HomeMy WebLinkAbout5.C.1. Withdrawal and Termination from the Joint and Cooperative Agreement-Res. No. 6958
s;c./,
CITY OF SHAKO PEE
Memorandum
CO~\fs~"Rr
._ ,r 1\11 '. ,0-i'M if\~ '.'
TO: Mayor & City Council . J1 s1'
_ -j
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Approval of Resolution No. 6958, A Resolution on the
Withdrawal and Termination from the Joint and Cooperative Agreement
for Use of Personnel and Equipment During Emergencies Regional
Mutual Aid Association
DATE: November 4.2009
INTRODUCTION:
Attached is Resolution No. 6958, A Resolution on the Withdrawal and Termination for the Joint
and Cooperative Agreement for Use of Personnel and Equipment during Emergencies Regional
Mutual Aid Association.
BACKGROUND:
In 1984 the City of Shako pee entered into a Joint Powers Agreement with numerous other Cities
in the metropolitan area to provide mutual aid assistance for Public Works equipment. State
laws have subsequently changed making this Joint Powers Agreement unnecessary. Our
insurance carrier, the League of Minnesota Cities Insurance Trust (LMCIT) is recommending
that we terminate this Joint Powers Agreement. (See attached e-mail)
The attached resolution officially withdraws the City of Shakopee from this Joint Powers
Agreement. The City can still provide mutual aid to other Cities, however, the Joint Powers
Agreement is no longer necessary.
ALTERNATIVES:
1. Adopt Resolution No. 6958, A Resolution Approving a Withdrawal and Termination
from the Joint and Cooperative Agreement for the Use of Personnel and Equipment
During Emergencies Regional Mutual Aid Association.
2. Do no approve Resolution No. 6958.
3. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REOUESTED:
Offer Resolution No. 6958, A Resolution Approving a Withdrawal and Termination from the
Joint and Cooperative Agreement for the Use of Personnel and Equipment During Emergencies
Regional Mutual Aid Association and move its adoption.
~o~
Public Works Director
ENGR/2009-PROJECTS/2009-COUNCIL/MEM-6958-TERMINATION-COOP-AGREEMENT
Bruce Loney
From: Smith, Chris [CSmith@lmc.org]
Sent: Tuesday, October 27,20097:49 AM
To: Bruce Loney
Subject: RE: emergencies regional mutual aid association
Bruce:
I've been told by a number of people that cities no longer use this agreement. I've also been told that parties believe
the agreement no longer exists. However, I believe the agreement does still exist. Accordingly, if a party no longer
wants to be bound to the agreement, it should withdraw.
As to the agreement itself, I am concerned about the liability provisions. The agreement does not treat liability in the
manner recommended by LMCIT and could conflict with other mutual aid agreements.
Also, since this agreement was executed, Minnesota Statutes, Section 12.331 was passed which authorizes cities to
provide mutual aid in the absence of a written agreement. Thus, cities can still provide mutual aid if this agreement is
terminated.
If you have any questions, please let me know.
Christopher Smith I Risk Management Attorney
Tel: (651) 281-1269 I Fax: (651) 281-1296
csmith@lmc.org I www.lmc.org
League of Minnesota Cities
145 University Ave. West I St. Paul, MN 55103
Connecting & Innovating Since 1913
From: Bruce Loney [mailto:BLoney@cLshakopee.mn.us]
Sent: Monday, October 26, 2009 4:35 PM
To: Smith, Chris
Subject: emergencies regional mutual aid association
Chris you name was given as the LMC representative who is recommending that cities terminate their Emergencies
Regional Mutual Aid Association Joint Power Agreement. Do you have anything in writing on the recommendation to
terminate this agreement and can I get a copy for the council memo to terminate the agreement? thanks
Bruce Loney
Public Works Director
office no.: 952-233-9361
mobile no.: 612-369-7488
Please consider the environment before printing this emaH
1
RESOLUTION NO. 6958
WITHDRAWAL AND TERMINATION FROM THE
JOINT AND COOPERATIVE AGREEMENT FOR THE USE OF
PERSONNEL AND EQUIPMENT DURING EMERGENCIES
REGIONAL MUTUAL AID ASSOCIATION
WHEREAS, the City of Shakopee desires to Withdraw and Terminate from the Joint and
Cooperative Agreement for the Use of Personnel and Equipment During Emergencies Regional
Mutual Aid Association approved in 1984; and
WHEREAS, Article VI of the Agreement allows any party to withdraw at any time
upon thirty (30) days written notice to the Secretary of the Regional Mutual Aid Association,
who shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other
parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA AS FOLLOWS:
1. That the City of Shakopee shall withdraw from the Joint and Cooperative Agreement for
Use of Personnel and Equipment During Emergencies Regional Mutual Aid Association.
2. That the Public Works Director is directed to submit written notice to the Secretary of the
Regional Mutual Aid Association of the City's intent to withdraw from the Joint and
Cooperative Agreement for Use of Personnel and Equipment During Emergencies
Regional Mutual Aid Association.
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of , 2009.
Mayor of the City of Shakopee
ATTEST:
City Clerk
ENGR/2009-PROJECTS/2009-COUNCIJ!RES6958-TERMINATE-COOP-AGREEMENT
... '3' [)\.) ,-;' (:<: ~
't ~:,:;
::;,."
~:
b ;' ;.. .:' ~~~~f~;?~;'f:~~ff~~;.t~
JOINT AND COOPERATIVE AGREEMENT FOR USE OF - .>!..",~, (\d " ~~,.l".
PERSONN~L AND EQUIPMENT DURING EMERGENCIES APR 2 4 1984
REGIONAL MUTUAL AID ASSOCIATION
f . z;rry ()F
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.
SOOd. 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.
SOOd. 5. "Assistancelf includes personnel, materials and equipment.
Subd. 6. If Requesting official If means the person who has been des igliated by the
requesting party to request assistance from other parties. ~
Subd. 7. "Responding officiallJ 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. 8. "Emergency" means a sudden and unforeseen situation requiring immediate
action beyond the requesting partys I capabil1ty.
/~ ",
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. ~e 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. ~nenever. 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. Wnen a responding party provides assistance under the terms of this
Agreement. it may in turn request assistance from other parties as 'lbackup" 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.
SOOd. 6. When a responding party supplies equipment and personnel to a request-
ing party, said eq~ment 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 partyj 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-
C'.~
".
lJ
Subd. 7. A responding party shall be responsible for its own personnel,
equipment and mat.erials and for injuries or death to any personnel or damage to
any such equipment or materi~. 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
Pederal or State Disas~er 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 out of the acts of any of the
personnel of a responding party. Nor shall the responding party be responsible for
injuries, losses or damages arising out of the acts of any of the personnel of
the requesting party or the personnel of any other responding party.
Subd. 10. Technical service and assistance of non-emergency nature may be
requested and/or provided by the parties to this Agreement.
V. INSURAI~CE
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. EFFECl'NE DATE
'!his Agreanent shall become effective on May 2. 1984 IN
WTINESS WHEROOF, the undersigned, on behalf of their governmental unit,
have executed this Agreement pursuant to authorization by the
Ci ty of Shakopee . on the 1st day of
, May, , 198~.
REGIONAL MU'IUAL CITY OF ShAl>Quee
AID ASSOCIATION
By"
-.- .,-
Mayor '"
Date; May:l, 1~M-__
"
Date: j,.-(' .+:. c;l--
I:>
a::oNrY' OF RECOMMENDED BY:
M"I'EST : By:
City Manager/Clerk
By: By:
Chairman of County Board Director of Public Works/City Eng.
Date:
REO:lMMENDED BY: APPROJED AS TO EXECUTION
By: By:
County Engineer County/City Attorney
Date: Date:
-4-
RESOLUTION NO. 2253
A RESOLUTION AUTHORIZING JOINT AND COOPERATIVE AGREEMENT
FOR USE OF PERSONNEL AND EQUIPMENT -
REGIONAL MUTUAL AID ASSOCIATION
BE IT RESOLVED by the City of Shakopee, as follows:
WHEREAS, the City of Shakopee desires to become a member of
the Regional Mutual Aid Association and its Jim Karkanen
is its authorized representative, and; Tom Brownell
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 Shakopee 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 Council of the
City of Shakopee enter into agreement with the Regional Mutual
Aid Association and hereby authorizes its Jim Karkanen
to represent the City of Shakopee in this association and the
MaKor Eldon Re'inke is authorized to sign said agreement in
De alf of said City~of Shak~pee. .
Li Ii ,1
Adopted in t. I~ 1;' / ses sian of the City Council of
the City of Shakopee ~nnesota, held this 1st day of Ma~
1984.
ATTEST:
~l ;1 .
(\ t.,,8 d ! J /
"fit
c't~~ert<: . (/;1-/
Approved as to form this ~
day of May , 1984.
~~
City ttorney
.' ,-
REGIONAL MUTUAL AID ASSOCIATION ~ C;:ONTACTS .~
AFTON SLAINt CHAMPLIN OJ. )N GOLDEN VALL/
.
Twyla Goers MIke Ulrlcl1 Jerry Ruppellus ShIrley Slaler JeannIne Clancy
W: 651-4~6.5090 W: 763-785.6165 W: 763-211-7110 W: 763-42'7-4589 W: 763-593-8030
H: 651-436-6548 H; H: 441-2156 H:763-421-7110 H: 763-'753-6305
c: c: 612-968-2168 . C: 612-759-2165 C: 763.,438-6411
Anoka County Chris Rachner @~i~tl:>
W: W; 763-427'1212 W: 763-217-7172 W: W; 763-593-3981
H: H: H: H: 763-533-7680
H: c: c: 612-695-6018 . c: c: 763-438-8420
" ~
I
ANDOVER BLOOMINGTON CHANHASSEN EAGAN HENNEPIN COUNTY
FIl:mk Stone Jim Gates Emergency Pager ArnIe Erhart JIm Grube
W: 763-755-8118 W: 952,.563-8730 W: W: 651-681-4300 W: 763-745-1507
Ii: 320.277-3684 H: H: H: 651-688-0578 H: 763.559-8930
c: 612-328.1179 Fax:952-56~868 P: 612-64iH681 C: 651-485.0701 c:
Brian Kraabel Teresa 6t1rgeslI Wayne Schwanz WaYflB MalsymQlQ
W: 763-413-0572 W: W: 952.937-1900 156 W: 651-661-4300 W: 763-'745-7705
H: 763-413-0572 H: H: 952-446-9272 Ii: 651-322-1875 H:763,425-1579
C: 612-328-1160 c: 612-749-1236 C:651-485-0601 c:
i
ANOKA BROOKLYN CENTER COLUMBIA HEIGHTS EDEN PRAIRIE HOPKINS
. Marl< Anderson Dave Peterson KevIn Hansen Cliff Cracauer Police Department
W: 763-576-2921 W; 569-3380 W: 163-706-3705 W: 952-949-8537 W: 952.939-1325
"'.. ~H: 763-535-9008 H; Ii: H: 952.881-9364 H:
C: 612-791-7219 Police: 569-3333 C: 612-719-9910 c:
Jon Holmes DIane Spector KalhyJean Young V Tom 'Tesch Standby SupervIsor
W: 763-576-2922 W: 569-3329 W: 763-706-3704 W: 949-8534 W: 952-939.1382
H: 163-427-9793 H: H: 559-0860 H:
C: 612-791-7220 Pollee: 569-3333 C: P: 612-534-5341
"
Pollee: 569-3333
i
APPLE VALLEY BROOKlYN PARK COON RAPIDS FALCON HEIGHTS INV. GRV. HEIGHTS
Neal Heuer Steve Lawrence Stel'e Gatlin Bill Maertz. Nell Miller
W: 952-953-2400 W: 763-493-8026 W: 761-6532 W: 851.917-1265 W: 450.,2556
H: H: H: 755-2317 H: 651-463-4789 H: 457-6408
C: 612-79D-7165 C: 612-369..5806 C: 651-402-9962
Dean Jacobson Jon ThIel Jim Lewis DavId Trelzven Dave Wengeler
W: 952-953-2400 W: 763-493-8120 W: 767-8579 W: 0651-644-6050 W: 450-2562
H: H: H: 420-6821 H: ' H: 450-1682
C: 612-741.1118 C: 612-369-5804 c:
po: 952-953-2700 P: 612-646-1015
ARDEN HILLS BURNSVILLE CRYSTAL / FRIDLEY L1NO LAKES
Dwayne Slafford Doug Hartman Tom MathIsen Jon Haukaas Tom DeWolfe
W: 651.634-5125 W: 952-895-4555 W: 763-531-1160 W: 763-572-3550 W: 651-464-5570
H: 763-434-6218 H: H: 651-777-7180 H: 763-571-7537 H: 651464.7083
C: 651-485-3122 C: 612.309-8301 C: 612-750-5566 C: 612-747-2593 C: 612-867-8575
Jim Peron Kevin Sutter Mlck Cyert Ken Holmstrom Rlok DeGardner
W: 651-634-5138 W: 895-4552 W: 763-531-1161 W: 763-512-3569 W: 651-982-2444
H: 651.784-6987 H: 431-2408 H: H: 763-574-9389 H: 651-490-5940
C: 651485.3123 C: C: 612-810-9870 c: 512-309-8752
Oneall: 651-485-3121
4/3/03 i
;
.' ,
REGIONAL MUTUAL AID ASSOCIATION .. CONTACTS
UTTLE CANADA NE~ )PE ROGERS SHAl<~pSE WHITE BEAR LAKE
Greg Schroader Guy Johnson JohnSalfert Bruce Loney Gene Smith
W: 6~1-7664049 W: 763-533-4823 x 16 W: 428-2253 W: 952-233-3800 W: 651-429.8566
H: 651-400.0151 H: 163-472-6461 H: 428-2189 H: 952-447-1369 C: 651-485-8566
C: 651-775-0564 C: 763-286-0754 P: 648.9336 C: 612.369-7488
Joe Steele Date Reed Steve Scharber Joel Rutherford AI Flater
W: 651-766-4056 W: 533-4823 x 22' W: 428-4107 W: 952-233-3800 W: 651-429.,8566
H: 651-426-9832 H: 783-422-9258 H; 428-4107 H: 612.S66.1784 H:
C: 651-175-0565 C: 763.286.0764 c: C: 651-485-8568
C: 651,-485-8568
MAHTOMEDI NO. ST. PAUL ROSEMOUNT SHOREVIEW WHITE BEAR TNSH
Jon Hohenstein- Mark Bartholomew Ron Wasmund Dan Curley V' Bill laBore
W: 651-426-3344 W: 651-748-2547 W: 423-4411 W: 651.4904672 W: 651-429-5546
H: H: 651-779-9718 H: H: 651-783-0335 H: 651-429-4725
c: c: 612-328-0557 C: c: 651--775..2581
Kellh Arboleda Kellh Stachowski Mlcheal Wldstrom Pat Dunn Bill Short
W: 651"773-9730 W; 651-748-2551 W: 423-4411 W: 651-490-4671 W: 651-429-5827
H: H: 651-429-8956 H: 423-2140 H: H: 651-552-0736
c: C: 612-32ij..0554 c: C:
PO: 651-484-3366
MAPLE GROVE PRIOR LAKE ROSEVILLE SPRING LAKe PARK WOODBURV~
James Price Greg IIkka Duane Schwartz "erry Randall ~Ian%er ~
W: 763-494-6391 W: 44'7-9831 W: 651-490-2220 W; 763-792-722'7 W: 651-714-3722
H: 763-425-9031 H: 758-5028 H: 651-483-4833 H:763-780-5207 H:~7J5'~ ..Ol~
C: 612-561-5861 C: 651-276-6004 C: 612-481-8010 c: 65'1-i9i3'Oi!e~ .1'17
Rod Keller Doug Hartman Steve ZWElber Barb Nelson Dan Solheld 6/~"dJKO"
W: 763-494-6316 W: 440-9675 W: 651-490-2318 W: 753-792-1211 W: 651-714-3727 0,8'7
H: 753-389-2407 H: 44Q.9675 H: 651-578-7493 H: H: 651-426-4508
C: 763.581-8707 C: 651-276-6003 C: C: 651-485-3136
Frank Gallard
W: 651-490-2311
i I
MINNETONKA RICHFIELD ST. ANTHONY VADNAIS HEIGHTS
Jim Malone Randy Hughes Jay Hartman Richard Terway
W: 952-988-8410 W: 612.861-9115 W: 612.769-8881 W: 651-429-5343
H: 763..593.5579 H: 763-473-7648 H: H: 651-401..7925 .
c: 612-616-3174 C: 612-221-6233 C: 612.240-1716 C: 651.,248-0560
I Pat Kehr Rick Beane Bob Paschke Joe Monsen
W: 952-988.8413 W: 612-861.9173 W: 612-788-7654 W: 651-429-5343
H: 952-938-4779 H: 651-688-7826 H: H: 651-415.1954
C: 612418-4032 C: 612-221.6232 C: 612-240.1711 c: 651-248-0606
Maln: 651-494-6500
MOUNDS VIEW ROBBINSDALE ST. LOUIS Pf-RK WAVZATA I
Tim Pittman ErnIe Eden Harlan Backlund [)AV!d Dudlosky
W: 763-7174053 W: 763-531-1202 W: 952-924-2186 Vj: l)52>404-5361
H: 783.753.5384 H: H: 763.241-0007 H: 952-476-4465
C: 612-201-2559 C: 612-250-2680 c: 612~751-4862 C: 952-404.5361
Rob Skurka Mike RardIn AI Orsen
W: 763.7174051 W: 763.531.1202 W: 952-924-2551 W: 952-404-5309
H: H: H: 952.930-0136 H: 952..443-2010
.
C: C: 612-250-2681 C: 612-708-7278 C: 612.250-9828
4/3/03
,
,
,