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HomeMy WebLinkAboutItem 06.mProposed Action Staff recommends adoption of the following motion: Move to approve the Mutual Aid Agreement for Emergency Management. Passage of this motion will provide for an agreement to cover the sharing of resources outside of law enforcement and fire department operations. The purpose of this mutual aid agreement is to- provide a framework for resource sharing during emergencies that are not covered by existing law enforcement and fire department mutual aid during emergency, disaster and recovery operations. Overview City of Lakeville as a member of the Dakota County Domestic Preparedness Committee (DCDPC) was involved in identifying the potential need for a mutual aid. agreement to cover an emergency situation where government support is lent to other governmental partners that has not risen to level of State Declared Emergency. Primary Issues to Consider It was determined that the best approach was to have the City of Lakeville entered into County elide Mutual Aid Agreement for Emergency Management. Supporting Information A copy of the Dakota Mutual Aid Background Information KS10 -38 Emergency Management Mutual Aid Michael Meyer, Fire Chief If more than a sentence or two needed to explain the financial impact, add to notes page. Financial impact:$ Budgeted: Y /N,.__Source: Related Documents (CIP, ERP, etc.): Notes CITY OF LAKEVILLE RESOLUTION RESOLUTION TO AUTHORIZE A MUTUAL AID AGREEMENT FOR EMERGENCY MANAGEMENT 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 Dakota County Domestic Preparedness Committee has coordinated the preparation of a Mutual Aid Agreement for Emergency Management, which would allow for any kind of mutual aid appropriate in situations of natural and other disasters or emergencies, excluding law enforcement and fire suppression aid; and WHEREAS, the City of Lakeville participated with the County of Dakota in preparing the Mutual Aid Agreement for Emergency Management; and WHEREAS, Minn. Stat. 412.27 authorizes Iocal government units to develop mutual aid agreements for reciprocal emergency management and assistance in an emergency or disaster too great to be dealt with unassisted. NOW, THEREFORE, BE IT RESOLVED that the City of - Lakeville hereby approves and authorizes the Mayor and City Clerk to execute the Mutual Aid Agreement for Emergency :Management. DATED this 21st day of January, 2013. CITY OF LAKEVILLE Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk PURPOSE /ACTION REQUESTED Authorization to execute a mutual aid agreement for emergency management SUMMARY It is not unusual during emergency, disaster and recovery operations for local resources to be overwhelmed or for additional specialized resources to be required for local governments to respond effectively to the situation. It has been an established practice in situations involving law enforcement and fire department operations to supplement local resources through mutual aid agreements. The attached mutual aid agreement has been developed to cover the sharing of resources outside of law enforcement and fire department operations. It is not the purpose of this agreement to provide for or address in any way requests to make equipment, personnel and other resources available for routine, day -to -day business operations. The Dakota County Domestic Preparedness Committee identified the potential need for developing a mutual aid agreement to cover emergency situations that do not rise to the level of a State Declared Emergency under Minnesota Statutes Chapter 12. Local governments often lend their support their local government partners impacted by an emergency, but that support has been on an informal basis. The purpose of this mutual aid agreement is to provide a framework for resource sharing during emergencies that are not covered by existing law enforcement and fire department mutual aid. All 21 cities within the County and Dakota County are potential parties to the agreement. There are many resources that could be accessed under this agreement during an emergency, Some examples include emergency management, public works, building inspection, geographic information systems, information technology, financial management, and public health. I abillties during the period of mutual aid have been clearly defined. For purposes of liability under the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), the employees of the responding party are deemed to be employees of the requesting party as defined in Minn. Stat 466.01, subdivision 6, but only for purposes of addressing general liability. In addition the requesting party shall defend, indemnify and hold harmless the responding party and its employees against any and all claims brought or actions filed against the responding party under the agreement. Each participant to the agreement is responsible for injuries to their own employees and for damage that may be sustained to equipment they provide responding to a request for assistance. This distribution of liability is consistent with Minn. Stat. 12.331, Local Assistance between Political Subdivisions. The language of this agreement has been reviewed by the League of Minnesota Cities Insurance Trust (LMCIT). In order to coordinate the request for resources under this agreement, the participating parties' Chief Executive Officer shall be the contact person to request assistance. A participating party may designate someone other than the Chief Executive as the contact person by providing written notice to the Dakota County Emergency Preparedness Coordinator. Implementation of this mutual aid agreement will provide a framework for resource sharing during emergencies by the Cities and Dakota County. This framework will eliminate the need to develop and implement such agreements at the time of the emergency. EXPLANATION OF FISCALJFTE IMPACT The requesting party under this mutual aid agreement will not be billed or charged by the responding party unless the assistance continues for a period of more than 24 hours. Reimbursements are based on actual costs for the assistance provided and equipment charges will be based on the Federal Emergency Management Agency equipment rates whenever possible. Claims for reimbursements must be made within 90 days from the date they are incurred. M► � _ I, = ewe �i�����r��j�a EMERGENCY MANAGEMENT THIS AGREEMENT is made and entered into between the Parties, governmental units of the State of Mirunesota, pursuant to authority granted to them by Minnesota Statutes, Section 471.59, which authorizes the joint and cooperative exercise of powers common to contracting parties, and Section 12.27 which authorizes mutual aid arrangements for reciprocal emergency management. In consideration of the mutual promises and Agreements contained herein, and subject to the provisions of Minnesota Statutes, Sections 471.59 and 12.27, the Parties agree to the following: Article ENABLING AUTHORITY Minnesota Statutes, Section 471.59 authorizes two or more goverrunental units to jointly exercise any power common to the contracting parties, Mirunesota Statutes Section 12.27 authorizes the director of each county emergency management organization to collaborate with other public agencies within the state to develop mutual aid arrangements between local units of government for reciprocal emergency management aid and assistance in an emergency or disaster too great for any one local unit of government to deal with unassisted. Article 2 PURPOSE During periods of Emergency, disaster and Recovery Operations One Parties to this Agreement intend to make equipment, personnel and other resources available, upon request, to any Party who has signed this Agreement. It is not the purpose of this agreement to provide for or address in any way requests to make equipment, personnel and other resources available for routine, day -to -day business operations. The undersigned Parties intend that this Agreement shall serve as a valid written request for mutual aid as required by FEMA for any unit of govermnent requesting reimbursement funds for those reasonable eligible costs incurred as a result of a qualifying emergency. Article 3 DEFINITIONS For the purposes of this Agreement, the following terms shall be defined as follows: 1 A. "Assistance' means any services, excluding law enforcement and fire suppression services, useful to a Requesting Party that has requested Assistance from one of more parties to this agreement, including, but not limited to, emergency management, public works, building inspection, geographic information systems, information technology, financial management, and public health. B. "Employee° means those personnel currently working for a Party, including elected and appointed officials, officers, volunteers deemed to be employees for workers compensation purposes under Minn. Stat. § 176.011, subd. 9, and volunteers assisting a Party under this Agreement who are registered with and who are under the direction and control of the Party pursuant to Minn. Stat. § 12.2., Subdivision. 2a (a). C. "Participating Party or Party" means a governmental unit that is a Party to this Agreement. D. "Requesting Official" means the person designated by a Participating Party who is responsible for requesting Assistance from the other Participating Parties. E. "Requesting Party" means a unit of government which is also a participating Party to this Agreement, who requests Assistance from other Participating Parties. F. " Respondinng Official" means the person designated by a Participating Party who is responsible to determine whether and to vvhat extent the Participating Party should provide Assistance to a Requesting Party. G. "Responding Party" means a Participating Party who provides Assistance to a Requesting Party. H. "Disaster" Means a situation that creates an actual or inmunent threat to the health anti safety of persons, or a situation that has resulted or is likely to result in catastrophic loss to property or the environment, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss, as defined in Minn. Stat. § 12.03, subd. 2 as it may be amended from time to time. I. "Emergency" means a combination of circumstances that calls for immediate action to prevent a Disaster from developing or occurring. J. "Recovery Operations" means activities that will bring the Requesting Agency back to a pre - Emergency or pre - Disaster condition. 2 Article 4 PARTIES The Parties to this Agreement shall consist of as many of the following governmental units as have approved and executed this Agreement: City of Apple Valley Citv of Mendota Heights City of Burnsville City of Miesville City of Coates City of New Trier City of Eagan City of Northfield City of Farm ngton City of Randolph City of Hampton City of Rosemount City of Hastings City of South St. Paul City of Inver Grove Heights City of Sunfish Lake City of Lakeville City of Vermillion City of Lilydale City of West St. Paul City of Mendota County of Dakota Article 5 PROVISIONS OF MUTUAL AID A. Request for Assistance Whenever a Party, in the opinion of a Requesting Official, determines that conditions within its jurisdiction cannot be adequately addressed by the jurisdiction's personnel and resources because of an Emergency or Disaster or the need for Recovery Operations, the Requesting Official may request the Responding Official of any other Party to furnish Assistance. The Requesting Party, within a reasonable period of tine, shall provide the Responding Party /ies with a written confirmation of the need for Assistance including details regarding requested resources, timelines/ schedules and location(s) for assistance. B. Response_ to Request Upon the request for Assistance from a Requesting Party, the Responding Official may authorize and direct his /her Party's personnel to provide Assistance to the Requesting Party. This decision will be made after considering the needs of the Responding Party and the availability of resources. A Party may decline to make its personnel and resources available in response to any such request. Being a Party to this Agreement does not obligate a Responding Party to provide personnel and /or resources to a Requesting Party, if it jeopardizes the Responding Party's ability to provide services to its own jurisdiction. Once Assistance has been authorized, the Responding Party shall, in a reasonable amount of time, provide to the authorizing Party a written confirmation of Assistance including details regarding the personnel, resources to he provided and a timeline/ schedule of availability. 3 C. Recall and Release of Assistance The Responding Official may recall such Assistance at anv time if the Responding Official or the governing body of the Responding Party determines it is in the best interest of the Responding Party to do so. The Requesting Party may at any time release a Responding Party or an individual from providing any further assistance. D. Command of Scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Assistance is withdrawn. E. State Declared Emergency If the State of Minnesota or an authorized state agency declares an emergency; the statutes and administrative rules pertaining to state declared emergencies shall prevail where they conflict with the provisions of this Agreement. F. Volunteer Registration Any volunteers who participate on behalf of the Responding Party shall register with the Requesting Party. Article 6 HOLD HARMLESS AND INDEMNIFICATION A. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), the Employees of the Responding Party are deemed to be Employees of the Requesting Party as defined in Minn. Stat 466.01, subdivision 6, but only for purposes of addressing liability under this Agreement. The Employees of the Respondnng Party shall not be considered Employees of the Requesting Party for any other purpose. B. The Requesting Party shalt defend, indemnify and hold harmless the Responding Party and its Employees against any and all claims brought or actions filed against the Responding Party or its Employees 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 by the Requesting Party pursuant to this Agreement. However, nothing herein shall be construed to provide insurance coverage or indemnification to any Employee of any Party for any act or omission for which the Employee is guilty of malfeasance in office, willful neglect of duty or bad faith. C. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties 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. la(a). Nothing herein shall be. construed to waive or limit any immunity from or linutation on, liability available to any Party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. under no circmnstances shall a Party be required to pay on behalf of itself rd and other Parties, any amounts in excess of the limits of liability established in Minnesota Statutes Chapter 466 applicable to any third party claim. The statutory limi of liability for some or all of the Participating Parties may not be added together or stacked to increase the maximum amount of liability for any third party claim. D. Each Responding Party agrees to promptly notify the other Requesting Parties if it knows or becomes aware of any facts or allegations reasonably giving rise to actual or potential liability, claims, causes of action, judgments, damages, losses, costs or expenses, including attorney's fees, involving or reasonably likely to involve the Requesting Party, and it arises out of acts or omissions related to this Agreement. E. There shall be no liability to any Participating Party for failure to furnish Assistance, or for recalling or releasing Assistance as described in this Agreement. Article 7 WORKERS COMPENSATION For the purposes of workers compensation insurance, the Employees of each Participating Party are considered to be acting within the scope of and in the course of their regular employment, as Employees of the Responding Party. Each Participating Party shall be responsible for any injuries or death(s) of its own Employees in cormection with Assistance provided pursuant to this Agreement. Each Participating Party will maintain workers compensation insurance or self- insurance coverage, covering its own Employees while the are providing Assistance pursuant to this Agreement. Each PartS� waives the right to sue any other Party for any workers compensation benefits paid to its own Employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its Employees. Article 8 DAMAGE TO EQUIPMENT Each Participating Party shall be responsible for damage to or loss of its equipment provided pursuant to this Agreement. Each Party waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages were caused wholly or partially by the negligence of any other Party or its Employees. a - r CHARGES TO THE REQUESTING PARTY A. A Requesting Party shall not be billed or charged by a Responding Party for Assistance rendered unless the Assistance continues for a period of more than twenty -four (24) hours, as 5 measured from the time Responding Party begins to provide Assistance after being specifically directed by the Requesting Party to perform a task or tasks. The charges for Assistance provided pursuant to this Agreement will be based upon the actual costs incurred by the Responding Party, including salaries or wages, overtime, materials, supplies and other necessary expenses, except that the Parties agree that the Federal Emergency Management Agency equipment rates will be used as the basis for equipment charges whenever possible. The Requesting Party is responsible to take all steps it deems necessary to seek reimbursement from the United States of America, the State of Minnesota or other sources, to the extent that such reimbursement is available, for expenses it incurs for services provided pursuant to this Agreement. S. if Assistance provided under this Agreement continues for more than twenty -four (24) hours, the Responding Party shall submit to the Requesting Party an itemized bill for the actual cost of any Assistance provided after the initial twenty -four (24) hour period, including salaries, overtime, materials and supplies and other necessary expenses. The Requesting Party shall reimburse the Responding Party. Any claims for reimbursement by the Responding Party must be made to the Requesting Party within 90 days after the expense is sustained or incurred. C. The Parties acknowledge that charges may be assessed without regard to the availability of federal or state or other funds to reimburse the charges. Article 10 EFFECTIVE DATE AND TERM This Agreement shall be effective as of the date that any two Parties have executed it. As long as there are at least two Parties participating in this agreement, the Agreement shall be in effect until such time as the Agreement is terminated pursuant to Article 12. The Parties agree to review the terms of the Agreement every 5 years and to propose amendments deemed necessary. This Agreement will only apply to those Parties whose governing boards have lawfully executed the document. Article 11 MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 2 B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the Participating Parties hereto. Article 12 WITHDRAWAL Any Party may withdraw from this Agreement with or without cause by providing thirty (30) days' prior written notice to the Dakota County Emergency Preparedness Coordinator. Withdrawal by any Participating Party shall not terminate this Agreement with respect to any Participating Parties who have not withdrawn. Withdrawal shall not act to discharge any Iiability incurred by any Participating Party prior to withdrawal. Such liability shall continue until discharged by law or agreement. The terms of Article 6, 7, 8, 13 and 14 shall survive the expiration, termination or withdrawal from this Agreement. Article 13 RECORDS - AVAILABILITY AND ACCESS To tine extent required by Minn. Stat. § 16C_05, Subd. 5 as it may be amended from time to time, the Parties agree that any Party, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as then may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other Parties and involve only these transactions relating to the performance of activities pursuant to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for seven (7) years after its termination or cancellation. A Party that withdraws shall maintain the above materials for seven (7) years beyond the Party's withdrawal date. Article 14 DATA PRIVACY Each Party, its employees, agents, owners, partners, and subcontractors agree to abide by the provisions of the Minnesota Governmental Data Practices Act, Minnesota Statutes Chapter 13 and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy of confidentiality, and as any of the same may be amended from time to time. Vi Article 15 COMPLIANCE Participating Parties shall comply with all applicable federal, state, and local statutes, regulations, rules and ordinances in force or hereafter enacted. Article 16 COUNTERPARTS This Agreement may be executed in any number of counterparts, each counterpart for all purposes being deemed an original and all such counterparts shall together constitute one and the same agreement. Counterparts shall be filed w irt, th Dakota County Emergency Preparedness Coerd; ^.at:;:, together with a certified copy of the resolution evidencing approval of the Agreement, as follows; Dakota County Emergency Preparedness Coordinator Dakota County Law Enforcement Center 1580 Highway 55 Hastings, MN 55033 -2343 Article 17 CONTRACT ADMINISTRATION In order to coordinate the services so as to accomplish the purposes of this Agreement, each Participating Party's Chief Administrative Officer shall be the contact person for each Participating Party under this Agreement. A Participating Party may designate someone other than the Chief Administrative Officer as the contact person(s) by providing written notice to the Dakota County Emergency Preparedness Coordinator. [Remainder of page intentionally left blank] 11 By Mayor Printed Name: Date of Signal City Clerk Printed Name: Date of Signatu OR