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HomeMy WebLinkAbout6.k. Joint Powers Agreement for Dakota County Domestic PreparedmessCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COLTNCIL MEETING DATE: September 2, 2003 AGENDA ITEM: Joint Powers Agreement for Dakota Count V AGENDA SECTION: Domestic Preparedness ­Consent PREPARED BY: Gary D. Kalstabakken, Chief of Polic AGEND # 6 Scott Aker, Fire Chief ATTACHMENTS: Joint Powers Agreement APPROVED BY: Council is asked to approve the execution of a Joint Powers Agreement to participate in the Dakota County Emergency Preparedness Agency. The JPA is intended to provide the governing framework to have the government agencies within Dakota County cooperate in. responding to large -scale disasters or emergencies, particularly events that require a response from specially trained personnel with specialized equipment. This cooperative effort is intended to supplement the existing emergency response of the participating entities. Rosemount police and fire personnel have actively participated in the planning involved in formulating the JPA. The financial implications of this agreement will vary depending upon the amount of federal grant funding received. The 2004 budget does include funds within the fire department budget for Rosemount's participation. JOINT POWERS AGREEMENT FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY 1. Name The parties hereby establish the Dakota County Domestic Preparedness Joint Powers Agreement. 2. Parties The parties to this agreement shall consist of as many of the following entities that approve this agreement and execute a separate signature page to become parties: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City of Lakeville City of Mendota Heights City of Rosemount City of South St. Paul City of West St. Paul County of Dakota 3 Purpose The purpose of this agreement is to provide for the joint exercise of the parties' powers to plan for and to respond to the need of first responders for special response operations caused by the occurrence of large -scale disasters or emergencies, as defined in paragraph 9.2, within Dakota County. The joint exercise of the parties' powers pursuant to this agreement is intended to supplement and complement but not supplant the parties' joint and individual powers to plan for and respond to the occurrence of other emergency or unforeseen events occurring within Dakota County, as provided in the members' respective emergency operations plans and similar plans. 4. Governance 4.1. Governing The governing board formed pursuant to this Joint Powers Agreement shall be known as the Dakota County Domestic Preparedness Committee. 4.1.1. Membership The Committee shall be constituted as follows: one member appointed by each member City; one member appointed by the Dakota County Sheriff; Dakota County Emergency Preparedness Coordinator ex officio; one Dakota County city manager /administrator appointed by the Dakota County Board of Commissioners, consistent with the recommendation of the city managers /administrators within Dakota County; K/K02 -472 I JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY one member appointed by the Dakota County Emergency Medical Services Council; the Team Leader of the Special Operations Team appointed pursuant to paragraph 5.3; one member appointed by the Dakota County Public Health Director; and Dakota County Attorney ex officio or designee ex officio. The appointee of the Dakota County Public Health Director and the Dakota County Attorney or designee shall be non - voting members of the Committee and shall not be counted for quorum purposes. 4.1.2. Additional Member In the event that none of the members appointed by the cities is a fire chief or none is a police chief, the Dakota County Fire Chiefs Association or Dakota County Police Chiefs Association, as appropriate, may appoint a member who is a fire fighter or police officer to the Committee. Such appointment shall endure until such time as a member city appoints a member who is a fire chief or police chief. 4.1.3. Documentation Resolutions or other documentation of appointments shall be filed with the Dakota County Emergency Preparedness Coordinator. 4.1.4. Members not Employees Members of the Committee shall not be deemed to be employees of the Committee and will not be compensated for serving on the Committee. 4.2. Terms; Vacancies Members shall serve at the pleasure of the appointing party and may be removed only by the appointing party. Vacancies may be filled only by the appointing party. Incumbent members serve until a successor has been appointed. 4.3. Chair and Vice Chair In January of each year the Committee shall elect a Chair and Vice Chair from its membership for one -year terms. The Chair shall preside at all meetings of the Committee and shall perform other duties and functions as determined by the Committee. The Vice Chair shall preside over and act for the Committee during the absence of the Chair. 4.4. Secretary/Treasurer In January of each year the Committee shall elect a Secretary/Treasurer from its membership for a one -year term. The Secretary/Treasurer shall assist the Chair in overseeing the Committee's budget and finances. 4.5. Meetings The Committee shall have regular meetings at such times and places as the Committee shall determine. Special meetings may be held on reasonable notice by the Chair or Vice Chair. The presence of a majority of the voting members of the Committee shall constitute a quorum. No action may be taken unless a quorum is present. K/K02 -472 2 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY 4.6. - Voting Each Committee member shall be entitled to one vote. Proxy votes are not permitted. The Committee shall function by a majority vote of the Committee members present. 5. Duties of the Committee 5.1. Program The Committee shall formulate a program to carry out its purposes. The Committee shall carry out and implement its programs to the extent possible. 5.2. Special Operations Team The Committee shall establish a Special Operations Team (SOT) with the capability of providing specialized response technical rescue operations for which specific training and equipment are required and which are not currently available to all of the members. The Committee will ensure that the SOT is established, that its members are trained to applicable federal and state standards, and that the necessary and appropriate equipment is purchased and made available for use by the SOT. The Committee will ensure that procedures are established so that the SOT is able to respond to large -scale disasters or emergencies occurring anywhere within the jurisdictions of the parties to this agreement. Procedures of the SOT are subject to the review and approval of the Committee. Members of the SOT will remain employees of the appointing party and will not be deemed employees of the Committee or the SOT. The parties agree to assign employees and make equipment available to the SOT. 5.3. Team Leader The Committee shall appoint a Team Leader who will be responsible for ensuring that the Committee accomplishes the duties described in paragraph 5.2. 6. Reservation of Authority All responsibilities not specifically set out to be jointly exercised by the Committee under this agreement are hereby reserved to the parties and each of them. 7. Powers of the Committee 7.1. General Powers The Committee is hereby authorized to exercise such authority as is necessary and proper to fulfill its purposes and perform its duties. Such authority shall include the specific powers enumerated in paragraph 7.2. 7.2. Specific Powers 7.2.1. The Committee may enter into any contract necessary or proper for the exercise of its powers or the fulfillment to its duties and enforce such contracts to the extent available in equity or at law. The Committee may approve any contract relating to this agreement up to the amount approved in the annual budget and may authorize the Chair to execute those contracts. No payment on any invoice shall be authorized unless approved by at least two of the three officers elected pursuant to paragraphs 4.3 and 4.4. The Chair shall report to the Committee any such payments at its next meeting. 7.2.2. The Committee may disburse funds in a manner which is consistent with this agreement and with the method provided by law for the disbursement of funds by Dakota County. K/K02 -472 3 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY 7.2.3. The Committee may apply for and accept gifts, grants or loans of money or other property or assistance from the United States government, the State of Minnesota, or any person, association, or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money or other property and assistance in accordance with the terms of the gift, grant or loan relating thereto. 7.2.4. The Committee may obtain liability insurance or other insurance it deems necessary to insure the Committee and its members for actions of the Committee and its members arising out of this agreement. 7.2.5. All powers granted herein shall be exercised by the Committee in a fiscally responsible manner and in accordance with the requirements of law. The purchasing and contracting requirements of Dakota County shall apply to the Committee. 8. Budgeting and Funding 8.1. Budget Adoption By April 1 of each year the Committee shall adopt an annual workplan and budget for the following calendar year including a statement of the sources of funding. 8.2. Budget and Accounting Services Dakota County agrees to provide all budgeting and accounting services necessary or convenient for the Committee. Such services shall include but not be limited to: management of all funds, payment for contracted services and other purchases, and relevant bookkeeping and recordkeeping. Dakota County contracting and purchasing requirements shall apply to transactions of the Committee. 8.3. Expenses The parties understand and acknowledge that the activities and duties of the Committee are to be funded first by grant monies from the federal government, state government or other associations and agencies. Nevertheless, the parties agree to contribute to funding, if necessary, for the expenses of the Committee, to the extent not covered by grant funds. Each party agrees annually to appropriate funds for the expenses of the Committee not covered by grant funds, on a population basis, subject to each city council's or the county board's adoption of a resolution authorizing any such appropriation. For purposes of this paragraph, Dakota County's population is the population of the townships within Dakota County. 8.4. Federal and State Grant Funds Available to Counties The parties understand and acknowledge that federal and state grant funds have been and may continue to be made available for the purposes of improving and enhancing local government units' capabilities in responding to the occurrence of large -scale disasters or emergencies. The parties further understand and acknowledge that some such federal and state grant funds may be made available directly to counties with the intention that the funds be expended for the benefit also of cities within the county. Dakota County specifically agrees that federal and state grant funds for such purposes which the Dakota County Board of Commissioners, pursuant to Committee recommendation and proposed budget, applies for and receives will be applied for and received on behalf of the cities who are parties to this agreement and will be appropriated to the Committee for K/K02 -472 4 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY expenditure in accordance with the terms of the applicable grant agreement and budget approved by the county board. The Committee will expend any such funds only in accordance with the terms of any applicable grant agreement, approved budget, laws and rules. This paragraph does not prohibit Dakota County from unilaterally applying for, receiving and expending grant funds made available for the purposes identified in this paragraph. 8.5. Accountability All funds shall be accounted for according to generally accepted accounting principles. A report on all receipts and disbursements shall be forwarded to the members monthly and on an annual basis. 9. Special Operations Team Activation and Use 9.1. Purpose The purpose of this section 9 is to provide for the deployment of the SOT established pursuant to paragraph 5.2, so that the SOT may be utilized by any party to this agreement in the event of a large -scale disaster or emergency within their jurisdiction. It is not the purpose of this section to provide for or address in any way requests by one party of another party for other services, or to supplant other mutual aid agreements to which any of the parties may be signatory. 9.2. Definitions. SOT Team Leader — the person designated by the SOT who is responsible for exercising tactical control of personnel and equipment provided by the SOT whenever the SOT is requested to be deployed or is deployed Disaster or large -scale emergency — an unforeseen exigent circumstance requiring technical rescue operations Requesting party — a party to this agreement who has requested that the SOT provide specialized response operations Special Operations Team (SOT) - a group of personnel assigned by the parties who will be trained and organized `to provide special response operations to any party who requests them. Specialized Response Operations — specialized rescue services for problem- specific emergency situations, including, but not limited to structural collapse, technical rope rescue, hazardous materials, wild land rescue, confined space rescue, trench rescue, water rescue, vehicle /machinery disentanglement, and the like. 9.3. Requests for assistance Whenever a party, in its sole discretion, determines that the conditions within its jurisdiction cannot be adequately addressed by that jurisdiction because of a large -scale disaster or emergency, the party may request orally or in writing that the SOT provide specialized response operations to the party. 9.4. Response to Request for assistance Upon a request for assistance of the SOT, SOT Team Leader may authorize, direct and permit the SOT to provide assistance to the requesting party. Whether the SOT shall provide such assistance, and the extent of such K/K02 -472 D FA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY assistance, shall be determined solely by the SOT Team Leader. Failure to provide assistance in response to a request made pursuant to this agreement will not result in any liability to the SOT or to any other party. SOT Team Leader shall notify the Chair or Vice Chair any time the SOT Command consents to provide assistance to a party, pursuant to this agreement. If a request is made by a governmental unit not a party to this agreement, the SOT Team Leader may provide assistance only with the approval of the Chair or Vice Chair, pursuant to Committee policy. 9.5. Recall of assistance The SOT Team Leader may at any time and in its sole judgment terminate and recall the SOT or any part thereof. The decision to recall the SOT provided pursuant to this agreement will not result in liability to the SOT. 9.6. Direction and Control Personnel and equipment of the SOT shall remain under the direction and control of the SOT Team Leader. 9.7. Exercise of Police Power Any member of the SOT who is a licensed peace officer and who is providing assistance pursuant to this agreement has the full and complete authority of a peace officer as though appointed by the requesting party and licensed by the State of Minnesota provided the officer meets the requirements set forth at Minn. Stat. § 471.59, subds. 12(1) and (2). 9.8. Compensation 9.8.1. Parties to this agreement When the SOT provides services to a requesting party, the personnel of the SOT shall be compensated by their respective employers just as if they were performing the duties within and for the jurisdiction of their appointing party. No charges will be levied by the SOT for specialized response operations provided to a requesting party pursuant to this agreement unless that assistance continues for a period exceeding 48 hours. If assistance provided pursuant to this agreement continues for more than 48 hours, the SOT shall submit to the requesting parry an itemized bill for the actual cost of any assistance provided, including salaries, overtime, materials and supplies. The requesting party shall reimburse the SOT for that amount. 9.8.2. Other Entities In the event that the SOT is activated and deployed at the request of an entity not a party to this agreement, the Committee shall submit to the requesting entity an itemized bill for the actual cost of assistance provided, including salaries, overtime, materials and supplies. The Committee shall send the itemized bill not later than 90 days after the assistance has been provided. 9.9. Workers' Compensation Each party to this agreement shall be responsible for injuries to or death of its own employees. Each party shall maintain workers' compensation coverage or self - insurance coverage, covering its own personnel while they are providing assistance as a member of the SOT. Each party to this agreement waives the right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 9.10. Damage to Equipment Each party shall be responsible for damage to or loss of its own equipment occurring during deployment of the SOT. Each party waives the right to sue K/K02 -472 6 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 11. Liabili . For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), persons assigned to the SOT are deemed to be employees of the party that has assigned them to the SOT. Each party agrees to defend, indemnify and hold harmless the other parties against any claims brought or actions filed against any other party or any officer, employee or agent of such other party for injury to, death of, or damage to the property of any third person or persons, arising from the action or omission of its other personnel while serving as a member of the Committee or while providing special operations services pursuant to this agreement. Under no circumstances shall a party be required to pay on behalf of itself and other parties to this agreement any amounts in excess of the limits of liability established in Minn. Stat. Ch. 466 applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any one party. 12. Term The term of this agreement shall commence upon approval and signature of a majority of the parties. Dakota County shall notify the parties in writing of the effective date of this agreement. 13. Withdrawal and Termination 13.1. Withdrawal Any party may withdraw from this agreement upon 12 months' written notice to the other parties. Withdrawal by any party shall not terminate this agreement with respect to any parties who have not withdrawn. Withdrawal shall not discharge any liability incurred by any party prior to withdrawal. Such liability shall continue until discharged by law or agreement. 13.2. Termination This agreement shall terminate upon the occurrence of any one of the following events: (a) when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or (b) when a majority of parties agrees to terminate the agreement upon a date certain. 13.3. Effect of Termination Termination shall not discharge any liability incurred by the Committee or by the parties during the term of this agreement. Upon termination property or surplus money held by the Committee shall then be distributed to the parties in proportion to contributions of the parties. 14. Miscellaneous 14.1. Amendments This agreement may be amended only in writing and upon the consent of the governing bodies of all of the parties. 14.2. Records, accounts and reports The books and records of the Committee shall be subject to the provisions of Minn. Stat. Ch. 13 and Minn. Stat. § 16B.06, subd. 4. 14.3. Counterparts This agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same K/K02472 7 PA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY instrument. Counterparts shall be filed with the Dakota County Emergency Preparedness Coordinator. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. K/K02 -472 8 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY CITY OF ROSEMOUNT Name Title Date of Signature K/K02 -472 18 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY