Res 2012- 51 Jt Powers Agr MN Structural Collapse Task ForceCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2012-51
RESOLUTION TO APPROVE A JOINT POWERS AGREEMENT
WITH THE MINNESOTA STRUCTURAL COLLAPSE/TECHNICAL
RESCUE TASK FORCE ORGANIZATION
WHEREAS, the City of Mendota Heights desires to improve preparedness efforts and to assist other
local agencies to be better prepared for any potential disasters and emergencies in the Dakota County; and
WHEREAS, the City of Mendota Heights 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
(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 Mendota Heights is eligible to join the Minnesota Structural
Collapse /Technical Rescue Task Force Organization (Task Force) as a participating governmental unit.
NOW, THEREFORE, BE IT RESOLVED, That the City of Mendota Heights hereby approves and
authorizes the Mayor to execute the Minnesota Structural Collapse /Technical Rescue Task Force
Organization Joint Powers Agreement by and among the metropolitan cities of Saint Paul, Minneapolis,
Edina and Rochester, the County of Dakota and other participating governmental units, substantially as
presented to the Mendota Heights City Council, subject to approval by the City Attorney as to form.
BE IT FURTHER RESOLVED, That the City of Mendota Heights Council hereby appoints the
Fire Chief or Emergency Manager to represent the interests of the City of Mendota Heights as a
participating governmental unit of the Minnesota Structural Collapse /Technical Rescue Task Force
Organization for the term of June 19, 2012 through January 31, 2013.
Lorri Smith, City Clerk
CITY COUNCIL
CI F 1 { OTA HEIGHTS
Krebsbach, or
J61n� rfiYve�S i+�iGc�i�Gi�i
Establishing the Minnesota
�tructural Collapse/Technical Rescue Task F��ee Orgar�izaiior�
(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.
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 dep�oyed as part of
an EMAC request are afforded all the protections and coverage as
stated in Minn. Stat. 192.89, and retains a►I 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 shali 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 JPA 2
5.0 QuorumNotinq.
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 foilowing 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 Meetinqs
7.1 Annual Meeting. The Board shall meet at least annuaily 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. The Organization shall comply with
data practices and open meeting laws which are applicable to the
Participants.
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 TPA
8.2 The Board shall prepare, aaopt, and impiemenr ��ii�fi i� piuv�Ue ����J
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 capaciiy 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 ihe 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 MN TF-1 JPA
8.15 The Board may maKe contracts, empioy consui��nis, iiicui
expenses and make expenditures necessary and incidental to the
effectuation of its purposes and powers, in conformance wiih 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 availabie for and
open to inspection by its Participants at all reasonable times. The
Board's records shail 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 aliowed 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
9.1 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 estabiished 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.
1a(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 6
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 foilowing
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 par'ties' auinoriry
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 SeverabilitV.
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
e.vent 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 Governinq 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
Execution Page for the
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I+'or 1Vlinnesota Struciural Collapse/'I'echnica112.escue Task �+'oree
The party listed below has read, agreed to and executed this Agreement on the date
indicated.
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Title �t�y ���' �f�'���
May 2011 Final MN TF-1 JPA 10