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HomeMy WebLinkAbout5.a.1 Intergovernmental Agreement - Response to Hurricane KatrinaAGENDA ITEM: Intergovernmental Agreement Response to Hurricane Katrina AGENDA SECTION: .eFil XTivlfiil 4 4 2fc c 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: C.\Documents and Settings111i1Local Settings \Temporary Internet Files \OLK11501Reso Intergov Agremt Katnna0905 doc