HomeMy WebLinkAbout5.a.1 Intergovernmental Agreement - Response to Hurricane KatrinaAGENDA ITEM: Intergovernmental Agreement
Response to Hurricane Katrina
AGENDA SECTION:
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PREPARED BY: Gary Kalstabakken, Chief of Polic
AGENDA NO.
ATTACHMENTS: Agreement, Resolution
APPROVED BY:
RECOMMENDED ACTION: Motion to authorize Mayor Droste to sign an
Intergovernmental Agreement, upon the recommendation of City Administrator Verbrugge,
to provide City of Rosemount staff to assist the gulf states disaster areas as requested
through the Minnesota Homeland Security and Emergency Management Emergency
Management Assistance Compact. Dedication of staff resources and equipment shall be
done in a manner to provide assistance while always maintaining adequate coverage for
the City's regular and potential emersenc needs.
ROSEMOUNT
CITY COUNCIL
City Council Meeting: September 6, 2005
EXECUTIVE SUMMARY
The devastation caused by Hurricane Katrina in the states of Alabama, Mississippi and Louisiana has
resulted in requests for resources from other state and local governments throughout the United States.
Coordination of this effort is done through the Emergency Management Assistance Compact (EMAC),
which Minnesota participates in through the office of Homeland Security and Emergency Management.
Requests will typically be for pohce officers, fire fighters and emergency medical personnel; however,
additional resources for persons with other skills may be needed, too.
Local governments willing to authorize staff and /or equipment to respond to the requests for assistance
are required to sign an Intergovernmental Agreement. This agreement clarifies who is being authorized,
cost responsibilities and reimbursement procedures, liability, compensation and other matters The
agreement is a standardized form being used for all requests m all states, as such amending any language m
the agreement is not possible. City Attorney LeFevere has reviewed the agreement and approved it.
Council is requested to authorize Mayor Droste to sign the Intergovernmental Agreement on behalf of the
City of Rosemount when authorization if given for a city employee to be deployed Any decision to send
staff will be made based upon consultation with and recommendation of the apphcable department head
and the City Administrator Pnor authonzanon for the mayor's signature is needed to allow the agreement
to be assigned in a timely manner when requests are received; decisions must be made quickly to commit
resources to meet the needs of the requesting state. The intention would be to have the agreement signed
authonzmg approval without Council action required for each agreement. However, Council members
would be kept apprised of each request when City staff would be authonzed. Each authorization would
also be discussed or otherwise made a part of the next regularly scheduled pubhc meeting of the CounciL
Final DRAFT 8/11/05
INTERGOVERNMENTAL AGREEMENT
Between
Department of Public Safety and County
Minnesota Homeland Security and Emergency Management (HSEM)
444 Cedar Street, Suite 223
St Paul, MN 55101 Contact Person:
Contact Person: Kim L Ketterhagen Ph
Maximum Amount. Not to Exceed
Start Date 2005 End Date
without written approval of the county
,MIN
Ph (651)- 779 -5641 E -mail
E-mail mail to: Kim.Ketterhagen n,state.mn.us
2005. No extensions of time will be granted
INTRODUCTION:
I. The Department of Public Safety. Mmnesota Homeland Security and Emergency Management (HSEM), through
the Emergency Management Assistance Compact (EMAC), Minnesota State Statute 192.89 and Chapter 12 coordinate
emergency management and interstate mutual aid for the State of Minnesota.
II. EMAC is the interstate mutual aid agreement to which most states belong that allows states to assist each other in
times of disaster. When any member state's Governor declares a disaster or when a disaster is imminent member states
may agree to provide assistance in response to requests from the impacted state(s) The assistance from other member
states may be in the form of personnel and/or other resources. In response to EMAC requests, local government
employees have volunteered to respond. In cooperation with County/City, HSEM has identified
several experienced and qualified county /city employees who are available to deploy to assist with
response and recovery missions. These county/city employees will travel to and work m support of the
Emergency Management Agency.
III. NAME OF COUNTY /CITY EMPLOYEE STATEMENT OF EXPERIENCE /QUALIFICATIONS
This Intergovernmental Agreement establishes a services contract between the Minnesota Homeland Secunty and
Emergency Management Agency and County/City for the loan of this county/city employee
for the time period identified above.
shall remain an employee of County/City throughout his/her
deployment HSEM hereby agrees to make the necessary travel arrangements for
including airline, lodging, per diem expenses and other necessary miscellaneous expenses.
Once the service is complete and the County /City employee submits his/her travel expense report, HSEM agrees to
submit the travel expense report to the Emergency Management Agency for reimbursement
through the EMAC reimbursement process. The County /City employee will continue to be paid by his /her county /city
employer, will continue to receive the same benefits as if working at his/her home station, and will carry with him/her
all the liability protections of a countyicity employee as if working at his/her home station. HSEM assumes no
responsibility for this county/city employee other than the accomplishment of their travel arrangements, the submission
of completed travel expense reports through the EMAC reimbursement process, and the transmittal of reimbursement
from the State of to the County /City he /she will report to the
upon arrival and perform duties as assigned. The EMAC A -team will provide
emergency contact information for and HSEM will provide contact information and
progress reports on their service throughout the period of deployment to the sending County /City
A. Liability. County /City employees rendering aid in another state pursuant to this
compact shall be considered agents of the requesting state for tort liability and immunity purposes, and
HSEM or its officers or employees rendering aid in another state pursuant to this compact shall not be
liable on account of any act or omission in good faith on the pa rt of such forces while so engaged or on
account of the maintenance or use of any equipment or supplies in connection there with
County /City holds H SEM, its agents and employees harmless from any claims or
cause of actions, including attorney's fees i ncurred by HSEM arising from the perfo rmance of this
agreement by County /City or the County /City agent or
employees. This clause will not construed to bar any legal remedies County /City may
have for HS EM's failure to fulfill its obligation under this agreement "Good faith" in this subdivision
does not include willful misconduct, gross negligence, or recklessness.
B. Supplementary Agreements. Nothing herein contained shall pre clude HSEM from entering into
supplementary agreem ents with another state or affect any other agree ments already in force between
states. Supplementary agreements may comprehend, but sha II not be limited to, provisions for
evacuation and reception of injured and other persons and the exchange of medical, fi re, police, public
utility, reconnaissance, welfare, transportation and comm unications personnel, and equipment and
supplies.
C. Compensation. County /City shall provide fo r the payment of compensation
and death benefits to injured members of the e mergency forces of C ounty /City and
representatives of deceased members of such forces in case suc h members sustain injuries or a re
killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the
injury or death were sustained within their own County /City.
D. Reimbursement. HSEM, when rendering aid in another state pursuant to this agreement shall be
reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the
operation of any equipment and the provision of any service in answering a request for aid and for the
costs incurred in connection with such requests; provided, that any aide ng party state may assume in
whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such
services to the receiving party state without charge or cost, and provided further, that any two or more
party states may enter into supplementary agreements establishing a different allocation of costs among
those states
E. State Audits. County /City documents relevant to this agreement are subject to
examination by the State and /or the State Auditor or Legislative Auditor, as appropriate, for a minimum
of six years from the end of the ag reement.
F. Government Data Practices. County/ City and HSE M must comply with Minnesota
Government Data Practice Act. Minn. Stat Ch 13 as it applies to all data provided by H SEM under this
agreement, and as it applies to all data created, collected, received, stored, used, maintained, or
disseminated by County /City under this agreement The civil remedies on Minn Stat.
13 08 apply to the release of data ref erred to in this clause by either County /City and
HSEM.
G. Workers Compensation and Other Insurance. County /City certifies that it
is in compliance with all insurance requirements Further, County /City certifies
that it is in compliance with all laws pertaining to workers' compensation insurance coverage.
County /City employees and agents will not be considered HSEM employees. Any
claims that may arise under workers compensation insuran ce coverage on beha If of these employees or
agents and any claims made by any third party as a consequence of any act or omission in the part of
these employees or agents are in no way the state's obligation or responsibility
H. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -la w
provision, governs this agreem ent Venue for all legal proceedings out of this agreement or its breach,
must be in the appropnate state or federal court with competent jurisdiction in R amsey County,
Minnesota
IV. REIMBU
Upon receipt of reimbursement from the State of HSEM shall transmit that reimbursement
to County /City in a final amount for the authorized expenses claimed on the employee
travel expense report (including salary and benefits), when reimbursement is received from the
Emergency Management Agency. Reimbursement shall not exceed the final, total amount
indicated on the travel expense report. County /City shall submit a final
invoice or other appropriate travel expenses report, with all appropriate documentation, to HS EM within 30
days of
retum to County /City HSEM shall reimburse
County /City within 30 days of receipt of reimbursement from the State
of
V. ALTERATIONS AND AMENDMENTS
This Agreement may only be amended by mutual agreement of the parties. Amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties
VL TERMINATION
Either party may terminate this Agreement upon 30 days prior wntten notification to the other party If this Agreement is so
terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this
Agreement pnor to the effective date of termination
VII. IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and year last specified
below This Agreement contains all the terms and conditions agreed upon by the parties No other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.
BY: BY
Al Bataglia, Director Date Name: Date
Minnesota Homeland Secunty and Emergency Management Signing Authonty
Department of Public Safety
County /City
WHEREAS, the Emergency Management Assistance Compact has been activated in response to
the disaster caused by Hurricane Katrina because state and local government resources of the
impacted states have been expended in response to the disaster, and
WHEREAS, the purpose of the Emergency Management Assistance Compact is to coordinate the
response of assisting personnel to the disaster, and
WHEREAS, any assisting local government must sign an Intergovernmental Agreement when
sending assisting personnel at the request of another state, and
WHEREAS, the City of Rosemount desires to assist the affected states by authorizing personnel to
respond to requests m which city staffs' skills may be utilized m Me disaster areas, and
WHEREAS, all requests for assistance will be evaluated based upon the City's abihty to meet the
request while also maintaining adequate staffing capabilities to perform the regular dunes and to
respond to potential emergencies within our own community,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemount
hereby authorizes Mayor Droste to sign Intergovernmental Agreements on the behalf of the City of
Rosemount to authorize city staff to respond to requests received through the Emergency
Management Assistance Compact.
Adopted by the City Council of the City of Rosemount this 6 day of September, 2005.
ATTEST:
City of Rosemount
Dakota County, Minnesota
RESOLUTION NO. 2005-
A RESOLUTION AUTHORIZATION THE SIGNING AND EXECUTION OF
INTERGVOERNMENTAL AGREEMENT (S) FOR ASSISTANCE TO STATES
IMPACTED BY HURRICANE KATRINA
Linda Jentink, City Clerk
CITY COUNCIL
CITY OF ROSEMOUNT
By
Williain Droste, Mayor
Motion by: Second by:
Voted in favor:
Voted against.
Member absent:
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