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4.6 SR 09-05-2023 Request for Action To Item Number Mayor and City Council 4.6 Agenda Section Meeting Date Prepared by Consent Agenda September 5, 2023 Seth Calvin Item Description Reviewed by Joint Powers Mutual Aid Agreement for IT Services Joe Stremcha, Assistant City Administrator Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, a Joint Powers Mutual Aid Agreement for IT Services. Background/Discussion IT staff have been updating procedures for responding to a possible security incident or data breach to the city information systems. If a major incident is discovered, the League of Minnesota Cities and the Minnesota Bureau of Criminal Apprehension will work with the city to help identify, mitigate, and resolve an incident. During an incident, city staff would likely not be able to use computers to access city data until the security incident is identified and possibly resolved. This inability to access city computers and data would severely impact operations. Staff has been working with the City of Rogers to develop a plan to assist eachother when needed. This agreement formalizes the plan to share resources such as computers, technical staff, and other technical equipment. The agreement is similar to other mutual aid agreements and outlines the rights and responsibilities of each party and the process for making and accepting requests. Financial Impact N/A Mission/Policy/Goal Responsible for every dollar – good stewards Attachments  Joint Powers Mutual Aid Agreement – IT Services The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: January 2023 MUTUAL AID AGREEMENT THIS MUTUAL AID AGREEMENT (“Agreement”) is made effective as of July 1, 2023, by and among the City of Rogers and the City of Elk River political subdivisions of the State of Minnesota, pursuant to the provisions of Minnesota Statutes §471.59, the Joint Powers Act (“Agreement”). WHEREAS, The Parties desire to be prepared to adequately address a cyber security incident, information technology disaster recovery, host space in data center that may occur within the jurisdictions of the Parties; and WHEREAS, to share technology resources in each jurisdiction, the Parties agree to furnish Assistance to one another in the event of said situations. NOW, THEREFORE, The Parties hereby agree to furnish Assistance to each other upon the terms and conditions set forth in this Agreement. I. Purpose The general purpose of this Agreement is to enable the Parties and their respective law enforcement personnel to come to the aid of the other Party to this Agreement as permitted in Minnesota Statutes §471.59 and Minnesota Statutes §12.331. This Agreement is limited to the named Parties. II. Definitions The capitalized terms in this Agreement shall have the following meanings: Assistance means the provision of information technology personnel, services, equipment, supplies and related resources. Party means a governmental unit as defined by Minnesota Statues, §471.59, Subdivision 1. “Parties” shall collectively mean more than one Party. Providing Party means the entity that provides mutual aid Assistance to the Requesting Party. Requesting Party means the entity that requests mutual aid Assistance under this Agreement. State means the State of Minnesota. III. Assistance A Party may request Assistance from the other Party to respond to an incident or share resources authorized under legislation or this Mutual Aid Agreement. A request Assistance shall be made by a Requesting Party to a Providing Party by contacting its information technology supervisor or his/her designee. Requests may either be verbal or in writing. Any verbal requests will be 1 followed by a written request made by the Requesting Party to the providing party’s information technology supervisor or designee as soon as practical or within such period of time as provided by law. Requests and responses to requests under this Agreement are limited to city personnel, services, equipment, supplies, and related resources. In response to a request for Assistance under this Agreement, a Providing Party may authorize and direct personnel to go to the aid of a Requesting Party. The Providing Party shall provide personnel who possess the required qualifications along with the equipment and supplies of the Providing Party to the Requesting Party at the discretion of the Providing Party and as otherwise deemed necessary by the Requesting Party. IV. Workers’ Compensation Each Party will be responsible for injuries or death of its own personnel. Each Party will maintain workers’ compensation insurance or a program of self-insurance 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 dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. V. Damage to Equipment Each Party shall be responsible for damages to or loss of its own equipment used to respond to an incident or service under this Agreement. 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 employees. VI. Charges to the Requesting Party A Providing Party can charge a Requesting Party for Assistance rendered under the terms of this Agreement. The Providing Parties will submit to the Requesting Party an itemized bill for the actual cost of any Assistance provided. The charges for Assistance provided pursuant to this Agreement will be based upon the actual costs incurred by the Providing Party, including salaries or wages, overtime, materials, supplies and other necessary expenses. VII. Limitations A Party’s decision to provide Assistance and resources in response to an incident or service is subject to the following conditions: A.) A Party may withhold resources to the extent necessary to provide reasonable service within its own jurisdiction. B.) A Party may recall Assistance at any time in the best interests of that Party. 2 C.) The response personnel of a Providing Party shall follow the policies and procedures of the Providing Party and will be under the Providing Party’s supervisor. D.) Assets and equipment of a Providing Party shall remain under the control of the Providing Party but shall be under the operational control of the requesting Party. VIII. Term of Agreement This Agreement shall be in full force and effect from July 1, 2023, through July 1, 2043, subject to Section XV Withdrawal of Party/Termination of Agreement. IX. Liability and Indemnification For purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes, Chapter 466), the employees and officers of a Providing Party are deemed to be employees (as defined in Minnesota Statues, §466.01, Subdivision 6) of the Requesting Party. The Requesting Party agrees to defend and indemnify the Providing Party against any claims brought or actions filed against the Providing Party or any officer, employee, or volunteer of the Providing 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 the other Party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Party. For purposes of determining total liability for damages pursuant to Minnesota Statutes, § 471.59, subd. 1a(b), the Parties are considered a single governmental unit and the total liability of the Parties shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statutes, § 466.04, subd. 1. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify the Providing 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. Neither Party to this Agreement or any officer of any Party shall be liable to the other Party or to any other person for failure of any Party to furnish Assistance to the other Party, or for recalling Assistance, both as described in this Agreement. Nothing in this Agreement is intended to prevent or hinder the pursuit of applicable State or 3 federal benefits to personnel who respond or render Assistance pursuant to an Emergency request and sustain injury or death in the course of, and arising out of, their employment and response or Assistance under this Agreement. Providing Party shall not be responsible for any injuries, damages or losses arising from the acts or omissions of personnel of the Requesting Party and its officers, employees, agents, and assigns. X. General Compliance Both Parties agree to comply with all applicable federal, State and local laws and regulations governing any services provided under this Agreement. XI. Accounting Standards and Retention of Records A.) Accounting – Both Parties agree to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices. B.) Retention of Records - Both Parties will retain all records pertinent to expenditures incurred under this Agreement as required by the applicable records retention schedule. XII. Data Practices Both Parties agree to comply with the Minnesota Government Data Practices Act and all other applicable State and federal laws relating to data privacy or confidentiality. Each Party must immediately report to the other Party any requests from third parties for information relating to activities performed pursuant to this Agreement. Each Party agrees to promptly respond to inquiries from the other Party concerning data requests. Each Party agrees to hold the other Party, their officers, and employees harmless from any claims resulting from unlawful disclosure or use of data protected under state and federal laws by the disclosing Party. XIII. Applicable Law The laws of the State of Minnesota shall govern all interpretations of this Agreement and any litigation which may arise under this Agreement. XIV. Non-Discrimination All Parties agree to comply with the provisions of all applicable federal and State statutes and regulations pertaining to civil rights and nondiscrimination including, without limitation, Minnesota Statutes §181.59 and Chapter 363A. XV. Withdrawal of Party/Termination of Agreement A.) Without Cause. Either Party may withdraw from this Agreement without cause upon thirty (30) days written notice to the designated recipients for the other Party. 4 B.) For Cause. A Party may terminate this Agreement if another Party fails to perform in accordance with the provisions of this the Agreement in a proper and timely manner, or otherwise violates the terms of this Agreement. The non-defaulting Party shall have the right to terminate this Agreement, if the default has not been cured after ten (10) days written notice has been provided. C.) This Agreement shall terminate upon expiration of the Term or by mutual written agreement of both Parties in the form of a resolution by the Parties respective governing bodies. XVI. Severability Should a court of competent jurisdiction rule any portion, section, or subsection of this Agreement invalid or nullified, that fact shall not affect or invalidate any other portion, section, or subsection; and all remaining portions, sections or subsections shall remain in full force and effect. FOR THE CITY OF ELK RIVER: Approved _______________________________ Mayor Approved _______________________________ Clerk FOR THE CITY OF ROGERS: Approved _______________________________ Mayor Approved _______________________________ Clerk 5