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9.a) Authorization for Mutual Aid and Intergovernmental Agreements Meeting Date: 1/20/2009 Agenda Item: � r � J � City Council Agenda Report City of Scandia 14727 209`�' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Adopt a resolution authorizing the dispatch of mutual aid in emergency situations, and authorizing the execution of intergovernmental agreements. Deadline/ Timeline: N/A Background: • In December, the Fire Department requested that the City Council approve an intergovernmental agreement that would allow the city to respond to requests for aid from another jurisdiction pursuant to EMAC (Emergency Management Assistance Compact, the interstate mutual aid agreement by which states assist each other in times of disaster by providing personnel or other resources.) • After reviewing the draft agreement, it was found that the Council needs to delegate authority to respond to disasters, when the suddenness of the incident would make it impractical for the governing body itself to authorize the response, to comply with state law. � Staff was directed to prepare a resolution to address both of these issues for consideration at a future meeting. • Inquiries were made of other cities and counties regarding how they had dealt with these issues. It was found that many cities appear to have handled the authority to respond to disasters through adoption of an ordinance or chapter in their city codes dealing with emergency management. The League of Minnesota Cities has developed an ordinance (a chapter of their model city code) which has been adapted by many communities (including Hugo, Forest Lake, Blaine & others. ) The ordinances typically describe the duties and authority delegated to the appointed emergency manager and the emergency powers of the City Council. Scandia has designated an emergency manager,but has not defined the duties. This is something that the City needs to do and staff will prepare an ordinance for future consideration. • Staff also obtained examples of resolutions that have been used to deal with mutual aid response in general, and the EMAC intergovernmental agreement in particular. A draft resolution was Page 1 of 2 O1/14/09 prepared using a model provided by the state, and actual resolutions adopted by Washington and Dakota Counties. • The draft resolution covers t11e need to delegate authority to respond to disasters as required by Mn Statute 12.27 Subd. 3, and to cover the execution of emergency intergoverninental agreements such as the one related to EMAC. As written, authority is delegated to the Mayor, or in his or her absence the Acting Mayor, or in his or her absence the City Administrator. It requires that any exercise of authority under the resolution be reported to the City Council at its next regular meeting. Recommendation: I recommend that the City Council adopt the resolution. A draft ordinance to address the other issues identified (establishing the duties of the emergency inanager and einergency powers of the City Council) will be prepared for consideration at a future date. Attachments/ • Draft Resolution 10-20-09-03 Materials provided: . EMAC Intergovernmental Agreement • The Emergency Management Assistance Compact—An Introduction Contact(s): Prepared by: Anne Hurlburt, Administrator (mutual aid intgovt agreements resolution) Page 2 of 2 O1/14/09 CITY OF SCANDIA RESOLUTION NO.: 01-20-09-03 RESOLUTION AUTHORIZING THE DISPATCH OF MUTUAL AID IN EMERGENCY SITUATIONS AND AUTHORIZATION TO EXECUTE INTERGOVERNMENTAL AGREEMENTS , WHEREAS, the Minnesota Emergency Manageinent Act of 1996 (Minnesota Statutes Chapter 12) confers upon state and local government certain powers and responsibility to prepare for the existing and increasing possibility of the occurrence of natural and other disasters of major size and destructiveness; and WHEREAS, the Act provides for the rendering of mutual aid among the political subdivisions of the state, with other states, and with Canadian provinces and to cooperate with the federal government with respect to carrying out of emergency management functions; and WHEREAS, the Scandia City Council recognizes that there have been instances in the past and which can be anticipated in the future wherein the City may be requested to provide aid in response to emergencies which occur outside the territorial limits of Scandia; and WHEREAS, because of the suddenness of an emergency it may be impossible or iinpractical for the City Council to meet and authorize the dispatch and use of City equipment and personnel in response to requests for such mutual aid; and NOW, THEREFORE BE IT RESOLVED, when the public interest requires it because of an emergency a political subdivision may request the assistance of the City of Scandia, and the City is hereby authorized to go to the assistance of the requesting political subdivision. The receiving political subdivision may accept and use the personnel, equipment, and supplies of the City of Scandia as ageed upon by both parties and as provided by the law; and BE IT FURTHER RESOLVED, that absent an existing mutual aid agreement, the Mayor; or in his or her absence, the Acting Mayor; or in his or her absence, the City Administrator shall be fully authorized to act on behalf of the City to dispatch aid to the requesting political subdivision. The Mayor, or in his or her absence, the Acting Mayor; or in his or her absence, the City Administrator is authorized to recall, order or terminate the use of such equipment and personnel when the need for their use no longer exists, or earlier, if in his or her discretion it appears in the best interests of the City of Scandia to do so; and BE IT FURTHER RESOLVED, that the Scandia City Council hereby authorizes the Mayor; or in his or her absence, the Acting Mayor; or in his or her absence, the City Administrator to execute Intergovernmental Ageements, substantially as presented to the City Council on January 20, 2009, to deploy the resources of the city to another state in the event of Resolution No.: O 1-20-09-03 an emergency declared by the governor of suc11 state, when the suddenness of the emergency makes it impractical for the City Council to authorize such Intergovernmental Agreements; and BE IT FURTHER RESOLVED, that a report on any dispatch of city resources to another political subdivision and/or any Intergovenlmental Agreements executed pursuant to authority granted by this resolution shall be presented to the Scandia City Council at its next regularly scheduled meeting. Adopted by the Scandia City Council this 20th day of January, 2009. Dennis D. Seefeldt, Mayor ATTEST: Administrator/City Clerk 2 INTERGOVERNMENTAL AGREEMENT Between MN Department of Public Safety and County/City Homeland Security and Emergency Management 444 Cedar Street, Suite 223 St. Paul, MN 55101-6223 Contact Person: Kim L. Ketterhagen Contact Person: Phone: 651-755-1615 Phone: E-mail: kim.ketterhagen@state.mn.us E-mail: INTRODUCTION: The Department of Public Safety, Minnesota Homeland Security& Emergency Management [HSEM], pursuant to Minnesota Statutes. Sections S#�a�e� 12.27, subd. f2� and 192.89 the "Interstate Emergency Management Assistance CompacY` [EMAC], coordinates emergency management and interstate mutual aid for the State of Minnesota. EMAC is the interstate mutual aid agreement to which all states belong that allows states to assist each other in times of disaster. When any member state's Governor declares a disaster or when a disaster is imminent, other member states may agree to provide assistance in response to requests from the impacted state(s). The assistance from other member states may be in the form of personnel and/or other resources. EMAC has been implemented to assist the State(s)of to respond to In response to pending EMAC requests, HSEM through MN-EMAC has identified experienced and qualified public employees who are available to deploy and have agreed to assist with the response and recovery missions in . Work conditions may be sub-standard with extended hours during the week, weekends, and holidays. The customary work hours under this agreement are for 12 hour shifs or as approved by MN-EMAC. In some instances, responders must be prepared to be self-sustained for several days. For each individual county/city jurisdiction participating in the EMAC response effort, the following intergovernmental agreement must be executed. TERMS AND CONDITIONS: Authoritv: Pursuant to Minnesota Statutes, Sections Sba�ef-� 12.27, subd. �2�and 192.89, HSEM through MN-EMAC and County/City establish this intergovernmental agreement for utilization of personnel and/or resources. , who is currently employed as a by County/City, Minnesota, has agreed to assist HSEM through MN-EMAC with the EMAC mission described above. The period of deployment will commence on , and end on or before No extensions of time will be granted without written approval. Page 1 of 3 Origination Date: 08-07-08 Emplovee status: During the period of depioyment, shall remain an employee of County/City, on detail as an employee(s) of the sending County/City for purposes of the EMAC deployment as assigned by HSEM under MN-EMAC. The County/City employee(s)will continue to be paid by his/her county/city employer, will continue to receive the same benefits as if working at his/her home station, and will carry with him/her all workers` compensation and employee benefits as if working at his/her home station. HSEM assumes no responsibility for this county/city employee(s) other than the obligation to coordinate activities through MN-EMAC and to process expense reports through the EMAC reimbursement process. The employer or employee(s), in consultation with HSEM through MN-EMAC, shall make and incur costs for all necessary logistical arrangements, including airline, lodging, per diem expenses and other necessary miscellaneous expenses. Liability: Officers or employees of a party state, or officers or emplovees deemed to be emplovees of a partv state, rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. "Good faith" in this subdivision does not include willful misconduct, gross negligence, or recklessness Loqistics: The employee(s)will report to the upon arrival and perForm duties as assigned. The deployed Task Force leader or Strike Team leader will provide emergency contact information and status reports for the employee to MN-EMAC operations on a designated time schedule. MN-EMAC will provide to the County/City contact information and accountability reports throughout the period of deployment. Equipment: Limited resources are available in the affected area. EMAC assistance requests assume that personnel deployed under MN-EMAC will provide the necessary personal equipment needed to perform the assigned task(s). Reimbursement: Estimated amount-- $ The amount provided above is to be used as an estimate only. The final amount could be higher or lower depending on actual costs. All wages shall be calculated at a 12 hour work day. 8 hours of regular pay and 4 hours of overtime pay. The pay calculations will start at zero hours at the begaining of the deployment. Within 20 days of the termination of this deployment, County/City shall complete and submit to MN-HSEM an EMAC Form R-2, a copy of which is attached to this agreement. Reimbursement may be requested for actual costs incurred for this deployment, including compensation (including overtime pay), benefits; travel, lodging, and expenses (subject to any limitations applicable to the employee under the County/City's existing policies); government vehicle cost(s); and equipment cost(s), (including any loss, damage to, or expense incurred in the operation of the equipment). Page 2 of 3 Origination Date: 08-07-08 . � HSEM through MN-EMAC shall be responsible for requesting reimbursement for eligible expenses from the requesting state. Upon receipt of reimbursement from the requesting state, HSEM will provide reimbursement to the County/City in a final amount for the authorized expenses claimed on the Form R-2, within 30-days. ALTERATIONS AND AMENDMENTS This Agreement may only be amended by mutual agreement of the parties. Amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon 30 days prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for perFormance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and year last specified below. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. BY: BY: Kris A. Eide, Director Name: Minnesota Homeland Security& Emergency Management Chairperson, Commissioner or Mayor Counry/Ciry Date Date Page 3 of 3 Origination Date: 08-07-08 /. / � / � (:)�f:�1 (/ � /,'yj r'r"1 G-,�l" _ /_ ` O`f1� /. . �,/��1"�t% �,� �� � ( II� 'i1 m "' p �4 cNF Go ���anag�ment AsS��an�rc The Emergency Management Assistance Compact—An Introduction By Beverly Bell, NEMA Policy Analyst As hurricane season begins and experts predict another active year, many can't help but recall the devastation caused by Hurricanes Katrina and Rita almost two years ago.The price paid in terms of lost lives and property from a natural disaster was nearly unprecedented. The resources that were deployed to the affected areas in response to the storms were also unparalleled. Much of the help came from other states via the Emergency Management Assistance Compact(EMAC).Through EMAC, more than 66,000 personnel and$830 million in equipment from across the country were sent to the Gulf Coast. The compact is considered a cornerstone in disaster response,familiar to the U.S. Congress,governors, as well as state and local officials. EMAC is neither a federal agency nor part of the federal government.Administered by the National Emergency Management Association, the compact is an ag�eement among all states, the District of Columbia, Puerto Rico and the Virgin Islands,to provide assistance across state lines when a disaster occurs. There are several important distinctions to remember about EMAC. First, it is a state-to-state agreement. EMAC doesn't move resources from county to counry,city to city, or localiry to locality. Local and county governments that want to offer aid must work through their state emergency management office. Next, EMAC follows the emergency management standards of incident command and control. Finally, the compact does not allow for deployment of individuals acting on their own accord. EMAC deployments are legal contracts, not arbitrary mobilizations.This clea�ly defined mission means that EMAC is able to expedite and streamline the delivery of assistance between member states.To protect state sovereignry, the compact uses established protocols that allow reimbursement from the requesting state to all assisting states. EMAC also has procedures to resolve workers compensation, licensure and liability issues. How EMAC Works Two things have to happen before assistance can be provided by the states under EMAC: 1)The governor of the impacted state declares a state of emergency and,2)The impacted state must ask for help. In some states, the governor has the authority to declare a state of emergency if a disaster is imminent,for example when landfall of a hurricane is certain. This allows member states to request assistance through EMAC to pre-stage resources to or near the impacted area. After these two things happen, the following process begins: • NEMA EMAC Coordinator o�the National Coordination Group(NCG)is notified, and if needed, an EMAC coordinating team known as an A-Team(Advance Team)works with the impacted state in determining its needs. • Other member states are noti�ed about the event and resource requests. � • The A-Team heips the impacted state determine the availability of requested resources and the costs through the Requisition for Assistance(REQ-A). • Member states offer resources in response to those requests • The impacted state and the A-Team review ali responses, often accepting resources from the closest states first to speed up assistance. • The impacted state completes the REQ-A accepting the resources for the estimated costs therein. • Resources are sent to the requesting state. • NEMA EMAC Coordinator tracks all requests, including fulfilled and cancelled requests on the EMAC Operations database for all member states to review. • The assisting state asks for and receives reimbursement from the impacted state. How EMAC Was Born Though o�cially ratified by Congress in 1996 as law, EMAC traces its beginnings to several years earlier when another Hurricane—Andrew—hit Florida in 1992. Considered one of the most destructive hurricanes in U.S. history,Andrew caused 26 direct deaths and more than$25 billion in damages. As the state struggled to rebuild, then Florida Gov. Lawton Chiles suggested that the 19 members of the Southern Governors Association establish some rype of formal mechanism for states to provide help to one another in times of disasters. Originally known as the Southern Regional Emergency Management Assistance Compact, the agreement grew and evolved into EMAC. When it was signed into law(Public Law 104-321) 11 years ago, it became the first national disaster-relief agreement to be ratified by Congress since the Civil Defense Compact of 1950. Now, it is considered a model mutual aid agreement,with a well-tested operational system that provides the necessary flexibiliry to manage the ebb and flow of any disaster. For more information about EMAC contact your state emergency management agency or visit www.emacweb.orq.