HomeMy WebLinkAboutItem 06.p
Date: April 6, 2020 Item No.
RESOLUTION AUTHORIZING THE CITY OF LAKEVILLE TO BE A PARTY TO
MINNESOTA WATER AGENCY RESPONSE NETWORK
Proposed Action
Staff recommends adoption of the following motion: Move to approve resolution authorizing the City of
Lakeville to be party to Minnesota Water Agency Response Network.
Overview
Minnesota Water Agency Response Network (MnWARN) is a formal emergency response program in
Minnesota, http://www.mnwarn.org/ . MnWARN is a mutual aid agreement to provide a program
whereby water, wastewater, and storm water utilities sustaining physical damage from natural or man-
made disasters in the state of Minnesota can obtain emergency assistance, in the form of personnel,
equipment, and materials and other associated services necessary to protect the health and welfare of the
utilities' customers. Cities have broad powers to enter into intergovernmental agreements with other
“governmental units” under Minn. Stat. Section 471.59. The City has agreements with other Dakota
County agencies not a statewide agreement specifically for utilities.
The MnWARN agreement was drafted by the League of Minnesota Cities. There is no cost to join.
Participation in MnWARN does not create any duty to respond to a request for assistance. When a
Member receives a request for assistance, the Authorized Official shall have absolute discretion as to the
availability of resources. Participating members will be reimbursed costs for assisting other agencies
during a MnWARN event.
Cities can rely on Minn. Stat. Section 12.331 in the absence of a written agreement, it is generally better to
have a written agreement in place prior to needing assistance. Some of the reasons a written agreement is
preferred include the following:
• A written agreement is likely to be more detailed than relying on Section 12.331 relating to
unwritten agreements. It can establish specific procedures and protocols for requesting and
providing assistance and may provide for more rapid assistance.
• Changes to Section 12.331 cannot be made. A written agreement allows the parties to negotiate
specific provisions.
• Chapter 12 only applies to emergencies. Mutual aid agreement can apply to any kind of
assistance; an emergency is not required.
Primary Issues to Consider
• Do we need a statewide mutual aid agreement? A statewide mutual aid agreement allows cities to
receive assistance from areas not affected by an emergency.
Supporting Information
• Copies of the resolution and agreement are attached.
Financial Impact: $0.00 Budgeted: NA Source: NA
Related Documents (CIP, ERP, etc.): NA
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Shane Quade, Utilities Superintendent
CITY OF LAKEVILLE
RESOLUTION NO. ____
RESOLUTION AUTHORIZING GOVERNMENTAL UNIT TO BE A
PARTY TO MINNESOTA WATER AGENCY RESPONSE NETWORK (MnWARN)
WHEREAS, Minnesota Statutes, Section 471.59, authorizes governmental units by agreement of
their governing bodies to jointly or cooperatively exercise any power common to them; and
WHEREAS, MnWARN has been established by the adoption of a Mutual Aid Agreement (the
Agreement) among governmental units to allow their water, wastewater and storm water utilities
to assist each other in case of an emergency; and
WHEREAS, the Agreement allows other governmental units to become a party to the Agreement
by the adoption of this resolution and sending notice to the Secretary of the Statewide
Committee for MnWARN; and
WHEREAS, the governing body of the City of Lakeville considers it to be in the best interest of
the City to be a party to the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City of Lakeville:
1. The Mayor and City Clerk are authorized to sign this resolution evidencing the intent of the
City of Lakeville to be a party to MnWARN;
2. The City Clerk is directed to send a certified copy of this resolution and a completed
membership information form to the Secretary of the Statewide Committee of MnWARN;
3. The City of Lakeville agrees to comply with all terms of the Agreement.
ADOPTED by the Lakeville City Council this 6th day of April 2020
______________________________
Douglas P. Anderson, Mayor
_________________________________
Charlene Friedges, City Clerk
MINNESOTA WATER AGENCY RESPONSE
NETWORK (MnWARN) MUTUAL AID AGREEMENT
This Minnesota Water Agency Response Network (MnWARN) Mutual Aid Agreement is made
and entered into by the undersigned Parties.
WHEREAS, the Parties hereto are authorized by law or home rule charter to establish a water,
wastewater or storm water utility; and
WHEREAS, the Parties hereto have established a water, wastewater and/or storm water utility;
and
WHEREAS, the Parties recognize that an Emergency may require Assistance in the form of
personnel, equipment and supplies from a Utility outside the Governmental Unit; and
WHEREAS, the governing bodies of the Parties have investigated the facts and determined that
it is in their best interests to authorize their Utilities to work cooperatively with another Party’s
Utilities when there is an Emergency; and
WHEREAS, Minnesota Statutes, Section 471.59 authorizes the Parties by agreement of their
governing bodies to jointly or cooperatively exercise any power common to them.
NOW, THEREFORE, in consideration of the mutual covenants made herein, the Parties agree
as follows:
ARTICLE I
PURPOSE
The Parties recognize that in an Emergency, their Utilities may require Assistance in the form of
personnel, equipment and supplies from outside the area of impact. The purpose of this
Agreement is to provide a framework, in the event of an Emergency, for the Parties to
participate in an intrastate program for mutual aid assistance to provide water, wastewater and
storm water utility services. The Parties authorize their Utilities to cooperatively assist other
Party’s Utilities when there is an Emergency, subject to the discretion of the Responding Party’s
Authorized Official as set forth in Article IV.
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ARTICLE II
DEFINITIONS
A.Agreement — This Water Agency Response Network Mutual Aid Agreement.
B.Assistance — Resources, including but not limited to personnel, equipment, material and
supplies that a Responding Party’s Utility provides to a Receiving Party’s Utility.
C.Authorized Official — An employee or official of a Party’s Utility that is authorized by the
Party’s governing body to request Assistance or provide Assistance under this Agreement.
D.Emergency — Any occurrence that is, or is likely to be, beyond the control of the services,
personnel, equipment or facilities of a Party’s Utility.
E.Governmental Unit — A city, county or township in Minnesota or a city’s public utilities
commission.
F.MnWARN — The framework for public water, wastewater and storm water utilities in
Minnesota to assist other public water, wastewater and storm water utilities when there is
an Emergency that requires Assistance from another Utility. The framework includes this
Agreement and other resources to be developed and coordinated by the Statewide
Committee to implement the purpose of this Agreement.
G.National Incident Management System (NIMS) — A national, standardized approach to
incident management and response that sets uniform processes and procedures for
emergency response operations.
H.Party/Parties — One or more governmental units that has a water, wastewater or
stormwater utility that executes this Agreement or adopts this Agreement by resolution
pursuant to Article XIV.
I.Period of Assistance — The period of time when a Responding Party assists a Receiving
Party. The period commences when personnel, equipment or supplies depart from a
Responding Party’s facility and ends when the resources return to their facility. All
protections identified in the Agreement apply during this period. The Period of Assistance
may occur during response to or recovery from an Emergency.
J.Receiving Party — A Party who requests and receives Assistance under this Agreement.
K.Responding Party — A Party that provides Assistance to another Party pursuant to this
Agreement.
L. Statewide Committee — The committee responsible for overseeing MnWARN on a
statewide level.
M.Steering Committee — The leadership group that established MnWARN and the
development of this Agreement.
N.Utility/Utilities — A water, wastewater and/or storm water utility of a Party.
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ARTICLE III
ADMINISTRATION
A.Statewide Committee.
1.Voting Members. MnWARN shall be administered through a Statewide Committee.
The Statewide Committee shall be comprised of nine (9) voting members. The voting
members of the Statewide Committee shall be comprised as follows: (i) an employee
or official of a Utility located in Region 1 of the Minnesota Division of Homeland
Security and Emergency Management Regions; (ii) an employee or official of a Utility
located in Region 2 of the Minnesota Division of Homeland Security and Emergency
Management Regions; (iii) an employee or official of a Utility located in Region 3 of the
Minnesota Division of Homeland Security and Emergency Management Regions; (iv)
an employee or official of a Utility located in Region 4 of the Minnesota Division of
Homeland Security and Emergency Management Regions; (v) an employee or official
of a Utility located in Region 5 of the Minnesota Division of Homeland Security and
Emergency Management Regions; (vi) an employee or official of a Utility located in
Region 6 of the Minnesota Division of Homeland Security and Emergency
Management Regions; (vii) an employee or official of the Minnesota Rural Water
Association; (viii) a representative from the Minnesota Section of the American Water
Works Association; and (ix) a representative of the Minnesota Wastewater Operator’s
Association.
a.Initial Voting Members. The initial voting members representing the six regions of
the Minnesota Division of Homeland Security and Emergency Management
Regions shall be selected by the Steering Committee. The other three voting
members shall be selected by the organization they represent.
b.Subsequent Voting Members. The appointment or election of subsequent voting
members shall be done in accordance with bylaws to be adopted by the Statewide
Committee.
c.Terms. The terms of the voting members shall be established by the bylaws to be
adopted by the Statewide Committee.
d.Changes. The Statewide Committee may change the number or composition of
the voting members in accordance with its bylaws.
2.Advisory Members. There shall be at least six (6) advisory members of the Statewide
Committee who shall not be entitled to vote. The advisory member shall consist of a
representative to be selected by each of the following organizations: (i) the Minnesota
Pollution Control Agency; (ii) the Minnesota Department of Health; (iii) Minnesota
Homeland Security and Emergency Management; (iv) the Association of Minnesota
Emergency Managers; (v) the Minnesota Municipal Utilities Association; and (vi) the
League of Minnesota Cities. The voting members of the Statewide Committee may
change the number or composition of the advisory members in accordance with its
bylaws. The terms of the advisory members shall be established by the bylaws of the
Statewide Committee.
3.Officers. The Statewide Committee shall have the following officers: a Chair, a Vice-
Chair and a Secretary. The initial officers shall be elected by the Statewide Committee
at its first meeting. The terms of the initial officers and subsequently elected officers
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shall be established by the bylaws of the Statewide Committee. The officers shall
have the following powers:
a. Chair. The Chair shall have no more power than any other member of the
Statewide Committee except that the Chair shall act as the presiding officer at all
Statewide Committee meetings and may have other duties as assigned from time
to time and prescribed by the Statewide Committee.
b. Vice-Chair. The Vice-Chair shall act as the presiding officer at any Statewide
Committee meeting not attended by the Chair and shall perform the Chair’s duties
in the Chair’s absence. The Vice-Chair may have other duties as assigned from
time to time and prescribed by the Statewide Committee.
c. Secretary. The Secretary shall be responsible for ensuring that minutes are
prepared for all Statewide Committee meetings. The Secretary shall also keep all
books and records of the Statewide Committee and shall give all notices required
by law, and may have other duties as assigned from time to time and prescribed by
the Statewide Committee. The Statewide Committee may delegate all or part of
the Secretary’s duties required under this Section to another person; provided that
such delegation shall not relieve the Secretary of ultimate responsibility for these
duties
4. Powers. The Statewide Committee shall have the following powers:
a. To coordinate emergency planning and response activities of Utilities in
coordination with the emergency management and public health system of the
State;
b. To adopt policies and procedures to further the purpose of MnWARN;
c. To establish committees, including regional committees, to assist in implementing
the purpose of MnWARN;
d. To develop a resource list of personnel, equipment, supplies and other resources
that may be used to provide Assistance;
e. To establish a website to facilitate the Parties’ use of MnWARN;
f. To develop protocols, forms or procedures for Parties to request assistance;
g. To develop educational materials; and
h. To develop training materials and conduct training for Parties.
5. Meetings. The Statewide Committee shall hold meetings as follows:
a. Organizational Meeting. An organizational meeting shall be held at a time and
place to be determined by the Steering Committee.
b. Regular Meetings. Thereafter, the Statewide Committee shall meet at least
annually. A schedule of regular meetings may be adopted by the Statewide
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Committee at the organizational meeting. A schedule of regular meetings may be
changed from time to time as deemed necessary by the Statewide Committee.
c.Special Meetings. Special meetings of the Statewide Committee may be called by
the Chair and must be called by the Chair upon written request of two Statewide
Committee members.
d.Quorum. The Statewide Committee shall not take official action unless a majority
of the voting members are present in person or via electronic communication.
ARTICLE IV
REQUESTS FOR ASSISTANCE
A.Party Responsibility. The Parties shall identify an Authorized Official and one or more
alternates; provide contact information including 24-hour access; and maintain the resource
information required contained in the member information form to be developed by the
Statewide Committee. The Parties shall update this information as required by the bylaws.
In the event of an Emergency, a Party’s Authorized Official may request Assistance from a
Party’s Utility. The Authorized Official must specifically state that Assistance is being
requested under MnWARN to activate the provisions of this Agreement. Requests for
Assistance can be made orally or in writing. When made orally, the request for Assistance
shall be prepared in writing as soon as practicable. Requests for Assistance shall be
directed to the Authorized Official of a Party. Specific protocols for requesting Assistance
shall be established by the Statewide Committee.
B.Response to a Request for Assistance. After a Party receives a request for Assistance, the
Authorized Official should evaluate if resources are available to respond to the request for
Assistance. Following the evaluation, the Responding Party’s Authorized Official shall
inform, as soon as possible, the Receiving Party’s Authorized Official if it can provide
Assistance. If Assistance is provided, the Responding Party shall inform the Receiving Party
about the type of available resources and the approximate arrival time of such resources.
C.Discretion of Responding Party’s Authorized Official. Adoption of this Agreement does not
create any duty to provide Assistance. When a Party receives a request for Assistance, the
Authorized Official shall have absolute discretion to provide Assistance or to not provide
Assistance. A Party’s decision to provide Assistance or not provide Assistance shall be final.
No Party nor any employee or officer of any Party shall be liable to any other Party or to any
person for failure of any Party to furnish Assistance or for recalling Assistance.
ARTICLE V
RESPONDING PARTY PERSONNEL
A.National Incident Management System (NIMS). When providing Assistance under this
Agreement, the Requesting Party’s Utility and the Responding Party’s Utility shall be
organized and function under NIMS.
B.Control. The personnel of a Responding Party providing Assistance shall be under the
direction and control of the Receiving Party until the Responding Party’s Authorized Official
withdraws Assistance. The Receiving Party’s Authorized Official shall coordinate response
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activities with the Responding Party’s Authorized Official. Whenever practical, Responding
Party personnel should plan to be self sufficient for up to 72 hours.
C. Food and Shelter. The Receiving Party shall supply reasonable food and shelter for
Responding Party personnel for Assistance that is provided for more than 72 hours. If the
Receiving Party is unable to provide food and shelter for a Responding Party’s personnel,
the Responding Party’s Authorized Official or designee is authorized to secure food and
shelter for its personnel and shall be entitled to reimbursement for such expenses from the
Receiving Party. Reimbursement for food and shelter shall reflect the actual costs incurred
by the Responding Party. If receipts are not available, the Responding Party cannot request
reimbursement in excess of the State per diem rates for that area.
D. Communication. The Receiving Party shall provide Responding Party personnel with radio
equipment as available, or radio frequency information to program existing radios, in order
to facilitate communication among personnel providing Assistance.
E. Status. Unless otherwise provided by law, the Responding Party’s officers and employees
retain the same privileges, immunities, rights, duties, and benefits as provided in their
respective jurisdictions.
F. Licenses and Permits. To the extent permitted by law, Responding Party personnel who
hold licenses, certificates, or permits evidencing professional, mechanical, or other skills
shall be allowed to carry out activities and tasks relevant and related to their respective
credentials during the Period of Assistance.
G. Right to Withdraw. The Responding Party’s Authorized Official retains the right to withdraw
some or all of its resources at any time. Notice of intention to withdraw must be
communicated to the Receiving Party’s Authorized Official as soon as possible.
ARTICLE VI
COST REIMBURSEMENT
Unless otherwise mutually agreed in whole or in part, the Receiving Party shall reimburse the
Responding Party for each of the following categories of costs incurred while providing
Assistance during the Period of Assistance.
A. Personnel. A Responding Party shall be reimbursed for its actual costs paid to personnel
providing Assistance during the Period of Assistance. The Responding Party’s designated
supervisor(s) must keep accurate records of work performed by personnel during the Period
of Assistance. Reimbursement to the Responding Party must consider all personnel costs,
such as salaries or hourly wages, including overtime, and costs for fringe benefits and
indirect costs.
B. Equipment. The Receiving Party shall reimburse the Responding Party for the use of
equipment during a Period of Assistance pursuant to the Responding Party’s rate schedule.
If the Responding Party does not have a rate schedule, the rates for equipment use must be
based on the Federal Emergency Management Agency’s (FEMA) Schedule of Equipment
Rates. If a Responding Party uses rates different from those in the FEMA Schedule of
Equipment Rates, the Responding Party must provide such rates in writing to the Receiving
Party prior to supplying Assistance. Reimbursement for equipment not referenced on a
Party’s rate schedule or the FEMA Schedule of Equipment Rates must be developed based
on actual recovery of costs.
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C.Materials and Supplies. The Receiving Party must reimburse the Responding Party in kind
or at actual replacement cost, plus handling charges, for use of expendable or non-
returnable supplies. The Responding Party must not charge direct fees or rental charges to
the Receiving Party for other supplies and reusable items that are returned to the
Responding Party in a clean, damage-free condition. Reusable supplies that are returned to
the Responding Party with damage must be treated as expendable supplies for purposes of
cost reimbursement.
D.Payment Period. The Responding Party must provide an itemized bill to the Receiving Party
for all expenses it incurred as a result of providing Assistance under this Agreement. The
Responding Party must send the itemized bill not later than ninety (90) days following the
end of the Period of Assistance. The Receiving Party must pay the undisputed portion of the
bill in full on or before the forty-fifth (45th) day following the billing date. Unpaid bills become
delinquent upon the forty-sixth (46th) day following the billing date, and, once delinquent, the
bill accrues interest at the standard rate of interest charged by the Responding Party for
unpaid bills. If the Responding Party does not have a standard rate, the interest rate shall
be the rate of prime, as reported by the Wall Street Journal, plus two percent (2%) per
annum. Any undisputed amount must be resolved using the procedures set forth in Article
VII.
ARTICLE VII
DISPUTES
The Parties agree to act in good faith to undertake resolution of disputes, in an equitable and
timely manner and in accordance with the provisions of this Agreement. If disputes cannot be
resolved informally by the Parties, the following procedures shall be used:
A.Mediation. If there is a failure between Parties to resolve a dispute on their own, the Parties
shall first attempt to mediate the dispute. The Parties shall agree upon a mediator, or if they
cannot agree, the Statewide Committee Chair shall select a mediator. If the Chair of the
Statewide Committee, has a conflict of interest, the duty for selecting a mediator shall pass
to the Vice-Chair.
B.Arbitration. If the dispute remains unresolved following mediation, the dispute shall be
submitted to arbitration under the Uniform Arbitration Act, Minnesota Statutes, Sections
572.08-.30. If the Parties cannot agree on one or more arbitrators, the arbitrator(s) shall be
selected using the same procedure set forth for selecting a mediator. The decision of the
majority of the arbitrators shall not be binding upon the Parties. If the arbitration decision is
not accepted, the Parties may pursue any other legal remedy to resolve the dispute.
ARTICLE VIII
RECEIVING PARTY’S DUTY TO INDEMNIFY
For the purposes Minnesota Municipal Tort Liability Act, Minnesota Statutes, Chapter 466, the
employees and officers of the Responding Party are deemed to be employees (as defined in
Minnesota Statutes, Section 466.01, subdivision 6) of the Receiving Party.
The Receiving Party shall defend, indemnify and hold harmless, the Responding Party, its
officers, employees, volunteers and agents from all claims, loss, damage, injury, and liability of
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every kind, nature, and description, directly or indirectly arising from the Responding Party’s
Assistance during the Period of Assistance. The scope of the Receiving Party’s duty to
indemnify includes, but is not limited to, suits arising from, or related to, negligent or wrongful
use of equipment or supplies on loan to the Receiving Party, or faulty workmanship or other
negligent acts, errors, or omissions by the Responding Party personnel. The Receiving Party
shall not be required to defend and indemnify the Responding Party for any willful or wanton
misconduct of the Responding Party or its officer, employees, volunteers or agents. Under no
circumstances, however, shall a party be required to pay on behalf of itself and other parties,
any amounts in excess of the limits of liability established in Minnesota Statutes, Chapter 466
applicable to any one party. The intent of this article is to impose on each Receiving Party a
limited duty to defend and indemnify a Responding Party for claims arising within the Receiving
Party’s jurisdiction subject to the limits of liability under Minnesota Statutes, Chapter 466. The
purpose of creating this duty to defend and indemnify is to simplify the defense of 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.
The Receiving Party’s duty to indemnify is subject to, and shall be applied consistent with, the
conditions set forth in Article X.
ARTICLE IX
DAMAGE TO EQUIPMENT
Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives
the right to sue any other Party for any damages to or loss of its equipment, even if the
damages or losses were caused wholly or partially by the negligence of any other Party or its
officers, employees, or volunteers.
ARTICLE X
WORKERS’ COMPENSATION
Each Party shall be responsible for injuries or death of its own personnel. Each Party will
maintain workers’ compensation insurance or self-insurance coverage, covering its personnel
while they are providing Assistance pursuant to this Agreement. Each Party waives the right to
sue another Party for any workers’ compensation benefits paid to its own personnel while they
are providing Assistance pursuant to this Agreement. Each Party waives the right to sue
another Party for any workers’ compensation benefits paid to its own employee or volunteer or
their dependents, even if the injuries were caused wholly or partially by the negligence of
another Party or its officers, employees or volunteers.
ARTICLE XI
INSURANCE
Parties to this Agreement shall maintain the following liability coverages: (1) commercial general
liability; and (2) automobile liability, including owned, hired, and non-owned automobiles. Each
policy shall have a limit at least equal to the maximum municipal liability limit in Section 466.04,
subd. 1. If the policy contains a general aggregate limit, the general aggregate limit shall not be
less than double the maximum municipal liability limit in Section 466.04, subd. 1.
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ARTICLE XII
WITHDRAWAL
A Party may withdraw from this Agreement by providing written notice of its intent to withdraw to
the Statewide Committee Secretary. Withdrawal takes effect 60 days after notice is sent.
ARTICLE XIII
INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS
To the extent practicable, Parties to this Agreement are encouraged to participate in mutual aid
and assistance activities conducted under the State of Minnesota Intrastate Mutual Aid and
Assistance Program and the Interstate Emergency Management Assistance Compact (EMAC).
Parties may voluntarily agree to participate in an interstate Mutual Aid and Assistance Program
for Utilities through this Agreement if such a Program were established.
ARTICLE XIV
NEW MEMBERS
Other Governmental Units may be added to this Agreement upon approval of their governing
body as evidenced by adoption of the resolution attached as Exhibit I to this Agreement and
execution by the Governmental Unit’s authorized representatives. A Governmental Unit shall
not become a Party to this Agreement until a certified copy of the resolution is received by the
Statewide Committee Secretary. The Statewide Committee Secretary shall maintain a master
list of all Parties to this Agreement.
ARTICLE XV
GENERAL PROVISIONS
MODIFICATION
A.Modification. No provision of this Agreement may be modified, altered or rescinded by
individual parties to the Agreement. Modifications to this Agreement may be due to
programmatic operational changes to support the Agreement. Modifications require a simple
majority vote of the Parties to this Agreement. The Statewide Committee Secretary shall
provide written notice to all Parties of approved modifications to this Agreement. Approved
modifications take effect 60 days after the date upon which notice is sent to the Parties.
B.Signatory Indemnification. In the event of a liability, claim, demand, action or proceeding of
whatever kind or nature arising out of a Period of Assistance, the Parties who receive and
provide Assistance shall indemnify and hold harmless those Parties whose involvement in
the transaction or occurrence that is the subject of such claim, action, demand or other
proceeding is limited to execution of this Agreement.
C.Prohibition on Third Parties and Assignment of Rights/Duties. This Agreement is for the
sole benefit of the Parties and no person or entity shall have any rights under this
Agreement as a third-party beneficiary. Assignments of benefits and delegations of duties
created by this Agreement are prohibited and are without effect.
D.Notice. A Party who becomes aware of a claim or suit that in any way, directly or indirectly,
contingently or otherwise, affects or might affect other Parties to this Agreement shall
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provide prompt and timely notice to the Parties who may be affected by the suit or claim.
Each Party reserves the right to participate in the defense of such claims or suits as
necessary to protect its own interests.
E.Effective Date. This Agreement shall be effective after approval by the Parties’ governing
body and execution by the Parties’ authorized representatives.
F.Governing Law. This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Minnesota.
G.Captions. Article and section headings contained in this Agreement are included for
convenience only and form no part of the Agreement among the Parties.
H.Waivers. The waiver by a Party of any breach or failure to comply with any provision of this
Agreement by another Party shall not be construed as, or constitute a continuing waiver of
such provision or a waiver of any other breach of or failure to comply with any other
provision of this Agreement.
I.Counterparts. This Agreement may be executed in several counterparts, each of which
shall be an original, all of which shall constitute but one and the same instrument.
J.Savings Clause. If any court finds any article, section or portion of this Agreement to be
contrary to law or invalid, the remainder of the Agreement will remain in full force and effect.
IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies, caused
this Agreement to be approved on the dates below.
City of __________________, Minnesota
The City Council of __________________, Minnesota duly approved this Agreement on the
_____ day of _______________, 20__.
By: _____________________________
Its Mayor
And: ____________________________
Its Clerk
Lakeville
City of Lakeville