08-960Susnension 8/27/OS
RESOLUTION
SAINT PAUL, MINNESOTA
Council File #
Green Sheet #
08-960
3058665
Referred To: Committee: Date
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RESOLVED, that the proper City officials are hereby authorized and directed to execute a memorandum of
agreement between the City of Saint Paul and the Shakopee Mdewakanton Sioux Community fior the use of their
Mobile Medical and Incident Command Center during the 2008 Republican National Convention, as provided by
Saint Paul's Department of Fire and Safety; a copy of said agreement is to be kept on file and of record in the Offce
of Financial Services.
Adopted by Council: Date
Adoption Certified by Council Secretary:
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C'3�
Requested by Department of:
Fire & Safet Services
By: �:
Approval Recommended by Director of Financial Services:
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Form Appr v b�j C'ty ttomey:
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Approv a or or Sub�o ,uncil:
By. - _ _ _
� _ " 08-960
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-_ � Green Sheet Green Sheet Green Sheet Green Sheet Greer► Sheef" Green Sfieef `_
FR -Fire
26-AUG-08
Department SentToPerson InitiallDate
' ConWct Person 8 Phone: , � '
Rre Chief Tim Butler ' � , 0 F5re �r?
' Z22-04n �, Assign � I Fire IDepar�eniAcrnuntant�
� Must Be on Council Agenda by (Date): ' Number Z Ciiv Attoruev ' �titv Attorney
; For
i Routing 3 �rIayor's Office , Mayor/Assistant � ����
j Doc. Type: RESOLUTION ,, Order q 'Council I ' �
' S 'Ciry Clerk ' '
'I E-DocumeMReqWred: N � i,
I, Document Contact: J�II LaCasse I '�,
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Confact Phone: 228-6257 i �� �
Total # of Signature Pages _(Clip All Locations for Signature)
Approval of the attached Council Resolution to authorize the City of Saint Paul to entec into a memorandum of agreement with the
Shakopee Mdewakanton Sious Community for the use of a Mobile Medical and Incident Command Center during the 2008
Republican National Convention.
itlafions: Approve (A) or Ft
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm everworked under a contract for this departmenY�
Yes No
2. Has fhis person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current ciry employee?
Yes No
Expiain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Shakopee Mdewakanto Sioux Communiry have generously offered the use of their Mobile Medical and Incident Command
Center for the City of Saint Paul to use during [he 2008 Republican Nationa2 Convention August 27, 2008 [hrough September 6, 2008.
AdvanWges If Approved:
The City of Saint Paul will be able ta use the Mobile Medical and Incident Command Center for medical and emergency incident
management purposes.
Disadvantages If Approved:
None.
DisadvanWges If Not Approvetl: "
The City of Saint Paul will not be able to use the Mobile Medical and Incident Command Cen[er from the Shakopee Mdewakanton
Sioux Commu¢ity.
Transaction:
Funding Source:
Fi nancial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
I,_ r ,_' .!' �:
.`.�..�.` .� � .�a�i
August 26, 2008 12:54 PM Page 1
�� ��O
THE SHAKOPEE MDEWAKANTON SIOUX COMMiJNITY
AND
THE CITY OF ST. PAUL
This Memarandum of Agreement ("MOA") is made this day of , 2008, by and
between the Shakopee Mdewakanton Siowc Community (the "Community") and the City of St.
Paul, State of Minnesota (the "Cit}�').
WHEREAS, the Community is a federally recognized Indian tribe and possesses those
inherent sovereign powers of self-government as contained in the Constitution of the Shakopee
Mdewakanton Sioux Community, the Indian Reorganization Act of 1934, 25 U.S.C. § 476, and
federal common law; and
WHEREAS, the City is a city within the State of Minnesota, possessed of full powers of
city government; and
WAEREAS, the Community desires to maintain strong and mutually supportive
intergovernmental relationships with the State of Minnesota, its agencies and local units of
government through the lending of aid in the form of funding and services to the best of its
capabilities and as the Community deems feasible and appropriate; and
WHEREAS, the Community has developed a full service fire and emergency services
department which includes a Mobile Medical and Incident Command Center ("Mobile UniY');
and
WHEREAS, the City presented a letter dated June 6, 2008, to the Community requesting
that the Community donate the use of the Mobile Center for medical and emergency/incident
management purposes for the period August 30 — September 6, 2008, during the City's hosting
of the 2008 Republican National Convention; and
WHEREAS, the Community through its Business Council, desires to grant the City's
request.
NOW THEREFORE, in consideration of the mutual undertakings and agreements
hereinafter set forth, the receipt and sufficiency of which is hereby acknowledged, the
Community and the City hereby agree as follows:
COMMUNITY'S DUTIES
The Community shall deliver the Mobile Unit to the City at the City's designate site on
Wednesday August 27, 2008. The Mobile Unit shall be delivered fully equipped and operational.
The Mobile Unite will be staffed by two (2) EMT Paramedic certified Community employees as
standby first responders who wili act only if required in the discretion of the of the Incident
Commander for the term of this MOA. The Community shall further provide Community staff
[1= '�
-srte to assist v,ath Mobile Umt tecYuucal operahons. '
2. CITY'S DUTIES
The City shall provide a service site suitable to host the Mobile Center to include
adequate security, utilities, and addirional equipment and supplies and shall bear all costs
associated therewitl�. The City shall fur[her exercise due diligence to preserve all property
belonging to the Community that may come under the possession or control of the City.
COMMAND OF THE MOBILE UNIT.
The Incident Commander, as identified by the City, shall maintain sole command of the
Mobile Center for the duration of this MOA.
4. COMMUNICATION.
The Community's Director of Emergency Services and the City's Incident Commander
shall work together to ensure a well-coordinated and efficient operation.
USE OF 800 MHz RADIOS.
Use of the 800 MHz radios shall be govemed under separate agreement between the City
and Metro Region Emergency Managers Association.
6. LIABILITY.
For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. §46�, the
employees and officers of the Community shall not be deemed to be employees (as defined in
Minn. Stat. §466.01. subdivision 6) ofthe City.
7. INDEMNIFICATION.
Nothing in this Agreement shall constitute a waiver of the rights, privileges, and benefits
that the City is entitled to under Minnesota Statutes and that the Community is entitled under
Community and other applicable law. Bach party agrees that it will be responsible for its own
acts and/or omissions and those of its officials, employees, representatives, and agents in
carrying out the terms of this Agreement and the results thereof, to the extent authorized by law
and shall not be responsible for the acts and/or omissions of the other party and the results
thereof. The liability and the monetary limits of liability of the City of Saint Paul, their officials,
employees, representatives, and agents shall be governed by Minnesota Statutes Chapter 466 and
other applicable law. The liability and the monetary limits of liability of the Community, its
officials, employees, representatives, and agents shall be governed by the Community's Tort
Claims Ordinance
8. INSURANCE.
6g����
_-_�� `ffie sfiaTT"be ?i`a�Ie fo tFie Coirimuriify for any and ali damages to the Mobile
Unit arising from the City's activities under and pursuant to this MOA, including damage, loss
and the like caused by the negligence, gross negli�ence or intentional acts or omissions of the
City, or any person employed by the City, or anyone for whose acts the City is legally liable.
8.2 The City shall purchase and maintain commercial general liability, fire, theft, and
casualty insurance, including vandalism, to cover loss or damage to equipment and materials in
an amount of $1,000,000.00 per occurrence coverage. The City shall name the Community as an
additional insured on all insurance policies required pursuant to this License.
9. ASSIGNMENT.
This MOA may not be assigned or transferred by the City to any other person, firm,
corporation, or other entity without the prior, express, and written consent of the Commanity.
10. TERM OF AGREEMENT; TERMINATION.
10.1 This MOA will remain in effect through 5eptember 6, 2008, until or until such
time as the Community has retrieved the Unit from the City.
10.2 This MOA may be terminated at any time by either party for cause or otherwise
upon the mutual agreement of the City and the Community.
11. SOVEREIGN IMMUNITY AND JURISDICTION.
11.1 Soverei�n Immunitv. Nothing in this MOA will be or is meant to be a waiver of
either the Community's or the City's sovereign immunity from suit. In the event of a conflict
between the provisions of this paragraph and any other language contained herein, the language
of this paragraph will control and prevail.
ll.2 Jurisdiction. This MOA does not expand or limit the jurisdiction of either the
Community or the City. By entering into this MOA, the Community in no way concedes that the
laws of the State apply to the Community, its members, agents or employees.
12. MISCELLANEOU5 PROVISIONS.
12.1 Effective Date. This MOA is effective upon signature of both parties.
12.2 Amendments. This MOA wili not be amended except by written instrument
executed by the signatories below, or their successors in office.
12.3 Notices. All notices, demands, requests, writings or other communications that
may be or aze required to be n ven in connection with this MOU will be in wriring, signed by the
officers signatory to this MOA or their successors, and will be sent by Certified Mail, Return
��� 1 �(,�
To the Community: Stanley R. Crooks, Chairman
Shakopee Mdewakanton SiouY Community
2330 Siowc Trail N.W.
Prior Lake, MN 55372
To the City: Christopher B. Coleman, Mayor
City of St. Paul
City Hall, Suite 390
St. Paul, MN 55101
12.4 Third ParttiBeneficiaries. No third party will have any rights or obligations under
this MOA.
12.5 Entire Aexeement. This MOA represents the entire agreement of the parties.
12.6 S�atures. Facsimile and PDF file signatures shall be considered original
signatures for purposes of this Agxeement.
IN WITNESS WHEREOF, the parties hereto have caused this MOA to be executed by
their respective duly authorized officers as of the day and year first above written.
Shakopee Mdewakanton Sioux Community
�
Stanley R. Crooks, Chairman
CiTy of St. Paul, Minnesota
:
Christopher B. Coleman, Mayor
Approved as to form:
Attorney far Community
Approved as to form:
Attorney for City