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;
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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.
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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.
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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
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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
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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.
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CITY OF ROSEMOUNT
Name
Title
Date of Signature
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