4.5. SR 06-28-2010REQUEST FOR ACTION
To Item Number
Ma or and Ci Council 4.5.
Agenda Section Meeting Date Prepared by
Administration une 28, 2010 Phil Hals, Street Su erintendent
Item Description Reviewed by
Debris Management Mutual Aid Agreement Lori ohnson, Ci Administrator
Reviewed by
Action Requested
Staff requests Council's approval of the attached mutual aid agreement for debris management.
Background/Discussion
The attached document is provided by the League of Minnesota Cities Insurance Trust (LMCIT) legal
department for cities that wish to prepare for a major disaster with a written understanding of who is
responsible for what. LMCIT's Risk Management Attorney Chris Smith advises that a city official from
Elk Rivex sign this agreement and forward it on to neighboring communities so that in the event of a
severe storm or disaster, help is just a phone call away. The neighboring communities staff is considering
are the following: Andover, Anoka, Becker, Big Lake, Buffalo, Coon Rapids, Dayton, Monticello,
Otsego, Princeton, Ramsey, Rogers, St. Michael, and Zimmerman. The document is written so that Elk
River can be the responding party or the requesting party.
Without this agreement, a city may still request or receive aid from another city; however, this agreement
defines the responsibilities and liabilities for each party and eliminates the potential for conflicts between
cities about who is liable for what.
I will be present at Monday's meeting to answer questions.
Attachments
^ City of Elk River Mutual Aid Agreement
Action Motion by Second by Vote
FOllow Up
6-15-10 MC Action Request debris management
CITY OF ELK RIVER MUTUAL AID AGREEMENT
Purpose
This agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint
and cooperative exercise of powers common to contracting parties. The intent of this
agreement is to make equipment, personnel and other resources available to political
subdivisions from other political subdivisions.
Definitions
1. "Party" means a political subdivision.
2. "Requesting Official" means the person designated by a Party who is
responsible for requesting Assistance from other Parties.
3. "Requesting Party" means a party that requests assistance from other parties.
4. "Responding Official" means the person designated by a party who is
responsible to determine whether and to what extent that party should provide
assistance to a Requesting Party.
5. "Responding Party" means a party that provides assistance to a Requesting
Party.
6. "Assistance" means (Check the type of assistance that will be provided):
a. Public Works personnel and equipment
b. Fire and/or emergency medical services
personnel and equipment
c. Law enforcement personnel and equipment
d. Utility personnel and equipment
e. Other personnel and equipment
as listed below:
Procedure
Request for assistance. Whenever, in the opinion of a Requesting Official,
there is a need for assistance from other parties, the Requesting Official may
call upon the Responding Official of any other party to furnish assistance.
2. Response to request. Upon the request for assistance from a Requesting Party,
the Responding Official may authorize and direct his/her party's personnel to
provide assistance to the Requesting Party. This decision will be made after
considering the needs of the responding party and the availability of resources.
3. Recall of Assistance. The Responding Official may at any time recall such
assistance when in his or her best judgment or by an order from the governing
body of the Responding Party, it is considered to be in the best interests of the
Responding Party to do so.
4. Command of Scene. The Requesting Party shall be in command of the mutual
aid scene. The personnel and equipment of the Responding Party shall be under
the direction and control of the Requesting Party until the Responding Official
withdraws assistance.
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 own
personnel while they are providing assistance pursuant to this agreement. Each party
waives the right to sue any other party for any workers' compensation benefits paid to its
own employee or volunteer or their dependants, even if the injuries were caused wholly
or partially by the negligence of any other party or its officers, employees, or volunteers.
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.
Liability
1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466),
the employees and officers of the Responding Party are deemed to be employees
(as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party.
2. The Requesting Party agrees to defend and indemnify the Responding Party
against any claims brought or actions filed against the Responding Party or any
officer, employee, or volunteer of the Responding Party for injury to, death of, or
damage to the property of any third person or persons, arising from the
performance and provision of assistance in responding to a request for assistance
by the Requesting Party pursuant to this agreement.
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 on liability established
in Minnesota Statutes Chapter 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 party.
2
The intent of this subdivision is to impose on each Requesting Party a limited
duty to defend and indemnify a Responding Party for claims arising within the
Requesting 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.
3. No party to this agreement nor any officer of any Party shall be liable to any other
Party or to any other person for failure of any party to furnish assistance to any
other party, or for recalling assistance, both as described in this agreement.
Charges to the Requesting Party
Subd. 1 No charges will be levied by a Responding Party to this agreement for assistance
rendered to a Requesting Party under the terms of this agreement unless that assistance
continues for a period of more than 48 hours. If assistance provided under this agreement
continues for more than 48 hours, the Responding Party will submit to the Requesting
Party an itemized bill for the actual cost of any assistance provided after the initia148
hour period, including salaries, overtime, materials and supplies and other necessary
expenses; and the Requesting Party will reimburse the party providing the assistance for
that amount.
Subd. 2 Such charges are not contingent upon the availability of federal or state
government funds.
Duration
This agreement will be in force for a period of years from the date of execution.
Any party may withdraw from this agreement upon thirty (30) days written notice to the
other party or parties to the agreement.
Execution
Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the
date indicated.
Date
Date
Entity City of Elk River
By _
Title
Entity
By
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