collapse rescue response gap identified by the State Homeland Security Capability Risk Assessment. At the end of 2002, a federal grant application was made and awarded to begin training and purchasing of equipment to supply a structural collapse response effort for the State of Minnesota. Through a series of planning meetings and an application process, five entities were identified to host a structural collapse team to respond to structural collapses and other technical rescues. Minneapolis Fire, St. Paul Fire, Edina Fire, Rochester Fire, and the Dakota County Domestic Preparedness Committee (DCSOT) were identified as the sponsoring agencies that would develop an equipment cache and roster trained personnel able to respond in the event of structural collapses and other technical rescues. In addition to these five sponsoring agencies, personnel from several surrounding jurisdictions were included in the training and counted as part of the team; in large part to satisfy federal grant requirements that grant expenditures and funded programs be regional and inclusive in nature, and to also ensure the personnel depth necessary to undertake a sustained structural collapse response effort. These participating personnel are currently from Metropolitan Airport Commission Fire, Richfield Fire, Bloomington Fire, Coon Rapids Fire, Fridley Fire, St. Louis Park Fire, Minnetonka Fire, Anoka /Champlin Fire, Hopkins Fire, Mankato Fire, North Memorial and Hennepin County Medical Center. Organizational Needs The Task Force is currently being managed by a program management group, which is comprised of a representative from each of the five sponsoring organizations and a representative from MN Homeland Security and Emergency Management. The program management group meets informally each month to coordinate the activities of the five individual teams, since no overarching entity has been established for the Task Force at this time. The Task Force Program Management Group (PMG) has identified several deficiencies needing to be addressed in order for the program to be fully functional. The program is currently able to support a response, but not without both operational and administrative limitations. The issue that the PMG has identified as their highest priority at this time is deficiencies to secure the resources of structural engineers, physicians and heavy equipment operators due to concerns regarding workers' compensation and liability coverage. The workers' compensation and liability issues are central to being able to address these prioritized deficiencies. In each category, Structural Engineers, Operating Engineers, and Physicians, there are no assets available to the sponsoring agencies from within their organizations to fulfill these needs. During discussions with outside resources, in an effort to identify possible solutions for the program needs, the workers' compensation and liability issues are paramount. The existing ER doctors that are participating in the program are doing so through their sponsoring agencies (Hennepin County Medical Center) and their ability to provide medical direction outside of their primary service area may be limited. The heavy equipment operators, to some degree, may be available within some of the cities, but their involvement would require an additional commitment from those communities for both personnel and equipment. The availability for structural engineers with the appropriate credentials for working with damaged and collapsed structures during emergency response operations is very limited. To this point, the Task Force has not been able to identify any appropriate engineers from within the sponsoring agencies' organizations. The access to these resources is also an issue faced by 2 the DCSOT. Participation in the Task Force would afford the DCSOT the ability to draw in the resources of the Task Force as local resources are exhausted or the situation exceeds the capabilities of the DCSOT by requesting the assistance of the Task Force through the State Duty Officer. The participating departments have recognized the liability issues involved when responding to a jurisdiction that simply turns over an emergency scene to them. The response requirements and decisions that are made on a technical rescue scene many times are outside of the technical capabilities, experience, or knowledge level of the local entity with the emergency. The ability for each of the participating agencies to be involved with providing an effective statewide response will be dependent upon the resolution of the liability issues. Currently, each participating agency in the Task Force assumes the workers' compensation and liability for any deployment within the State. This is the same case for the DCSOT where the member agencies assume the workers' compensation and liability for any deployment within Dakota County and for approved requests for assistance to jurisdictions that are not DCDPC members. This is not the case for EMAC (Emergency Management Assistance Compact) deployments, which occur outside of the State; all EMAC deploying team members are considered employees of and covered by the State once the written agreements are completed and signed. JPA Process History In 2009, the State passed legislation that allows the Director of Homeland Security and Emergency Management to determine what qualifies as a State Team and when to activate a State Team. Specialized ememency response team. "Specialized emergency response team" means a team that has been approved by the state director of the Division of Homeland Security and Emergency Management for the purpose of supplementing state or local resources for responding to an emergency or disaster. interest. If so; the state director may activate a team. When activated by the state director, team members not employed by any political subdivision struck by the emergency or disaster are deemed employees of the state for purposes of workers' compensation and tort claim defense and indemnification. The provisions of chapter 176 and other applicable statutes must be followed for purposes of calculating workers' compensation benefits. In discussions with Director Kris Eide of HSEM and a representative of the State Attorney General's Office, it is their determination that the State would need to enter into a memorandum of understanding or memorandum of agreement with a single entity for the purposes of a team deployment where the State was accepting the workers' compensation and legal liability for the response. This would allow for coverage for all of the Task Force governing board member agency's and participating agency's personnel, as well as the non - public safety team members that have been identified as needed resources to meet the team's response capabilities. Along with the State's request to interact with a single entity, this would also facilitate the ability for a requesting Incident Commander to enter into a delegation of authority or a MOU with a single entity to accomplish the response; something not likely with multiple, individual agencies responding. The liability issues with multiple agencies responding as part of the Task Force are most efficiently managed by operating as one entity for the purpose of the response. By responding as one entity, it limits the liability to the tort limits of one entity, in this case the Minnesota Task Force One Joint Powers Agreement. If multiple entities respond without a joint powers agreement in place, it is possible that the tort liability limits could apply to each agency that responded. The Task Force is considered a statewide asset and the grants and funding efforts have reflected that purpose. Due to the mission of the Task Force and the statewide nature of the response capability, a mutual aid agreement between the participating agencies does not address several issues and only provides for mutual aid between the participating agencies. A mutual aid agreement does not address the joint liability issue, the delegation of authority or memorandum of understanding at a scene, the single entity for entering into a contract with the State (due to the diversity of the team), or the management and direction of the team as a whole. Progress and Outcomes While the initial efforts of the Task Force Program Management Group have been mainly focused on building, training, and equipping the team, the group has identified that long -term leadership, program management, and liability issues also need solutions. With the diversity of the membership required to have an effective response, the formation of a new joint powers entity is the clearest way to accomplish this within the current State system. This has been a difficult process to navigate, as the League of Minnesota Cities Insurance Trust (LMCIT) requires an executed JPA prior to issuing insurance coverage and most governmental agencies do not want to enter into a JPA without coverage already in place. The Task Force Program Management Group undertook a process to develop and review a joint powers agreement. The groi p than piurs ied JPA insurance thr ^ugh the LMCIT. After an extensive review of the JPA by the LMCIT attorneys and insurance council, they offered a few changes to the document. Once these changes were incorporated into the Minnesota Task Force One Joint Powers Agreement document, insurance coverage was obtained and is in force today. Two of five initial sponsoring agencies have already signed the JPA (Minneapolis and Edina). The remaining sponsoring agencies are currently reviewing the document within their own organizations for potential execution of the JPA in the near future. Future Impacts There are several potential impacts to the viability of the DCSOT if the proposed Task Force JPA is not approved. One impact is financial. MN HSEM has indicated that the Task Force will be the primary organization funded to maintain the structural collapse and technical rescue capability for the state. HSEM has provided over several hundred thousand dollars of support to establish this capability to the DCSOT since the program's inception and the future of this funding will be in jeopardy if the DCSOT is longer a recognized member of the Task Force. A second impact is the limitation to transfer any liabilities for deployments that might occur outside of the jurisdictions of the DCDPC if the DCSOT is not able to participate as a member of the Task Force and in turn be deployed as a specialized emergency response team of the State. A final impact would be limitations on resources and expertise to respond to a large event in Dakota County if Task Force resources could not be called upon to supplement the capabilities of the DCSOT. CITY OF LAKEVILLE RESOLUTION N JOINT POWERS AGREEMENT ESTABLISHING MINNESOTA STRUCTURAL COLLAPSE /TECHNICAL RESCUE TASK FORCE ORGANIZATION WHEREAS, the City of Lakeville desires to improve preparedness efforts and to assist other local agencies to be better prepared for any potential disasters and emergencies in Dakota County; and WHEREAS, the City of Lakeville is a member of the Dakota County Domestic Preparedness Committee joint powers entity that supports the Dakota County Special Operations Team, which provides response capabilities in the event of structural collapses and other technical rescues in Dakota County; and WHEREAS, the Dakota County Special Operations Team is one of five teams identified by the State of Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management (HSEM) to host a structural collapse team to respond to structural collapses and other technical rescues along with the Cities of Minneapolis, St. Paul, Edina and Rochester and partially supported by HSEM to develop an equipment cache and roster trained personnel able to respond in the event of structural collapses and other technical rescues; and WHEREAS, HSEM would like to formalize the Minnesota Structural Collapse /Technical Rescue Task Force Organization (Task Force) in order to streamline funding, ensure better coordination of training and equipment purchases and to enable the State to designate the members of the Task Force as a Specialized Emergency Response Team under MN Stat. Sec. 12.351 to provide liability and workers' compensation coverage during a State activation; and WHEREAS, the City of Lakeville is eligible to join the Task Force as a participating governmental unit and to roster eligible staff as members of the Task Force, NOW, THEREFORE, BE IT RESOLVED that the City of Lakeville hereby approves and authorizes the Mayor and City Clerk to execute the Minnesota Structural Collapse /Technical Rescue Task Force Organization Joint Powers Agreement. DATED this 18th day of June, 2012. CITY OF LAKEVILLE Mark Bellows, Mayor ATTEST: Charlene Friedges, City Clerk Joint Powers Agreement Establishing the Minnesota Structural Collapse /Technical Rescue Task Force Organization (Minnesota Task Force One) This agreement is made pursuant to the authority conferred upon the participants by Minnesota Statute 471.59. The participants to this agreement are all "governmental units" as defined by Minnesota Statute 471.59, Subdivision 1. 0 General Purpose. The purpose of this Joint Powers Agreement is to establish the Minnesota Structural Collapse/Technical Rescue Task Force Organization, which shall be governed by a Board of Directors, for the purpose of establishing, training, equipping, maintaining and deploying Minnesota Task Force One to incidents inside and outside the State of Minnesota as may be requested by a local agency or other unit of government. 2.0 Definitions. In addition to the standard definitions found in the National Incident Management System (2008), the following definitions apply to this document. 2.1 "Minnesota Structural Collapse/Technical Rescue Task Force Organization" — The group of all Team Members, governed by the Board, who may be available to be rostered or activated to provide response to incident activities pursuant to this Agreement. 2.2 "Minnesota Structural Collapse/Technical Rescue Task Force " (MN TF -1) —A group of Team Members, designated by the Board, who are rostered for deployment or are deployed to support incident activities pursuant to this Agreement. 2.3 "Team Member' — A trained and qualified person, as designated and approved by the Board, who is employed by, contracted to, or volunteering with a Participant, who is or may be available to be activated to support incident response activities pursuant to this Agreement. 2.4 "Board" — The Board of Directors established by this Agreement 2.5 "Director" — A member of the Board of Directors, qualified as defined under this Agreement, who is employed by, contracted to, or volunteering with Minneapolis, St. Paul, Edina, Dakota County, Rochester, and one at large member from another participating governmental unit, who may be available to be activated to support incident activities pursuant to this Agreement. 2.6 "Participant' — Any governmental unit as defined by Minnesota Statute 471.59, Subdivision 1 which is a signatory to this Agreement. May 2011 Final MN TF -1 JPA 3.0 Participants. 3.1 Participants: Subject to additional Participants added hereunder, the Participants shall be: (Attached Roster) 3.2 Status: No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any Participant listed above to be represented on the Board as long as such Participant continues to exist as a separate political subdivision. 3.3 Responsibility for Employees: All persons engaged in the work to be performed by a participant under this Agreement may not be considered employees of any other participant for any purpose, including worker's compensation and other claims that may or might arise out of the employment context on behalf of the employees. All claims made by a participant as a result of any act or omission of a participant's employees while engaged on any of the work performed under this Agreement are not the obligation or responsibility of any other participant. Each participant is responsible for injuries or death of its own personnel. Each participant will maintain workers' compensation insurance or self- insurance coverage, covering its own personnel while they are providing services under this Agreement. Each participant waives the right to sue any other participant for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other participant or its officers, employees, or volunteers. 3.4 Emergency Management Assistance Compact EMAC: Any participant engaged as a member of MN TF -1 and deployed as part of an EMAC request are afforded all the protections and coverage as stated in Minn. Stat. 192.89, and retains all stated protections and coverage while engaged as part of an EMAC request. 4.0 Board of Directors. 4.1 Directors. The Organization shall be governed by a Board of Directors which shall consist of two (2) qualified Directors appointed by the governing body of each Minneapolis, St. Paul, Edina, Dakota County, Rochester, and two at large director(s) elected from and by other signatory participants. 4.2 Qualifications. At least one (1) of the Directors from each governing body and at large, must be a Team Member and must have taken the FEMA equivalent Structural Collapse Technician Training, and all applicable pre- requisite training. 4.3 Compensation. Directors shall serve without compensation from the Organization or Board. This shall not prevent a Participant from providing compensation to a Director for serving on the Board. May 2011 Final MN TF -1 7PA 5.0 Quorum /Voting. 5.1 Quorum. A majority of all of the Directors shall constitute a quorum. A simple majority vote of the Directors present at a meeting with a valid quorum shall be required for the Board to take action, unless otherwise provided in this Agreement or by law. 5.2 Voting. There shall be no voting by proxy. All votes must be cast by the Director or designated alternate at a Board Meeting. Each Director shall have one (1) vote. 6.0 Officers. 6.1 Officers. The officers of the Board shall be a Chair, Vice -Chair and Secretary/Treasurer. 6.2 Elections. At its first meeting, the Board shall elect a Chair, a Vice - Chair, and a Secretary/Treasurer who shall serve two year terms ending on December 31. Officers elected to partial or unexpired terms (including the initial term of office which ends on December 31, 2008) shall serve out the partial term but must then stand for election with the other Officers for the following term. 6.3 Vacancies. A Director shall be elected in the same manner as above to fill out an unexpired term of any office which becomes vacant. 6.4 Other Officers. The Board may elect or appoint such other officers as it deems necessary to conduct its meetings and affairs. 7.0 Meetings 7.1 Annual Meeting. The Board shall meet at least annually on a schedule determined by the Board. 7.2 Call. Meetings of the Board may be called by the Chair or upon written request of a majority of the Directors. 7.3 Open Meeting /Data Practices. data practices and open meeting Participants. The Organization shall comply with laws which are applicable to the 7.4 Meeting by Teleconference. The Board, in an emergency, may meet by teleconference. A quorum of the Board is required to be present on the call to conduct business. 8.0 Powers and Duties of the Board. 8.1 The powers and duties of the Board include, but are not limited to, those enumerated in this section. May 2011 Final MN TF -1 JPA 8.2 The Board shall prepare, adopt, and implement a plan to provide MN TF -1 response according to the terms and conditions herein. 8.3 The Board shall establish, train, equip, maintain, and govern the Organization, MN TF -1 and Team Members in their capacity as Team Members. 8.4 The Board shall provide for the deployment and recovery of one or more MN TF -1 teams to incidents as may be requested by another government unit under circumstances approved by the Board. 8.5 The Board shall prepare and approve an annual budget for MN TF -1. 8.6 The Board may purchase and maintain equipment necessary for the performance of its duties and the duties of MN TF -1. 8.7 The Board may enter into contractual delegations of authority with local, state, or Federal, government units for the purposes of conducting incident management/technical rescue operations within the jurisdiction of such units and such power may be delegated to designated incident commanders /task force leaders. 8.8 The Board may research and make recommendations to the Participants regarding other matters related to the Task Force purposes. 8.9 The Board may consult with persons knowledgeable in technical rescue management and response, such as research organizations, educational institutions, other political subdivisions, regulatory organizations, technical experts, and any other persons who can provide pertinent information. 8.10 The Board may cooperate or contract with the State of Minnesota, any political subdivision, federal agencies or private or public organizations to accomplish the purposes for which it is organized. 8.11 The Board may contract with other governmental units to provide the services of MN TF -1. The Board may enter into a mutual aid agreement with other similar Task Forces. 8.12 The Board may contract for or purchase such insurance as the Board deems necessary for the protection of the Board, the Participants, the Response Team, and its property. 8.13 The Board may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Organization not currently needed for its operations. 8.14 The Board may collect money from participants, subject to section 10.2, and from any other source(s) authorized by law. May 2011 Final NIN TF -1 JPA 4 8.15 The Board may make contracts, employ consultants, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and powers, in conformance with the requirements applicable to contracts and purchases of all the Participants. 8.16 The Board shall cause to be made an annual audit of the books and accounts of the Board and shall make and file a report to the Participants at least once each year. Strict accountability of all funds and report of all receipts and disbursements shall be made. 8.17 The Board's books, reports and records shall be available for and open to inspection by its Participants at all reasonable times. The Board's records shall be available for inspection by the public pursuant to Minnesota Statutes, Chapter 13. 8.18 The Board may appoint such committees as it deems necessary to exercise the powers of the Board in accordance with by -laws adopted by the Board and as allowed by law. 8.19 The Board may exercise all other lawful powers necessary and incidental to the implementation of the purposes and powers set forth herein, including, without limitation, the adoption of by -laws to govern the functioning of the Board, provided that no by -law or action of the Board shall be contrary to the terms of this Agreement. 9.0 Additional Participants 1 Vote of Board. Other governmental units may become a participant to this Agreement upon approval of a 2(3 majority of the Board. The new Participant shall sign a copy of this Agreement. Existing Participants shall not be required to sign the agreement again. 9.2 Non - Governmental Entities. With the approval of the Board, Non - Governmental entities may appoint qualified Directors to become advisory (non- voting) members of the Board and may contribute personnel to Task Force operations upon entering into a sponsorship agreement with any one Participant in a form accepted and approved by the Board. 10.0 Finance 10.1 No Joint Powers Board. A "joint powers board" pursuant to Minnesota Statutes 471.59, Subd. 11 is not established by this agreement. Neither the Board nor the Organization has authority to issue bonds or obligations. 10.2 Revenue. The Organization is wholly funded through grant funds available to one or more of the Participants. Participants are not obligated under this agreement to fund the Organization in any other fashion without an amendment to this Agreement as provided herein. May 2011 Final MN TF -1 JPA 10.3 Disbursements. The Organization may make disbursements from public funds to carry out the purposes of this agreement. 10.4 Fiscal Agent. The Board shall designate one Participant, with that Participant's consent, to serve as the fiscal agent for the Organization and funds may be paid to or disbursed by that Participant provided that the method of disbursement shall agree as far as practicable with the method provided by law for the disbursement of funds by the parties to the agreement. 10.5 Purchasing. Contracts let and purchases made under the agreement shall conform to the requirements applicable to contracts and purchases of the Fiscal Agent. 10.6 Accountability. The fiscal agent shall maintain accountability of all funds and report of all receipts and disbursements. 10.7 Distribution of Property. In the event that the Agreement is terminated as provided herein, any property acquired as the result of such joint or cooperative exercise of powers or surplus money shall be disposed of pursuant to the terms of any applicable grants or other contractual obligations, or, in none, pursuant to the procedures of the Fiscal Agent and the proceeds from such disposal shall be distributed pro rata to the Participants. Property acquired by participants prior to entering into this agreement shall remain in possession of the participants. 11.0 Indemnification 11.1 The Board shall defend, indemnify and hold harmless the Participants and any employees, officials, volunteers, or agents of the Participants against all claims, losses, liability, suits, judgments, costs and expenses by reason of the action or inaction of the Board or employees or agents of the Board. This agreement to indemnify and hold harmless does not constitute a waiver by any participant of the limitations on liability provided under Minnesota Statutes, Chapter 466 or Section 3.736 or a waiver of any available immunities or defenses. To the fullest extent permitted by law, actions by the Participants pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity," and it is the intent of the Participants that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. 1 a(a); provided further that for purposes of that statute, each Participant to this Agreement expressly declines responsibility for the acts or omissions of any other Participant. Any excess or uninsured liability shall be borne equally by each Participant. May 2011 Final MN TF -1 JPA 12.0 Duration. This Agreement shall remain in full force and effect until it is terminated in the manner provided herein. 13.0 Default. Upton the failure of any Participant to fulfill any of its other material obligations under this Agreement the Board may expel a Participant upon 2/3 vote. 14.0 Effective Date. This Agreement shall become effective upon the approval of any two Participants herein and shall become binding upon the remaining Participants on the dates of the approval of each of them. All Participants need not sign the same copy. The signed Agreement along with a certified copy of the resolution authorizing the Agreement, shall be filed with the Fire Chief of the City of Bloomington, who shall notify all Participants in writing of its effective date and set a date and place for the Board's first meeting. 15.0 Amendments. This agreement may be amended only by the unanimous agreement of all Participants acting by and through their governing bodies. 16.0 Withdrawal and Termination. 16.1 Withdrawal. Any participant shall have the right to withdraw from this Agreement and Organization hereby created in the following manner: 16.1.1 Notice of intent to withdraw shall be given in writing to all Participants. 16.1.2 The governing body of the withdrawing participant shall pass a resolution declaring its intent to withdraw effective on a specified date, which date shall not be less than ninety (90) days from the day of the resolution and shall send a certified copy of such resolution to the Chair of the Board not less than ninety (90) days before the effective date with withdrawal. The certified copy of such resolution shall be provided to the Chair of the Board by hand delivery. 16.1.3 Upon receipt of the resolution of a withdrawal, the Chair of the Board shall mail copies of the resolution to all Directors. May 2011 Final MN TF -1 JPA 16.2 Continuing Organization. Notwithstanding the parties' authority to withdraw, this Agreement and the Organization created hereby shall continue in force until all remaining Participants mutually agree to terminate or revise this Agreement. 16.3 Termination. After the effective date of termination, the Board shall continue to exist for the limited purpose of discharging the Board's debts and liabilities, settling its affairs, and disposing of its property and surplus monies, if any. 17.0 Captions. The captions of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement. 18.0 Severability The provisions of this Agreement are severable. If any section, paragraph, subdivision, sentence, clause, or phrase of the Agreement is held to be contrary to law, rule, or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. 19.0 Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. The Fiscal Agent shall act as administrator of the Agreement for the purpose of maintaining the document and insuring its availability to all Participants. The Fiscal Agent shall provide notice to all parties in the event of the addition or withdrawal of a Participant. 20.0 Construction. Each provision of this Agreement has been reviewed and negotiated, and represents the combined work product of all Participant hereto. NO presumption or other rules of construction that would interpret the provisions of this Agreement in favor of or against the Participant preparing the same shall be applicable in connection with the construction or interpretation of any of the provision of this Agreement. 21.0 Governing Law This Agreement, and the rights of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Minnesota. May 2011 Final MN TF -1 JPA 22.0 Entire Agreement. The entire agreement between the Participants hereto is contained in this Agreement, and this Agreement supersedes all of their previous understanding and agreements, written and oral, with respect to the subject matter of this Agreement. IN WITNESS WHEREOF - the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute 471.59. May 2011 Final MN TF -1 JPA 9 Execution Page for the Joint & Cooperative Agreement For Minnesota Structural Collapse /Technical Rescue Task Force The party listed below has read, agreed to and executed this Agreement on the date indicated. Date June 18, 2012 Entity City of Lakeville By Title Mayor And Title City Clerk May 2011 Final MN TF -1 JPA 10