CR 09-006 Approve Twin City Environmental Health Mutual Aid AgreementFebruary 12, 2009 Council Report No. 2009 -006
Approve Twin City Environmental Health Mutual Aid Agreement
Proposed Action.
Staff recommends the Council approve the following motion: Move to approve and enter into the Twin Cities
Public Health and Environmental Health Mutual Aid Agreement
Overview.
Increased awareness of the need to prepare for public health emergencies and to have continual coverage
in non - emergency times has prompted 11 Community Health Boards in the metro area to develop a
Mutual Aid Agreement. This initial Public Health Mutual Aid Agreement has recently been amended to
include environmental health. As a governmental unit with environmental health responsibilities, the City
of Hopkins has been invited to join this mutual aid agreement.
Primary Issues to consider
• Current Health Inspector's capacity to handle an environmental disaster
• Minnesota Department of Health requirement for continual inspection coverage in staff absence
SunaortinE Documents
Background of the Agreement
Mutual Aid Agreement
0
Christopher P. Kearney
Building Official
Financial Impact: $ Budgeted: Y/N _ Source:
Related Documents (CIP, ERP, etc.):
Notes:
Council Report 2009 -006
Page 2
Background
The purpose of the Environmental Health Mutual Aid Agreement is to strengthen the preparedness of the
public health and environmental health system in the Twin Cities metro area so that when emergencies
occur, public health and environmental health entities included in this agreement may come to the aid of
each other by providing personnel, equipment, and other resources. The agreement also would provide for
continual coverage in non - emergency times when staff is absent.
This Mutual Aid Agreement represents years of collaborative emergency response planning and discussion
among public health departments in the metro area from the following jurisdictions: Anoka County, Carver
County, Dakota County, Hennepin County, Ramsey County, Scott County, Washington County, City of
Minneapolis as well as Bloomington, Edina and Richfield. These 1 I jurisdictions have agreed to aid each
other in certain situations, including, but not limited to: public health and environmental emergencies. Aid
may include the use of personnel, equipment, supplies and /or services of a local public health or
environmental health entity to perform functions outside its jurisdictional limits as desirable and necessary
to preserve and protect the health, safety and welfare of the citizens of the State of Minnesota.
City of Hopkins is being invited to join this agreement under its existing terms and conditions. Because of
the multiple participating parties that have already signed the Agreement, the terms and conditions in the
Agreement's language can not be changed.
There are no funds involved in this agreement other than an option for the responding jurisdiction to
bill the requesting jurisdiction for actual cost of assistance provided, if assistance lasts more than eight
hours.
Current Health Inspections
Currently, the City's Health Inspector works 8 -14 hours per week on a contract basis and does a very fine job. In
the event a large environmental disaster took place, the Health Inspector would need assistance.
MDH Requirements
The Minnesota Department of Health now requires all inspectors be trained and registered as an Environmental
Health Specialist or Sanitarian. By entering into this agreement, the City would be covered with properly trained
people in case the current inspector was absent or could not handle the work load during an emergency situation.
Staff Review
The City Attorney has reviewed the Mutual Aid Agreement. Finance Director Christine Harkess and the
Insurance Agency for the City have reviewed the insurance requirements in the agreement and there are no
issues with meeting the requirements listed on pages 5 & 6.
Alternatives
1. Approve the Twin Cities Environmental Health Mutual Aid Agreement for signing by the Mayor and City
Manager.
2. Do not approve the Environmental Health Emergency, Mutual Aid Agreement.
Staff recommends Alternative #1.
HC Agreement N
Twin Cities Public Health and Environmental Health Entities in Minnesota
MUTUAL AID AGREEMENT
WHEREAS, pursuant to Minnesota Statutes Section 471.59, political subdivisions of the
State of Minnesota may jointly and cooperatively exercise powers common to each of the
contracting parties; and
WHEREAS, the original participating parties set forth on Exhibit A, attached hereto and
incorporated by this reference, executed the Twin Cities Public Health Departments in
Minnesota PUBLIC HEALTH MUTUAL AID AGREEMENT on or about February, 2007; and
WHEREAS, the parties agree that, in order to make changes to that agreement and in lieu
of an amendment, the parties, and any potential parties, including but not limited to those
possible additional parties set forth on Exhibit A or as otherwise provided, shall execute this
Twin Cities Public Health and Municipal Environmental Health Entities in Minnesota MUTUAL
AID AGREEMENT; and
WHEREAS, the purpose of this agreement is to strengthen the preparedness of the public
health and environmental health system in Minnesota; and
WHEREAS, the parties desire to simplify the defense of claims by eliminating conflicts
among defendants that are parties to this Agreement; and
WHEREAS, emergencies may occur in the future which will require local public health
and/or environmental health entities to come to the aid and assistance of other local public health
or environmental health entities; and
WHEREAS, the intent of this agreement is to make personnel, equipment, and other
resources available to political subdivisions in the event of an emergency, training, drill or
exercise; and
WHEREAS, the parties participating in this Agreement have determined that it is in their
best interests to assist one another in the event of an emergency, training, drill or exercise.
NOW, THEREFORE, in consideration of the foregoing, the participating parties agree as
follows:
I. PURPOSE
It is recognized and acknowledged that in certain situations, including but not limited to,
natural disasters, public health emergencies, technological hazards, man-made disasters,
civil emergencies, community disorders, insurgency or enemy attack, disease outbreaks,
special events, or trainings, drills or exercises in preparation for any of these
eventualities, the use of the personnel, equipment, supplies and/or services of a local
public health entity to perform functions outside its jurisdictional limits is desirable and
Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10 -31 -07
necessary to preserve and protect the health, safety and welfare of the citizens of the State
of Minnesota.
This Agreement only addresses assistance provided by a participating party in response to
a request made by a participating party and does not affect the applicability of Minn. Stat.
§ 12.331, Minn. Stat. § 12.33, or other pertinent laws to other activities that may be
undertaken by a political subdivision.
II. DEFINITIONS
For the purposes of this mutual aid agreement, the following terms shall be defined as
follows:
A. "Employee" means those personnel currently working for a party including,
elected and appointed officials, officers and volunteers who are registered with
and under the direction and control of that party as required by Minn. Stat.
§12.22, subd. 2a (a) (2005).
B. "Participating Party" means the local public health or environmental health
authority of a political subdivision that is a party to this Agreement.
C. "Requesting Official" means the person designated by a Participating Party who
is responsible for requesting Assistance from the other Participating Parties.
D. "Requesting Party" means a Participating Party that requests assistance from other
Participating Parties.
E. "Responding Official" means the person designated by a Participating Party who
is responsible to determine whether and to what extent that Participating Party
should provide assistance to a Requesting Party.
F. "Responding Party" means a Participating Party that provides assistance to a
Requesting Party.
G. "Assistance" means Public Health or Environmental Health personnel, equipment,
supplies and/or services.
III. PROVISION OF MUTUAL AID
A. Request for Assistance Whenever, in the opinion of a Requesting Official, there
is a need for assistance from other parties, the Requesting Official may call upon
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.
Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10 -31 -07
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.
Once assistance has been authorized, the Responding Party, within a reasonable
period of time, shall provide the Requesting Party with a written confirmation of
assistance including details regarding the personnel and resources to be provided
and when they will be available.
C. Recall and Release of Assistance The Responding Official may at any time
recall such as when in his or her best judgment or by an order from the
governing body of the Responding Party or its designee, it is considered to be 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 Requesting Party shall be in command of the mutual aid
scene. The personnel and equipment. of the Responding Party shall be under the
direction and control of the Requesting Party until the Responding Official
withdraws assistance.
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.
IV. LIABILITY
A. Each Requesting Party shall defend, indemnify and hold harmless a Responding
Party for claims arising within the Requesting Party's jurisdiction subject to the
limits of liability under Minnesota Statutes Chapter 466 and other applicable law,
rule, and regulation, including common law. The purpose of creating this duty to
defend, indemnify and hold harmless, is to simplify the defense of claims by
eliminating conflicts among defendants that are parties to this Agreement.
B. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466),
the employees and officers of the Responding Party are deemed to be employees
(as defined in Minn. Stat. § 466.01, subdivision 6) of the Requesting Party, 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.
C. The Requesting Party shall defend, indemnify and hold harmless the Responding
Party, its Employees, officers and elected and appointed officials against any and
all claims brought or actions filed against the Responding Party, its Employees,
officers and elected and appointed officials for injury to, death of, or damage to
Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10 -31 -07
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 statutory
limits of liability for some or all of the parties may not be added together or
stacked to increase the maximum amount of liability for any party.
D. Each Participating Party agrees to promptly notify the other Participating 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 other Participating Parties, and arising out of acts or omissions related
to this Agreement.
E. 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 or releasing assistance as described in this Agreement.
F. If a Participating Party utilizes contractors or agents to provide services or
assistance under this Agreement, the Participating Party shall execute a contract
with the contractor and agent including the following language. Failure to include
the following language shall constitute a material breach of this Agreement:
CONTRACTOR shall defend, indemnify, and hold harmless each
Participating Party in the Twin Cities Public Health and Municipal
Environmental Health Entities in Minnesota Mutual Aid Agreement, its
officials, officers, agents, volunteers and employees from any liability,
claims, causes of action, judgments, damages, losses, costs, or expenses,
including reasonable attorney's fees, resulting directly or indirectly from
any act or omission of the CONTRACTOR, a subcontractor, anyone
directly or indirectly employed by them, and /or anyone for whose acts
and /or omissions they may be liable in the performance of the services
required by this Contract, and against all loss by reason of the failure of
the CONTRACTOR to perform fully, in any respect, all obligations
under this contract.
In order to protect the CONTRACTOR and those listed above under the
indemnification provision, the CONTRACTOR agrees at all times during
the term of this Contract, and beyond such term when so required, to
have and keep in force the following insurance coverages, in amounts
equal at least to the municipal tort liability limits of Minnesota Statutes
Chapter 466 or other applicable law as currently in effect or as may be
Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10 -31 -07
amended from time to time, unless specific dollar limits are otherwise
provided herein:
Limits
(1) Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate (The full limits of coverage
must be dedicated to apply to this project, per
ISO form CG2501, or equivalent.)
Products— Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence — Combined Bodily
Injury and Property Damage
(2) Workers' Compensation and Employer's Liability:
Workers' Compensation
If the CONTRACTOR is based
outside the State of Minnesota,
coverage must apply to Minnesota
law.
Employer's Liability. Bodily injury by:
Accident —Each Accident
Disease — Policy Limit
Disease —Each Employee
(3) Professional Liability —Per Claim and Aggregate
The professional liability insurance must be
maintained continuously for a period of two years
after the termination of this Agreement.
An umbrella or excess policy over primary liability insurance coverages
is an acceptable method to provide the required insurance limits.
The above establishes minimum insurance requirements. It is the sole
responsibility of the CONTRACTOR to determine the need for and to
procure additional insurance which may be needed in connection with
this contract. Copies of insurance policies shall be promptly submitted
to (name of jurisdiction) upon written request.
Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10 -31 -07
The CONTRACTOR shall not commence work until it has obtained
required insurance. The certificate(s) shall name (name of jurisdiction)
as the certificate holder and as an additional insured for the liability
coverage(s) with respect to operations covered under the Contract.
The CONTRACTOR shall furnish to (name of jurisdiction) updated
certificates during the term of this Contract as insurance policies expire.
If the CONTRACTOR fails to furnish proof of insurance coverages,
(name of jurisdiction) may withhold payments and /or pursue any other
right or remedy allowed under the contract, law, equity, and /or statute.
(Name of jurisdiction) does not waive any rights or assume any
obligations by not strictly enforcing the requirements set forth in this
section.
Duty to Notify. The CONTRACTOR shall promptly notify (name of
jurisdiction) of any claim, action, cause of action or litigation brought
against CONTRACTOR, its employees, officers, agents or
subcontractors, which arises out of the services contained in this
Contract. The CONTRACTOR shall also notify (name of jurisdiction)
whenever CONTRACTOR has a reasonable basis for believing that
CONTRACTOR and /or its employees, officers, agents or
subcontractors, and /or (name of jurisdiction) might become the subject
of a claim, action, cause of action, criminal arrest, criminal charge or
litigation arising out of and /or related to the services contained in this
Contract. Failure to provide the notices required by this section is a
material violation of the terms and conditions of this Contract.
V. WORKER'S COMPENSATION
Each party shall be responsible for injuries or death of its own Employees "to the extent
required by law ". Each party will maintain worker's 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
worker's compensation benefits paid to its own Employee or their dependents, even if the
injuries were caused wholly or partially be the negligence of any other party or
employees.
VI. DAMAGE TO EQUIPMENT
Each Participating Party, to the extent a party is at fault, shall be responsible for damages
to or loss of its equipment while acting within the scope of this Agreement.
VII. CHARGES TO THE REQUESTING PARTY
Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10 -31 -07
A. No charges will be levied by a Responding Party to this Agreement for assistance
rendered to a Requesting Party under the terms of this Agreement unless that
assistance continues for a period of more than eight (8) hours, as measured from
the time Responding Party begins to provide assistance after being specifically
directed by the Requesting Party to perform a task or tasks, unless the Requesting
Party is eligible to obtain reimbursement for expenses it incurred during this
period from the United States, the State of Minnesota, or any other source. In that
event the Requesting Party shall take all steps necessary to seek reimbursement to
the Responding Party for the actual cost of any assistance provided during this
initial eight (8) hour period including salaries, overtime, materials and supplies,
and other necessary expenses.
B. If assistance provided under this Agreement continues for more than eight (8)
hours, the Responding Party may submit to the Requesting Party an itemized bill
for the actual cost of any assistance provided after the initial eight (8) hour period,
including salaries, overtime, materials and supplies and other necessary expenses;
and the Requesting Party shall reimburse the party providing the assistance for
that amount.
C. The ability to levy such charges is not contingent upon the availability of federal
or state government funds to reimburse the charges.
VIII. DURATION
This Agreement will commence upon execution by all eleven (11) original Participating
Parties and shall terminate December 31, 2011, unless terminated sooner pursuant to
section XI herein. This Agreement will only apply to those parties who have lawfully
executed the document and returned a copy to:
Hennepin County Public Health Emergency Preparedness
Attention: Emergency Preparedness Unit Supervisor
1011 First Street South Suite 215
Hopkins, MN 55343
(612)543-5220
IX. 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. Pursuant
to the terms of the TWIN CITIES PUBLIC HEALTH DEPARTMENTS IN
MINNESOTA PUBLIC HEALTH MUTUAL AID AGREEMENT, the original
Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10 -31 -07
participating parties hereby give notice that said PUBLIC HEALTH MUTUAL
AID AGREEMENT is terminated and shall be replaced in entirety by this
Agreement. All items referred to in this Agreement are incorporated or
attached and are deemed to be part of this Agreement. The matters set forth in
the "WHEREAS" clauses at the beginning of this Agreement are by this
reference incorporated into and made a part of this Agreement.
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 signed by the parties hereto.
X. COMMAND AND CONTROL
The Requesting Party shall command the mutual aid scene and provide direction to
Employees of each Responding Party. A party shall not be considered to be either a
temporary or permanent employee of the other parties except as specifically described in
this Agreement.
XI. DEFAULT AND WITHDRAWAL
A. If a party fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the party's default is excused by the other parties, the
non - defaulting parties may by majority, vote to remove the defaulting party by
providing written notice of termination of the Agreement as to the defaulting
party only. Any such removal or termination of this Agreement shall become
effective upon the sending of such notice and will not cancel any obligations
incurred by any party prior to such termination.
B. Any party may withdraw from this Agreement with or without cause by providing
thirty (30) days' prior written notice to the other parties herein. Withdrawal shall
not discharge any liability incurred by any Party prior to withdrawal. Such
liability shall continue until discharged by law or agreement.
C. The terms of Sections II, III, IV, V, VI, X, XII, and XIII shall survive the
expiration, termination or withdrawal from this Agreement.
XII. RECORDS — AVAILABILITY /ACCESS
To the extent required by Minnesota Statutes Section 16C.05, Subd. 5 (as may be
amended), the parties agree that the 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 transactions relating to this Agreement. Such materials shall be maintained and
Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10 -31 -07
such access and rights shall be in force and effect during the period of the Agreement and
for six (6) years after its termination or cancellation.
XIII. DATA PRIVACY
Each party, its employees, agents, owners, partners, and subcontractors agree to abide by
the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes,
Chapter 13, the Health Insurance Portability and Accountability Act and implementing
regulations, if applicable, and all other applicable state and federal laws, rules,
regulations and orders relating to data privacy or confidentiality, and as any of the same
may be amended. Each Party agrees to defend, indemnify and hold harmless the other
parties, their elected and appointed officials, officers, agents, employees, and volunteers
from any claims resulting from a party's officers', agents', owners', partners',
employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of
such protected data. The terms of this paragraph shall survive the cancellation or
termination of this Agreement.
XIV. COMPLIANCE
Participating Parties shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances in force or hereafter enacted.
XV. EXECUTION
Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the
date indicated.
XVI. ADDITIONAL PARTIES AND COUNTERPARTS
A government unit, on behalf of its local public health and/or environmental health
entity, may join this mutual aid Agreement and thereby become a Participating Party
upon approval of the new government unit by a majority of the Participating Parties,
through their governing body or their duly authorized designee, and execution of a copy
of this Mutual Aid Agreement by the joining governing body.
This Mutual Aid 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.
XVII. CONTRACT ADMINISTRATION
In order to coordinate the services so as to accomplish the purposes of this Agreement,
each Participating Party's Director of Public Health, Director of Environmental Health,
or equivalent counterpart, shall be the contact person for each Participating Party under
Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10 -31 -07
this Agreement. A Participating Party may designate someone other than the Director of
Health, Director of Environmental Health, or equivalent, as the contact person by
providing written.notice to all other Participating Parties.
Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10 -31 -07 10
A SIGNATURE PAGE FOR EACH PARTY SHALL BE ATTACHED
Nin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10 -31 -07 11
The Hennepin County Board of Commissioners having duly approved this Agreement on the
day of , 200_ and pursuant to such approval, the proper County
officials having signed this Agreement, the parties hereto agree to be bound by the provisions
herein set forth.
COUNTY OF HENNEPIN
Assistant/Deputy /County Administrator
Date
By:
Chair of its County Board
Date:
ATTEST:
By:
Deputy /Clerk of the County Board
Date:
Reviewed by the County Attorney's Office
By:
Date:
Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10 -31 -07 12
CITY of HOPKINS
IN
Mayor - Gene Maxwell
City Manager - Rick Getschow
Date:
Reviewed by
City Attorney
City Attorney
Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10 -31 -07
13
Exhibit A
Participating Parties to the Agreement:
1) Original signers to the Twin Cities Public Health Mutual Aid Agreement: Community Health Boards
in the Twin Cities 7- County metro area.
Anoka County
City of Bloomington
Carver County
Dakota County
City of Edina
Hennepin County
City of Minneapolis
Ramsey County
City of Richfield
Scott County
Washington County
2) Possible additional signers as of October 2007: other governmental units as defined by applicable
statute including but not limited to political subdivisions, municipalities or other governmental units with
environmental health or public health services or resources.
City of Brooklyn Park
City of Crystal
City of Hopkins
City of Maplewood
City of Minnetonka
City of St. Louis Park
City of St. Paul
City of Wayzata
University of Minnesota
Twin Cities Public Health & Environmental Health Mutual Aid Agreement final for signature 10 -31 -07 14