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IV.8. Approve Public Works Joint Powers Mutual Aid Agreement; StadlerGITY OF September 10, 2018 N O P K I N S Council Report 2018-099 Approve Public Works Joint Powers Mutual Aid Agreement Proposed Action. Staff recommends adoption of the following motion: Move that Council adopt Resolution 2018- 074, Public Works Joint Powers Mutual Aid Aqreement between the City of Hopkins and other participatinq Cities. Overview. This is a no-cost, no-obligation agreement which sets common conditions across a consortium of cities to allow any participating city to request resources from any other participating governmental unit in support of emergency operations or any other need, including routine circumstances like training or maintenance operations. Additionally, the City of Hopkins could also participate by being a sending party wherein we could provide assistance to another participating organization in need. The Hennepin County Emergency Management office will serve as the administrative coordinator for the agreements. The agreement language was developed through discussions with several cities and has been reviewed and approved by the associated legal staffs, including the City of Hopkins City Attorney's office. To-date, participating cities in the west metro include Plymouth, Eden Prairie and Edina. A summary of the agreement terms/conditions is in the attached "Quick Facts" sheet. Supportinq Information. • PW Mutual Aid Agreement Quick Facts • Proposed Joint Powers Mutual Aid Agreement • Resolution 2018-074 Steven J. Stadler Public Works Director Financial Impact: n/a Budgeted: Y/N n/a Source: Related Documents (CIP, ERP, etc.): Notes: � Minnesota Statewide Public Works Mutual Aid Agreement Quick Facts • There is no membership or other fixed cost to participate in this agreement. + The Joint Powers Agreement specifically allows a requesting party to select the resources that best meets the needs of a given situation. • Only governmental units as defined by Minnesota Statues, Section 471.59, subd. 1 or a "municipality" as defined by Minnesota Statutes, Section 466.01, subd. 1 are eligible to participate. • A requesting party may individually call upon any other participating party for mutual aid. There is no requirement to make requests through a particular party or that an emergency be dectared. • The Joint Powers Agreement should not be interpreted as restrictive in providing resources to deal with only major catastrophic situations. Participating parties can utilize the resources for many reasons including routine circumstances such as training efforts, maintenance operations, and back-up support service. • The decision as to when to invoke mutual aid and whether to respond is left to the discretion of the requesting or sending party. � For liability reasons, management of a mutual aid situation is under the control of the requesting party. • The sending party has discretion whether to provide personnel or equipment and can recall such assistance at any time. � Hennepin County Emergency Management ("HCEM") has volunteered to serve as the administrative coordinator of the pact. They have the largest EM staff of any County EM Department in the State. • There is no grace period for costs, so if mutual aid is requested the cost clock can start as soon as resources roll. That said, the agreement says that "charges mav be levied", so it is optional for the sending City to bill. The reason that it is written this way is that traditionally Cities help each other in-kind. But in some extraordinary situation, costs may need to be recovered due to the scope of the response provided. That said, any joint training effort is exempt from billing. • Each Party shall be responsible for its own personnel and equipment and for injuries or death to any such personnel or damage to any such equipment. Responding personnel shall be deemed to be performing their regular duties for each respective Sending Party for purposes of workers' compensation. STATE OF MINNESOTA PUBLIC WORKS MUTUAL AID PACT TABLE OF CONTENTS FOREWORD 2 PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT 4 I. GENERALPURPOSE 4 II. DEFINITION OF TERMS 4 III. PARTIES 5 IV. PROCEDURE 5 V. RESPONSIBILITY AND LIABILITY 6 VI. EFFECTIVE DATE AND MODIFICATIONS 7 VII. WITHDRAWAL AND TERMINATION 7 i PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT FOREWORD The general purpose of this Public Works Joint Powers Mutual Aid Agreemeni ("Agreement") is to provide a process for units of government to share public works personnel and equipment with other agencies within the State of Minnesota. This Agreement specifically allows a requesting party to select the resources that best meets the needs of a given situation. A requesting party may call upon any other participating party for mutual aid. There is no requirement to make requests through a particular party. In addition, this Agreement should not be interpreted as being limited to providing resources to deal with only major catastrophic situations. Participating parties can utilize the resources for many reasons including routine circumstances such as training efforts, maintenance operations, joint-projects, and back-up support service. This Agreement provides the flexibility for all units of government to use the resources located among all participating parties in the State of Minnesota. The decision as to when to invoke mutual aid and whether to respond is left to the discretion of the requesting or sending party. Each unit of government should acquaint supervisory personnel with any internal procedures used for mutual aid. While the Joint Powers Agreement does not require particular words or actions to initiate mutual aid, agencies should be clear about whether mutual aid is being requested and what type of assistance is requested. The responding agency should also be clear about what, if any, assistance they will provide in response to the request. Parties should not self-deploy. Furthermore, each staff member within a department should have a basic familiarity with mutual aid, the responsibilities when reporting to another unit of government and the protections afforded under the unit of government's workers' compensation. For liability reasons, management of a mutual aid situation is under the control of the requesting party. However, the sending party has discretion whether to provide personnel or equipment and can recall such assistance at any time. While there is no hard and fast time limit related to requests for mutual aid, the commi#ment of resources can be taxing on agencies. In addition, in some situations an advantage can be gained by ending a mutual aid request and entering into a different form of contractual assistance. In order to keep this mutual aid agreement closer to local level of government, Hennepin County Emergency Management ("HCEM") has volunteered to serve as the administrative coordinator for the units of government entering into this Agreement. When a community adopts this Agreement a fully executed copy of the Agreement needs to be forwarded to HCEM. Each unit of government is responsible for entering and updating available unit of government resources. Resources will now be listed online in a mutually agreed upon resource management database. The parties to this Agreement are solely responsible for updating their available resources in the agreed upon database. 2 The effective date for this Agreement is October 1, 2018. This date was established to allow enough time for agencies to receive the appropriate authority. Participation can be started upon execution of the Agreement and is effective for a unit of government upon its submission of the signed Agreement to HCEM. Agencies that elect not to participate in the Agreement may be bound by other existing mutual aid agreement or state statutes. PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT This Public Works Joint Powers Mutual Aid Agreement ("AgreemenY') is formed and entered into effective as of the 1 St day of October, 2018 by and among the governmental units that have executed this document as evidenced by the signature pages attached hereto (indiviclually, a"Party" and collectively, the "Parties"). I. GENERAL PURPOSE The general purpose of this Agreement is to provide a means by which a Party may request and obtain public works assistance from one or more other Parties when the Party determines such public works assistance is necessary. This Agreement is made pursuant to Minnesota Statutes, section 471.59, which authorizes the joint or cooperative exercise of powers common to the Parties. II. DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the following meanings: Subd. 1. Eliaible Partv. "Eligible Party" means a"governmental unit" as defined by Minnesota Statues, section 471.59, subdivision 1. Subd. 2. Public Works Assistance. "Public Works Assistance" means equipment and personnel including, but not limited to, licensed staff, professional engineers, and non-licensed personnel that are used for activities related to streets, water, stormwater, wastewater, sewers, parks, transit, buildings/facilities, airports, and all other public works programs. Subd. 3. Partv and Parties. "Party" means an Eligible Party that elects to participate in this Agreement by the authorization of its governing body. "Parties" means more than one Party to this Agreement. Subd. 4. Reauestina Official. "Requesting Official" means a person who is designated by the Requesting Party to request Public Works Assistance from another Party. Subd. 5. Reauesting Partv. "Requesting Party" means a Party that requests Public Works Assistance from another Party. Subd. 6. Sending Official. "Sending Official" means a person who is designated by a Party to determine whether and to what extent that Party should provide Public Works Assistance to a Requesting Party. Subd. 7. Sending Party. "Sending Party" means a Party that provides Public Works Assistance to a Requesting Party. Subd. 8. HCEM. "HCEM" means the Hennepin County Emergency Management or designee. 4 III. AP RTIES The Parties to this Agreement shall consist of as many Eligible Parties that have approved this Agreement by October 1, 2018. Additional Eligible Parties shall become a Party on the date this Agreement is approved and executed by the Party's governing body. Upon approval by a Party, the executed signature page of this Agreement shall be sent to the HCEM along with a resolution approving this Agreement. IV. PROCEDURE Subd. 1. Desianate Officials. Each Party shall designate, and keep on file with the HCEM, the name of the person(s) of that Party who shall be its Requesting Official and Sending Official. A Party may designate the same person as both the Requesting Official and the Sending Official. Also, a Party may designate one or more persons to serve as an alternate in the absence of a designated official. Subd. 2. Reauest for Assistance. Whenever, in the opinion of a Requesting Official of a Party, there is a need for Public Works Assistance from another Party, such Requesting Official may, at his or her discretion, call upon the Sending Official of any other Party to furnish Public Works Assistance. Subd. 3. Resqonse. Upon the receipt of a request for Public Works Assistance from a Party, the Sending Official may authorize and direct personnel and equipment of the Sending Party be sent to the Requesting Party. Whether the Sending Party provides such Public Works Assistance to the Requesting Party and, if so, to what extent such Public Works Assistance is provided shall be determined solely by the Sending Official (subject to such supervision and direction as may be applicable within the governmental structure of the Party by which they are employed). Failure to provide Public Works Assistance will not result in liability to a Party and each Party hereby waives all claims against another Party for failure to provide Public Works Assistance. Subd. 4. Back-Up Assistance. When a Sending Party provides Public Works Assistance under the terms of this Agreement, it may in turn request Public Works Assistance from other Parties as "back-up" during the period it is it outside of its jurisdiction providing Public Works Assistance to the original Requesting Party. Subd. 5. Recallina Assistance. Whenever a Sending Party has provided Public Works Assistance to a Requesting Party, the Sending O�cial may at any time recall its personnel and equipment, or any part thereof, if the Sending Official in his or her best judgment deems such recall is necessary to provide for the best interests of the Sending Party's community. Such action will not result in liability to any Party and each Party hereby waives all claims against another Party for recalling Public Works Assistance. Subd. 6. Command of Scene. The Requesting Party shall be in command of all situations where Public Works Assistance is provided. The personnel and equipment of the Sending Party shall be under the direction and control of the Requesting Party until the Sending Party withdraws Public Works Assistance or the Public Works Assistance is no longer needed. Subd. 7. Charaes. Charges may be levied by a Sending Party for Public Works Assistance rendered to a Requesting Party under the terms of this Agreement. The Sending Party may submit to the Requesting Party an itemized bill for the actual cost of any Public Works Assistance provided, including salaries, overtime, materials, and supplies, equipment operation, and other necessary expenses. The Requesting Party will reimburse the Sending Party providing the Public Works Assistance for that amount or other such amount as mutually negotiated. Such charges are not contingent upon the availability of federal or state government funds. A Party may request a list of rates from another Party prior to requesting assistance. No charges shall apply to joint training events unless the Parties participating in the particular event agree to a charge in writing prior to the event. V. RESPONSIBILITY AND LIABILITY Subd. 1. Personnel. Each Party shall be responsible for its own personnel and equipment, and for injuries or death to any such personnel or damage to any such equipment. Responding personnel shall be deemed to be performing their regular duties for each respective Sending Party for purposes of workers' compensation. Subd. 2. Worker's Comnensation. Each Party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing Public Works Assistance pursuant to this Agreement. Each Party, and where applicable its insurer or coverage provider, waives the right to sue any other Party for any worker's compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries or death were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. Subd. 3. Damage to Eauipment. Each Party shall be responsible for damages to or loss of its own equipment. Each Party, and where applicable its insurer or coverage provider, 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. Subd. 4. Lia 'I' . For the purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes, Chapter 466), the employees and officers of the Sending Party are deemed to be employees (as defined in Minnesota Statutes, section 466.01, subdivision 6) of the Requesting Party. The Requesting Party agrees to defend and indemnify the Sending Party against any claims brought or actions filed against a Sending Party or any officers, employees, or volunteers of a Sending Party for injury or death to any third person or persons or damage to the property of third persons arising out of the performance and provision of Public Works Assistance pursuant to the Agreement. Under no � circumstances, however, shall a Party be required to pay, on behalf of itself and other Parties, any amount in excess of the limits of 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, as provided in Minnesota Statutes, section 471.59, subdivision 1 a, 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 a Sending Party for claims arising within the Requesting 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 the Parties and to permit liability claims against the Parties from a single occurrence to be defended by a single attorney. However, the Sending Party, at is option and its own expense, shall have the right to select its own attorney or approve a joint attorney as appropriate, considering potential conflicts of interest. Nothing in this Agreement is intended to constitute a waiver of any immunities and privileges from liability available under federal law or the laws of Minnesota. If a court determines that the liability of a Party or Parties is not subject to the tort caps and liability exceeds the tort cap maximum, a Party shall be subject to liability only for the acts of its officers, employees and volunteers. No Party to this Agreement nor any official, employee or volunteer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish Public Works Assistance or for recalling Public Works Assistance. VI. EFFECTIVE DATE AND MODIFICATIONS This Agreement shall become effective and operative beginning at 12:01 A.M., local time on October 1, 2018. The HCEM shall maintain a current list of the Parties to this Agreement and, whenever there is a change, shall notify the designated Sending Officials. Notice may be sent to the Sending Officials via email or through the United States Postal Service. No modification of this Agreement shall be effective unless it is reduced to writing and is approved by action of the governing body of each of the then current Parties. VII. WITHDRAWAL AND TERMINATION A Party may withdraw from this Agreement by its governing body adopting a resolution to withdraw. Withdrawal is effective after 30 days' written no#ice is provided to the HCEM. HCEM shall thereupon give notice of such withdrawal, and the effective date thereof, to all other Parties. Parties that have withdrawn may rejoin by following the procedure set forth in this Agreement. This Agreement will terminate with respect to all Parties if the total number of Parties to the Agreement falls below 11. HCEM shall notify the remaining Parties that the Agreement has terminated. IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies, caused this Agreement to be approved on the dates below. Entity: City of Hopkins, Minnesota Mailing Address: City of Hopkins 10101StStS Hopkins, MN 55343 Adopted on the 18t" day of September, 2018. Attest: � Its: 0 By: Its: By: its: CITY OF HOPKINS, MINNESOTA RESOLUTION NO. 2018-074 RESOLUTION APPROVING PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT WHEREAS, the Public Works Joint Powers Mutual Aid Agreement will allow the City of Hopkins to request aid from other cities in the event the City does not have the necessary resources to respond to an event or situation, and WHEREAS, there is no membership or other fixed cost to participate in this agreement and the decision to invoke mutual aid or respond to another city's request for mutual aid is left to the discretion of the requesting or sending party, and WHEREAS, Hennepin County Emergency Management has volunteered to serve as the administrative coordinator of the mutual aid pact between cities, and WHEREAS, each party is responsible for its own personnel and equipment and for injuries or death to any such personnel or damage to any such equipment, and WHEREAS, the mutual aid requesting party is obligated, if agreed to with responding party, to reimburse the responding party for all actual equipment use, material, labor, and operational costs accrued as a result of a response. NOW, THEREFORE, BE IT RESOLVED the Hopkins City Council approves entering into the Public Works Joint Powers Mutual Aid Agreement. ADOPTED by the Hopkins City Council on September 18, 2018. Mayor ATTEST: City Clerk 504606v1 JAE HP110-98