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HomeMy WebLinkAbout17-003CITY OF LAKEVILLE RESOLUTION NO. 17-03 RESOLUTION APPROVING SPONSORING AGENCY AGREEMENT BETWEEN MINNESOTA TASK FORCE ONE URBAN SEARCH AND RESCUE TEAM AND CITY OF LAKEVILLE WHEREAS, the Council supports efforts to be better prepared for any potential disasters/emergencies in the City and Dakota County; and WHEREAS, is a member of the Dakota County Domestic Preparedness Committee joint powers entity that supports the Dakota County Special Operations Team that provides response capabilities in the event of structural collapses and other technical rescues in Dakota County and through an approval process to other neighboring communities: 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 (MN 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, MN HSEM has required the formalization of the Minnesota Structural Collapse/Technical Rescue MN -TF1 Organization (MN -TF1) joint powers entity in order to streamline funding, ensure better coordination of training and equipment purchases and to enable the State to designate the members of the MN -TF1 as a Specialized Emergency Response Team under MN Stat. Sec. 12.351 to provide liability and workers' compensation coverage during a State activation. WHEREAS, on June 18, 2012 the City Council authorized the execution of an agreement with the Minnesota Task Force One organization for the City of Lakeville's participation in the program; and WHEREAS, the original agreement has been amended to allow the participation of the five charter teams of the Minnesota Task Force One program; and WHEREAS, the City Council desires to maintain City of Lakeville personnel on the Minnesota Task Force One Urban Search and Rescue Team through a Sponsoring Agency Agreement with the Minnesota Task Force One Urban Search and Rescue Team that takes the place of the City's previous participation in the Joint Powers Agreement for Minnesota Task Force One. NOW, THEREFORE, BE IT RESOLVED the City Council approves executing the Sponsoring Agency Agreement between Minnesota Task Force One Urban Search and Rescue Team and the City of Lakeville. DATED this 311 day of January, 2017 CITY OF LAKEVILLE BY: Douglas P. Anderson, Mayor ATTEST: Charlene Friedges, City C r ADDENDUM A Sponsoring Agency Agreement between Minnesota Task Force One Urban Search and Rescue Team And City of Lakeville For Minnesota Task Force One Urban Search and Rescue Team Participation The parties to this Agreement are the Minnesota Task Force One Urban Search and Rescue Team, a joint powers entity of municipal corporations within the State of Minnesota (referred to herein as `MN -TF1') and City of Lakeville, a city of the State of Minnesota (referred to herein as `Sponsoring Agency'). Purpose. The purpose of this agreement is to enable the Sponsoring Agency to assign one or more of its employees or volunteers as a Team Member to MN -TF 1 and to enable the MN -TF1 to accept such employees and volunteers as participants, on the terms and conditions stated herein. Team Members, for purposes of this Agreement, includes firefighters, licensed peace officers, emergency medical technicians, building inspectors, public works employees, public health workers, information technology workers, among others. Whenever the term "employee" or "employees" appears in the Agreement, the term includes employees and volunteers of a Sponsoring Agency unless stated otherwise. 2. Term. This Agreement shall be in effect as of the date that it is executed by both parties and shall remain in effect indefinitely or until either party terminates the Agreement pursuant to Section 6. 3. Assignment of Employ. a. Assignment. The Sponsoring Agency may assign its employees to the Task Force, only with the consent of MN -TF1, which consent may be withdrawn by MN -TF1 at any time, and in accordance with the procedures of MN -TF 1. Employees so assigned remain employees or volunteers of the Sponsoring Agency and are not employees of MN -TF1. When MN -TF1 is providing assistance to a party of MN -TF1, Sponsoring Agency shall compensate its employees just as if they were performing the duties within and for the Sponsoring Agency. b. Workers' Compensation. Sponsoring Agency shall be responsible for injuries to or death of its own employees and shall maintain workers' compensation MN -TF1 JPA [Rev 11/03/161 Page 1 coverage or self-insurance coverage, covering its own employees and volunteers while they are providing assistance as a member of the MN -TF I. The Sponsoring Agency waives its right to commence legal action against the MN -TF 1 or any of its members for any workers' compensation benefits paid to its employees or their dependents, even if the injuries were caused wholly or partially by the negligence of the MN TF -1 or any of the members thereof. C. Damage to Equipment. The Sponsoring Agency shall be responsible for damage to or loss of its own equipment occurring during training or deployment of the MN -TF 1. The Sponsoring Agency waives the right to commence legal action against MN -TF1 or any of the members for any damages to or loss of its equipment, even if the damages or losses were caused by the negligence of MN - TF1 or any member thereof. d. Liability. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), employees or volunteers assigned by the Sponsoring Agency to the Task Force are employees of Sponsoring Agency. The Sponsoring Agency agrees to defend, indemnify and hold harmless MN -TF 1 and any of the members thereof against any claims brought or actions filed against MN -TF1 or any of the members thereof or any officer, employee or agent thereof for injury to, death of, or damage to the property of any third person or persons, arising from the action or omission of its employees or volunteers while providing assistance as a member of the MN -TF1. Under no circumstances shall the Sponsoring Agency be required to pay on behalf of itself and MN -TF1 and any of the members thereof any amounts in excess of the limits of liability established in Minn. Stat. Ch. 466 applicable to any one entity. The limits of liability for MN -TF1, any of its members and the Sponsoring Agency may not be added together to determine the maximum amount of liability for any of them. e. Costs. Sponsoring Agencies are not entitled to reimbursement by MN -TF 1 or any member thereof of its costs incurred in connection with activities undertaken pursuant to this agreement, except for its costs which are reimbursable pursuant to policies established by the Board of Directors of MN -TF1. MN -TF1 may voluntarily reimburse other costs to the extent that grant funds are available. 4. MN -TF 1. a. Consent. MN -TF1 hereby consents to the assignment by Sponsoring Agency of its employees or volunteers to participate on the MN -TF1, on the condition that the Sponsoring Agency and its employees or volunteers comply with all applicable MN -TF1 policies and procedures. MN -TF1 hereby reserves the right, at any time it deems appropriate, to withdraw its consent provided hereunder and terminate this Agreement for any reason. b. Charges. MN -TF1 agrees to remit to the Sponsoring Agency any funds that it receives with respect to services provided by the Sponsoring Agency while MN -TF1 JPA [Rev 11/03/16] Page 2 participating on the MN -TF1, to the same extent as if the Sponsoring Agency were a party to said MN -TF1 Joint Powers Agreement. Except as provided in this Section 4(b), MN -TF1 shall have no obligation to reimburse any costs incurred by Sponsoring Agency for assigning its employees and volunteers to participate on the MN -TF 1. 5. Sponsoring Agency. By executing this Agreement Sponsoring Agency agrees to comply with all terms of the Joint Powers Agreement for Minnesota Task Force One Urban Search and Rescue Team that apply to sponsoring agencies. Sponsoring Agency acknowledges that the Indemnification and Liability provisions of Section 10 of the MN FT -1 Joint Powers Agreement also apply to Sponsoring Agency. 6. Miscellaneous. a. Notices. Notices required pursuant to this agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: Sponsoring Agency: MN -TF 1: A party providing written notice of intent to terminate this Agreement shall also provide such notice to the Fiscal Agent of the MN -TF1, each Participant entity of the Minnesota Task Force One Urban Search and Rescue Team Joint Powers Agreement, and to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. b. Termination. Either party may terminate this agreement without cause upon thirty days' written notice to the other. On the effective date of termination the entity executing this Agreement shall no longer be a Sponsoring Agency of MN -TF1. C. Effect of Termination. Termination of this Agreement shall not discharge any liability, responsibility or other right of either party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. d. Amendments. This Agreement may be amended only in writing and upon the consent of the governing bodies of the parties. e. Records, accounts, reports. The books and records of the Sponsoring Agency related to participation as a Sponsoring Agency shall be subject to the provisions of Minn. Stat. Ch. 13 and Minn. Stat. ยง 1613.06, subd. 4. MN -TF1 JPA [Rev 11/03/16] Page 3 f. Severability. The provisions of this Agreement are deemed severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or unenforceable shall substantially impair the value of the entire Agreement with respect to either party. In Witness Whereof, the parties have executed this Agreement on the dates indicated below. Minnesota Task Force One Urban Search and Rescue Team City of Lakeville By: y: Print Name: Douglas P. Anderson Print Name: Charlene Friedg Title: Mayor Title: City Clerk Date: January 3, 2017 Date: January 3, 2017 KS14-316 MN Task Force One Sponsoring Agency Agreement Rev 11-03-2016 MN -TF1 JPA [Rev 11/03/16] Page 4