HomeMy WebLinkAbout6.d. Joint Powers Agreement for Emergency Management Services �CROSEMOLINT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: December 2, 2014
AGENDA ITEM: Joint Powers Agreement for AGENDA SECTION:
Emergency Management Services Consent
PREPARED BY: Mitchell Scott, Chief of Police AGENDA NO. 6 . d �
ATTACHMENTS: Joint Powers Agreement APPROVED BY:
RECOMMENDED ACTION: Motion to approve the execution of a Joint Powers
Agreement to authorize the Police Department to contract with Dakota County Sheriff's
Office for Emergency Management Services from January 1, 2015 — December 31, 2015.
BACKGROUND
The City of Rosemount Emergency Operations Plan (EOP) was last updated in 2009. Since the last
update,Minnesota Department of Homeland Security and EmergencyManagement have made
numerous changes. In 2015,Minnesota Plan Crosswalk(MNWALK) will be drastically changed.
These changes will require Rosemount's Emergency Operations Plan to be completely overhauled.
SUMMARY
The Joint Powets Agreement allows Rosemount to partner with Dakota County Sheriff's Office
Emergency Preparedness to ensure our EOP is Minnesota Homeland Security Emergency
Management compliant;this will include both State and/or Federal requirements. This partnership
will also provide guaranteed training to staff as well as elected officials. The Joint Powers
Agreement has been reviewed and approved by City Attorney Tietjen. The cost of this agreement is
$5,148.00 and will be paid for with the 2014 Police Operational Budget.
RECOMMENDATION
Partnership with the Dakota County Sheriff's Office is a cost effective means to ensure we are
compliant with both the State and Federal EmergencyManagement requirements. Council approval
of the JPA is respectfully requested to allow the Police Department to partner with the Dakota
CountySheriff's Office EmergencyPreparedness.
1
MEMORANDUM
DAKOTA COUNTY ATTORNEY'S OFFICE
JAMES C.BACKSTROM
COUNTY ATTORNEY
CIVIL DIVISION
Dakota County Judicial Center
1560 Highway 55
Hastings,Minnesota 55033-2392
Telephone: {651) 438-4438
DATE: November 5,2014 J
TO: Dan Carlson,Emergency Preparedness Coordinator, Sheriffs Office
FROM: Karen A. Schaffer,First Assistant County Attorne
SUBJECT: CiTy of Rosemount JPA for Emergency Management Services
Our File No.: KS-2013-275-9
Attached is the original of the above-referenced agreement, which I have approved as to form.
After the agreernent has been fully executed, please provide the appropriate parties with a copy
and return an electronic copy to me for our records.
If you have any questions or comments,please feel free to contact nie.
Thank you.
KAS:smc
Attachment
o:\civillmemos�20131ks13-275-9 memo to dan cnrison 11.5.2014.docx
JO1NT POWERS AGREEMENT BETWEEN
DAKOTA COUNTY AND TWE CtTY OF ROSEMOUNT
FOR EMERGE{VCY MANAGEMENT SERVICES
This Agreement is made and entered into by and between the County of Dakota, by and through the
Dakota County Board of Commissioners, ("County") and the City of Rosemount, Minnesofa ("City"); and
WHEREAS, the County and City are governmental units within the meaning of Minn. Stat. §471.59; and
WHEREAS, Minn. S#at. §471.59 authorizes local governmental units to jointly or cooperatively exercise
any power common to the contracting parties; and
WHEREAS, the City desires to obtain and the County is willing and able to provide emergency
managemenf services as more fully described herein; and
WHEREAS, the Dakota County Board of Commissioners by Resolution No. 14- authorized the
County to enter into an agreement with the City for the pravision of Emergency Management Services;and
WHEREAS, the City is willing to retain the County to provide Emergency Management Services.
NOW, THEREFORE, in consideration of the mutua{ promises and benefits that the County and City
derive from this Agreement, the County and City hereby enter into this Agreement for the purposes stated
herein.
1. PURPOSE. The purpose of this Agreement is to enable the City to obtain from the County emergency
management services.
2. TERM. This Agreement is effective January 1, 2015 and shall remain in effect through December 31,
2015, or until campletion by the parties of their respective obligations under this Agreement, whichever
occurs first, unless earlier terminated by law or according to the provisions of this Agreement. This
Agreement may be terminated with or withoui cause, by either party upon thirty (30)days'written notice.
3. DUTIES OF THE COUNTY. The County, either through iEs own staff or an independent contractor, will
provide to City the services identified on page two of Addendum #1, attached hereto and incorporated
by reference.
4. COMPENSATON.
4.1 Total Compensation. The City agrees to pay the County for the emergency management
services purchased from the County at the rates identified on page two of Addendum #1, in an
amount not to exceed Five Thousand One Hundred Forty-eight and no/100 Dollars {$b,148.00)
("Contract Amount").
During the Term of the Agreement, if the County or the City receives a grant or other funding to
offsef the costs af providing the emergency management services covered by this Agreement,
the Contract amount will be adjusted downward accordingly.
4.2 Time of Pavment. The County shall invoice the City on a quarterly basis for .hours of
emergency management services provided during the previous quarter up to the Contract
Amount. Such invoicing shall continue until one of the following occurs:
a. The completion of fhe Work Pfan; or
b. Expiration of the Term of the Agreement; or
c. Early termination of the Agreement pursuant to Section 2 of this Agreement;or
d. The City has paid the full Contract Amount.
The City shalf pay such invoices within thirty(30)days after their receipt.
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4.3 Payment Upon Early Termination. If the Agreement is terminated prior to completion of the
Work Plan, the City shall pay. for satisfactory services performed by the County through the
effective date of termination.
5. DISPUTE RESOLUTION. The County and the City agree to coaperate and use fheir reasonabie efforts
to ensure prompt implementation of the various provisions of this Agreement and to, in good faith,
undertake resolution of any dispute in an equitable and timely manner.
6. LIABLE FOR OWN ACTS. Each party to this Agreement shall be liable for the acts of its own agents,
volunteers or employees and results thereof to the extent authorized by law and shall not be responsible
for fhe acts of the other party, its o�cers, agents, volunteers or employees.
It is understood and agreed that the provisions of the Minn. Stat. § 471.59, the Municipal Tort Claims
Act, Minn. Ch. 466 and other applicable laws govern liability arising from the parties' acts or omissions.
Each party warrants that they are able to comply with the aforementioned indemnity requirements
through an insurance or self-insurance program and that each has minimum coverage consistent with
the liability limits contained in Minn. 5tat. Ch. 466.
The provisions of Article 6 shall survive the expiration ar termination of this Agreement.
7. INDEPENDENT CONTRACTOR. The County is and shall remain an independent contractor with
respect to any and all work performed under this Agreement. The County on behalf of its employees
and agents shafl at all times be free to exercise initiative, judgment and discretion as to how to best
perform or provide services identified herein.
The County acknowledges and agrees that the County on behalf of its empfoyees and agents is not
entitled to receive any of fhe benefits received by City employees and is not eligible for workers' or
unemployment compensation benefits under the City. The County also acknowledges and agrees that
no wifhholding or deduction for state ar federal income taxes, FICA, FUTA, or otherwise, will be made
from the payments due the County and that it is the County's sole obligation to comply with the
applicable provisions of all federal and sfate tax laws.
8. GENERAL.
8.1. Notices. For purposes of delivery of any notices ta the City or County hereunder, the notice
shall be effective if delivered in writing to:
To the Citv: To the Countv:
Mitch Scott or successor Dakota County Sheriff
Rosemount Police Chief 158�Highway 55
2875 145"'St. W. Hastings, MN 55033
Rosemount, MN 55068 Telephone: 651-438-4701
Telephone: 651-423-4491
8.2. Amendments. No amendments or variations of the terms and conditions of this Agreement
shall be valid unless in writing and signed by the parties.
8.3. Severabilitv. All terms and covenants contained in this Agreement are severable. In the event
any provision of this Agreement shal! be held invalid by any court of competent jurisdiction, this
Agreement shall be interpreted as if such invalid terms or covenants were not contained in Ehe
Agreement and that such holding shafl not invalidate or render unenforceable any other
provision.
8.4. Choice of Law. The laws of the state of Minnesota shall govern as to the interpretation, validity,
and effect of this Agreement. The captions and headings of the provisions under this
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Agreement are for convenience only and shall not be considered or referred to concerning
questions of interpretation or construction.
8.5. Data Privac�. The pa�ties agree that any information and data received from the other party
during the term of this Agreement shall be treated and maintained in accordance with al!
applicable federal, state, and local laws, rules and regulations governing same, including but not
limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes,
Chapter 13 and the Minnesota rules implementing the Act now in force or hereafter adopted.
The County and the City agree to provide to each other data which is reasonably necessary to
fulfili the purpose of this Agreement, provided such sharing of data is done in accordance with
the Minnesota Government Data Practices Act and ofher state and federal law regulating the
dissemination of data.
8.6. Waiver. If either party fails to enforce any provision of this Agreement, that failure does not
waive the provisian or that party's right to enforce it. '
8.7. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this
Agreement may be terminafed by either party in the event sufficient funds from the County, City,
State, Federal or other sources are not appropriated, obtained and continued at least at the
level relied on for the perFormance of this Agreement and the non-apprapriaEion of funds did not
result from any act of bad faith on the part of the terminating party.
8.8. Entire Agreement. This Agreement is the entire agreement for the provision of the Emergency
Management Services between the City and the County and it supersedes all prior written or
oral agreements on fhis program. There are no covenants, promises, undertakings, or
understandings outside of this Agreement other than ihose as specifically set forth. Any term,
condition, prior course of dealing, course of performance, usage of trade, understanding, or
agreement purporting to modify, vary, supplement, or explain any provision of this Agreement is
null and void and of no effect unless in writing and signed by representatives of both parties
authorized to amend this Agreement.
IN WITNESS WHEREOF, this Agreement was entered into on the date(s) set forth below and the
undersigned, by execution hereof, represent that they are authorized to enter into this Agreement on behalf of
the respective parties and state that this Agreement has been read by them and that the undersigned
understand and fully agree to every provision, and hereby acknowledge receipt of a copy.
Approved as to form: COUN'FY OF DAKOTA
��tcLQ I/ .� �v/L
Assistant County orney/ at By:
County Attorney File No. KS-2013-275.9 David Bellows
Dakota County Sheriff
Date of Signature:
FOR THE CITY OF ROSEMOUNT
{I represent and warrant that I am authorized
by law to execute this Agreement and legally
bind the City)
By:
Mayor Bil!Droste
Date of Signature:
By:
Clarissa Hadler, City Clerk
Date of Signature:
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Addendum#1
City Emergency Management Contract
Deliverables and Work Plan
Minimum requested work plan requirements include:
MN Homeland Security and Emergency Management ("HSEM") Compliant Emergency
Operations Plan ("EOP°} �
Training Plan for Compliance
Identification of National Incident Management System ("NIMS") Requirements for Training
C�NTRACT DELIVERABl.ES:
9. MN HSEM Compliant EOP to include any changes in State and/or Federal Requirements
and the following:
o Basic Plan
o Emergency Support Functions as needed for the City
o Sara Titfe 3 Hazardous Materials Section
o Resource Section— Generic per County Plan that can be added to
2. Emergency Operating Center("EOC') Basic Training for City Staff
o NIMSllncident Command System Compliance Review
o What is an EOC Training for Staff
o Training Recommendation based on compliance per City
3. Elected Official Training and Tabletop Exercise
o Role of Elected �fficials in a disaster
o Role of 5taff
o Tabletop developed for the City based on Emergency Manager ("EM") input
4. County Emergency Management Support and Response as Needed or Requested
*** Final product includes electronic copies of all materials and one (1)finished hard copy of the EOP
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WORK PLAN:
1. EOP � Hours
o Individual City meetings with EM 3
o Initial draft of City EOP 25
o Meeting with EM to discuss gaps 3
o fndividual rneeting with identified Emergency Support
Functions Contac#s 25
o EOP final draft 40
o Meeting with each City to present updated EOP 3
TQTAL 99 Hours
2. EOC Basic Training
o Meeting with EM for development of course 3
o Develop presentation 8
o Training for City staff 3
o After Action Report ("AAR") for identified gaps 8
TOTAL 22 Hours
3: Elected Officia! Training
o Meetings with EM for training development 3
o Develop presentation 8
o Training and Tabletop for Elected Officials 3
o AAR Report for identified gaps 8
TOTAL 22 Hours
Projected Hours for Project over 1 year 143 Hours
Contract at$36/hr.
Cost to the City -$5,148,00 per year.
Unknowns and intangibles
Scheduling conflicts with Cify staff could delay processes.
Follow through by City staff with deliverables could delay processes.
Rea! Events/Disasters could delay processes.
o:lcivillcontract12013Ucs13-275-9 rosemount#2 with ne�v addendum 10.212014.doc
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