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HomeMy WebLinkAbout20090817 - VI-07 MEMO To:Honorable Mayor and City Council From:Tom Montgomery Date:August 7, 2009 Re:Approve Public Works Mutual Aid Agreement with Prescott Council is requested to approve the enclosed mutual aid Agreement with the City of Prescott for Public Works assistance in emergencies. The mutual aid agreement was proposed by Prescott and defines terms for voluntary assistance by our two cities’ Public Works Departments. The agreement has been reviewed by Dan Fluegel and the League of Minnesota Cities. PUBLIC WORKS MUTUAL AID SERVICES AGREEMENT BETWEEN CITY OF HASTINGS, MINNESOTA AND CITY OF PRESCOTT, WISCONSIN THIS AGREEMENT is made pursuant to Wisconsin Statute §66.0303and Minnesota Statutes §§12.27 and 471.59, which authorize the joint and cooperative exercise of powers common to contracting parties in other states. The intent of this agreement is to enable one municipality to make public works equipment, personnel, and other related resources available to the other municipality in the event of an emergency. 1. Definitions. a. "Party" means the City of Hastings and.or the City of Prescott. b. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. c. "Requesting Party" means a party that requests Assistance from other parties. d. "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. e. "Responding Party" means a party that provides Assistance to a Request Party. f. "Assistance" means public works personnel, equipment, and services provided by the Responding Party to the Requesting Party. g. "Emergency" means a disaster, non-routine situation, or unforeseen set of circumstances occurring within the service area of a party which requires immediate action, and the equipment or personnel of the Requesting Party is inadequate to address the situation in a timely manner. 2. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from another party, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. 3. Response to Request. Upon the request for assistance from a Requesting Party, the Responding Official may -1- authorize and direct a 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. The decision of the Responding Official to respond or not to respond shall be conclusive. Neither the Responding Party, nor any other officer or employee of the Responding Party, shall be liable to the other party or any other person for failing to respond or provide Assistance to the Requesting Party. 4. Recall of Assistance. The Responding Official may at any time recall the assistance when, in their best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interest of the Responding Party to do so. No liability to the Responding Party or any officer or employee of the Responding Party shall result by the Responding Party's recall of assistance. 5. Command of Scene. The Requesting Party will be in command of the mutual aid scene. The personnel and equipment of the Responding Party will be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. 6. Workers' Compensation. Each party is 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 dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 7. Damage to Equipment. Each party is 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. 8. Liability. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466) and -2- Wisconsin Statute §893.80, the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision 6 and Wisconsin Statute §893.80) of the Requesting Party. 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 or Wisconsin Statute §893.80 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. 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 or Wisconsin Statute §893.80 whichever applies. 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. 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. 9. Charges to the Requesting Party a. 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 12 hours. If assistance provided under this agreement continues for more than 12 hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial 12 hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the Responding Party for that amount within thirty (30) days of submission of the itemized bill for services. b. Any charges are not contingent upon the availability of federal or state government funds. 10. Duration. This Agreement will be in force for a period of three (3) years from the date of execution. -3- Any party may withdraw from this Agreement upon thirty (30) days written notice to the other party or parties to this Agreement. 11. Similar Agreements. Either party may continue any other existing agreements or enter into other agreements, similar in nature to this one, without consultation with the other party. This Agreement shall not limit any of the parties in connection with any obligations a party may have under similar agreements. 12. Government Data Practices and Open Records Law Compliance. All parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and the Wisconsin Open Records Law, Wisconsin Statutes Chapter 19, as they applies to all data created, collected, received, stored, used, maintained, or disseminated pursuant to this Agreement. If a party receives a request to release the data referred to in this paragraph, the party will immediately notify the other parties and consult with the other parties before releasing the requested data. 13. Modifications. All amendments or modifications to this Agreement must be in writing and approved by both parties and included or attached to this Agreement. 14. Severability. The provisions of this Agreement shall be severable, and if any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall remain in full force or effect. 15. Entire Agreement. This Agreement contains the entire agreement of the parties hereto. Except as stated in this Agreement, no party has relied on any statement, promise, inducement, or representation of the other. This Agreement supersedes any and all prior statements and agreements between the parties relating to the subject matter contained herein. -4- 16. Execution. Each party hereto has read, agreed to and executed this Agreement on the date indicated. Each party to this Agreement shall maintain an executed copy of this Agreement. IN WITNESS WHEREOF, the undersigned, on behalf of their respective political subdivisions, have executed this agreement on this date. CITY OF HASTINGS Dated: _____________ __________________________ By: Paul J. Hicks Its: Mayor Dated: _____________ __________________________ By: Melanie Mesko Lee Its: City Clerk CITY OF PRESCOTT Dated: _______________________________________ By: Michael A. Hunter Its: Mayor Dated: _____________ __________________________ By: Elizabeth A. Frueh Its: City Administrator -5-