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HomeMy WebLinkAboutRES 84-019 RESOLUTION AUTHORIZING JOINT ANC COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT - REGIONAL MUTUAL AID ASSOCIATION Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iozaea Box: 23 Folder: RES 1984 Document: RES 84-019 RESOLUTION AUTHORIZING JOINT ANC COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT - REGIONAL MUTUAL AID ASSOCIATION • RESOLUTION 84-019 A RESOLUTION AUTHORIZING JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT - REGIONAL MUTUAL AID ASSOCIATION BE IT RESOLVED by the City Council of the City of St. Anthony, as follows : WHEREAS , the City of St. Anthony desires to become a member of the Regional Mutual Aid Association and its Public Works Director is its authorized representative , and; City Manager its alternative representative, and; WHEREAS , a mutual need exists between members of the Regional Mutual Aid Association to share and assist one another in the areas of emergency, disaster control, and mitigation, and; WHEREAS , the City of St. Anthony considers it to be in the best interests of the City to enter into a mutual agreement with the other members of the Regional Mutual Aid Association. • NOW, THEREFORE , BE IT RESOLVED, that the City of St. Anthony enter into an agreement with the Regional Mutual Aid Association and here- by authorizes its Public Works Director to represent the City of St. Anthony in this association and the Mayor and City Manager are authorized to sign said agreement in behalf of said City of St. Anthony. Adopted this a'7 -` day of 1984 . -i0allU May r ATTEST: City Clerk Reviewed for administration: l 1 I . �J�UVV 1" City Manager r • JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT DURING EMERGENCIES REGIONAL MUTUAL AID ASSOCIATION I. PURPOSE The City/County recognizes that it has authority pursuant to the provisions of the Joint Exercise of Powers Act, Sec. 471.59, Minnesota Statutes, to enter into an agreement to jointly and cooperatively exercise a power common to each of the con- tracting powers, the result being to establish a regional Mutual Aid Association representative of the various communities with authority and responsibilities relat- ing to utilization of resources to counteract natural and man made disasters common to all communities, together with power and authority to implement such services as set forth. II. DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the meanings given them. Subd. 1. "Party" means a governmental unit which is a party to .this Agreement. • Subd. 2. "Eligible party" means a-governmental or corporation unit which is entitled to become a party to this Agreement, at its own option. Subd. 3. "Requesting party" means a party which requests assistance from other parties. Subd. 4. "Responding party" means a party which provides assistance to a re- questing party. Subd. S. "Assistance" includes personnel, materials and equipment. Subd. 6. "Requesting official" means the person who has been designated by the requesting party to request assistance from other parties. Subd. 7. "Responding official" means the person who has been designated by a party to determine whether and to what extent that party should provide assistance to a requesting party. Subd. B. "Emergency" means a sudden and unforeseen situation requiring immediate action beyond the requesting partys' capability. III. PARTIES , Subd. 1. The parties to this Agreement shall consist of the members of the Re- gional Mutual Aid Association. Upon the adoption of a resolution by its governing • body, an executed copy of this Agreement shall be forwarded by the member party to- gether with a certified copy of the resolution authorizing the Agreement. Subd. 2. The Secretary of the Regional Mutual Aid Association shall maintain a current list of the parties to this Agreement and, whenever there is a change in the parties to this Agreement, he shall notify the designated responding official of each of the parties of such change. Subd. 3. Upon joining the Regional Mutual Aid Association, the party shall • submit a list of their equipment to the Association Secretary. This equipment list shall be updated annually and submitted to the Association Secretary by December 31st of each year. Subd. 4. The Association Secretary shall distribute the equipment lists to all members. An equipment addendum sheet shall be distributed to all member parties by January 30th of each year. IV. PROCEDURE Subd. 1. Each party shall designate, and keep on file with the Secretary of the Regional Mutual Aid Association the name of the person of that party who shall be its requesting official and responding official . A party may designate alternate officials to act in the absence of the primary official: Subd. 2. Whenever, in the opinion of a requesting official of a party, there is a need for assistance from other parties to assist the requesting party, such re- questing official may, in his discretion, call upon the responding official of any other party to furnish assistance to and within the boundaries of the requesting party. It is the intention of the parties to this contract to cooperate in the event of an emergency by making available to a requesting party necessary or requested personnel, materials, and equipment (without undue delay.) Subd. 3. Upon the receipt of a request for assistance from a party, the respond- . ing official for any other party may authorize and direct the personnel of the res- ponding party to provide assistance to the requesting party. Whether the responding party shall provide such assistance to the requesting party and, if so, to what ex- tent such assistance shall be provided shall be determined solely by the responding official (subject to such supervision and direction as may be applicable to him within the governmental structure of the party by which he is employed.) Failure to provide assistance will not result in liability to a party. Subd. 4. When a responding party provides assistance under the terms of this Agreement, it may in turn request assistance from other parties as "backup" during the time that it is providing assistance outside its boundaries. Subd. 5. Whenever a responding party has provided -assistance to a requesting party, the responding official may at any time recall such assistance or any part thereof to the responding party, if the responding official in his best judgment deems this is in the best interest of his own agency. Subd. 6. When a responding party supplies equipment and personnel to a request- ing party, said equipment and personnel shall remain under the direction and control of the responding party; shall be paid by the responding party; shall be protected by the Worker's Compensation of the responding party; and shall otherwise be deemed to be performing their regular duties for the responding party. However, the res- ponding party shall undertake to coordinate with the requesting party the assistance which it provides. The requesting party shall provide all routine fueling and servic- ing of respondents equipment, materials, and assume all costs thereof during the assistance period. -2- Subd. 7. A responding party shall be responsible for its own personnel, equipment and materials and for injuries or death to any personnel or damage to any such equipment or materials, except that unused equipment and materials pro- vided by the responding party shall be returned to the responding party by the requesting party when circumstances permit this to be done. The requesting and responding parties may review any equipment repaired to determine if such repair was directly related to the emergency operation. If mutually agreed that repairs are required, they shall be the responsibility of the requesting party. Any dis- agreement which cannot be resolved by the responding and requesting parties should be resolved by a committee established from the Regional Mutual Aid Association. Subd. 8. The responding party shall maintain such records of the cost of ' labor,, equipment and materials provided,; and hours of work or operation as deemed necessary for recovery of costs in the event the incident becomes eligible for Federal or State Disaster Assistance. If declared eligible, these costs shall then be reimbursed by the requesting party in full or in a prorate share of assistance provided. Subd. 9. The requesting party shall not be responsible for any injuries, losses or damages to persons or property arising outof the acts of any of the personnel of a responding party. Nor shall the responding party be responsible for injuries; losses or damages ari-sing out. of the acts of any of the personnel of the requesting party or the personnel of any other responding party. • Subd. 10: - -Tdchnical service and assistance of non-emergency nature may be requested and/or provided by the parties to this Agreement. V. INSURANCE Each party to this Agreement shall maintain insurance policies covering per- sonal and public liability in the amount of not less than $300,000 for each of the above mentioned risks and-Worker's Compensation for its personnel. Said policies shall cover damage or injury caused by negligent operation of its vehicles while operating under the terms of this Agreement outside of its corporate limits or contract areas. Each member shall furnish the association with a Certificate of Insurance on the policies in force, or letter stating self insurance at said limits. VI. WITHDRAWAL AND TERMINATION Any party may withdraw at any time upon thirty (30) days written notice to the Secretary of the Regional Mutual Aid Association; such a party may become a party if later entering into this Agreement. The Secretary of the Regional Mutual Aid Association shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties, as hereinbefore provided. -3- VII. EFFECTIVE DATE • This Agreement shall become effective on IN WITNESS WHEREOF, the undersigned,, on behalf of their governmental unit, have executed this Agreement pursuant to authorization by the of on the day of 198—. REGIONAL MUTUAL CITY OF ST. ANTHONY AID ASSOCIATION By: By�e President Mayor By: Date• .d -2 7 _ / 9 Yom_ Secretary Date: COUNry OF RECqWIENDED BY: ATTEST: By: • City ger By: By: L Chairman of County Board Directo-i of Public Works Date: RECOMMENDED BY: APPROVED AS TO EXECUTION By: By: County Engineer County/City Attorney Date: Date. -4- • OONSTI'IUTIDN AND BY-LAWS OF THE REGIONAL MU7.UAL AID ASSOCIATION ARTICLE I Name and Purpose Sec. I This organization shall be known as "The Regional Mutual 'Aid Association". Sec. II The purpose of membership in this association shall be to assist one another in an emergency, to exchange ideas of equipment and methods of dealing with emergencies, and to protect the lives and property of our respective areas in the case of any emergency or disaster. ARTICLE II • Membership Sec. I Membership in this association shall refer to public works departments, or its equivalent department. Sec. II Any public works department in the area that can be of reciprocal service to the other members of said organization, and are from incorporated Villages, Cities, or Counties, and are approved by a simple majority of the membership shall be eligible for membership in this association. Sec. III The following shall be known as members of this association as of January 1, ARTICLE VI Elections Sec. I The election of officers shall be held at the regular meeting of each year. his election shall be by secret ballot. a — Sec. II r1he off icers of the association shall be elected for a term of two years. Sec. III In the event of a vacancy occuring in the office of the president, the vice president will succeed to that office. The president will appoint replacement officers for all vacancies. ARTICLE VII Committees Sec. I The association shall have the following annual committees : Executive; Film and Training Aids, and Safety. Sec. II Any committee shall have the authority to request assistance from any members of the association. Sec. III It shall be the duty of the Executive Committee to handle all • matters that pertain to state legislation on matters of importance to the association. Sec. IV It shall be the duty of the Film and Training Aids Committee to preview all new equipment training films and training.,aids- and make recommendations to the association regarding purchase. This committee may be charged with maintaining a film and training aid library and schedule the use by members only. Sec. V It shall be the duty of the Safety Committee to keep all members advised of new safety practices and. equipment. ARTICLE VIII Amendment and Dissolution Sec. I No amendment shall be made to these By-Laws unless proposed at the regular meeting in writing. Sec. II An amendment requires a two-thirds majority vote of the entire membership for acceptance. Sec. III This association may be disbanded by a three-fourths vote of the entire membership of the association, and a published or served notice shall be given to all members for that purpose at least one month before such a vote shall be taken. MINNESOTA CHAPTER ® American Public Works Association Dear Local Government Leader: What if a major tornado, windstorm, or flood hit your area today? "I Would you have enough manpower and equipment to cope with such events? Experience has shown that no single organization is able to adequately deal with these situations. To help overcome this problem, the Minnesota Chapter of the American Public Works Association (MPWA) , has concluded that a new cooperative approach would be very beneficial to most local government or- ganizations . The solution would be for the government agencies to set up mutual aid assistance groups around the state to provide the basis of aiding each other when such major events occur. ' Police and fire departments have used similar approaches successfully for many years. Such aid would be done totally on a voluntary basis with no one being required to provide either manpower, nor equipment to any other organization, unless they chose to do so. By entering into a joint cooperative agreement now for the use of other or- ganizations, personnel and equipment, you will be prepared for fast action. You would have information already available showing what equipment others own, who to contact (including after working hours), and be able to move at once, without red tape delays. The cost of operating such associations is anticipated to be extremely small . Please review the accompanying model resolution and mutual aid agreement, or give it to the appropriate individual in your organization. I hope that it will explain the proposed approach. If you have any questions, please list them with the tear-off portion of the next page, contact any of the committee members, or attend the fall meeting of MP{VA scheduled for November 17 and 18, Brooklyn Park, Minnesota. Please do not put off consideration of this idea on the assumption that it would not happen to you, the feeling that others would not actually help with your problem, or that it would not be useful . First-hand experience in my community, as the result of a tornado in11981, demonstrated very clearly that it can happen to you, others do have resources and a willingness to assist, and being ready and prepared is a tremendous help. • 'MINNESOTA CHAPTER American Public Works Association February 15, 1984 Re: Regional Mutual Aid Association i Dear Sir: Early last month, your organization was sent a letter concerning potential .for- _ mation of a regional mutual aid association. You were also invited to a January 19, 1984 meeting, for discussion and questions on such an organization. Based on the input and interest shown last month, it has been concluded that such an association should be formed. Therefore, a meeting has been scheduled for 2:00 p.m. , Tuesday, March 20, 1984, at the Roseville City Hall . The city hall is located at 2660 Civic Center Drive near the intersection of Lexington Avenue and West County Road C. It is anticipated that the association will be formed at that meeting, officers elected and bylaws adopted. If your governmental agency is interested in joining the association, please send a representative to that meeting. If it is not possible to attend the meeting, then a written statement of your intent to join would be appreciated. If at all possible, it is requested that each city or county pass a resolution approving the agreement to establish the association. If these could be brought to the meeting of March 20, it would aid in our formation activities. If you did not keep the copy of the association agreement, or proposed bylaws, con- tact me and I �will be happy to send you another copy. If you have new questions, or your questions were not adequately answered at the meeting last month, likewise. . just give me .a call at 484-3371 and I will attempt to provide you with the answers.! Thank you for your interest and I look forward to hearing from you, or seeing you at the meeting of March 20, 1984. Yours truly, Charles V. Honchell, Chairman Administrative Committee MPWA CVH/c MINNESOTA CHAPTER ® American Public Works Association January 10, 1984 Larry Ramer City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 Proposed Regional Mutual Aid Association Response Dear Sir: In mid October of 1983, your city manager or chief administrative officer was sent a letter concerning the porposed formation of a Regional Mutual Aid Association. A copy of that letter is included for reference purposes. Also, at that time, a copy of a proposed agreement and bylaws of a mutual aid association were mailed out. We have not as yet had any response from your community as to their inter- est in the formation of such, a mutual aid organization. We have, however, received notification from 17; other communities and one county that they are interested. In addition, six other cities are interested, but have questions. These communities are planning to ;•meei at ,the City Engineers' Association to discuss details of the-organization and answer questions. I would urge you to have a representative join them to, at least, learn more of the or- ganization, if you -have any interest, whatsoever. The meeting will be led by John Flora, of the City of Fridley, and will be held at approximately 4:30 p.m. , following the business meeting on Thursday, January 19, 1984. The meeting is being held in the Sheraton Inn-Northwest, near I-94 and Highway 52 in Brooklyn Park. If you have any questions, please contact either John Flora at 571-3450 or myself at 484-3371. Yours truly, Charles V. Honchell, Chairman Administrative Management Committee Minnesota Public Works Association • CVH/c encls;