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HomeMy WebLinkAbout6.f. Minnesota Structural Collapse Technical Rescue Task Force Organization (Minnesota Task Force One) Sponsoring Agency AgreementEXECUTIVE SUMMARY City Council Meeting: January 17, 2017 AGENDA ITEM: Minnesota Structural Collapse/Technical Rescue Task Force Organization (Minnesota Task Force One) Sponsoring Agency Agreement AGENDA SECTION: Consent PREPARED BY: Mitchell Scott, Chief of Police AGENDA NO. 6.f. ATTACHMENTS: Resolution APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve the attached resolution approving the Sponsoring Agency Agreement. BACKGROUND On November 5, 2012 the City adopted a JPA with Minnesota Task Force 1; however Edina and Rochester failed to sign the JPA. At this time all cities have agreed to sign the new JPA. The Dakota County Special Operations Team (DCSOT) is one of five regional teams partially funded by the State to support structural collapse and technical rescue capabilities within Minnesota under the umbrella of Minnesota Task Force 1 (Task Force). The DCSOT is one of the primary first responder activities coordinated under the joint powers entity of the Dakota County Domestic Preparedness Committee (DCDPC). The DCSOT (36 people) is comprised of members from the County and 11 cities with members from fire, law enforcement and emergency medical services agencies. The team has responded to incidents involving hazardous materials, technical rescues and collapsed structures at locations throughout the County. The jurisdictions from the five regional teams (Minneapolis, St. Paul, Edina, Dakota County and Rochester), that are identified and sponsored by the State, have discussed the potential for forming a joint powers entity for several years to coordinate planning, training and funding for the Task Force. In addition, the formation of the Task Force also provides for liability and workers' compensation coverage if members of the Task Force are activated as a Specialized Emergency Response Team under MN Stat. Sec.12.351 during an emergency. Staff reviewed various options for including the members of the DCSOT on the Task Force with the County Attorney's Office. It was determined that the best approach was to have the County enter into the Task Force joint powers agreement as a member of the governing board and to have each of the member cities of the DCDPC become signatories to the Task Force as sponsoring agencies. This approach avoids legal issues of one joint powers entity entering into an agreement to form a new joint powers entity. Each city that is a member of the DCDPC is being encouraged to join the Task Force joint powers agreement as a sponsoring agency to provide for their current and future eligible members to participate in the planning, training and funding that will be available through the Task Force. Staff is recommending that the Dakota County Board of Commissioners appoint Dakota County Risk and Homeland Security Manager, B.J. Battig, and the DCSOT Team Manager, Sean McKnight to the Dakota County director 2 positions of the Task Force. The Rosemount City Attorney has reviewed the Sponsoring Agency Agreement of the Minnesota Structural Collapse/ Technical Rescue Task Force Organization JPA. There are no additional costs to the City of Rosemount in becoming a member of the Sponsoring Agency Agreement. RECOMMENDATION Staff recommends that the City approve the sponsoring agency agreement. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2017 - ______ RESOLUTION APPROVING SPONSORING AGENCY AGREEMENT BETWEEN MINNESOTA TASK FORCE ONE URBAN SEARCH AND RESCUE TEAM AND CITY OF ROSEMOUNT WHEREAS, the Council supports efforts to be better prepared for any potential disasters/emergencies in the City and Dakota County; and WHEREAS, Rosemount is a member of the Dakota County Domestic Preparedness Committee joint powers entity that supports the Dakota County Special Operations Team that provides response capabilities in the event of structural collapses and other technical rescues in Dakota County and through an approval process to other neighboring communities: and WHEREAS, the Dakota County Special Operations Team is one of five teams identified by the State of Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management (MN HSEM) to host a structural collapse team to respond to structural collapses and other technical rescues along with the Cities of Minneapolis, St. Paul, Edina and Rochester and partially supported by HSEM to develop an equipment cache and roster trained personnel able to respond in the event of structural collapses and other technical rescues; and WHEREAS, MN HSEM has required the formalization of the Minnesota Structural Collapse/Technical Rescue MN-TF1 Organization (MN-TF1) joint powers entity in order to streamline funding, ensure better coordination of training and equipment purchases and to enable the State to designate the members of the MN-TF1 as a Specialized Emergency Response Team under MN Stat. Sec. 12.351 to provide liability and workers’ compensation coverage during a State activation. WHEREAS, on November 5, 2012, the City Council authorized the execution of an agreement with the Minnesota Task Force One organization for the City of Rosemount’s participation in the program; and WHEREAS, the original agreement has been amended to allow the participation of the five charter teams of the Minnesota Task Force One program; and WHEREAS, the City Council desires to maintain City of Rosemount personnel on the Minnesota Task Force One Urban Search and Rescue Team through a Sponsoring Agency Agreement with the Minnesota Task Force One Urban Search and Rescue Team that takes the place of the City’s previous participation in the Joint Powers Agreement for Minnesota Task Force One. NOW, THEREFORE, BE IT RESOLVED the City Council approves executing the Sponsoring Agency Agreement between Minnesota Task Force One Urban Search and Rescue Team and the City of Rosemount. ______________________________ William H. Droste, Mayor ATTEST: _____________________________________ Clarissa Hadler, City Clerk MN-TF1 JPA [Rev 11/03/16] Page 1 Joint Powers Agreement For Minnesota Task Force One Urban Search and Rescue Team This Joint Powers Agreement (“Agreement”) is by and among the Cities of Minneapolis, St. Paul, Rochester, Edina, and the County of Dakota, all political subdivisions under the laws of the State of Minnesota (collectively referred as Participants). This Agreement supersedes all prior Joint Powers Agreements for Minnesota Task Force One by the same group of municipal corporations and the County of Dakota. This Agreement is made pursuant to the authority conferred upon the Participants by Minn. Stat. §471.59. The Participants to this Agreement are all “governmental units” as defined by Minnesota Statute §471.59, Subdivision 1. 1.0 GENERAL PURPOSE. The purpose of this Agreement is to establish the Minnesota Task Force One Urban Search and Rescue Team for the purpose of establishing, training, equipping, maintaining and deploying Minnesota Task Force One to incidents inside and outside the State of Minnesota as may be requested by a local agency or other unit of government pursuant to Minnesota Statute §§12.33, 12.331, 12.351, 192.89, or 192.91. 2.0 DEFINITIONS. In addition to the standard definitions found in the National Incident Management System (2008 and as amended from time to time), the following definitions apply to this Agreement. 2.1 “Minnesota Task Force One Urban Search and Rescue Team (referred to herein as ‘MN-TF1’) – The collective resources of Minneapolis, St. Paul, Edina, Rochester and the County of Dakota, governed by a Board of Directors as described herein, who provide response to incident activities pursuant to this Agreement. 2.3 “Team Member” – A trained and qualified person, as designated and approved by the Board, who is employed by, contracted to, or volunteering with a Participant or a Sponsoring Agency approved by the Board, as described below, who is or may be available to be activated to support incident response activities pursuant to this Agreement. 2.4 “Board” – The Board of Directors of MN-TF1 established by this Agreement. 2.5 “Director” – A member of the Board of Directors, or as other qualified as defined under this Agreement, who is employed by, contracted to, or volunteering with the Cities of Minneapolis, St. Paul, Edina, and Rochester, or Dakota County and is appointed by them to serve on the Board of Directors. MN-TF1 JPA [Rev 11/03/16] Page 2 2.6 “Participant” – Any governmental unit as defined by Minnesota Statute §471.59, Subdivision 1, which is a signatory to this Agreement, including: the Cities of Minneapolis, St. Paul, Rochester, Edina, and the County of Dakota. 2.7 “Sponsoring Agency” – Any agency, not a party to this Agreement, that allows one or more of it employees, contractors or volunteers to be a Team Member. All requests to become a Sponsoring Agency shall be reviewed and either accepted or denied by the Board. If approved, the new agency shall sign the ‘Sponsoring Agency Agreement’ attached hereto as Addendum A. All Sponsoring Agencies must execute the Sponsoring Agency Agreement and comply with all of the obligations imposed upon a Sponsoring Agency by that Agreement and this Joint Powers Agreement. 2.8 “Program Manager’s Group (PMG)” – A working group advisory to the Board that provides recommendations on all aspects of the team, including, but not limited to: planning, operations, training, logistics, administration and finance. At least one, but no more than two representatives shall be appointed to the PMG by the Director of their respective agency and shall have taken the FEMA equivalent Structural Collapse Technician Training, and all other applicable pre-requisite training as determined by the Board. 2.9 “Task Force Administrator” - An employee of a Participant who meets the qualifications as established by the Board, selected by the Board, serves at the direction of the Board, and performs executive duties assigned by the Board. MN- TF1 shall reimburse the Participant for the time and expenses incurred by the Participant for providing an employee to perform the duties of Administrator up to a maximum amount determined by action of the Board. A person serving in the role of Administrator remains an employee of the Participant and is not an employee of MN-TF1. 3.0 PARTICIPANTS. 3.1 Status: No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any Participant to be represented on the Board as long as such Participant continues to exist as a separate political subdivision. 3.2 Right to Withhold Assets: A Participant or Sponsoring Agency may decline some or all requested asset deployments if conditions within the borders of the Participant or Sponsoring Agency require retention of assets. 3.3 Responsibility for Employees: All persons engaged in the work to be performed on behalf of a Participant or Sponsoring Agency under this Agreement are not employees of any other Participant or Sponsoring Agency for any purpose, including worker’s compensation and other claims that may or might arise out of the employment context on behalf of the employees. A Participant or Sponsoring Agency shall not be responsible for the acts or omissions of another Participant’s or Sponsoring Agency’s employees or agents while engaged in any of the work performed under this Agreement. Each Participant and Sponsoring Agency is responsible for injuries to or death of its own employees and agents while performing work under this Agreement. Each Participant and Sponsoring Agency will maintain workers' compensation MN-TF1 JPA [Rev 11/03/16] Page 3 insurance or self-insurance coverage, covering its own employees while they are providing services under this Agreement. Each Participant and Sponsoring Agency waives the right to bring legal action against any other Participant or Sponsoring Agency for any workers' compensation benefits paid to its own employees or volunteers or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Participant or Sponsoring Agency or their respective officers, employees, or volunteers. Should any portion of this section conflict with the provisions of the laws under which MN-TF1 is activated, the terms of the applicable laws will control. 3.4 Emergency Management Assistance Compact EMAC: Any Participant or Sponsoring Agency with employees or volunteers engaged as a member of MN- TF1 and deployed as part of an EMAC request are afforded all the protections and coverage as stated in Minn. Stat. §192.89, and retains all stated protections and coverage while engaged as part of an EMAC request. 3.5 State Specialized Emergency Response Team Activation: Any Participant or Sponsoring Agency with employees or volunteers engaged as a member of MN- TF1 and activated by the state director of Homeland Security and Emergency Management as a Specialized Emergency Response Team are afforded all the protections and coverage as stated in Minn. Stat. §12.351, and retains all stated protections and coverage while deployed as part of this activation. 4.0 BOARD OF DIRECTORS. 4.1 Directors. MN-TF1 shall be governed by a Board of Directors which consists of seven Directors including one Director from each of Minneapolis, St. Paul, Edina, Rochester and Dakota County, one Director representing all of the Dakota County cities participating as Sponsoring Agencies, and one Director representing all other Sponsoring Agencies. Any Director may designate a member of his/her agency or group of agencies to attend a meeting of the Board. The Dakota County cities participating as Sponsoring Agencies shall collectively select one representative to serve as the Director for the Dakota County cities and notify the chair of the Board of the person selected. Similarly, all other Sponsoring Agencies shall collectively select one representative to serve as the Director for all Sponsoring Agencies not located within Dakota County and notify the chair of the Board of the person selected. 4.2 Compensation. Directors shall serve without compensation from the MN-TF1 or the Board. This shall not prevent a Participant or Sponsoring Agency from providing compensation to a Director for serving on the Board. 4.3 Director Term. Each Director appointed by a Participant or Sponsoring Agency group shall serve until replaced, or until the Director ceases to be an employee or volunteer of the appointing entity. MN-TF1 JPA [Rev 11/03/16] Page 4 5.0 VOTING/QUORUM 5.1 Voting. The Board Chair shall be notified in writing in advance of each meeting of an alternate representative from a Participant or Sponsoring Agency group, if that alternative representative is to have voting authority at the meeting. 5.1 Quorum. A majority of all of the Directors (4) shall constitute a quorum. A simple majority vote of the Directors present at a meeting with a valid quorum shall be required for the Board to take action, unless otherwise provided in this Agreement or by law. 6.0 BOARD OFFICERS AND ELECTIONS 6.1 Officers. The officers of the Board shall be a Chair and Vice-Chair. 6.2 Elections. At its first meeting, the Board shall elect a Chair and Vice-Chair. Each officer will serve a two-year term, ending on December 31. Officers elected to partial or unexpired terms shall serve out the partial term but must then stand for election with the other officers for the following term. 6.3 Vacancies. An officer shall be elected in the same manner as above to fill out an unexpired term of any office which becomes vacant. 6.4 Other Officers. The Board may elect or appoint such other officers as it deems necessary to conduct its meetings and affairs. 7.0 MEETINGS. 7.1 Annual Meeting. The Board shall meet at least annually, with the date as determined by the Board Chair after consulting with the other Directors. 7.2 Call. Meetings of the Board may be called by the Chair or upon the request of any four Directors. Directors shall receive at least three day’s notice of all meetings 7.3 Open Meeting/Data Practices. The MN-TF1 shall comply with data practices and open meeting laws which are applicable to the Participants and Sponsoring Agencies. 8.0 POWERS OF THE BOARD. The powers of the Board include, but are not limited to, those enumerated in this section. 8.1 Program Managers Group. The PMG shall provide recommendations and assist the Board in the response, training and equipping, and deployment and recovery of MN-TF1 assets, as stipulated below. 8.1.1 Response. Prepare, adopt, and implement a plan to provide MN-TF1 response according to the terms and conditions herein. MN-TF1 JPA [Rev 11/03/16] Page 5 8.1.2 Training and Equipping. Establish standard procedures, as well as train, equip, maintain, and govern the day-to-day organization and operation of MN-TF1. 8.1.3 Deployment and Recovery. Provide for the deployment and recovery of MN-TF1 assets to incidents as may be requested by other governmental units, or other established procedures, approved verbally or by proxy, by the Board. 8.1.4 Purchasing. Purchase apparatus, equipment, protective gear and goods and services, as established herein, as necessary for the performance of MN-TF1. 8.2 Budget. The Board shall approve an annual budget for MN-TF1. 8.3 Insurance. The Board may contract for or purchase such insurance as the Board deems necessary for the protection of the Board, Participants, Sponsoring Agencies and its property. At a minimum the Board shall maintain liability coverage for the actions of the Board with a limit of coverage equal to or greater than the liability limits under Minn. Stat. Ch. 466. The Board shall also obtain tail coverage following termination of the Agreement to cover the statute of limitations period during which a claim could be made against the Board. Any insurance obtained shall name each Participant and Sponsoring Agency as a covered party. 8.4 Contracts, Consultants, Expenses and Expenditures. The Board may make contracts, employ consultants, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and powers. 8.5 Audits. The Board shall cause to be made an annual audit of the books and accounts of the Board and shall make and file a report to the Participants and Sponsoring Agencies at least once each year. Strict accountability of all funds and report of all receipts and disbursements shall be made. 8.6 Committees. The Board may appoint such committees as it deems necessary to exercise the powers of the Board in accordance with by-laws adopted by the Board and as allowed by law. 8.7 Lawful Powers and By-Laws. The Board may exercise all other lawful powers necessary and incidental to the implementation of the purposes and powers set forth herein, including, without limitation, the adoption of by-laws to govern the functioning of the Board, provided that no by-law or action of the Board shall be contrary to the terms of this Agreement. 9.0 FINANCE. 9.1 No Bonding Authority. The joint powers board created by this Agreement is not authorized and does not possess the power to issue bonds or obligations pursuant to Minn. Stat. § 471.59, subd. 11. 9.2 Funding. MN-TF1 is funded through Federal and State appropriations. Participants and Sponsoring Agencies are not obligated under this Agreement to fund MN-TF1 in any other fashion without an amendment to this Agreement as described herein. MN-TF1 may MN-TF1 JPA [Rev 11/03/16] Page 6 accept funds, services and goods from non-governmental agencies, specifically for the non- profit operation of MN-TF1. 9.3 Internal Audits. The Board’s books, reports and records shall be available for and open to inspection by its Participants and Sponsoring Agencies at all reasonable times, but shall be subject to review at least annually, as stipulated above. 9.4 External Audits. The Board’s records shall be available for inspection by the public pursuant to Minnesota Statutes, Chapter 13. 9.5 Disbursements. MN-TF1 may make disbursements from public funds to carry out the purposes of this agreement. 9.6 Fiscal Agent. The Board shall designate one Participant, with that Party’s consent, to serve as the Fiscal Agent for MN-TF1. Funds may be disbursed by that Fiscal Agent, provided the method of disbursement shall agree as far as practicable with the method provided by law for the disbursement of funds by the parties to the Agreement. 9.7 Purchasing. Contracts let and purchases made under this Agreement shall conform to the requirements applicable to contracts and purchases of the Fiscal Agent. 9.8 Accountability. The Fiscal Agent shall maintain accountability of all funds and report on all receipts and disbursements. 9.9 Distribution of Property. In the event any Participant withdraws from this Agreement as provided for herein or by law, any property acquired by the withdrawing Participant that was purchased by the Fiscal Agent of MN-TF1 after July 1, 2015 will be returned to MN-TF1 and distributed to the remaining Participants based on the decisions of the Board of Directors. In the event of Termination of the Agreement as provided for herein or by law, any property acquired as the result of such joint or cooperative exercise of powers after July 1, 2015 shall remain the property of the Participant to which the Board of Directors has assigned the property. Participants agree to follow any applicable grant or other contractual obligations, or, if none, pursuant to Participants property disposal procedures after termination of this Agreement. Any surplus money shall be distributed on a pro rata basis to the Participants. Property acquired by Participants and Sponsoring Agencies prior to participating in MN-TF1 shall remain the property of the Participant or Sponsoring Agency. 10.0 INDEMNIFICATION. The Board shall defend, indemnify and hold harmless the Participants and Sponsoring Agencies and any Team Members against all claims, losses, liability, suits, judgments, costs and expenses by reason of the action or inaction of the Board. This agreement to indemnify and hold harmless does not constitute a waiver by any Participant or Sponsoring Agency of the limitations on liability provided under Minnesota Statutes, Chapter 466 or §3.736 or a waiver of any available immunities or defenses. To the fullest extent permitted by law, actions by the Participants and Sponsoring Agencies pursuant to this Agreement are intended to be and shall MN-TF1 JPA [Rev 11/03/16] Page 7 be construed as a “cooperative activity,” and it is the intent of the Participants and Sponsoring Agencies that they shall be deemed a “single governmental unit” for the purposes of liability, all as set forth in Minnesota Statutes, §471.59, subd. 1a(a); provided further that for purposes of that statute, each Participant and Sponsoring Agency expressly declines responsibility for the acts or omissions of any other Participant, Sponsoring Agency and Team Member from another Participant or Sponsoring Agency. Any excess or uninsured liability shall be borne equally by each Participant, excluding 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. 11.0 EXECUTION, DURATION AND AUTO-CONTINUATION 11.1 Execution. This Agreement shall be considered in effect and executed on the last date of signature from all of the (five) Participants 11.2 Duration. This Agreement shall remain in full force and effect for 10 years from the date of execution. 11.3 Auto-Continuation. If not specifically amended, this Agreement will automatically renew for additional one-year terms until amended or terminated by the Participants. 12.0 RECORDKEEPING AND FILING. 12.1 Joint Powers Agreement. The signed Agreement, along with a certified copy of the resolution authorizing the Agreement, shall be filed with the Office of the Commissioner of the Minnesota Department of Public Safety. 12.2 Standard Record Keeping and Filing. All official records of MN-TF1 shall be kept and maintained by the designated Fiscal Agent for retention and auditing as described herein. 13.0 AMENDMENTS. This Agreement may be amended only by the unanimous agreement of all the (five) Participants, acting by and through their governing bodies. 14.0 WITHDRAWAL, CONTINUING ORGANIZATION AND TERMINATION. 14.1 Withdrawal Notification. Any Participant shall have the right to withdraw from this Agreement (MN-TF1) in the following manner: MN-TF1 JPA [Rev 11/03/16] Page 8 14.1.1 Notice. Notice of intent to withdraw shall be given in writing to the Chair of the Board, declaring intent to withdraw from MN-TF1, effective on a specified date which shall not be less than ninety (90) days from the date of notice, and shall be hand- delivered or sent certified mail such that the Chair of the Board receives said notice not less than ninety (90) days before the effective date with withdrawal. 14.1.2 Approval. Upon receipt of the notice of withdrawal, the Chair of the Board shall call a meeting as provided in Section 7 of this Agreement for the purpose of reviewing the impact of a Participant withdrawal on MN-TF1. 14.2 Continuing Organization. Notwithstanding the Participant’s authority to withdraw, this Agreement and MN-TF1 shall continue in force until all remaining Participants mutually agree to terminate this Agreement. 14.3 Termination. The Office of the Commissioner of the Minnesota Department of Public Safety shall be notified in writing, not less than ninety (90) days from the effective date of termination of this Agreement. The Board shall continue to exist for the limited purpose of settling its affairs, disposing of its property and surplus monies, and discharging any debts, liabilities or other obligations of MN-TF1 that require formal severance. 15.0 CAPTIONS. The captions of this Agreement are for convenience and reference only; they in no way define, limit, or describe the scope or intent of this Agreement. 16.0 SEVERABILITY. The provisions of this Agreement are severable. If any section, paragraph, subdivision, sentence, clause, or phrase of the Agreement is held to be contrary to law, rule, or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. 17.0 COUNTERPARTS. This Agreement shall not be executed in any number of counterparts, without express approval by the Board under established Amendment procedures herein. Unless specifically delegated, the Chair of the Board shall maintain copies of the document to and ensure its availability to all Participants. 18.0 CONSTRUCTION. Each provision of this Agreement has been reviewed and negotiated, and represents the combined work product of all Participants hereto. No presumption or other rules of construction that would interpret the provisions of this Agreement in favor of, or against each Participant preparing the same, shall be applicable in connection with the construction or interpretation of any of the provision of this Agreement. MN-TF1 JPA [Rev 11/03/16] Page 9 19.0 GOVERNING LAW. This Agreement and the rights of the Participants and Sponsoring Agencies shall be governed by and construed in accordance with the laws of the State of Minnesota. 20.0 ENTIRE AGREEMENT. The entire agreement between the Participants hereto is contained in this Agreement, and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to the subject matter of this Agreement. IN WITNESS WHEREOF - the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute 471.59. MN-TF1 JPA [Rev 11/03/16] Page 10 Execution Page For the Joint Powers Agreement For Minnesota Task Force One Urban Search and Rescue Team The party listed below has read, agreed to and executed this Agreement on the date indicated. This agreement is in effect for 10 years from date of execution, as described herein. City of Minneapolis By: _________________________ John Fruetel, Fire Chief Date: ____________ MN-TF1 JPA [Rev 11/03/16] Page 11 City of Saint Paul By: _____________________________ Title: Fire Chief Date: ___________________________ By: _____________________________ Title: City Attorney Date: ____________________________ By: ______________________________ Title: Director of Financial Services Date: ____________________________ By: _____________________________ Title: Mayor Date: ____________________________ MN-TF1 JPA [Rev 11/03/16] Page 12 City of Edina By: _________________________ Tom Schmitz, Fire Chief Date: ____________ MN-TF1 JPA [Rev 11/03/16] Page 13 CITY OF ROCHESTER, a Minnesota municipal corporation BY__________________________ ITS MAYOR ATTEST:_____________________ ITS CLERK STATE OF MINNESOTA) )SS COUNTY OF OLMSTED) The foregoing instrument was acknowledged before me this _______day of _______________, 2016, by Ardell F. Brede and Aaron S. Reeves, the Mayor and City Clerk, respectively, of the City of Rochester, a Minnesota municipal corporation, for and on behalf of the corporation. ___________________________________ Notary Public MN-TF1 JPA [Rev 11/03/16] Page 14 County of Dakota By: ________________________________ Nancy Schouweiler County Board Chair Date: ____________ Approved as to Form _____________________________________ Assistant County Attorney Date KS14-316 Task Force 1 JPA Rev 11-3-16 MN-TF1 JPA [Rev 11/03/16] Page 15 ADDENDUM A Sponsoring Agency Agreement between Minnesota Task Force One Urban Search and Rescue Team And The City of Rosemount For Minnesota Task Force One Urban Search and Rescue Team Participation The parties to this Agreement are the Minnesota Task Force One Urban Search and Rescue Team, a joint powers entity of municipal corporations within the State of Minnesota (referred to herein as ‘MN-TF1’) and the City Of Rosemount, a Municipality of the State of Minnesota (referred to herein as ‘Sponsoring Agency’). 1. Purpose. The purpose of this agreement is to enable the Sponsoring Agency to assign one or more of its employees or volunteers as a Team Member to MN-TF1 and to enable the MN-TF1 to accept such employees and volunteers as participants, on the terms and conditions stated herein. Team Members, for purposes of this Agreement, includes firefighters, licensed peace officers, emergency medical technicians, building inspectors, public works employees, public health workers, information technology workers, among others. Whenever the term “employee” or “employees” appears in the Agreement, the term includes employees and volunteers of a Sponsoring Agency unless stated otherwise. 2. Term. This Agreement shall be in effect as of the date that it is executed by both parties and shall remain in effect indefinitely or until either party terminates the Agreement pursuant to Section 6. 3. Assignment of Employees. a. Assignment. The Sponsoring Agency may assign its employees to the Task Force, only with the consent of MN-TF1, which consent may be withdrawn by MN-TF1 at any time, and in accordance with the procedures of MN-TF1. Employees so assigned remain employees or volunteers of the Sponsoring Agency and are not employees of MN-TF1. When MN-TF1 is providing assistance to a party of MN-TF1, Sponsoring Agency shall compensate its employees just as if they were performing the duties within and for the Sponsoring Agency. b. Workers’ Compensation. Sponsoring Agency shall be responsible for injuries to or death of its own employees and shall maintain workers’ compensation coverage or self-insurance coverage, covering its own employees and volunteers MN-TF1 JPA [Rev 11/03/16] Page 16 while they are providing assistance as a member of the MN-TF1. The Sponsoring Agency waives its right to commence legal action against the MN-TF1 or any of its members for any workers’ compensation benefits paid to its employees or their dependents, even if the injuries were caused wholly or partially by the negligence of the MN TF-1 or any of the members thereof. c. Damage to Equipment. The Sponsoring Agency shall be responsible for damage to or loss of its own equipment occurring during training or deployment of the MN-TF1. The Sponsoring Agency waives the right to commence legal action against MN-TF1 or any of the members for any damages to or loss of its equipment, even if the damages or losses were caused by the negligence of MN- TF1 or any member thereof. d. Liability. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), employees or volunteers assigned by the Sponsoring Agency to the Task Force are employees of Sponsoring Agency. The Sponsoring Agency agrees to defend, indemnify and hold harmless MN-TF1 and any of the members thereof against any claims brought or actions filed against MN-TF1 or any of the members thereof or any officer, employee or agent thereof for injury to, death of, or damage to the property of any third person or persons, arising from the action or omission of its employees or volunteers while providing assistance as a member of the MN-TF1. Under no circumstances shall the Sponsoring Agency be required to pay on behalf of itself and MN-TF1 and any of the members thereof any amounts in excess of the limits of liability established in Minn. Stat. Ch. 466 applicable to any one entity. The limits of liability for MN-TF1, any of its members and the Sponsoring Agency may not be added together to determine the maximum amount of liability for any of them. e. Costs. Sponsoring Agencies are not entitled to reimbursement by MN-TF1 or any member thereof of its costs incurred in connection with activities undertaken pursuant to this agreement, except for its costs which are reimbursable pursuant to policies established by the Board of Directors of MN-TF1. MN-TF1 may voluntarily reimburse other costs to the extent that grant funds are available. 4. MN-TF1. a. Consent. MN-TF1 hereby consents to the assignment by Sponsoring Agency of its employees or volunteers to participate on the MN-TF1, on the condition that the Sponsoring Agency and its employees or volunteers comply with all applicable MN-TF1 policies and procedures. MN-TF1 hereby reserves the right, at any time it deems appropriate, to withdraw its consent provided hereunder and terminate this Agreement for any reason. b. Charges. MN-TF1 agrees to remit to the Sponsoring Agency any funds that it receives with respect to services provided by the Sponsoring Agency while participating on the MN-TF1, to the same extent as if the Sponsoring Agency MN-TF1 JPA [Rev 11/03/16] Page 17 were a party to said MN-TF1 Joint Powers Agreement. Except as provided in this Section 4(b), MN-TF1 shall have no obligation to reimburse any costs incurred by Sponsoring Agency for assigning its employees and volunteers to participate on the MN-TF1. 5. Sponsoring Agency. By executing this Agreement Sponsoring Agency agrees to comply with all terms of the Joint Powers Agreement for Minnesota Task Force One Urban Search and Rescue Team that apply to sponsoring agencies. Sponsoring Agency acknowledges that the Indemnification and Liability provisions of Section 10 of the MN FT-1 Joint Powers Agreement also apply to Sponsoring Agency. 6. Miscellaneous. a. Notices. Notices required pursuant to this agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: Sponsoring Agency: MN-TF1: A party providing written notice of intent to terminate this Agreement shall also provide such notice to the Fiscal Agent of the MN-TF1, each Participant entity of the Minnesota Task Force One Urban Search and Rescue Team Joint Powers Agreement, and to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. b. Termination. Either party may terminate this agreement without cause upon thirty days’ written notice to the other. On the effective date of termination the entity executing this Agreement shall no longer be a Sponsoring Agency of MN-TF1. c. Effect of Termination. Termination of this Agreement shall not discharge any liability, responsibility or other right of either party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. d. Amendments. This Agreement may be amended only in writing and upon the consent of the governing bodies of the parties. e. Records, accounts, reports. The books and records of the Sponsoring Agency related to participation as a Sponsoring Agency shall be subject to the provisions of Minn. Stat. Ch. 13 and Minn. Stat. § 16B.06, subd. 4. MN-TF1 JPA [Rev 11/03/16] Page 18 f. Severability. The provisions of this Agreement are deemed severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or unenforceable shall substantially impair the value of the entire Agreement with respect to either party. In Witness Whereof, the parties have executed this Agreement on the dates indicated below. Minnesota Task Force One Urban Search and Rescue Team ________________________________ By: By: Print Name: Clarissa Hadler Print Name: William H. Droste Title: City Clerk Title: Mayor Date: January 17, 2017 Date: January 17, 2017 Approved as to form: Assistant County Attorney Date KS14-316 MN Task Force One Sponsoring Agency Agreement Rev 11-03-2016