Agenda - Public Works Committee - 05/21/2019

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basically makes the requesting state responsible to defend and indemnify the sending city’s employees if they’re sued. In most cases therefore, liability should not be a concern for a city providing assistance in another state under EMAC. However, if it were to somehow happen that there was a liability claim against an LMCIT member city which was not handled by the state that was receiving the assistance, the city’s LMCIT liability coverage would respond to that claim, just like any other liability claim against the city. As is the case with providing assistance within the state of Minnesota under the emergency assistance statute, the sending city remains responsible under workers’ compensation laws for their employees’ injuries. A city’s LMCIT work comp coverage would continue to apply under an EMAC response. EMAC also provides for the state receiving assistance to reimburse the party providing assistance for damage to the assisting party’s equipment. If for some reason an LMCIT member city wasn’t reimbursed by the receiving state for damage to its equipment or vehicles, the city’s LMCIT property and/or auto physical damage coverages would apply, just as with any other instance of damage to city vehicles or equipment. The provisions of EMAC and associated HSEM intergovernmental agreements offer responding cities some very important protections. It is therefore imperative that city employees NEVER self- deploy to an emergency outside Minnesota. In the words of HSEM, “If you respond on your own, you are on your own.” Disaster assistance Ï a coverage checklist for cities If your city is either receiving assistance in a disaster or providing assistance to another city in a disaster, here’s a checklist to help identify potential coverage problems: 1.Is assistance being provided under the statute or under an agreement? If both the sending and receiving cities are LMCIT members and you’re working under Minn. Stat. 12.331, Contract Review Service: providing or receiving disaster assistance doesn’t create LŅǤƚǒ͸ƩĻƓƚƷƭǒƩĻğĬƚǒƷğƦğƩƷźĭǒƌğƩ any particular coverage problems for either city. Both ĭƚƓƷƩğĭƷͲ\[a/LǞźƌƌƩĻǝźĻǞźƷƷƚŷĻƌƦ cities’ existing LMCIT liability, property, auto, and ĻƓƭǒƩĻƷŷğƷƷŷĻĭƚƓƷƩğĭƷ͸ƭźƓƭǒƩğƓĭĻ workers’ compensation coverages will address their ğƓķƌźğĬźƌźƷǤƦƩƚǝźƭźƚƓƭğķĻƨǒğƷĻƌǤ respective risks under the statute. ƦƩƚƷĻĭƷƷŷĻĭźƷǤ͸ƭźƓƷĻƩĻƭƷƭ͵ If you are instead responding under an existing mutual {ĻƓķĭƚƓƷƩğĭƷƭƷƚ/ŷƩźƭ{ƒźƷŷğƷ aid agreement, the terms of that contract will apply. It’s ĭƭƒźƷŷθƌƒĭ͵ƚƩŭƚƩƩğĭźĻ/ŷğƒĬĻƩƌźƓ a good idea to review the terms of existing mutual aid ğƷƷĭŷğƒĬĻƩƌźƓθƌƒĭ͵ƚƩŭ͵ agreements in light of the information provided in this memo, and in consultation with your city attorney. 7