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IV.8. Cooperative Agreement with the Minnesota Statewide All Hazards Incident Management Organization; SpeckenJuly 20, 2021 Council Report 2021-063 Cooperative Agreement with the Minnesota Statewide All Hazards Incident Management Organization Proposed Action Staff recommends adoption of the following motion: Move to adopt Resolution 2021-034. Overview This resolution is to enter into a cooperative agreement with the Minnesota Statewide All Hazards Incident Management Team. (AHIMT). The Command Staff of the Hopkins Fire Department are members of the MNAHIMT Team. The team members respond to emergencies in and outside of Minnesota. The purpose of this resolution is for training, equipping, maintaining, and deploying Team Members to incidents inside and outside the State of Minnesota as may be requested by a local agency or other governmental units. The intent of this Cooperative Agreement is to make equipment, personnel, and other resources available from Participants to the requesting agencies and governmental units. Primary Issues to Consider • The agreement keeps the Hopkins Fire Command Staff a part of the MNAHIMT team. Helps them continue to train with the team and respond with in the state and outside the state if needed Supporting Information • Resolution 2021-034 ___________________________ Dale Specken Fire Chief Financial Impact: $____________Budgeted: Y/N ____ Source: ________________ Related Documents (CIP, ERP, etc.): _______________________________________ Notes: _______________________________________________________________ CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2021-034 A RESOLUTION APPROVING THE COOPERATIVE AGREEMENT FOR THE MINNESOTA STATEWIDE ALL-HAZARDS INCIDENT MANAGEMENT ORGANIZATION WHEREAS, the Minnesota Statewide All-Hazards Incident Management Organization is an organization of Minnesota cities, counties, certain nonprofits, and other governmental entities who agree to make available their employees, agents, volunteers, or contractors to be rostered for deployment and activated to respond to incidents inside and outside the State of Minnesota as requested by another local agency or unit of government; and WHEREAS, the Minnesota Statewide All-Hazards Incident Management Organization Cooperative Agreement governs the organization and outlines the duties and responsibilities of the participants in the organization; and WHEREAS, Hopkins’ participation in the Minnesota Statewide All-Hazards Incident Management Organization will benefit Hopkins and other governmental units and agencies in the State of Minnesota. NOW THEREFORE BE IT RESOLVED by the City of Hopkins as follows: 1. Hopkins Fire Department participation in the Minnesota Statewide All-Hazards Incident Management Organization is hereby approved. 2. The Cooperative Agreement for the Minnesota Statewide All-Hazards Incident Management Organization is hereby approved and a signature page shall be executed by City of Hopkins and delivered to the Operating Committee as provided in the Cooperative Agreement. Adopted the City of Hopkins on the 20th day of July, 2021. By:___________________________ Jason Gadd, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk April 2021 COOPERATIVE AGREEMENT MINNESOTA STATEWIDE ALL-HAZARDS INCIDENT MANAGEMENT ORGANIZATION 1. PURPOSE The purpose of this Cooperative Agreement is to establish the Minnesota Statewide All-Hazards Incident Management Organization for the purpose of training, equipping, maintaining, and deploying Team Members to incidents inside and outside the State of Minnesota as may be requested by a local agency or other governmental unit. The intent of this Cooperative Agreement is to make equipment, personnel, and other resources available from Participants to the requesting agencies and governmental units. The Participants hereto do not intend, and this Cooperative Agreement shall not be construed, to form a joint powers entity pursuant to Minn. Stat. § 471.59. 2. DEFINITIONS The following definitions apply to this Cooperative Agreement: 2.1 “Minnesota Statewide All-Hazards Incident Management Organization” or “IMO” – The Participants who will or may provide Team Members who may be available to be rostered or activated to provide Assistance to support incident management activities pursuant to this Agreement. 2.2 “All-Hazards Incident Management Team” or “IMT” – A group of Team Members who are rostered for deployment or are deployed to provide Assistance to support incident management activities pursuant to this Agreement. 2.3 “Team Member” – A trained and qualified person who is employed by, contracted to, or volunteering with a Participant, who is or may be available to be activated to support incident management activities pursuant to this Agreement. 2.4 “Participant(s)” – Any “governmental unit” as that term is defined in Minn. Stat. § 471.59, subd. 1(b) that is a signatory to this Agreement. 2.5 “Requesting Entity” – Any public agency or governmental unit, whether located within or outside of the State of Minnesota, that requests incident management support from the IMO. 2.6 “Assistance” – Incident management support activities, which may include but are not limited to: public works personnel and equipment; fire and/or emergency medical services personnel and equipment; law enforcement personnel and equipment; utility personnel and equipment; incident organization; command; operations; planning; logistics; and finance/administration. 2 2.7 “Operating Committee” – The group of individuals designated in this Agreement to receive requests for Assistance from a Requesting Entity and organize the deployment of an IMT. 3. Operating Committee 3.1 Functions. The IMO will be administered by the Operating Committee. The Operating Committee will receive requests for Assistance from a Requesting Entity and facilitate the deployment of an IMT to provide the requested Assistance. The Operating Committee may also organize and facilitate the training of Team Members to provide incident management support. 3.2. Composition. All members of the Operating Committee must be employees or representatives of a Participant. The initial Operating Committee will be comprised of the following individuals: Terry Stoltzman, Anoka County Chris Breitbach, Allina Health Lance Ross, North Memorial Wayne Kewitsch, Anoka County Jeff Lanenberg, Allina Health Trevor Hamdorf, City of New Brighton Marlyn Halverson, Carlton County Kristi Rollwagen, Metropolitan Airports Commission Greg Hayes, Mdwakenton Public Safety Scott Gerber, City of Eden Prairie 3.3 Vacancies. A vacancy on the Operating Committee must be filled by the majority vote of the remaining members of the Operating Committee. 3.4 Meetings. The Operating Committee will meet as needed, but at least quarterly, to discuss any matters related to the IMO. 3.5 Operations Manager. The Operating Committee must designate one of its members as the “Operations Manager,” who will be the contact person for receiving requests for Assistance. The initial Operations Manager will be Terry Stoltzman from Anoka County. The Operating Committee may designate a different Operations Manager at any time by the majority vote of its members. 3.6 No Other Power or Authority. The Operating Committee will have no authority to receive or expend funds, to enter into contracts, to hire employees, to purchase or otherwise acquire and hold real or personal property, or to sue another entity or individual. 3.7 Procedure. Upon receiving a request for Assistance, the Operations Manager must report the request to the other members of the Operating Committee. The Operating 3 Committee will then consult with the Participants to assemble an IMT to respond to the request. A Participant is not required to provide Team Members to response to any particular request. 4. Participants; Liability; Insurance; Indemnification 4.1 Participants. Any governmental unit (as defined in Minn. Stat. § 471.59, subd. 1(b)) may become a Participant in the IMO by providing a signature page to the Operating Committee that has been duly executed by those person(s) having authority to enter into this Cooperative Agreement on behalf of the unit or entity. The Operating Committee must maintain a current roster of all Participants. 4.2 Responsibility for Employees. Any employee, agent, volunteer or contractor of a Participant engaged in providing Assistance under this Cooperative Agreement shall not be considered an employee, agent, volunteer or contractor of any other Participant for any purpose, including worker’s compensation and other claims that may or might arise out of the employment context. All claims made against a Participant as a result of any act or omission of an employee, agent, volunteer or contractor of the Participant while the employee is engaged in providing Assistance under this Cooperative Agreement are not the obligation or responsibility of any other Participant. 4.3 Indemnification. No Participant is liable for the acts or omissions of another Participant under this Cooperative Agreement, unless the Participant has agreed in writing to be responsible for the acts or omissions of another Participant. Each Participant agrees to defend, indemnify, and hold harmless the other Participants against any and all claims, liability, loss, damage, or expense, including reasonable attorney’s fees, resulting from or arising under this Cooperative Agreement and caused by or resulting from negligent acts or omissions of the Participant and/or those of its employees, agents, volunteers, or contractors. To the extent a Participant is a “municipality” covered by Minnesota Statutes Chapter 466, under no circumstances may the Participant be required to pay on behalf of itself and any other Participant any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Participant. To the extent a Participant is a federally recognized sovereign Native American tribe or a department or agency thereof (a “Tribal Participant”), under no circumstances may such Tribal Participant be required to pay on behalf of itself and any other Participant any amounts in excess of the limits on liability established by a tribal ordinance or law limiting the tort liability of such Tribal Participant. 4.4 Worker’s Compensation. No Participant will be responsible for injuries to or death of any employee, agent, volunteer, or contractor of another Participant who provides Assistance as part of an IMT. Each Participant must maintain workers’ compensation insurance or self-insurance coverage, covering its own employees and volunteers while they are providing Assistance pursuant to this Cooperative Agreement and must require contractors and agents to provide workers’ 4 compensation coverage as required by law. Each Participant waives the right to sue any other Participant for any workers’ compensation benefits paid to its own employees, agents, volunteers, contractors, or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Participant or its officers, employees, agents, volunteers, or contractors. 4.5 EMAC Deployment. Any Team Member engaged as a member of the IMO and deployed as part of a request under the Interstate Emergency Management Assistance Compact (“EMAC”) is afforded all the protections and coverage as stated in Minnesota Statutes Sections 192.89–192.91. 4.6 Specialized Emergency Response Team Deployment. Any Team Member engaged as a member of the IMO and deployed as part of a specialized emergency response team under Minnesota Statutes Section 12.351 shall be deemed an employee of the state as provided by section 12.351. 4.7 No Compensation from IMO. Participants and Team Members are not entitled to compensation from the IMO for providing Assistance under this Cooperative Agreement. 5. Equipment 5.1 Ownership. Neither the IMO nor the Operating Committee shall own or control any personal property that may be used by an IMT in providing Assistance under this Cooperative Agreement. Individual Participants may purchase and maintain equipment designated exclusively or non-exclusively for IMT purposes, but such equipment will be owned and deployed solely by that Participant. A Participant owning property designated for IMT purposes is solely responsible for the maintenance, repair, replacement, and insurance of the property. 5.2 Damage. Each Participant will be responsible for damages to or loss of its own equipment. Each Participant waives the right to sue any other Participant for any damages to or loss of its equipment even if the damages or losses were cause wholly or partially by the negligence of any other Participant or its officers, employees, agents, volunteers, or contractors. 6. Effective Date; Duration; Withdrawal; Termination 6.1 Effective Date. This Cooperative Agreement will become effective upon the approval and signature of any two Participants and will become binding upon the remaining Participants on the dates of the approval of each of them. 6.2 Duration. This Cooperative Agreement will remain in full force and effect until it is terminated in the manner provided in section 6.4. 5 6.3 Withdrawal. Any Participant may withdraw from this Cooperative Agreement upon thirty (30) days’ written notice to the other Participants and the Operating Committee. 6.4 Termination. Notwithstanding the Participants’ authority to withdraw, this Cooperative Agreement and the IMO created hereby will continue in force until all remaining Participants mutually agree to terminate or revise this Cooperative Agreement. If only one Participant remains, this Cooperative Agreement will terminate automatically and the IMO will cease to exist. IN WITNESS WHEREOF, each Participant has executed this Cooperative Agreement on the date indicated. 6 Signature Page to Statewide All-Hazards Incident Management Organization Cooperative Agreement PARTICIPANT: ___________________________________ Contact Person: ___________________________________ Email: ______________________________ Phone Number: _______________________ Executed by: _________________________________ Printed Name: _____________________ Title: ____________________________ Date: ____________________________ _________________________________ Printed Name: _____________________ Title: ____________________________ Date: ____________________________ Please provide executed signature pages to the Operating Committee, attention Terry Stoltzman, at 2100 3rd Avenue, Suite 700, Anoka, MN 55303.