06-417Council File # Q(� 7
Green Sheet # 303 �.�2L
RESOLUTION
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OF
Presented by
NT PAUL, MINNESOTA
WHEREAS, the office of the City Attomey has ne�oriated the attached "Mumal Aid A�eement Regazdin� the
Provision of Legal Services Between the City of Minneapolis, Minnesota and the City of St. Paul" wluch provides:
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A) that the City Attomey of either city may request assistance from the other;
B) that the City Attomey of the responding city has the discrerion to grant or deny the request; and
C) that the requesting city will pay the actual costs of the responding city, including salaries and benefits; and
WHEREAS, the provisions of said "Mutual Aid AgreemenY' benefit the city by providing additional services in the
event of an emergency or otherwise.
BE IT THEREFORE RESOLVED, the Council hereby authorizes the City Attomey to execute the attached "Mutual
Aid Agreement Regazding the Provision of Legal Services Between the City of Minneapolis, Minnesota and the City of St. Paul,
Minnesota".
Requested by Department of.
Adopted by Council: Date �/�f/u��, o'�/�Dlo
Adoption Certified by Council Sec er �
BY� C Gc�cdr
Approve b . D te .� — /—�
B y' � �
Office of the City A brne
B l/`��'-
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DeparbneM/officeleouncil: Da6e Initiated: V! v � `�� �
cA ��Ty.��� Z�R� Green Sheet NO: 3030522
Co�ct Person 8 Phone• ���eM Se�rt To Person Inrtial/Date
Jerty Hendrickson � 0 ' A rn
Z66-87�� Assign 1 ' Attoru De artmeotDireMOr
Must Be on Council pgenda by (Date}: Number Z � Attorne
For
ROUting 3 or's O%ce ' Ma orfAssistsnt
Order 4 ncil �`.-_ - ,
5 � Clerk ' Clerk
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Total # of SignaWre Pages, (Ciip Ali Locations for Signature)
Aetion Requested:
Approval of Mutual Aid Agreement with Minneapolis City Attorney's Office.
Recommendations: Approve (A) or Reject (R): Personal Service Contraets Must Answer the Pollowing Quesfions:
Planning Commission 1. Has this perso�rm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personffirm ever been a city employee?
Yes No
3. Does this person�rm possess a skill not normally possessed by any
current c'rty employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The St. Paul CAO and Miuneapolis CAO have discussed the need for back-up in the event of an emergency or otherwise and
determiued that when possible, assisting one another was the most efficient and cost-efficient approach. Also, FEMA will reimburse
the city for emergency-related e�cpenses if there is a mutual aid agreement that pre-e�cists the emergency.
AdvaMaS�es If Approved:
St. Paul can quickly and ineapensively have back-up in the evern of an emergency ar otherwise. Also, in the event of an emergency, St.
Paul would be eligible for reimbursement from FEMA.
Disadvantaqes If Approved:
None.
Disadvantages If Not Approved:
Back-up would need to be nego5ated and approved on a case-by-case basis. In the event of an emergency, costs could not be
reimbursed by FEMA.
Tofal Amount of CosNRevenue Budgeted:
Transaction: APR 2 5 2��6
Fundinp Source: Activity Number.
Pinancial lnformation: MA1OR OFFICE
(Explain)
c� o�-�r�
Mutual Aid A�reement
Regarding the Provision of Legal Services Between the City of 1vIinneapolis,
Minnesota and the City of St. Paul Minnesota
Purpose
This agreement is made pursuant to Minnesota Statutes §471.59, which authorizes the joint and
cooperative exercise of powers common to two or more governmental units in Minnesota. The parties
to this agreement are the City of Mvuieapolis and the City of St. Paul. The intent of this agreement is to
make legal services provided by the Minneapolis City Attorney's Office and the St. Paul City Attorney's
Office auailable on a joint and cooperafive basis to both parties to this agreement.
Definifions
Party means the City of Minneapolis or the City of St. Paul.
2. Requesting Offzcial means the person designated by a party who is responsible for requesting
assistance from the other party. The requesting official for the City of Minneapolis is the Minneapolis
City Attorney, or that person's written designee. The requesting official for the City of St. Paul is the St.
Paul City Attorney, or that person's written designee.
Requesting Parfy means the party that requests assistance from the other party.
4. Responding Official means the person designated by a party whom is responsible to determine
whether and to what extent the responding party should provide assistance to the requesting party. The
responding official for the City of Minneapolis is the Minneapolis City Attorney, or that person's written
designee. The responding official for the City of St. Paul is the St. Paul City Attomey, or that person's
written designee.
5. Responding Party means a party that provides assistance to the requesting party.
6. Assistance means the provision to the requesting party from the responding party of any legal
services, including all civil and criminallegal services of any kind, as determined by the parties.
Procedure
Request for assistance. Whenever, in the opinion of a requesting official, there is a need for
assistance from the other pariy, the requesting official may call upon the responding official of
the other party to fumish assistance.
2. Respond to request for assistance. Upon the request for assistance from a requesting party, the
responding official may authorize and direct the responding pariy's personnel to provide
assistance to the requesting party. The responding official will make the decision whether to
provide assistance to the requesting party. The responding official will determine the level of
assistance, after considering the needs of the responding pariy's available resources.
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3. Recall of assistance. The responding official may at any time recali such assistance when in the
responding officiaPs jud�nent, or by an order from the governing body of the respondin� party,
it is considered to be in the best interests of the responding parly to recall such assistance.
4. Command of personnel and resources. The reguesting party shall be in command of the all
personnel and other resources from the responding pariy until the responding official withdraws
the assistance.
Workers' Compensation
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Both parties shall be responsible far injuries or death of its own personnel. Both parties will maintain
workers' compensation insurance or self-insurance coverage, covering its own personnel while they aze
providing assistance to a requesting party pursuant to this mutual aid agreement. Both parties waive the
right to sue the other party for any workers' compensation benefits paid to its own employee or
volunteer ar their dependants, even if the injuries were caused wholly or partially by the negligence of
the other party's officers, employees or volunteers.
Damage to Equipment
Both parties shall be responsible for damages to or loss of its own equipment. Both parties waive the
right to sue the other party for damages to or loss of its equipment, even if the damages or losses were
caused wholly or partially by the negligence of the other party's officers, employees or volunteers.
Liability
1. Minnesota Statute Ch. 466. The employees and officers of the responding pariy are deemed to
be employees and officers of the requesting party for the purposes of Minnesota Statute Ch. 466.
2. Defense and indemnificafion. The requesting pariy agrees to defend and indemnify the
responding pariy against any claims brought or acrions filed against the responding pariy 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 requesfing party pursuant to this agreement.
No party shall be required to pay on behalf of itself and the other pariy any damages amounts in
excess of the limits on liability established in Minnesota Statutes Ch. 466. The limits of liability
of both parties may not be added together to deteimine the amount liability for one of the parties.
The intent of this subdivision is to impose on the 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 Muanesota Statutes Ch. 466. The purpose of creating this limited
duty to defend and indemnify is to simplify the defense of claims by elvninating conflicts among
defendants, and to pernut liability claims against multiple defendants from a single occurrence to
be defended by a single attorney.
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3. Liability for furnishing or recalling assistance. Both parties to this agreement agree that the
responding party and the responding party's employees and officials will not be liable to the
requesting party for failure of the responding party to fumish assistance to the requesting party,
or for recalling some or all provided assistance, as described in this agreement.
Charges to the requesting party
If assistance is provided under this ae�reement, the responding pariy will submit an itemized bill, on a
monthly basis, for the actual costs of any assistance provided, including salaries, overtime, materials and
supplies. The requesting pariy must remit payment to the responding party on a timely basis, or as
otherwise agreed by the parties, or as required by law.
Duration
This mutual aid agreement will be in farce from the date both parties have executed the written
agreement by placing the authorized signatures of bot1� responding officials and the dates on the mutual
aid agreement. Either party may withdraw from this mutual aid agreement upon thirty (30) days written
notice to the other party to this agreement.
Execution
Each party hereto has read, agreed to and executed this mutual aid agreement on the date indicated.
City of Minneapolis
Jay M. Heffern
Minneapolis City Attorney
Responding Official
City of St. Paul
By:
Jolvi Choi
St. Paul City Attorney
Responding Official