07-800CouncilFile# ���v
Green Sheet #3042970
RESOLUTION
NT PAUL, MINNESOTA
Presented by
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WHEREAS, The City of Saint Paul and City of Minneapolis desire to enter into a Joint Cooperative
Agreement for use of personnel and equipment in times of emergency, and
WI�REAS, Minnesota Statue 471.59 authorizes the parties to enter into such an agreement, and
6 WHEREAS, The agreement will make equipment and resources available in times of emergency benefit
7 both parties, now therefore be it,
9 RESOLVED, That the proper City officials aze authorized to sign the agreement.
Yeas Nays Absent
Benanav �/
Bostrom ✓
Harris �
Helgen �
Lanny ✓
Montgomery c/
Thune r /
Adopted by Council: Date v����l11/7
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Adoption Certified by Coun il Secretary
By: �Y �/ �'
Approved b y: Date �,� O
By:
Reques � by Dep n
1JCXifL-�C,�
By: Public Works Department
Approved by the Office of Financial Services
By:
Approved by City Atto �
BY� ��� I.SGt.� `t9) � U£�
Approved by Mayor for Sub to Council
BY: ! I�il">L`�_l. T /��'�O �"aU'�3
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DepartmenUofficelcouncil: Date Initiated:
PW -�,, ,¢,,��, Green Sheet NO: 3042970 r,✓ ;
Contact Person & Phone:
John Mac�co
266-6137
Must Be on Council Agen
29-AUG-07
� Doc. Type: RESOLUTION
EAocument Required: N
Document Contact:
Contact Phone:
I Total # of Signature Pages _(Clip All Locations for Signature)
AU6 2 9 2007
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Resolurion authorizing proper city officials to si� a Mutual Aid Agreement between St Paul Public works and Minneapolis Public
Works
Contracts
Planning Commission 1. Has this person/firm ever worked under a contrect for this department?
CIB Committee Yes No
Civil Seorice Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normaly possessed by any
curtent city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
� Initiating Problem, Issues, Opportunity (VJho, What, When, Where, Why):
During rimes of emergencies, local resources can become overwhelmed and addrional resoutces are needed to address safety of the
�� public. This agreement will formalize our worlang relarionslup.
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Advantages If Approved:
Resources will be readily available in emergencies. Reimbursement for services will also be achieved if emergency declaration is
made.
Disadvantages If Approved:
None
' DiSadvanWges If NotApproved:
Resources may not be readily available in an emergency.
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V � Tmnsaction: $�
Funding Source:
Financial Information:
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CostlRevenue Budgeted:
Activity Number:
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August 15, 2007 134 PM Page 1
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JOINT COOPERA"I`IVE AGREEMENT FOR USE OF
PUBLIC WORKS PERSONNEL AND EQUIl'MENT
NTinneapolis Public Works Department and St. Paul Public Works Department
August, 2007
I. Purpose
This agreement is made pursuant to Mimiesota Statutes 471.59 which authorizes the joint
and cooperative exercise of powers common to contracting parties. The intent of t}us
agreement is to make equipment, personnel and other resources available to the Cities of
St. Paul and Minneapolis.
II. Definitions
•"Party" means either the City of Minneapolis or the City of St. Paul, as applicable .
•"Requesting Official" means the person designated by a Party who is responsible
for requesting Assistance from the other Party.
•"Requesting Party" means a party that requests assistance from the other party.
•"Responding Official" means the person designated by a party who is responsible to
determine whether and to what extent that parry will provide assistance to a
Requesting Party.
•"Responding Party" means a party that provides assistance to a Requesting Party.
•"Assistance" means, Public Warks personnel andlar associated equipment.
IIIA•.�• �
It is understood that the legal parties to this agreement shall consist of the City of
Minneapolis and the City of St. Paul, though the agreement itself will be carried out
primarily by each city's respective public works staff and employees..
IV. Procedure
Subd. 1. Request for assistance.
Whenever, in the opinion of a Requesting Official, there is a need for assistance from the
other party, the Requesting Official may call upon the Responding Official of the other
party to furnish assistance. Specialized activities of a non-emergency nature may also be
requested and/or provided by the Parties of this Agreement
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Subd. 2. Response to request.
Upon the request for assistauce from a Requesting Party, the Responding Official may
authorize and direct his/her party's personnel to provide assistance to the Requesting
Pariy. This decision will be made after considering the needs of the responding pariy and
the availability of resources.
Subd. 3. Recall of Assistance.
The Responding Official may at any time recall such assistance when in his or her best
jud�nent or by an order from the governing body of the Responding Parky, it is
considered to be in the best interests of the Responding Pariy to do so.
Subd. 4. Command of Scene.
The Requesting Party shall be in command of the mutual aid scene. All mutual aid
operations will be performed in compliance with the National Incident Management
System (NIMS). The personnel and equipment of the Responding Parry shall be under the
direction and conirol of the Requesting Pariy until the Responding Official withdraws
assistance.
V. Workers'.compensation
Each party shall be responsible for injuries or death of its own personnel. Each party will
maintaui 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 their dependants, even if the injuries were caused wholly or partially by
the negligence of any other party or its officers, employees, agents, or volunteers.
VI. Damage to equipment
Each pariy sha11 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.
VII. Liability
Subd. 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 Pariy.
Subd. 2. The Requesting Pariy agrees to defend and indexnnify the Responding Party
against any claims brought or actions filed against the Responding Party or any officer,
employee, of the Responding Party for injury to, death of, or damage to the properiy 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.
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D�-�DU
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 Chaptez 466 applicable to any one party. The limits of liability for some or aIl of
the parties may not be added together to detemune the masimum amount of liability for
�Y P�S'-
The intent of this subdivision is to impose on each Requesting Pariy a limited duty to
defend and indemnify a Responding Party for claims arising wit�in the Requesting
Party's jurisdiction subject to the limits of liability under Miimesota Statutes Chapter 466.
The purpose of creating this duty to defend and indemnify is to simplify the defense of
claims by elimirtating conflicts among defendants, and to permit liability claims against
multiple defendants from a single occurrence to be defended by a single attorney.
Subd. 3. No par[y to this aa eement nor any officer of any Party shall be liable to any
other Pariy or to any other person for failure of any party to fumish assistance to any
other party, or for recalling assistance, both as described in tlus agreement.
VIII. Charges to the Requesting Party
Subd. 1. A Responding Party to this agreement will levy no charges for assistance
rendexed to a Requesting Party under the terms of this agreement unless the assistance
provided for a single incident response or a group of associated incidents continues for a
period of more than eight (8) hours. The Requesting Party shall, regardless of the length
of time of the assistance, reimburse the Responding Party for any supplies used in
fiirtherance of this agreement. If assistance provided under this agreement continues for
more than eight (8) hours, the Responding Party will submit to the Requesting Party an
itemized bill for the actual cost of any assistance provided after the initial eight (8) hour
period, including salaries, overtime, materials and supplies and other necessary expenses;
and the Requesting Party shall reimburse the pariy providing the assistance for that
amount.
Subd. 2. Such chazges are not confingent upon the availability of federal or state
government funds.
IX. Duration
This agreement will be in force from the date of execution and notification by the Cities
of Minneapolis and St. Paul. Either pariy may withdraw from this agreement upon thirty
(30) days written notice to the other party or parties to the agreement.
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