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HomeMy WebLinkAboutResolution 8263 (signed agreement)MUTUAL AID AGREEMENT THIS MUTUAL AID AGREEMENT ("Agreement') is made effective as of January 1, 2014, by and among the City of Saint Paul, Ramsey County, St. Anthony Village, the City of North Saint Paul, the City of Mounds View, the City of White Bear Lake, the City of Roseville, the City of Maplewood, and the City of New Brighton, all political subdivisions of the State of Minnesota that either constitute, or are located within, Ramsey County, collectively referred to as "Parties", pursuant to the provisions of Minnesota Statutes §471.59, the Joint Powers Act ("Agreement'). WHEREAS, The Parties desire to be prepared to adequately address fire, flood, natural disaster, civil disturbance, or any other emergency that may occur within the jurisdictions of the Parties; and WHEREAS, In order to protect the public peace and safety, and to preserve the lives and property of people in each jurisdiction, the Parties agree to furnish assistance to one another in the event of said emergencies. NOW, THEREFORE, The Parties hereby agree to furnish assistance to each other upon the terms and conditions set forth in this Agreement. 1. Purpose The general purpose of this Agreement is to enable the Parties and their respective law enforcement personnel to come to the aid of other Parties to this Agreement as permitted in Minnesota Statutes §471.59 and Minnesota Statutes §12.331. This Agreement is limited to the named Parties only and does not extend to the State Department of Public Safety or any other political subdivisions of the State of Minnesota. 11. Definitions The capitalized terms in this Agreement shall have the following meanings: Emergencv means any disaster including, but not limited to, a multi -alarm fire; casualty involving the damage, collapse or destruction of private or public infrastructure; accident or occurrence involving one or more modes of transportation including, but not limited to air, rail, vehicular or watercraft; civil disorder or disturbance; release of contaminates or pollutants, hazardous substances or hazardous waste that necessitates the evacuation of occupants from structures or some defined geographic area; any quarantine or limitation on the movement of persons due to disease or threat to health and safety of the general population; any threat to national security; "Disaster" and "Emergency" as defined in Minnesota Statutes §12.03; and "Emergency" and "Major disaster" as defined in 44 CFR Sections 206.2(a)(9) and (17). Incident Commander means the ranking peace officer designated by the Requesting Party to be responsible for overseeing the management of Emergency Responders and for the planning, logistics and finances at the field level during an Emergency. Police Officer means any of the law enforcement personnel of the Parties. Providing Party means the entity that provides mutual aid assistance to the Requesting Party. Requesting Party means the entity that requests mutual aid assistance under this Agreement. Self -Deployment means deploying resources without a request for mutual aid assistance from a Requesting Party. State means the State of Minnesota. III. Assistance A Party may request assistance from any other Party to respond to an Emergency or as a participant in drills or exercises authorized under legislation or this Mutual Aid Agreement. A request for Emergency assistance shall be made by a Requesting Party to a Providing Party by contacting its chief executive officer or his/her designee. Requests may either be verbal or in writing. Any verbal requests will be followed by a written request made by the Requesting Party to the Providing Party's chief executive officer or designee as soon as practical or within such period of time as provided by law. Requests and responses to requests under this Agreement are limited to law enforcement services, equipment, supplies, and related resources. In the case of an Emergency for which a Requesting Party will seek reimbursement of costs from the Federal Emergency Management Agency (TEMA), the Requesting Party shall make the request for assistance to each Providing Party and the Incident Commander shall monitor and oversee the documentation of the performance of Emergency work and the documentation of reasonable and reimbursable costs of a Providing Party in accordance with the FEMA Disaster Assistance Policy and will disburse the federal share of funds owed to a Providing Party. In response to a request for assistance under this Agreement, a Providing Party may authorize and direct personnel to go to the assistance of a Requesting Party. The Providing Party shall 2 provide personnel who possess the required qualifications along with the equipment and supplies of the Providing Party to the Requesting Party at the discretion of the Providing Party and as otherwise deemed necessary by the Requesting Party and the Incident Commander. IV. Workers' Compensation Each Party will be responsible for injuries or death of its own personnel. Each Party will maintain workers' compensation insurance or a program of self-insurance covering its own personnel 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 volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. V. Damage to Equipment Each Party shall be responsible for damages to or loss of its own equipment used to respond to an Emergency under 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 or losses were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. V t. Charges to the Requesting Party A. If a local, state, or federal Emergency is declared, a Providing Party will charge a Requesting Party for assistance rendered under the terms of this Agreement. The Providing Parties will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided, including salaries, overtime, materials and supplies and other necessary expenses, and the Requesting Party will reimburse the Providing Party for that amount. B. Such charges are not contingent upon the availability of federal or state government funds or the declaration of a major disaster or emergency by the Federal government. C. No Party will be responsible for the reimbursement of Self Deployment costs. D. If there is no formal Emergency declaration, a Party may still provide mutual aid as requested by another Party, with or without reimbursement as mutually agreed upon by the involved Parties, and pursuant to all other terms of this Agreement. 9 VII. Limitations A Party's decision to provide assistance in response to, or recovery from, an Emergency, or in authorized drills or exercise is subject to the following conditions: 1. A Party may withhold resources to the extent necessary to provide reasonable protection and services within its own jurisdiction. 2. A Providing Party may recall assistance at any time in the best interests of that Party. 3. Emergency response personnel of a Providing Party shall follow the policies and procedures of the Providing Party and will be under the Providing Party's command and control, but will follow the operational direction of the Incident Commander and be subject to the incident management system of the Requesting Party. 4. Assets and equipment of a Providing Party shall remain under the control of the Providing Party, but shall be under the operational control of the Incident Commander within the incident management system of the Requesting Party. V III. Term of Agreement This Agreement shall be in full force and effect from January 1, 2014, through December 31, 2022, subject to Section XV Withdrawal of Party/Termination of Agreement. IX. Liability and Indemnification For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees and officers of a Providing Party are deemed to be employees (as defined in Minn. Stat. §466.01, subdivision 6) of the Requesting Party. The Requesting Party agrees to defend and indemnify Providing Parties against any claims brought or actions filed against a Providing Party or any officer, employee, or volunteer of a Providing Party 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. 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 on liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The limits of liability for some or all of the Parties may not be added together to determine the maximum amount of liability for any Party. 'The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify Providing Parties for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of 4 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. No Party to this Agreement or any officer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish assistance to any other Party, or for recalling assistance, both as described in this Agreement. Nothing in this Agreement is intended to prevent or hinder the pursuit of applicable state or federal benefits to personnel who respond or render assistance pursuant to an Emergency request and sustain injury or death in the course of, and arising out of, their employment and response or assistance under this Agreement. Providing Parties shall not be responsible for any injuries, damages or losses arising from the acts or omissions of personnel of the Requesting Party and its officers, employees, agents and assigns. X. General Compliance All Parties agree to comply with all applicable federal, state and local laws and regulations governing any services provided under this Agreement. Xl. Accounting Standards and Retention of Records A. Accountine — All Parties agree to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices and as required by FEMA to properly account for expenses incurred under this Agreement. B. Retention of Records — All Parties will retain all records pertinent to expenditures incurred Linder this Agreement as required by the applicable records retention schedule approved by the Minnesota Records Disposition Panel. XII. Data Practices All Parties agree to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. Each Party must immediately report to other Parties any requests from third parties for information relating to activities performed pursuant to this Agreement. Each Party agrees to promptly respond to inquiries from other Parties concerning data requests. Each Party agrees to hold the other Parties, their officers and employees harmless from any claims resulting from unlawful disclosure or use of data protected under state and federal laws by the Party. 5 XIII. Applicable Law The laws of the State of Minnesota shall govern all interpretations of this Agreement and any litigation which may arise under this Agreement will be venued in Ramsey County, Minnesota. XIV. Non -Discrimination All Parties agree to comply with the provisions of all applicable federal and state statutes and regulations pertaining to civil rights and nondiscrimination including, without limitation, Minnesota Statutes §, Section 181.59 and Chapter 363A. XV. Withdrawal of Party/Termination of Agreement A. Without Cause. A Party may withdraw from this Agreement without cause upon thirty (30) days written notice to the designated recipients for the other Parties. If withdrawal is without cause, the Parties shall pay the withdrawing Party all reimbursements and payments to which it is entitled under this Agreement, to the date of withdrawal. Any withdrawing Party must also pay all obligations owed to any other Party under this Agreement, to the date of withdrawal. B. For Cause. A Party may terminate this Agreement if another Party fails to perform in accordance with the provisions of this the Agreement in a proper and timely manner, or otherwise violates the terms of this Agreement. The non -defaulting Party shall have the right to terminate this Agreement, if the default has not been cured after ten (10) days written notice has been provided. C. Withdrawal of a Party will not terminate, invalidate, or otherwise change the terms of this Agreement with respect to all remaining Parties. D. This Agreement shall terminate upon expiration of the Term or by mutual written agreement of all Parties in the form of a resolution by the Party's governing body. XVI. Severability Should a court of competent jurisdiction rule any portion, section or subsection of this Agreement invalid or nullified, that fact shall not affect or invalidate any other portion, section or subsection; and all remaining portions, sections or subsections shall remain in full force and effect. 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. FOR THE CITY OF SAINT PAUL Approved Thomas Smith, Chief of Police Approved - Chri pher Coleman, Mayor Approved Todd Hurley, Financial Services Approved as to Fear By: istant ty Att ey Designee for purposes of receipt of Notice: Kathy Wuorinen Title: Assistant Chief of Police, Support Services and Administration Address: 367 Grove Street, Saint Paul MN 55101 7 FVRMSEY COUNTY McDonough, Chair amsey County Board of Commissioners Bonnie Jackelen, C ' f C rk Ramsey County of Commissioners Date: 6 / Approval recommended: 07 9 e-, got -4;;;; 117//� M Bostroi , eriff Approved as to Form: / Ass tant County A torney Designee for purposes of receipt of Notice: Title: Address: 5- C eVc 1 Rev April 8, 2010 FOR THE CITY OF MAPLEWOOD Approved as to Fo 1 By: L Approved Approved Approved N�c " .� Finance Director Designee for purposes of receipt of Notice: Title: Chief of Police Address: 1830 Cojmty Road B East Maplewood, MN 55109 FOR THE CPI'Y OF MOUNDS VIEW Approved as to Form By: / /V/A Approved Approved Approved Assistant: City Attorney �ii�Ge-Iasi-ecto� C�-'1�-�.V ly�fn�tN-ls�L^p;�,V' Designee for purposes of receipt of Notice: Title: Address: 10 FOR THE CITY OF NEW BRIGHTON Approved as to Form By: _ �- City Attorney Approved Mayor ,� Approved City Manager Designee for purposes of re ei of Notice: Bob Jacobson Title: Director of Public Safety Address: 785 0ld Highway 8 NW, New Brighton MN 55112 11 FOR THE CITY OF NORTH SAINT PAUL Approved as to Form By: City Attorney kl'Kze Approved Chief of P ice Approved Mayor Approved - Va-_ City an ger Designee for purposes of receipt of Notice: Title: C F 1 , 04 a' i 62 Vr ar- T Address:J)66 5 FOR THE CITY OF ROSEVILLE Approved as to Form Approved Mayor Dan'Dan'o J. Roe Approved Approved Patrick J. of Police Rick Designee for purposes of receipt of Notice: Rick Mathwig, Chief of Police 2660 Civic Center Drive, Roseville MN 55113 13 FOR ST. ANTHONY VILLAGE Approved as to Form Approved: Mayor Approved: V-4 - Cit anager Approved: Designee for purposes of receipt of Notice: Title: City Clerk -- Barb Suciu Address: 3301 Silver Lake Road, St. Anthony, MN 55418 14 FOR THE CITY OF WHITE BEAR LAKE Approved as to Form By. -7 J Approved Approved Approved Finance Director Designee for purposes of receipt of Notice: Title: City Clerk, Mary Amidon Address:. 4701 Highway 61, White 1Rear Lake HN 5 110 15