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HomeMy WebLinkAbout6.o. Domestic Preparedness – Joint Powers Agreement 1 EXECUTIVE SUMMARY City Council Regular Meeting: May 16, 2016 AGENDA ITEM: Domestic Preparedness - Joint Powers Agreement AGENDA SECTION: Consent PREPARED BY: Mitchell Scott, Chief of Police AGENDA NO. 6.o. ATTACHMENTS: Joint Powers Agreement APPROVED BY: ddj RECOMMENDED ACTION: Motion to approve agreement to participate in the Dakota County Domestic Preparedness Committee and authorizing the mayor and city clerk to execute the agreements. BACKGROUND The City of Rosemount has been a member of the Dakota County Domestic Preparedness Committee (DCDPC) since 2003. Council is asked to approve the execution of a Joint Powers Agreement to continue to participate in the Dakota County Domestic Preparedness Committee. The JPA is intended to provide the governing framework to have the government agencies within Dakota County cooperate in responding to large scale disasters or emergencies, particularly events that require a response from specially trained personnel with specialized equipment. This cooperative effort is intended to supplement the existing emergency response of the participating entities. ISSUE The current JPA was originally signed in 2003 and it was determined the JPA needed to be updated. The original JPA referred to the group as an Agency rather than a Committee. That has been corrected. Originally the Treasurer was an elected position. It was determined over the years that this position will be held by the Dakota County Emergency Preparedness Coordinator. In 2003 the original JPA mentioned the Committee shall formulate a program to carry out its purpose. The program has been developed and is defined in the new JPA. The original JPA also mentioned establishing a Special Operations Team. The new JPA defines the procedures and requirements for members with regards to the Special Operations Team. The new JPA also made extensive changes to the Liability section. This area was is a desperate need to be updated. With the assistances of the County Attorney and the City Attorneys this area was heavily scrutinized and corrected to insure the members were protected. The agreement has been reviewed and approved by City Attorney Tietjen. RECOMMENDATION Staff recommends that Council approve the agreement and authorize its execution. 1 FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR THE DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITTEE This First Amended and Restated Joint Powers Agreement (“Agreement”) is by and among the Cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul and West St. Paul, municipal corporations organized under the laws of the State of Minnesota, and the County of Dakota, a political subdivision under the laws of the State of Minnesota. This Agreement amends, restates and replaces the Joint Powers Agreement for Dakota County Domestic Preparedness Committee adopted in 2003 by the same municipal corporations and the County of Dakota. This Agreement is made pursuant to the authority conferred upon the Parties by Minn. Stat. 471.59. 1. Name. The Parties hereby establish the Dakota County Domestic Preparedness Committee. 2. Parties. The Parties to this Agreement shall consist of the following entities: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City of Lakeville City of Mendota Heights City of Rosemount City of South St. Paul City of West St. Paul County of Dakota 3. Purpose. The purpose of this Agreement is to provide for the joint exercise of the Parties’ powers to plan for and to respond to the need of first responders for special response operations caused by the occurrence of large-scale disasters or emergencies, as defined in paragraph 9.2, within Dakota County. The joint exercise of the Parties’ powers pursuant to this Agreement is intended to supplement and complement but not supplant the Parties’ joint and individual powers to plan for and respond to the occurrence of other emergency or unforeseen events occurring within Dakota County, as provided in the Parties’ respective emergency operations plans and similar plans. 4. Governance. 4.1. Governing Board. The governing board formed pursuant to this Agreement shall be known as the Dakota County Domestic Preparedness Committee. 2 4.1.1. Membership. The Committee shall be constituted as follows: one member and one alternate member appointed by each member city; one member appointed by the Dakota County Sheriff; Dakota County Emergency Preparedness Coordinator ex officio; one Dakota County city manager/administrator appointed by the Dakota County Board of Commissioners, consistent with the recommendation of the city managers/administrators within Dakota County; one member appointed by the Dakota County Emergency Medical Services Council; the Team Manager of the Special Operations Team appointed pursuant to paragraph 5.3; one member appointed by the Dakota County Public Health Director; Dakota County Attorney or designee ex officio; and one member appointed by each entity that has entered into a contract pursuant to paragraph 7.2.1. The appointees of the Dakota County Public Health Director and the Dakota County Attorney or designee and other entities under contract shall be non- voting members of the Committee and shall not be counted for quorum purposes. 4.1.2. Additional Member. In the event that none of the members appointed by the cities is a fire chief or none is a police chief, the Dakota County Fire Chiefs Association or Dakota County Police Chiefs Association, as appropriate, may appoint a member who is a fire fighter or police officer to the Committee. Such appointment shall endure until such time as a city Party appoints a member who is a fire chief or police chief. Such member shall be counted for quorum purposes and shall be a voting member. 4.1.3. Documentation. Resolutions or other documentation of appointments shall be filed with the Dakota County Emergency Preparedness Coordinator. 4.1.4. Members not Employees. Members of the Committee shall not be deemed to be employees of the Committee and will not be compensated for serving on the Committee. 4.2. Terms; Vacancies. Members shall serve at the pleasure of the appointing Party and may be removed only by the appointing Party. Vacancies may be filled only by the appointing Party. Incumbent members serve until a successor has been appointed. 3 4.3. Chair and Vice Chair. In January of each year the Committee shall elect a Chair and Vice Chair from its membership for one-year terms. The Chair shall preside at all meetings of the Committee and shall perform other duties and functions as determined by the Committee. The Vice Chair shall preside over and act for the Committee during the absence of the Chair. 4.4. Secretary. In January of each year the Committee shall elect a Secretary from its membership for a one-year term. 4.5 Treasurer. The Dakota County Emergency Preparedness Coordinator shall serve as Treasurer for the Committee. The Treasurer shall assist the Chair in overseeing the Committee’s budget and finances. 4.6. Meetings. The Committee shall have regular meetings at such times and places as the Committee shall determine. Special meetings may be held on reasonable notice by the Chair or Vice Chair. The presence of a majority of the voting members of the Committee shall constitute a quorum. No action may be taken unless a quorum is present. 4.7 Voting. Each Committee member shall be entitled to one vote. Proxy votes are not permitted. The Committee shall function by a majority vote of the Committee members present. 5. Duties of the Committee. 5.1. Program. The Committee shall formulate a program to carry out its purposes. The Committee shall carry out and implement its programs to the extent possible. The program shall include the following: Promote the development and awareness of response plans and enhance the planning capabilities at all levels of government within Dakota County to prevent, respond to and recover from Chemical, Biological, Radiological, Nuclear and Explosives (CBRNE) threats, acts of terror, or natural and manmade disasters. Establish a process to efficiently use funding to address identified priorities with countywide benefits and meet all grant reporting requirements. Promote the hardening and development of response preplans for critical public and private sector infrastructure within the county based on risk and capability gaps. Develop and enhance countywide capabilities to respond to the consequences of CBRNE threats, acts of terror, or natural and manmade disasters through training and equipment acquisition. Demonstrate the countywide capacity and ability to respond to CBRNE events, acts of terror, or natural and manmade disasters through drills, tabletop and functional exercises. 4 Promote interoperability of emergency voice and data communications throughout Dakota County by incorporating interoperability into plans and exercises. Promote the public’s understanding of emergency warning and notification capabilities within Dakota County. Promote the development of plans and exercises to ensure the continuity of county and local governments. Promote the capability of Dakota County’s and the cities’ Emergency Operations Centers (EOCs) to manage, communicate, and coordinate in the event of CBRNE events, acts of terror, or natural and manmade disasters. 5.2. Special Operations Team. 5.2.1 Establishment. The Committee shall establish a Special Operations Team (SOT) with the capability of providing specialized response operations for which specific training and equipment are required and which are not currently available to all of the members. The Committee will ensure that the SOT is established, that its members are trained to applicable federal and state standards, and that the necessary and appropriate equipment is purchased and made available for use by the SOT. 5.2.2 Procedures. The Committee will ensure that procedures are established so that the SOT is able to respond to large-scale disasters or emergencies occurring anywhere within the jurisdictions of the Parties to this Agreement. Procedures of the SOT are subject to the review and approval of the Committee. 5.2.3 Members. The Parties agree to assign employees and make equipment available to the SOT. Members of the SOT will remain employees of their employing agency and will not be deemed employees of the Committee or the SOT. 5.2.4. Team Manager. The Committee shall appoint a Team Manager who will be responsible for ensuring that the Committee accomplishes the duties described in paragraph 5.2. The Team Manager shall be an employee of a Party. 5.3 Subcommittees. The Committee may create subcommittees to carry out the duties of the Committee as needed to support the Committee. The actions of all subcommittees are subject to approval by the Committee. 6. Reservation of Authority. All responsibilities not specifically set out to be jointly exercised by the Committee under this Agreement are hereby reserved to the Parties and each of them. 7. Powers of the Committee. 7.1. General Powers. The Committee is hereby authorized to exercise such authority as is necessary and proper to fulfill its purposes and perform its duties. Such authority shall include the specific powers enumerated in paragraph 7.2. 5 7.2. Specific Powers. 7.2.1. The Committee may enter into any contract necessary or proper for the exercise of its powers or the fulfillment to its duties and enforce such contracts to the extent available in equity or at law, including contracts with South Metro Fire Department, Metropolitan Council/Metro Transit Police Department, and units of local government in Dakota County that are not Parties to this Agreement, to provide such entities with the opportunity to assign members to the SOT. The Committee may approve any contract relating to this Agreement up to the amount approved in the annual budget and may authorize the Chair to execute those contracts. No payment on any invoice shall be authorized unless approved by at least two of the three officers elected pursuant to paragraphs 4.3 and 4.4. The Chair shall report to the Committee any such payments at its next meeting. 7.2.2. The Committee may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by Dakota County. 7.2.3. The Committee may apply for and accept gifts, grants or loans of money or other property or assistance from the United States government, the State of Minnesota, or any person, association, or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money or other property and assistance in accordance with the terms of the gift, grant or loan relating thereto. 7.2.4. The Committee shall maintain liability coverage for the actions of the Committee with the League of Minnesota Cities Insurance Trust (LMCIT) with a limit of coverage equal to or greater than the liability limits under Minn. Stat. Ch. 466, under standard LMCIT liability coverage forms. The Committee shall also obtain tail coverage following termination of the Agreement to cover the statute of limitations during which a claim could be made against the Committee. Such insurance shall name each Party as a covered party. The Committee may in its discretion procure coverage for automobile liability and damage to or loss of property. 7.2.5. All powers granted herein shall be exercised by the Committee in a fiscally responsible manner and in accordance with the requirements of law. The purchasing and contracting requirements of Dakota County shall apply to the Committee. 8. Budgeting and Funding. 8.1. Budget Adoption. By April 1 of each year the Committee shall adopt an annual workplan and operating and capital budgets for the following calendar year including a statement of the sources of funding. 6 8.2. Budget and Accounting Services. Dakota County agrees to provide all budgeting and accounting services necessary or convenient for the Committee. Such services shall include but not be limited to: management of all funds, payment for contracted services and other purchases, and relevant bookkeeping and recordkeeping. Dakota County contracting and purchasing requirements shall apply to transactions of the Committee. 8.3. Expenses. The Parties understand and acknowledge that the activities and duties of the Committee are to be funded first by grant monies from the federal government, state government or other associations and agencies. Nevertheless, the Parties agree to contribute to funding, if necessary, for the expenses of the Committee, to the extent not covered by grant funds. Each Party agrees annually to appropriate funds for the expenses of the Committee not covered by grant funds, on a population basis, subject to each city council’s or the county board’s adoption of a resolution authorizing any such appropriation. For purposes of this paragraph, Dakota County’s population is the population of the townships within Dakota County. Population basis means the decennial federal census or the five-year mid-decennial census adjustment made by the Metropolitan Council, whichever is the most recent in time. 8.4. Federal and State Grant Funds Available to Counties. The Parties understand and acknowledge that federal and state grant funds have been and may continue to be made available for the purposes of improving and enhancing local government units’ capabilities in responding to the occurrence of large-scale disasters or emergencies. The Parties further understand and acknowledge that some such federal and state grant funds may be made available directly to counties with the intention that the funds be expended for the benefit also of cities within the county. Dakota County specifically agrees that federal and state grant funds for such purposes which the Dakota County Board of Commissioners, pursuant to Committee recommendation and proposed budget, applies for and receives will be applied for and received on behalf of the cities who are Parties to this Agreement and will be appropriated to the Committee for expenditure in accordance with the terms of the applicable grant agreement and budget approved by the county board. The Committee will expend any such funds only in accordance with the terms of any applicable grant agreement, approved budget, laws and rules. This paragraph does not prohibit Dakota County from unilaterally applying for, receiving and expending grant funds made available for the purposes identified in this paragraph. 8.5. Accountability. All funds shall be accounted for according to generally accepted accounting principles. A report on all receipts and disbursements shall be forwarded to the Parties monthly and on an annual basis. 9. Special Operations Team Activation and Use. 9.1. Purpose. The purpose of this section 9 is to provide for the deployment of the SOT established pursuant to paragraph 5.2, so that the SOT may be utilized by any Party to this Agreement in the event of a large-scale disaster or emergency within their jurisdiction. It is not the purpose of this section to provide for or address in any way requests by one Party of another Party for other services, or to supplant other mutual aid agreements to which any of the Parties may be signatory. 7 9.2. Definitions. SOT Team Manager – the person designated by the SOT who is responsible for exercising tactical control of personnel and equipment provided by the SOT and who coordinates with the Committee Chair whenever the SOT is requested to be deployed or is deployed Disaster or large-scale emergency – an unforeseen exigent circumstance requiring specialized response operations Requesting Party – a Party to this Agreement who has requested that the SOT provide specialized response operations Special Operations Team (SOT) – a group of personnel assigned by the Parties who will be trained and organized to provide special response operations to any Party who requests them, and which may include personnel of other entities that have entered into an agreement with the Committee pursuant to paragraph 7.2.1. Specialized Response Operations – specialized rescue services for problem-specific emergency situations, including, but not limited to structural collapse, technical rope rescue, hazardous materials, wild land rescue, confined space rescue, trench rescue, water rescue, vehicle/machinery disentanglement, and the like, including training events for such services. 9.3. Requests for assistance. Whenever a Party, in its sole discretion, determines that the conditions within its jurisdiction cannot be adequately addressed by that jurisdiction because of a disaster or large-scale emergency, the Party may request orally or in writing that the SOT provide specialized response operations to the Party. 9.4. Response to Request for assistance. Upon a request for assistance of the SOT, SOT Team Manager may authorize, direct and permit the SOT to provide assistance to the requesting Party. Whether the SOT shall provide such assistance, and the extent of such assistance, shall be determined solely by the SOT Team Manager. Failure to provide assistance in response to a request made pursuant to this Agreement will not result in any liability to the SOT or to any other Party. SOT Team Manager shall notify the Chair or Vice Chair any time the SOT Command consents to provide assistance to a Party, pursuant to this Agreement. If a request is made by a governmental unit not a Party to this Agreement, the SOT Team Manager may provide assistance only with the approval of the Chair or Vice Chair, pursuant to Committee policy. 9.5. Recall of assistance. The SOT Team Manager may at any time and in its sole judgment terminate and recall the SOT or any part thereof. The decision to recall the SOT provided pursuant to this Agreement will not result in liability to the SOT. 9.6. Direction and Control. Personnel and equipment of the SOT shall remain under the direction and control of the SOT Team Manager. 8 9.7. Exercise of Police Power. Any member of the SOT who is a licensed peace officer and who is providing assistance pursuant to this Agreement has the full and complete authority of a peace officer as though appointed by the requesting Party and licensed by the State of Minnesota provided the officer meets the requirements set forth at Minn. Stat. § 471.59, subds. 12(1) and (2). 9.8. Compensation. 9.8.1. Parties to this Agreement. When the SOT provides services to a requesting Party, the personnel of the SOT shall be compensated by their respective employers just as if they were performing the duties within and for the jurisdiction of their appointing Party. Except as provided in Paragraph 9.8.2., no charges will be levied by the Committee for specialized response operations provided to a requesting Party pursuant to this Agreement unless that assistance continues for a period exceeding 24 hours. If assistance provided pursuant to this Agreement continues for more than 24 hours, the Committee shall submit to the requesting Party an itemized bill for the actual cost of any assistance provided, including salaries, overtime, materials and supplies. The requesting Party shall reimburse the Committee for that amount. 9.8.2. Third Parties. In the event that the SOT is activated and deployed at the request of Party to this agreement, to provide specialized response operations at a disaster or large-scale emergency for which a third party may bear financial responsibility, the Committee shall submit to the requesting Party without delay an itemized bill for the actual cost of assistance provided, including salaries, overtime, materials and supplies. The requesting Party shall reimburse the Committee its proportionate share of funds received from any third party, if any, for the full cost of the assistance. 9.9. Workers’ Compensation. Each Party to this Agreement shall be responsible for injuries to or death of its own employees. Each Party shall maintain workers’ compensation coverage or self-insurance coverage, covering its own personnel while they are providing assistance as a member of the SOT. Each Party to this Agreement waives the right to sue any other Party for any workers’ compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees or agents. 9.10. Damage to Equipment. Each Party shall be responsible for damage to or loss of its own equipment occurring during deployment of the SOT. 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 agents. 10. Liability. The Committee is a separate and distinct public entity to which the Parties have transferred all responsibility and control for actions taken pursuant to this Agreement. With the exception of workers compensation liability which is addressed in Section 9.9 of this Agreement, the Committee shall defend and indemnify the Parties, and their officers, employees, volunteers and agents, from and against all claims, damages, losses, and expenses, 9 including reasonable attorney fees, arising from Committee activities or operations, including deployments of the SOT, and decisions of the Committee. To the fullest extent permitted by law, action by the Parties to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the Parties that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a(a), provided further that for purposes of that statute, each individual Party to this Agreement expressly declines responsibility for the acts or omissions of any other Party. The Parties to this Agreement shall not liable for the acts or omissions of another Party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other Parties. Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes, Chapter 466 or a waiver of any available immunities or defenses. Under no circumstances shall the Committee or a Party be required to pay on behalf of itself and any other Parties any amounts in excess of the limits of liability established in Minnesota Statutes Ch. 466 applicable to any third party claim. 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 third party claim. Any excess or uninsured liability shall be borne equally by all the Parties, but this does not include the liability of any individual officer, employee, or agent which arises from his or her own malfeasance, willful neglect of duty, or bad faith. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee or volunteer of any member for any act or omission for which the officer, employee or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. 11. Effective Date. This Agreement shall be in full force and effect when all of the Parties sign this Agreement as amended and restated herein. Dakota County shall notify the Parties in writing of the effective date of this Agreement. 12. Withdrawal and Termination. 12.1. Withdrawal. Any Party may withdraw from this Agreement upon 12 months’ written notice to the other Parties. Withdrawal by any Party shall not terminate this Agreement with respect to any Parties who have not withdrawn. Withdrawal shall not discharge any liability incurred by any Party prior to withdrawal. Such liability shall continue until discharged by law or agreement. 12.2. Termination. This Agreement shall terminate upon the occurrence of any one of the following events: (a) when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or (b) when a majority of Parties agrees to terminate the Agreement upon a date certain. 12.3. Effect of Termination. Termination shall not discharge any liability incurred by the Committee or by the Parties during the term of this Agreement. Upon termination 10 property or surplus money held by the Committee shall then be distributed to the Parties in proportion to contributions of the Parties. 13. Miscellaneous. 14.1. Amendments. This Agreement may be amended only in writing and upon the consent of the governing bodies of all of the Parties. 14.2. Records, Accounts and Reports. The books and records of the Committee shall be subject to the provisions of Minn. Stat. Ch. 13 and Minn. Stat. § 16C.05, subd. 5. 14.3. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be filed with the Dakota County Emergency Preparedness Coordinator. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below. KS13-358 first amended and restated jpa for dak cty domestic preparedness committee 11 Approved as to form: COUNTY OF DAKOTA Assistant County Attorney/Date Tim Leslie Dakota County Sheriff Date of Signature 12 CITY OF APPLE VALLEY By: ___________________________ ___________________, Mayor Date of Signature: _______________ By:____________________________ ___________________, City Clerk Date of Signature: ________________ 13 CITY OF BURNSVILLE By: ___________________________ Elizabeth Kautz, Mayor Date of Signature: _______________ By:____________________________ ___________________, City Clerk Date of Signature: ________________ 14 CITY OF EAGAN By: ___________________________ ___________________, Mayor Date of Signature: _______________ By:____________________________ ___________________, City Clerk Date of Signature: ________________ 15 CITY OF FARMINGTON By: ___________________________ ___________________, Mayor Date of Signature: _______________ By:____________________________ ___________________, City Clerk Date of Signature: ________________ 16 CITY OF HASTINGS By: ___________________________ ___________________, Mayor Date of Signature: _______________ By:____________________________ ___________________, City Clerk Date of Signature: ________________ 17 CITY OF INVER GROVE HEIGHTS By: ___________________________ ___________________, Mayor Date of Signature: _______________ By:____________________________ ___________________, City Clerk Date of Signature: ________________ 18 CITY OF LAKEVILLE By: ___________________________ ___________________, Mayor Date of Signature: _______________ By:____________________________ ___________________, City Clerk Date of Signature: ________________ 19 CITY OF MENDOTA HEIGHTS By: ___________________________ ___________________, Mayor Date of Signature: _______________ By:____________________________ ___________________, City Clerk Date of Signature: ________________ 20 CITY OF ROSEMOUNT By: ___________________________ ___________________, Mayor Date of Signature: _______________ By:____________________________ ___________________, City Clerk Date of Signature: ________________ 21 CITY OF SOUTH ST PAUL By: ___________________________ ___________________, Mayor Date of Signature: _______________ By:____________________________ ___________________, City Clerk Date of Signature: ________________ 22 CITY OF WEST ST PAUL By: ___________________________ ___________________, Mayor Date of Signature: _______________ By:____________________________ ___________________, City Clerk Date of Signature: ________________