Res 2017- 07 Mn Task Force One Urban Search-Rescue AgrCity of Mendota Heights
Dakota County, Minnesota
Resolution 2017-07
RESOLUTION APPROVING SPONSORING AGENCY AGREEMENT BETWEEN THE
MINNESOTA TASK FORCE ONE URBAN SEARCH
AND RESCUE TEAM AND CITY OF MENDOTA HEIGHTS
WHEREAS, the Mendota Heights City Council supports efforts to be better prepared for any potential
disasters/emergencies within the City and in 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, which
provides emergency 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 which is partially
supported financially 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 of Minnesota to designate the
members of the MN -TF1 as a Specialized Emergency Response Team under MN Stat. Sec. 12.351, so as
to provide liability and workers' compensation coverage during a State activation; and
WHEREAS, on July 3rd, 2012 the City Council authorized the execution of an agreement with the
Minnesota Task Force One organization for the City of Mendota Heights' 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 retain City of Mendota Heights 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, which replaces the City's previous
participation in the Joint Powers Agreement for Minnesota Task Force One.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Mendota Heights, Minnesota
does hereby approve the execution of the Sponsoring Agency Agreement by and between Minnesota Task
Force One Urban Search and Rescue Team, and the City of Mendota Heights.
Adopted by the City Council of the City of Mendota Heights this 3rd day of January, 2017.
ATTE
Lorri Smith, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ADDENDUM A
Sponsoring Agency Agreement
between
Minnesota Task Force One
Urban Search and Rescue Team
And
City of Mendota Heights
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 Mendota Heights, a Municipality of the State of
Minnesota (referred to herein as `Sponsoring Agency').
1. 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 -TF 1 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
teen 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 Employees.
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 -TF1.
Employees so assigned remain employees or volunteers of the Sponsoring
Agency and are not employees of MN -TF 1. When MN -TF 1 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 11/03/16] 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 1. The Sponsoring
Agency waives its right to commence legal action against the MN -TF1 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 -TF1. 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 -TF1 and any of the members thereof
against any claims brought or actions filed against MN -TF 1 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 -TF1 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 -TF1.
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 -TF1.
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:
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
MN -TF1:
City of Edina
Edina Fire Dept — Station No. 1
6250 Tracy Ave.
Edina, MN 55436
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. § 16B.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 Mendota Heights
By: By:Q�c1�1����-`'�
Print Name: Print Name: NJ 1 &aUocJ&
Title: Title: Ma-�cr
Date: Date: — a I — D-0 11
Approved as to form:
Assistant County Attorney Date
KS14-316 MN Task Force One Sponsoring Agency Agreement Rev 11-03-2016
MN -TF1 JPA [Rev 11/03/16] Page 4