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6.i. Authorize Participation - MnWARN
4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Special Meeting: August 4, 2010 BACKGROUND: The Utility Commission brought this item forward at the May 10, 2010 regular meeting to consider participation in the Minnesota Water /Wastewater Agency Response Network (MnWARN). This network is a coalition of Minnesota cities registered to provide and receive assistance with utility systems in the event of a natural disaster. Membership in the network is free. A list of the current member cities is attached. The agreement has been reviewed and approved by the City attorney. SUMMARY: The Utility Commission recommended that Council consider authorizing participation in MnWARN. G: \ENGPROJ \ENG 0157 - MnWARN \20100804 CC Authorize MnWARN Agreement.doc AGENDA SECTION: AGENDA ITEM: Authorize Participation - MnWARN Consent PREPARED BY: Andrew J. Brotzler, PE, Director of Py4lic AGENDA NO. Works /City Engineer ATTACHMENTS: Resolution; Mutual Aid Agreement APPROVED BY: DW- RECOMMENDED ACTION: Motion to adopt a resolution authorizing the governmental unit to be a party to Minnesota's Water/Wastewater Agency Response Network (MnWARN). BACKGROUND: The Utility Commission brought this item forward at the May 10, 2010 regular meeting to consider participation in the Minnesota Water /Wastewater Agency Response Network (MnWARN). This network is a coalition of Minnesota cities registered to provide and receive assistance with utility systems in the event of a natural disaster. Membership in the network is free. A list of the current member cities is attached. The agreement has been reviewed and approved by the City attorney. SUMMARY: The Utility Commission recommended that Council consider authorizing participation in MnWARN. G: \ENGPROJ \ENG 0157 - MnWARN \20100804 CC Authorize MnWARN Agreement.doc CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2010 — A RESOLUTION AUTHORIZING THE GOVERNMENTAL UNIT TO BE A PARTY TO MINNESOTA WATERIWASTEWATER AGENCY RESPONSE NETWORK (MnWARN) WHEREAS, Minnesota Statutes, Section 471.59 authorizes governmental units by agreement of their governing bodies to jointly or cooperatively exercise any power common to them; WHEREAS, MnWARN has been established by the adoption of a Mutual Aid Agreement (the Agreement) among Governmental Units to allow their water, wastewater and storm water utilities to assist each other in case of an emergency. WHEREAS, the Agreement allows other governmental units to become a party to the Agreement by the adoption of this resolution and sending notice to the Secretary of the Statewide Committee for MnWARN; and WHEREAS, the governing body of the City of Rosemount considers it to be in the best interests of the City of Rosemount to be party to the Agreement. NOW THEREFORE BE IT RESOLVED, that the City of Rosemount: 1. Authorizes Mayor and City Clerk to sign this resolution evidencing the intent of the City of Rosemount to be a party to MnWARN; and 2. City Clerk is directed to send a certified copy of this resolution and a completed membership information form to the Secretary of the Statewide Committee of MnWARN; and 3. City of Rosemount agrees to comply with all terms of the Agreement. ADOPTED this 4`' day of August, 2010. CERTIFICATION I hereby certify that the foregoing is a true and correct copy of a resolution presented to and adopted by the City Council of Rosemount at a duly authorized meeting thereof, held on the 4th day of August, 2010, as disclosed by the records of said City in my possession. (SEAL) Amy Domeier, City Clerk William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk MnWARN Members Page 1 6f.61 Hume MnWARN Members articipation Minnesota Water /Wastewater Agency Response Network (MnWARN) members to date (listed by MnWARN Region): Mutual Aid Agreement Region 1 embers ■ City of Adams j>ftintpoiky statement ■ City of Altura ■ City of Amboy ■ City of Canton ■ Dover Eyota St. Charles Area Sanitary District ■ City of Emmons ■ City of Faribault ■ City of Freeborn ■ City of Frost ■ City of Good Thunder ■ City of Houston ■ City of Janesville ■ City of Kellogg ■ City of Kenyon ■ City of Lake City ■ City of LeRoy ■ City of Madison Lake ■ City of Mankato I http: / /www.mnwam.org/members.htm 07/28/2010 MnWARN Members ■ City of Mapleton ■ City of New Richland ■ City of Rushford ■ City of Rushford Village i ■ City of Saint Peter ■ City of Spring Grove ■ City of St. Clair I ■ City of Stewartville ■ City of Winnebago Region 2 ■ City of Aitkin ■ 9 City of Backus ■ City of Beaver Bay s ■ City of Breezy Point ■ City of Cohasset ■ City of Hackensack ■ City of Keewatin ■ i City of Kettle River ■ City of La Prairie ■ City of Pine River fi ■ City of Remer Region ■ City of Climax ■ City of Georgetown ■ City of Glyndon ■ City of Hawley ■ City of Hendrum http : / /www.mnwarn.org/members.htm Page 2 of 6 07/28/2010 MnWARN Members • Kittson Marshall Rural Water • City of Lake Bronson • City of Moorhead • City of Park Rapids • City of Perley • City of Plummer • City of Red Lake Falls • City of Shelly Region 4 • City of Annandale • City of Ashby • City of Barrett • City of Battle Lake • City of Bertha • City of Cokato • City of Cold Spring • City of Dalton • City of Darwin • City of Elbow Lake • City of Henning • City of Hewitt • City of Lake Lillian • City of Melrose • City of Milaca • City of Parkers Prairie • City of Paynesville • City of Randall http : / /www.mnwam.org/members.htrn Page 3 of 6 If f 07/28/2010 MnWARN Members http: / /www.mnwam.org/members.htm Page 4 of 6 • City of Rothsay • City of Sartell • City of St. Cloud • City of St. Joseph • City of St. Martin • City of Verndale • City of Waite Park • City of Willmar Region 5 • City of Beaver Creek • City of Bird Island • City of Biscay • City of Canby • City of Clarkfield • City of Cottonwood • City of Dawson • City of Dunnell • City of Fairfax • City of Fulda • City of Glencoe • City of Hutchinson • City of Lewisville • Lincoln Pipestone Rural Water i • City of Luverne • City of Madelia • City of Madison • City of Marshall 07/28/2010 MnWARN Members • City of Minneota • City of Montevideo • City of Morton • City of New Ulm • City of Pipestone • Rock County Rural Water • City of Sherburn • City of Slayton • City of St. James • City of Trimont • City of Vesta • City of Wanda • City of Welcome • City of Windom Region 6 • City of Apple Valley • City of Bloomington • City of Burnsville • City of Mayer • City of Minneapolis • City of Shakopee • St. Paul Regional Water • City of Stacy • City of Victoria • City of Watertown • White Bear Township http: / /www.mnwam.org/members.htrn Page 5 of 6 M _f 07/28/2010 I� n lAlARN Minnesota's WaterlWastewater Agency Response Network t � To enhance the recovery of utility systems from natural and declared disasters. PROMOTING AND SUPPORTING A STATEWIDE RESPONSE TO UTILITY EMERGENCIES AND DISASTERS THROUGH MUTUAL ASSISTANCE FOR WATER, WASTEWATER, AND STORMWATER UTILITIES IN MINNESOTA. A Water and Wastewater Agency Response Network (WARN) is a network of utilities helping utilities respond to and recover from emergencies. Mutual Aid/ Assistance 's one agency helping another based on a written agreement. The assistance is provided across jurisdictional boundaries in the event of an emergency. Participation is voluntary. There is no obligation to respond. There is no cost to participa *.e. A WARN provides a forum for establishing and maintaining emergency contacts. A WARN program provides a utility with access to specialized, certified, and knowledge- able utility personnel. A WARN is important because utility resources are specialized; utilities must be self - sufficient; and utilities must fill in the gap before the arrival of government aid. Benefits of a WARN: • There is no cost to participate. • WARN is like investing in a no cost insurance policy to access resources when needed. • WARN increases emergency preparedness and coordination. • WARN enhances access to specialized resources. • WARN expedites arrival of aid (don't have to work out the administrative items; the agreements and WARN protocols work them out in advance for you). • WARN agreement contains indemnifi- cation and worker's compensation provisions to protect participating utilities and provide reimbursement protocols. • There is no obligation to respond. GG MnWARN ........ bringing the water and wastewater utility community together. For additional information, contact: ► ► ► MnWARN 217 12th Avenue SF Elbow Lake, MN 56531 (800) 367 -6792 NvNivt.%lnWARN.or` a r.� a a� GO MnW. Minnesota's WaterlWastewater Agency Response Network -. -.- ----- .:_...___.__ w_-.--,---.-..- ...- ____.-__-.__:_...,,:3. . 1 owl Our Mission: To promote and support a statewide response to utility emergencies and disasters through mutual assistance for water, wastewater. and storm - water utilities in Minnesota. www.MnWARN.org Minnesota Pollution HSEW Control Agency �/ w °:._ . _ -i• (171.5 �._ NInWARNT Participation Minnesm's Water1 Wastewater WARNAgency Respaase NeWA i Page 1 of 2 Utilities Helping Utilities >Home How Does My Utility Participate? >Participation Participation in MnWARN is voluntary and membership is Free. To participate in MnWARN, simply fill out the Membership Information Form and >hlutual Aid Agreement Membership Application Ouestionnaire and submit to MnWARN along with the Mutual Aid Agreement and Resolution. The governing entity must >hlembers adopt the Mutual Aid Agreement and Resolution. MnWARN also recommends that a sample equipment schedule of fees be adopted by >Joint Policy Statement your governing entity. In the event of a MnWARN response, if a schedule of charges is not agreed upon, the default will be FEMA rate of reimbursement. >ICS /mMS Members must identify Authorized Officials and alternates, provide contact > Resources information including 24 -hour access, and maintain resource information made available by the utility for mutual aid and assistance response. This is done in the application process and should be updated annually. ©DirecNrs > Contact Us A good resource to download: Understanding how insurance works In mutual aid situations. What is a MnWARN Event? MnWARN can be activated only when there has been a formal declaration of an emergency issued by a community's authorized official or alternate, whose name is listed as such on the MnWARN Web site (Mutual Aid Agreement, Article II, Subpart D and Article IV, Subpart A). Once activated, both parties would be acting under the provisions of the Mutual Aid Agreement. While services may be exchanged among parties who are both MnWARN members, without the formal declaration of an emergency, such activity would not qualify as a MnWARN event and would occur outside of the MnWARN response network. What is an Emergency? Any occurrence that is, or is likely to be, beyond the control of the services, personnel, equipment, or facilities of a Party's utility (Article II, Subpart D). Emergencies are generally unforeseen events. Participation in MnWARN does not create any duty to respond to a request for assistance. When a Member receives a request for assistance, the Authorized Official shall have absolute discretion as to the availability of resources. An Authorized Member's decisions on the availability of resources shall be final. Requests for Assistance Any water or wastewater utility in Minnesota can request assistance from MnWARN by calling the Minnesota Duty Officer at 1- 800-422-0798. The Duty Officer will call the appropriate Regional Director. The Duty Officer is for MnWARN events only - all questions regarding MnWARN should be directed to the MnWARN directors. Assistance can be in the form of equipment, supplies, or trained personnel. During an emergency, MnWARN will match equipment, resources, and personnel with those best available within the MnWARN network. MnWARN will coordinate relief efforts for the donating and receiving utility through the incident command center. MnWARN will work with the corresponding local, state, and federal agencies as necessary. http:// www.ninwam.org /participation.htm 4/30/2010 i Wvk NAWC N N/\CW/\ American r= Water Works 4ATIONAL ASSOCIATION OF 'NATEH CCMPANIES Association Wment ASIWPCA o � Association of State and Prcterui &Enbancft Interstate Water Pbllution dx Globn! Water Environment Control Administrators Utilities Helping Utilities Joint Policy Statement on _Mutual Aid & Assistance Networks The water sector is committed to a "Utilities Helping Utilities" concept and is taking steps to encourage utilities and local/state governments to establish intrastate mutual aid and assistance networks. The purpose of these networks is to provide a method whereby water /wastewater utilities that have sustained damages from natural or manmade events could obtain emergency assistance in the form of personnel, equipment, materials, and other associated services as necessary, from other water /wastewater utilities. The objective is to provide rapid, short-term deployment of emergency services to restore the critical operations of the affected water /wastewater utility. A pre - established agreement among a network of utilities can complement and enhance local capabilities to prepare for and respond to a broad range of threats, both natural and man -made. The establishment of such intrastate mutual aid and assistance networks is a core principle of the National Preparedness Goal developed by the Department of Homeland Security. Formalizing the existing capability to provide mutual aid and assistance provides the water /wastewater sector with a degree of resiliency against natural or manmade disaster to ensure continuity of service to our sector's customers. It is essential that all partners in the water and wastewater community work together to support this concept. We encourage our members to discuss this concept with peers and take the steps necessary to establish an intrastate mutual aid and assistance network. Mutual Aid Joint Policy Statement February 15,2006 r ... y Minnesota's Water /Wostewater AlnWARN a Agency Response Network Member Information Form Utility Information Utility Name: Fill -in applicable information: Water Utility: ❑ PWS ID #: Connections: Type of System: ❑ GroundwatE.T OR ❑ Source Water Wastewater Utility: ❑ Permit# Connections: Storm Water Utility: ❑ Permit# (if applicable) Physical Address: City /State /Zip: County: _ 24 Hour Telephone# Authorized Official: Primary Contact Information Name: Title: Emergency Telephone #: E -mail: Additional Personnel Contact Information Name: Title Emergency Telephone #: E -mail: Emergency Operation Center: Name: Emergency Telephone #: E -mail: Return Completed Form to MnWARN at 217 12th Avenue SE, Elbow Lake, MN 56531 MINNESOTA WATER AGENCY RESPONSE NETWORK (MnWARN) MUTUAL AID AGREEMENT This Minnesota Water Agency Response Network (MnWARN) Mutual Aid Agreement is made and entered into by the undersigned Parties. WHEREAS, the Parties hereto are authorized by law or home rule charter to establish a water, wastewater or storm water utility; and WHEREAS, the Parties hereto have established a water, wastewater and /or storm water utility; and WHEREAS, the Parties recognize that an Emergency may require Assistance in the form of personnel, equipment and supplies from a Utility outside the Governmental Unit; and WHEREAS, the governing bodies of the Parties have investigated the facts and determined that it is in their best interests to authorize their Utilities to work cooperatively with another Party's Utilities when there is an Emergency; and WHEREAS, Minnesota Statutes, Section 471.59 authorizes the Parties by agreement of their governing bodies to jointly or cooperatively exercise any power common to them. NOW, THEREFORE, in consideration of the mutual covenants made herein, the Parties agree as follows: ARTICLE I PURPOSE The Parties recognize that in an Emergency, their Utilities may require Assistance in the form of personnel, equipment and supplies from outside the area of impact. The purpose of this Agreement is to provide a framework, in the event of an Emergency, for the Parties to participate in an intrastate program for mutual aid assistance to provide water, wastewater and storm water utility services. The Parties authorize their Utilities to cooperatively assist other Party's Utilities when there is an Emergency, subject to the discretion of the Responding Party's Authorized Official as set forth in Article IV. ARTICLE II DEFINITIONS A. Agreement — This Water Agency Response Network Mutual Aid Agreement. B. Assistance — Resources, including but not limited to personnel, equipment, material and supplies that a Responding Party's Utility provides to a Receiving Party's Utility. C. Authorized Official — An employee or official of a Party's Utility that is authorized by the Party's governing body to request Assistance or provide Assistance under this Agreement. D. Emergency — Any occurrence that is, or is likely to be, beyond the control of the services, personnel, equipment or facilities of a Party's Utility. E. Governmental Unit -- A city, county or township in Minnesota or a city's public utilities commission. F. MnWARN — The framework for public water, wastewater and storm water utilities in Minnesota to assist other public water, wastewater and storm water utilities when there is an Emergency that requires Assistance from another Utility. The framework includes this Agreement and other resources to be developed and coordinated by the Statewide Committee to implement the purpose of this Agreement. G. National Incident Management System (NIMS) — A national, standardized approach to incident management and response that sets uniform processes and procedures for emergency response operations. H. Party /Parties — One or more governmental units that has a water, wastewater or stormwater utility that executes this Agreement or adopts this Agreement by resolution pursuant to Article XIV. I. Period of Assistance — The period of time when a Responding Party assists a Receiving Party. The period commences when personnel, equipment or supplies depart from a Responding Party's facility and ends when the resources return to their facility. All protections identified in the Agreement apply during this period. The Period of Assistance may occur during response to or recovery from an Emergency. J. Receiving Party — A Party who requests and receives Assistance under this Agreement. K. Responding Parry — A Party that provides Assistance to another Party pursuant to this Agreement. L. Statewide Committee — The committee responsible for overseeing MnWARN on a statewide level. M. Steering Committee -- The leadership group that established MnWARN and the development of this Agreement. N. Utility/Utilities — A water, wastewater and /or storm water utility of a Party. 2 ARTICLE III ADMINISTRATION A. Statewide Committee. Voting Members. MnWARN shall be administered through a Statewide Committee. The Statewide Committee shall be comprised of nine (9) voting members. The voting members of the Statewide Committee shall be comprised as follows: (i) an employee or official of a Utility located in Region 1 of the Minnesota Division of Homeland Security and Emergency Management Regions; (ii) an employee or official of a Utility located in Region 2 of the Minnesota Division of Homeland Security and Emergency Management Regions; (iii) an employee or official of a Utility located in Region 3 of the Minnesota Division of Homeland Security and Emergency Management Regions; (iv) an employee or official of a Utility located in Region 4 of the Minnesota Division of Homeland Security and Emergency Management Regions; (v) an employee or official of a Utility located in Region 5 of the Minnesota Division of Homeland Security and Emergency Management Regions; (vi) an employee or official of a Utility located in Region 6 of the Minnesota Division of Homeland Security and Emergency Management Regions; (vii) an employee or official of the Minnesota Rural Water Association; (viii) a representative from the Minnesota Section of the American Water Works Association; and (ix) a representative of the Minnesota Wastewater Operator's Association. a. Initial Voting Members. The initial voting members representing the six regions of the Minnesota Division of Homeland Security and Emergency Management Regions shall be selected by the Steering Committee. The other three voting members shall be selected by the organization they represent. b. Subsequent Voting Members. The appointment or election of subsequent voting members shall be done in accordance with bylaws to be adopted by the Statewide Committee. c. Terms. The terms of the voting members shall be established by the bylaws to be adopted by the Statewide Committee. d. Changes. The Statewide Committee may change the number or composition of the voting members in accordance with its bylaws: 2. Advisory Members. There shall be at least six (6) advisory members of the Statewide Committee who shall not be entitled to vote. The advisory member shall consist of a representative to be selected by each of the following organizations: (i) the Minnesota Pollution Control Agency; (ii) the Minnesota Department of Health; (iii) Minnesota Homeland Security and Emergency Management; (iv) the Association of Minnesota Emergency Managers; (v) the Minnesota Municipal Utilities Association; and (vi) the League of Minnesota Cities. The voting members of the Statewide Committee may change the number or composition of the advisory members in accordance with its bylaws. The terms of the advisory members shall be established by the bylaws of the Statewide Committee. 3. Officers. The Statewide Committee shall have the following officers: a Chair, a Vice - Chair and a Secretary. The initial officers shall be elected by the Statewide Committee at its first meeting. The terms of the initial officers and subsequently elected officers 3 shall be established by the bylaws of the Statewide Committee. The officers shall have the following powers: a. Chair. The Chair shall have no more power than any other member of the Statewide Committee except that the Chair shall act as the presiding officer at all Statewide Committee meetings and may have other duties as assigned from time to time and prescribed by the Statewide Committee. b. Vice - Chair. The Vice -Chair shall act as the presiding officer at any Statewide Committee meeting not attended by the Chair and shall perform the Chair's duties in the Chair's absence. The Vice -Chair may have other duties as assigned from time to time and prescribed by the Statewide Committee. c. Secretary. The Secretary shall be responsible for ensuring that minutes are prepared for all Statewide Committee meetings. The Secretary shall also keep all books and records of the Statewide Committee and shall give all notices required by law, and may have other duties as assigned from time to time and prescribed by the Statewide Committee. The Statewide Committee may delegate all or part of the Secretary's duties required under this Section to another person; provided that such delegation shall not relieve the Secretary of ultimate responsibility for these duties 4. Powers. The Statewide Committee shall have the following powers: a. To coordinate emergency planning and response activities of Utilities in coordination with the emergency management and public health system of the State; b. To adopt policies and procedures to further the purpose of MnWARN; c. To establish committees, including regional committees, to assist in implementing the purpose of MnWARN; d. To develop a resource list of personnel, equipment, supplies and other resources that may be used to provide Assistance; e. To establish a website to facilitate the Parties' use of MnWARN; f. To develop protocols, forms or procedures for Parties to request assistance; g. To develop educational materials; and h. To develop training materials and conduct training for Parties. 5. Meetings. The Statewide Committee shall hold meetings as follows: a. Organizational Meeting. An organizational meeting shall be held at a time and place to be determined by the Steering Committee. b. Regular Meetings. Thereafter, the Statewide Committee shall meet at least annually. A schedule of regular meetings may be adopted by the Statewide n Committee at the organizational meeting. A schedule of regular meetings may be changed from time to time as deemed necessary by the Statewide Committee. c. Special Meetings. Special meetings of the Statewide Committee may be called by the Chair and must be called by the Chair upon written request of two Statewide Committee members. d. Quorum. The Statewide Committee shall not take official action unless a majority of the voting members are present in person or via electronic communication. ARTICLE IV REQUESTS FOR ASSISTANCE A. Party Responsibility. The Parties shall identify an Authorized Official and one or more alternates; provide contact information including 24 -hour access; and maintain the resource information required contained in the member information form to be developed by the Statewide Committee. The Parties shall update this information as required by the bylaws. In the event of an Emergency, a Party's Authorized Official may request Assistance from a Party's Utility. The Authorized Official must specifically state that Assistance is being requested under MnWARN to activate the provisions of this Agreement. Requests for Assistance can be made orally or in writing. When made orally, the request for Assistance shall be prepared in writing as soon as practicable. Requests for Assistance shall be directed to the Authorized Official of a Party. Specific protocols for requesting Assistance shall be established by the Statewide Committee. B. Response to a Request for Assistance. After a Party receives a request for Assistance, the Authorized Official should evaluate if resources are available to respond to the request for Assistance. Following the evaluation, the Responding Party's Authorized Official shall inform, as soon as possible, the Receiving Party's Authorized Official if it can provide Assistance. If Assistance is provided, the Responding Party shall inform the Receiving Party about the type of available resources and the approximate arrival time of such resources. C. Discretion of Responding Party's Authorized Official. Adoption of this Agreement does not create any duty to provide Assistance. When a Party receives a request for Assistance, the Authorized Official shall have absolute discretion to provide Assistance or to not provide Assistance. A Party's decision to provide Assistance or not provide Assistance shall be final. No Party nor any employee or officer of any Party shall be liable to any other Party or to any person for failure of any Party to furnish Assistance or for recalling Assistance. ARTICLE V RESPONDING PARTY PERSONNEL A. National Incident Management System (NIMS). When providing Assistance under this Agreement, the Requesting Party's Utility and the Responding Party's Utility shall be organized and function under NIMS. B. Control. The personnel of a Responding Party providing Assistance shall be under the direction and control of the Receiving Party until the Responding Party's Authorized Official withdraws Assistance. The Receiving Party's Authorized Official shall coordinate response A activities with the Responding Party's Authorized Official. Whenever practical, Responding Party personnel should plan to be self sufficient for up to 72 hours. C. Food and Shelter. The Receiving Party shall supply reasonable food and shelter for Responding Party personnel for Assistance that is provided for more than 72 hours. If the Receiving Party is unable to provide food and shelter for a Responding Party's personnel, the Responding Party's Authorized Official or designee is authorized to secure food and shelter for its personnel and shall be entitled to reimbursement for such expenses from the Receiving Party. Reimbursement for food and shelter shall reflect the actual costs incurred by the Responding Party. If receipts are not available, the Responding Party cannot request reimbursement in excess of the State per diem rates for that area. D. Communication. The Receiving Party shall provide Responding Parry personnel with radio equipment as available, or radio frequency information to program existing radios, in order to facilitate communication among personnel providing Assistance. E. Status. Unless otherwise provided by law, the Responding Party's officers and employees retain the same privileges, immunities, rights, duties, and benefits as provided in their respective jurisdictions. F. Licenses and Permits. To the extent permitted by law, Responding Party personnel who hold licenses, certificates, or permits evidencing professional, mechanical, or other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials during the Period of Assistance. G. Right to Withdraw. The Responding Party's Authorized Official retains the right to withdraw some or all of its resources at any time. Notice of intention to withdraw must be communicated to the Receiving Party's Authorized Official as soon as possible. ARTICLE VI COST REIMBURSEMENT Unless otherwise mutually agreed in whole or in part, the Receiving Party shall reimburse the Responding Party for each of the following categories of costs incurred while providing Assistance during the Period of Assistance. A. Personnel. A Responding Party shall be reimbursed for its actual costs paid to personnel providing Assistance during the Period of Assistance. The Responding Party's designated supervisor(s) must keep accurate records of work performed by personnel during the Period of Assistance. Reimbursement to the Responding Party must consider all personnel costs, such as salaries or hourly wages, including overtime, and costs for fringe benefits and indirect costs. B. Equipment. The Receiving Party shall reimburse the Responding Party for the use of equipment during a Period of Assistance pursuant to the Responding Party's rate schedule. If the Responding Party does not have a rate schedule, the rates for equipment use must be based on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. If a Responding Party uses rates different from those in the FEMA Schedule of Equipment Rates, the Responding Party must provide such rates in writing to the Receiving Party prior to supplying Assistance. Reimbursement for equipment not referenced on a Party's rate schedule or the FEMA Schedule of Equipment Rates must be developed based on actual recovery of costs. 6 C. Materials and Supplies. The Receiving Party must reimburse the Responding Party in kind or at actual replacement cost, plus handling charges, for use of expendable or non- returnable supplies. The Responding Party must not charge direct fees or rental charges to the Receiving Party for other supplies and reusable items that are returned to the Responding Party in a clean, damage -free condition. Reusable supplies that are returned to the Responding Party with damage must be treated as expendable supplies for purposes of cost reimbursement. D. Payment Period. The Responding Party must provide an itemized bill to the Receiving Party for all expenses it incurred as a result of providing Assistance under this Agreement. The Responding Party must send the itemized bill not later than ninety (90) days following the end of the Period of Assistance. The Receiving Party must pay the undisputed portion of the bill in full on or before the forty-fifth (45th) day following the billing date. Unpaid bills become delinquent upon the forty-sixth (46th) day following the billing date, and, once delinquent, the bill accrues interest at the standard rate of interest charged by the Responding Party for unpaid bills. If the Responding Party does not have a standard rate, the interest rate shall be the rate of prime, as reported by the Wall Street Journal, plus two percent (2 %) per annum. Any undisputed amount must be resolved using the procedures set forth in Article VII. ARTICLE VII DISPUTES The Parties agree to act in good faith to undertake resolution of disputes, in an equitable and timely manner and in accordance with the provisions of this Agreement. If disputes cannot be resolved informally by the Parties, the following procedures shall be used: A. Mediation. If there is a failure between Parties to resolve a dispute on their own, the Parties shall first attempt to mediate the dispute. The Parties shall agree upon a mediator, or if they cannot agree, the Statewide Committee Chair shall select a mediator. If the Chair of the Statewide Committee, has a conflict of interest, the duty for selecting a mediator shall pass to the Vice - Chair. B. Arbitration. If the dispute remains unresolved following mediation, the dispute shall be submitted to arbitration under the Uniform Arbitration Act, Minnesota Statutes, Sections 572.08 -.30. If the Parties cannot agree on one or more arbitrators, the arbitrator(s) shall be selected using the same procedure set forth for selecting a mediator. The decision of the majority of the arbitrators shall not be binding upon the Parties. If the arbitration decision is not accepted, the Parties may pursue any other legal remedy to resolve the dispute. ARTICLE VIII RECEIVING PARTY'S DUTY TO INDEMNIFY For the purposes Minnesota Municipal Tort Liability Act, Minnesota Statutes, Chapter 466, the employees and officers of the Responding Party are deemed to be employees (as defined in Minnesota Statutes, Section 466.01, subdivision 6) of the Receiving Party. The Receiving Party shall defend, indemnify and hold harmless, the Responding Party, its officers, employees, volunteers and agents from all claims, loss, damage, injury, and liability of 7 every kind, nature, and description, directly or indirectly arising from the Responding Party's Assistance during the Period of Assistance. The scope of the Receiving Party's duty to indemnify includes, but is not limited to, suits arising from, or related to, negligent or wrongful use of equipment or supplies on loan to the Receiving Party, or faulty workmanship or other negligent acts, errors, or omissions by the Responding Party personnel. The Receiving Party shall not be required to defend and indemnify the Responding Party for any willful or wanton misconduct of the Responding Party or its officer, employees, volunteers or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits of liability established in Minnesota Statutes, Chapter 466 applicable to any one party. The intent of this article is to impose on each Receiving Party a limited duty to defend and indemnify a Responding Party for claims arising within the Receiving Party's jurisdiction subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. The Receiving Party's duty to indemnify is subject to, and shall be applied consistent with, the conditions set forth in Article X. ARTICLE IX DAMAGE TO EQUIPMENT Each Party shall be responsible for damages to or loss of its own equipment. 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 volunteers. ARTICLE X WORKERS' COMPENSATION Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers' compensation insurance or self - insurance coverage, covering its personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue another Party for any workers' compensation benefits paid to its own personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue another Party for any workers' compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of another Party or its officers, employees or volunteers. ARTICLE XI INSURANCE Parties to this Agreement shall maintain the following liability coverages: (1) commercial general liability; and (2) automobile liability, including owned, hired, and non -owned automobiles. Each policy shall have a limit at least equal to the maximum municipal liability limit in Section 466.04, subd. 1. If the policy contains a general aggregate limit, the general aggregate limit shall not be less than double the maximum municipal liability limit in Section 466.04, subd. 1. N. ARTICLE XII WITHDRAWAL A Party may withdraw from this Agreement by providing written notice of its intent to withdraw to the Statewide Committee Secretary. Withdrawal takes effect 60 days after notice is sent. ARTICLE XIII INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS To the extent practicable, Parties to this Agreement are encouraged to participate in mutual aid and assistance activities conducted under the State of Minnesota Intrastate Mutual Aid and Assistance Program and the Interstate Emergency Management Assistance Compact (EMAC). Parties may voluntarily agree to participate in an interstate Mutual Aid and Assistance Program for Utilities through this Agreement if such a Program were established. ARTICLE XIV NEW MEMBERS Other Governmental Units may be added to this Agreement upon approval of their governing body as evidenced by adoption of the resolution attached as Exhibit I to this Agreement and execution by the Governmental Unit's authorized representatives. A Governmental Unit shall not become a Party to this Agreement until a certified copy of the resolution is received by the Statewide Committee Secretary. The Statewide Committee Secretary shall maintain a master list of all Parties to this Agreement. ARTICLE XV GENERAL PROVISIONS MODIFICATION A. Modification. No provision of this Agreement may be modified, altered or rescinded by individual parties to the Agreement. Modifications to this Agreement may be due to programmatic operational changes to support the Agreement. Modifications require a simple majority vote of the Parties to this Agreement. The Statewide Committee Secretary shall provide written notice to all Parties of approved modifications to this Agreement. Approved modifications take effect 60 days after the date upon which notice is sent to the Parties. B. Signatory Indemnification. In the event of a liability, claim, demand, action or proceeding of whatever kind or nature arising out of a Period of Assistance, the Parties who receive and provide Assistance shall indemnify and hold harmless those Parties whose involvement in the transaction or occurrence that is the subject of such claim, action, demand or other proceeding is limited to execution of this Agreement. C. Prohibition on Third Parties and Assignment of Rights /Duties. This Agreement is for the sole benefit of the Parties and no person or entity shall have any rights under this Agreement as a third -party beneficiary. Assignments of benefits and delegations of duties created by this Agreement are prohibited and are without effect. D. Notice. A Party who becomes aware of a claim or suit that in any way, directly or indirectly, contingently or otherwise, affects or might affect other Parties to this Agreement shall 0 provide prompt and timely notice to the Parties who may be affected by the suit or claim. Each Party reserves the right to participate in the defense of such claims or suits as necessary to protect its own interests. E. Effective Date. This Agreement shall be effective after approval by the Parties' governing body and execution by the Parties' authorized representatives. F. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. G. Captions. Article and section headings contained in this Agreement are included for convenience only and form no part of the Agreement among the Parties. H. Waivers. The waiver by a Party of any breach or failure to comply with any provision of this Agreement by another Party shall not be construed as, or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. 1. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. J. Savings Clause. If any court finds any article, section or portion of this Agreement to be contrary to law or invalid, the remainder of the Agreement will remain in full force and effect. IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies, caused this Agreement to be approved on the dates below. City of , Minnesota The City Council of , Minnesota duly approved this Agreement on the day of , 20_ By: Its Mayor And: Its Clerk iul EXHIBIT I RESOLUTION AUTHORIZING GOVERNMENTAL UNIT TO BE A PARTY TO MINNESOTA WATER AGENCY RESPONSE NETWORK (MnWARN) WHEREAS, Minnesota Statutes, Section 471.59 authorizes governmental units by agreement of their governing bodies to jointly or cooperatively exercise any power common to them; _ WHEREAS, MnWARN has been established by the adoption of a Mutual Aid Agreement (the Agreement) among Governmental Units to allow their water, wastewater and storm water utilities to assist each other in case of an emergency; WHEREAS, the Agreement allows other governmental units to become a party to the Agreement by the adoption of this Resolution and sending notice to the Secretary of the Statewide Committee for MnWARN; and WHEREAS, the governing body of [name of governmental unitl considers it to be in the best interests of the [City][County][Town] to be a party to the Agreement. NOW, THEREFORE, BE IT RESOLVED, that [name of governmental unitl: 1. Authorizes f position title of designated employee or officiall and f position title of designated employee or official l to sign this resolution evidencing the intent of [name of governmental unit] to be a party to MnWARN; and 2. [Name of designated employee or official l is directed to send a certified copy of this resolution and a completed membership information form to the Secretary of the Statewide Committee of MnWARN; and 3. [Name of political subdivision] agrees to comply with all terms of the Agreement. IN WITNESS WHEREOF, [name of -governmental unitl, by action of its governing body, caused this Resolution to be approved on [Month/Date/Yea . By: And: Its Its LEAGL1EOF CONNECTING & INNOVATING MINNESOTA SINCE. 1913 CITIES RISK MANAGEMENT INFORMATION PROVIDING ASSISTANCE IN EMERGENCIES Coverage and Liability Issues When disaster strikes in Minnesota, the response is always the same. Cities and other local governments around the state pitch in to help, sending equipment and crews of firefighters, police officers, public works and utilities workers, building inspectors, and whatever other help is needed. We see that same spirit of emergency assistance sometimes reaching beyond the borders of Minnesota, whether that means helping out with floods in Iowa or sending assistance to the coastal states impacted by a hurricane. Providing and receiving disaster assistance raises some coverage and liability issues for Minnesota cities, some of which can be different when you're responding. out of state. This memo outlines applicable statutes, summarizes how the city's LMCIT coverage would apply, and identifies some potential problems that cities need to be aware of. There's also a checklist of potential coverage issues in emergency assistance situations. Providing assistance within Minnesota - the local emergency assistance statute Minn. Stat. 12.331 was first passed as part of the tornado relief bill in 1998. You could think of this law as a "default" mutual aid agreement for disasters. It clarifies local governments' authority both to request and to provide emergency assistance without an existing mutual aid agreement, and addresses the liability issues that can arise from emergency assistance. 12.331 sets out the following rules for when one political subdivision in Minnesota sends assistance to another Minnesota public body in an emergency. Throughout this memo we'll refer to cities, but this statute also applies to counties, towns and other political subdivisions. Workers' compensation. For purposes of workers' compensation, the sending city's employees are deemed to be acting within the scope of their duties as Learn More Read more about emergency assistance in: Handbook for Minnesota Cities: employees of the sending city. An injury to an employee of a city providing assistance would therefore be covered under his or her own city's work comp coverage. • Liability. For purposes of tort liability, employees of the city sending assistance are deemed to be employees of the city receiving assistance. It would therefore be the responsibility of the This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE. WE5T PHONE. (651) 281-1200 FAx (651) 281-1298 INSURANCE TRUST ST. PAUL_ MN 55103 -2044 TOLL FREE: (800) 925-1122 WEB: WWWXNACORG city receiving the assistance (and that city's liability carrier) to defend and indemnify the sending city's employee if that employee were sued for activities while providing the assistance. This provision eliminates much of the potential for conflicts between the two cities if both were sued in a tort claim arising from the emergency assistance. • Equipment. Damage to the sending city's equipment is the sending city's own responsibility. 12.331 also provides the city receiving assistance must reimburse the city sending assistance for the compensation of the sending city's employees, for those employees' travel and maintenance expenses, and for any supplies used. -- Keep in mind these statutory provisions only apply if there's not a written agreement between the two cities to address these points. If the sending and receiving cities prefer to handle any of these considerations differently, they can simply develop and sign a written agreement with terms more suitable to their needs. How does LMCIT coverage work when one Minnesota city provides emergency assistance to another under 12.331? We'll have to simplify some detailed coverage provisions, but the general way things work follow. • Injuries to the sending city's employees while assigned to provide emergency assistance in another city will be covered under the sending city's LMCIT workers' compensation coverage. This is because employees responding to another city's emergency are doing so at the direction of their employer, the sending city. Employees who "self deploy" to an emergency in another city may not be afforded this same protection — a point cities should specifically call out to those groups of employees who are most often asked to assist somewhere else (i.e. firefighters, police officers, and emergency medical responders). The message is simple — deciding on your own to respond in another community's emergency is never a good idea. Doing so can be dangerous for you, can create liability problems for both cities involved, and often leads to disruptive confusion in situations that are already chaotic. Learn More Read more about LMCIT coverages in: Things to Think About When Renewing Your City's Property /Casualty Coverage Things to Think About When Renewing Your City's Workers' Compensation Coverage They're available at www.lmc.org. Damage to any vehicles or equipment from the sending city will be covered by the sending city's LMCIT property or auto physical damage coverage, just as if the equipment were being used for any other city purpose. 2 • LMCIT liability coverage for the receiving city will respond to liability claims against the sending city's employees that arise in the course of providing emergency assistance. This is because employees of the sending city are deemed to be employees of the receiving city for tort liability purposes under 12.331. • For auto liability claims that arise from using the sending city's licensed vehicles in providing emergency assistance, both cities' coverage could theoretically apply. Where both cities are LMCIT members, LMCIT will treat the receiving city's LMCIT auto liability coverage as primary in this situation. • In many cases, the city providing assistance will send vehicles and equipment, along with employees to operate them. In those cases, the vehicle is not considered to be a "borrowed" vehicle for the city that's receiving the assistance, and that vehicle is therefore not covered by the receiving city's auto physical damage coverage. Damage to the vehicle or equipment would be covered under the sending city's auto physical damage coverage. The vehicle is considered a "borrowed" vehicle only if it's being operated by and is in the care, custody, and control of, the city receiving assistance. If that's the case — a city sends its vehicles to be operated by the receiving city's employees or volunteers — then the receiving city's auto physical damage coverage is primary. When a city employee operates his or her own vehicle on city business, including responding to an emergency in another community, that vehicle is not considered to be a "borrowed" or "leased" vehicle. The receiving city's auto physical damage coverage through LMCIT therefore won't cover damage to the vehicle; nor will the sending city's LMCIT coverage. Physical damage to an employee's car is at his or her own risk, just as it would be in his or her own city limits. What if my city borrows or rents vehicles or equipment from someone who is not a LMCIT member city? The city's LMCIT municipal liability and auto liability coverage will automatically respond to liability claims arising from the operation of vehicles or equipment that the city borrows or rents in an emergency. It is not necessary to schedule each individual vehicle in order to have coverage. LMCIT blanket property coverage would cover any physical damage to vehicles or equipment you borrow or rent, up to a sublimit of $500,000, as long as the equipment is in the city's care, custody and control. There are a few cities who choose not to cover their small -value equipment at all. If your city doesn't have coverage for its own small -value mobile property, you don't have coverage for small -value equipment you borrow or lease either. 3 What happens if we provide emergency assistance under a mutual aid agreement with different provisions from the statute? It really depends on what the mutual aid agreement says. If the mutual aid agreement between the two cities is silent about workers' compensation, tort liability, or damage to equipment, the provisions of the statute apparently would still apply on that particular issue. If the agreement specifically addresses any or all of those matters differently from the way the statute handles them, the terms of the agreement would govern. If both cities are LMCIT members, liability and auto liability coverage shouldn't be a problem. Regardless of how the mutual aid agreement addresses tort liability, each city's respective LMCIT coverage would pick up whatever liability the city has under the agreement. That would include liability for its own employees' acts and any tort liability the city assumes under mutual aid agreement for the other city's employees' acts. LMCIT strongly suggests cities avoid using mutual aid agreements which have language like "each party shall be responsible for its own liability." Although it may sound like a fair allocation of risk, this language sets up the potential for a defense conflict between the two cities if both are sued for a single incident. Under a contract provision like this, when a plaintiff sues both cities for their combined emergency response, the goal for each city A Model Mutual Aid Agreement becomes to show that the other city was more liable an should therefore pay the claim. This kind of conflict can reduce both cities' chances of successfully defending the plaintiff's claim. In addition, each city will need its own defense attorney, resulting in greater legal expenses all around. If a mutual aid agreement makes your city responsible for workers' compensation benefits for another city's employees, you need to contact LMCIT. There may be an additional premium charge to your city for this kind of additional workers' compensation exposure. What about emergency volunteers? So far, we've talked about the implications of one city's employees providing assistance in another community's disaster. But we know that volunteers may also provide critical help in emergency situations. Minn. Stat. 12.22 subd. 2a, says that a city volunteer assisting a city in a disaster or emergency is considered a city employee, if the volunteer: 4 Learn More Read more about covering volunteers in: Accident Coverage for City Volunteers It's available at www.imc.org. Is registered with the city; and Is working under the direction and control of the city. A registered city volunteer who is injured while assisting in a disaster would therefore be entitled to workers' compensation benefits. LMCIT's practice has been not to charge any additional premium for this workers' compensation exposure. Like any city volunteers, disaster volunteers are automatically "covered parties" under the city's LMCIT liability coverage. Thus for LMCIT member cities, LMCIT would cover liability claims against a registered emergency volunteer working under the city's direction and-control. These volunteers do not need to be reported to LMCIT. However, because the statute specifies that emergency volunteers must be "registered ", the city should maintain a record of the individuals that provide volunteer help to the city in an emergency (or at any other time for that matter). If an injury occurs, the LMCIT work comp claims staff will need that record to determine whether or not the individual is covered. What about other political subdivisions or cities that aren't LMCIT members? Obviously, we're only in a position to tell you how the city's LMCIT coverage works. If you're not an LMCIT member, talk to your insurer about work comp, liability, and equipment coverage. Make sure your insurer will cover whatever exposures you have, whether you're operating under the statute or under an agreement. Make sure too that you understand what items or exposures you need to report to your insurer, and what the added coverage will cost. Similarly, if your city receives assistance from a political subdivision that's not an LMCIT member, make sure that that political subdivision is aware of these various coverage and liability issues and has addressed them appropriately with their own carrier. Providing help outside of Minnesota Sometimes a Minnesota city is called to help in an emergency outside the state. Sending help to other states is of course very valuable to their disaster response needs, and may also provide some important "real life" training to local responders. Cross - border assistance It's common in border communities to have mutual aid agreements that cross state lines. This is a perfectly okay practice and the provisions of that contract will control the arrangement, just as it would if both cities were in Minnesota. It may sometimes be the case where a city in another state calls a Minnesota city directly to provide assistance, but the two cities don't have an existing mutual aid arrangement. Again, this is probably most common in border communities. This scenario can be a bit tricky, because state laws may differ in terms of how liability and workers' compensation issues are handled. In 5 addition, things like immunity defenses, tort cap limits, or work comp benefits may also be different in another state. In short, it's just not a good idea to provide one -to -one emergency assistance outside Minnesota without a written agreement already in place. LMCIT staff will be glad to work with member cities on developing such agreements. If you have resources that are so particularly unique that you are often called by communities outside Minnesota, you should check in with the Minnesota Duty Officer about how best to manage those resources and you should probably consult with your city attorney to develop a standard agreement for sending resources outside Minnesota in an emergency. Interstate assistance under EMAC There's another important way Minnesota cities might provide assistance outside the state's borders. The state of Minnesota, along with all other states, participates in the Emergency Management Assistance Compact (EMAC). EMAC is an inter -state agreement which each state adopts by statute — here it's Minn. Stat. 192.89 — in order to provide an orderly mechanism through which emergency assistance can be requested and offered. EMAC is coordinated by the National Emergency Management Association. More information about EMAC can be found at www.emacweb.org. Although EMAC is a state -to -state arrangement, it's often the case that much of the actual emergency assistance is provided by local government employees rather than by state employees. EMAC contemplates that inter -state assistance by local governments will be requested, coordinated, and dispatched through the state emergency management office. In Minnesota, the state Department of Homeland Security and Emergency Management (HSEM) performs that function. More information about HSEM's role in EMAC can be found at www.hsem.state.mn.us. When EMAC is activated, HSEM is notified of any need for assistance and HSEM in turn notifies local responders. The city providing assistance will sign an intergovernmental agreement with HSEM that specifies the terms and conditions under which assistance will be provided outside Minnesota. Both Minn. Stat. 192.91 and the current version of HSEM's intergovernmental agreement provide that the city's employees are deemed to be state of Minnesota employees for purposes of tort liability. This provides two important protections for city employees responding under EMAC. • It gives city employees immunity for liability claims arising from their acts or omissions while providing disaster assistance to another state. There's an exception for "willful misconduct, gross negligence, or recklessness." • It provides that city employees providing inter -state disaster assistance under EMAC are considered agents of the requesting state for tort liability and immunity purposes. This 0 basically makes the requesting state responsible to defend and indemnify the sending city's employees if they're sued. In most cases therefore, liability should not be a concern for a city providing assistance in another state under EMAC. However, if it were to somehow happen that there was a liability claim against an LMCIT member city which was not handled by the state that was receiving the assistance, the city's LMCIT liability coverage would respond to that claim, just like any other liability claim against the city. As is the case with providing assistance - within- the -state of Minnesota under the emergency assistance statute, the sending city remains responsible under workers' compensation laws for their employees' injuries. A city's LMCIT work comp coverage would continue to apply under an EMAC response. EMAC also provides for the state receiving assistance to reimburse the party providing assistance for damage to the assisting party's equipment. If for some reason an LMCIT member city wasn't reimbursed by the receiving state for damage to its equipment or vehicles, the city's LMCIT property and /or auto physical damage coverages would apply, just as with any other instance of damage to city vehicles or equipment. The provisions of EMAC and associated HSEM intergovernmental agreements offer responding cities some very important protections. It is therefore imperative that city employees NEVER self - deploy to an -emergency outside Minnesota. In the words of HSEM, "If you respond on your own, you are on your own." Disaster assistance - a coverage checklist for cities If your city is either receiving assistance in a disaster or providing assistance to another city in a disaster, here's a checklist to help identify potential coverage problems: 1. Is assistance being provided under the statute or under an agreement? If both the sending and receiving cities are LMCIT members and you're working under Minn. Stat. 12.331, providing or receiving disaster assistance doesn't create any particular coverage problems for either city. Both cities' existing LMCIT liability, property, auto, and workers' compensation coverages will address their respective risks under the statute. If you are instead responding under an existing mutual aid agreement, the terms of that contract will apply. It's a good idea to review the terms of existing mutual aid agreements in light of the information provided in this memo, and in consultation with your city attorney. 7 Contract Review Service: If you're not sure about a particular contract, LMCIT will review it to help ensure that the contract's insurance and liability provisions adequately protect the city's interests. Send contracts to Chris Smith at csmith @Imc.ore or Tracie Chamberlin at thamberlin@imc.org. 2. Is either the sending or the receiving party a non -L LICIT member? If you're receiving assistance from a county or township, or from a city that isn't an LMCIT member, you'll want to make sure they understand that under the statute, they're responsible for work comp for injuries to their employees, and for any damage to their equipment. If you're providing assistance to a city or other unit that isn't an LMCIT member, you'll want to make sure that they and their liability carrier understand that they are responsible for liability claims arising from your employees' activities. 3. Is the city borrowing or leasing any vehicles? LMCIT member cities automatically have liability coverage and coverage for physical damage to any vehicle the city rents or borrows. 4. Is the city using volunteers? If your city is using volunteers who are acting under your direction and control, those volunteers need to be "registered" with the city in order to be covered by the city's workers' compensation and liability coverage. In other words, keep a list of your disaster volunteers, by name. 5. Does a mutual aid agreement make you responsible for work comp for anyone else's employees or volunteers? If an agreement makes your city responsible for providing workers' compensation coverage for anyone who is not by law your city's employee, contact LMCIT right away — preferably before you sign the agreement. 6. Does a mutual aid agreement require you to provide liability coverage for anyone else or name them as a covered party? If the agreement calls for you to add another city or other person or entity as an "insured" or a "covered party," contact LMCIT. 7. Are you responding outside the state of Minnesota? If you are providing assistance outside Minnesota, you should be doing so either under a specific written mutual aid agreement or through EMAC as deployed by HSEM. Never self - deploy to any emergency, whether or not outside of Minnesota. If your city is working under an agreement rather than under the statute in either providing or receiving disaster assistance, make sure you understand your responsibilities under that agreement. It's a good idea to have your city attorney review all mutual aid agreements. Questions? If you have any questions about coverage, please give us a call. We understand that when you're dealing with a disaster, the last thing you need is to be worrying about arcane details of coverage. We'll do our best to answer your questions and address any problems as quickly as we can. Feel free to contact Ann Gergen, LMCIT Associate Administrator; Chris Smith, Risk Management Attorney; or any of the underwriters at the LMCIT office. Ann Gergen 09/08 G]