Res 2013- 08 JPA Mutual Aid Emergency MgmtCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2013-08
FORMALLY AUTHORIZING JOINT POWERS AGREEMENT (JPA)
"MUTUAL AID AGREEMENT FOR EMERGENCY MANAGEMENT"
WHEREAS, the City of Mendota Heights desires to have the ability to contact
neighboring communities for aid assistance; and
WHEREAS, the Minnesota State Statute requires a resolution to enter into a JPA; and
WHEREAS, the City reserves the right to call for assistance; and
WHEREAS, the City reserves the right to respond to calls for assistance; and
WHEREAS, the City understands that disaster management can exceed a city's capacity
to respond as a single community; and
WHEREAS, the City understands the responsibilities vested in it to provide for the
health, safety and welfare of the community; and
WHEREAS, the City Council of the City of Mendota Heights has duly considered this
matter and wish to enter into an agreement that would expand the resources available to them
and our neighbors in times of need.
NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City
of Mendota Heights has by Resolution 2013-08 formally authorized the Mayor and Clerk to sign
a Joint Powers Agreement "Mutual Aid Agreement for Emergency Management".
Adopted by the City Council of the City of Mendota Heights this 5th day of February 2013.
CITY COUNCIL
CITY OF ENDOTA HEIGHTS
ATTEST:
By
Lorri Smith, City Clerk
Sandra Krebsbach ayor
MUTUAL AID AGREEMENT FOR
EMERGENCY MANAGEMENT
THIS AGREEMENT is made and entered into between the Parties, governmental units of the State of
Minnesota, pursuant to authority granted to them by 1V1innesota 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 1
ENABLING AUTHORITY
Minnesota Statutes, Section 471.59 authorizes two or more governmental units to jointly exercise any
power common to the contracting parties. Minnesota 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 the 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 government 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:
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A. "Assistance" means any services, 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 Partv, 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
ant to Minn. Stat § 12.2 Subdivision. 2a (a)
C. Party or Party" means a governmental unit that is a Party to this
D. "Requesting Official" means the person designated by a Participating Party who is responsible
for re Assistance from the other Participating Parties.
E. Party" means a unit of government which is also a participating Party to this
Agreement, who requests Assistance from other Participating Parties.
F. "Responding Official" means the person designated by a Participating Party who is responsible
to determine whether and to what extent the Participating 9artyahoo}d 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 imminent threat to the health and safety of
persons, or a situation tha has resulted or is Jikely 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.
"Emergency" means a combination of circumstances that calls for immediate action to prevent
a Disaster from developing or
"Recovery Operations" means activities that will bring the Requesting Agency back to a pre-
Emergency or pre-Disaster condition.
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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
City of Burnsville
City of Coates
City of Eagan
City of Farmington
City of Hampton
City of Hastings
City of Inver Grove Heights
City of Lakeville
City of Lilydale
City of Mendota
City of Mendota Heights
City of Miesville
City of New Trier
City of Northfield
City of Randolph
City of Rosemount
City of South St. Paul
City of Sunfish Lake
City of Vermillion
City of West St. Paul
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 time, 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 be provided and a timeline/ schedule of availability.
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C. Recall and Release of Assistance The Responding Official may recall such Assistance at any
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 Responding Party shall not be considered Employees of the
Requesting Party for any other purpose.
B. 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 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
limitation on, liability available to any Party, whether set forth in Minnesota Statutes, Chapter
466 or otherwise. Under no circumstances shall a Party be required to pay on behalf of itself
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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 limits 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 connection with Assistance provided pursuant to this Agreement.
Each Participating Party will maintain workers compensation insurance or self-insurance coverage,
covering its own Employees while they are providing Assistance pursuant to this Agreement. Each
Party 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.
Article 9
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
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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.
B. 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.
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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 liability 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 the 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 they 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.
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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 with the Dakota County Emergency Preparedness Coordinator,
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.
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.
Approved as to form: COUNTY OF DAKOTA
Assistant County Attorney/Date By
County Attorney File # KS-10-38 Title: Chair of the Board
Date of Signature
Attest:
Kelly Olson
Sr. Administrative Coordinator to the Board
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CITY OF MENDOTA HEIGHTS
y
May
Printed Name:
Date of Signature
By
City Clerk
Printed Name: irr; Siv1-0-11
Date of Signature 2-2O/.9
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