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1d. Withdrawl from Regional Mutual Aid Assn CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952,227,1100 Fax: 952,227.1110 Building Inspections Phone: 952.227.1180 Fax: 952,227,1190 Engineering Phone: 952,227.1160 Fax: 952,227,1170 Finance Phone: 952,227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952,227.1120 Fax: 952,227,1110 Recreation Center 2310 Coulter Boulevard Phone: 952,227.1400 Fax: 952,227,1404 Planning & Natural Resources Phone: 952,227,1130 Fax: 952,227,1110 Public Works 1591 Park Road Phone: 952,227,1300 Fax: 952.227,1310 Senior Center Phone: 952.227,1125 Fax: 952,227,1110 Web Site www.ci.chanhassen.mn.us icL MEMORANDUM TO: Todd Gerhardt, City Manager -<1 (j. Paul Oehme, Director of Public Works/City Engineer '\ ( FROM: DATE: SUBJ: December 14, 2009 O~ Approve a Resolution for Withdrawal and Termination from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies PROPOSED MOTION "The City Council approves a Resolution for Withdrawal and Termination from the Joint and Cooperative Agreement with the Regional Mutual Aid Association for the Use of Personnel and Equipment during Emergencies." City Council approval requires a simple/super majority vote of the City Council present. BACKGROUND In 1984, the City of Chanhassen 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 and the League of Minnesota Cities Insurance Trust (LMCIT) is recommending that we terminate this Joint Powers Agreement. State Statue 12.331 covers use of personnel and equipment during emergencies. The attached resolution officially withdraws the City of Chanhassen from this Joint Powers Agreement. The City can still provide mutual aid to other cities, it just no longer needs to be in the form of a Joint Powers Agreement. The City Attorney has reviewed this issue and finds it acceptable. Attachments: 1. Resolution 2. Old Joint and Cooperative Agreement 3. State Statue 12.331 g:\eng\paul\memos\121409 termination of mutual aid agmt.docx Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: December 14. 2009 RESOLUTION NO: 2009- MOTION BY: SECONDED BY: A RESOLUTION FOR 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 ofChanhassen desires to withdraw and terminate from the Joint and Cooperative Agreement for the use of Personnel and Equipment during Emergency Regional Mutual Aid Association approved in 1989; and WHEREAS, Article VI of the Agreement allows any party to withdraw at anytime 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 Chanhassen City Council: 1. That the City of Chanhassen shall withdraw from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies Regional Mutual Aid Association. 2. That the City Manager 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. Passed and adopted by the Chanhassen City Council this 14th day of December, 2009. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT '~r~~""~U+';"''''''''''IC>.'''''', . -- . ( 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 Exercis~ of Powers Act, Sec. 47l.S9, Minne$ota Statutes, to enter into an agreement to jointly and cooperatively cXer~ise a power common to each oj the COn- tracting powers, the result -being tQ establish a regional Mutual Aid Association representative of the various cODUllunities with authority and responsibilities relat- ing to ut.ilization of l'es~urces to counteract nat~ral and man made disasters cODDllon to all cOinmunities, together with power and authority to i.mplemenf such services as set forth. II. DEFINITION OF TERMS FOT the purposes of this Agreement, the terms defined in this section shall have the meanings given them. Subd. 1. "Par~y" means a governmental unit which is a party to this Agreement. . c Subd. 2. "Eligible p~rty.t meanS agov61'nmental or corpo-x:ation unit which "is entitle9 to become a party to this Agreeme~t, at its o~~ option. Subd. 3. "Requesting party" means apart)' which request,s assi.stance ,f~om other pa.rtie~ . Subd. 4. "Responding party" means a party which provides assistance to a re- questing party. - Subd. S. I "Assistance" includes personnel, materials and; equi.pmen~. Subd. 6. "Requesting official II means the person who has been d~signated by the requesting party to request assistance from other parties. Subd. 7. lIResponding officialll means the person ",'ho has been designated by a party to determine whether 'and to what extent that party should provide assistance to a requesting party. Subd. 8. lIEmergency" means .s sudden and unforeseen situation requiring immediate action beyond the requesting pareys' capability. I II. PARTIES Subd. 1. The parties ~o 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 !'xecutedcapy of this Agreement sh~l1 be _ forwarded by the member party to- gether with a certif~ed copy of the resalution 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, wh~never there is a change in, the parties to this A&reement, he shall notify the designated responding official of each of the parties of such sh(lnl!e. ~aA fMAiK.:..!"U':;LW~.J'f"1''t W . .___"'f__....~. Subd. 3. Upon joining the Regional Mutual Aid Association, the party shall ( submit 11 list of their equipin!,nt to the AssoCiation Secretary. This equipment list shall be updat:ed 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 Ail3 Association the hame of the person of that party who shall be its requesting official and responding official. .A party may 'designate alternate officials to llct in the absence of the primary official. Subd. 2. Whenever, in the opinion of a requesting official of a patty, there is a need for as~istance from other parties to assist the reques~ing party, sueh re- questing official may, in his discretion, call upon the responding official of any other party to furnish assistance to and within the bounda.~~s of tbe requesting pa~ty.. It is the intention of the parxies to this contract to cooper~te in the event of an emergency.by m~king avai1ab~eto a requesting party necessary.~r requested personnel, materials, and equipment (without undue delay.) Subd. 3. Upon the r~ceipt of a reques.t for assistanc,:, f.rom a party, the respond- C.-. ing official for any other party may authorize and direct the personnel of the res- ponding party to provide a,ssistance to the requesting party. Wheth.er the responding party shall provide such ass~stance tO,the requesting party and, if sq, to what ex- tent such assistance shall b~ provided shall be determined SOlely by the responding official (subject to such supervision and direction as llI4ybe applicable to him within the governmental structure of the party by which:h:e.; is employed.) Pailure t.o provide assistance will not result in liability to Ii parW.. ' Subd. 4. \:'Ihen a responding party prov~des assistance under the terms of this Agreement, it may in turn request asshtailce from other parties as "backup" during the time that it is' providing assistance outside its boundaries. Subd. 5. ~enever a responding party has provided assistance to a requesting party, the respondi~g of~icial may at any time recall such assistance or any part thereof to the ;responding pal"ty. if the responding official in his best judgment deems this is in the best interest of his own agency.. I Subd. 6. When a responding party supplies equipment arid 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 Workerts,Compensution of the re,sponding party; and sh<l1lotherwise 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 servie., ing of respondents equi.pment, materia~s, and assume all costs thereof during the C'. assistance per~oQ. -2~ ~;'l"""( Subd. 7. A responding party shall be responsible for its own personnel, equipment ~nd mat.erials and fo,! injuries or death to any personnel or damage to any su~h equipment or materi~, except that unused equipment and ~terials prow 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 ~mergency. operation. If mutu~ny agreed that repairs 8:t:e required, th~y shall be, the responsibility of the requesting party. Any db., agreement which cannot be resolved by. the responding and requesting parties should be resolved by a committee establishe~ from.the Regional Mutual Aid Associat~on. . Subd. 8. The responding party shall maintain such records- of the cost of labor, eGuipment and mat~riais ptovided; and hours of W01K or operation as deemed necessary for recQvery of costs in th~ ~Vent the incident becomes elixible for Federal or St!lte Qisaster Assistanc~. If deplared eligi.ble, these costs shall Ulen be reimbursed by the requesting party in full or in a 'prorate share of assistance provided. . Subd. 9. Th~. requesti.ng party shall not be responsible for any injuries, losses or damages to persons or property ~ising out of the acts of any:of toe personn~l of a respondi~g pa:rty. Norsha 11 t/)eres'ponding party be responsible for injuries, ~osses or damages arising out of theac:ts of any of the personnel' of the requesting party or the personnel of any' other responding party. ( SOOd. 10. Technical service and assistance of non"cnlergency n,ature may be requested and/or provided by the parties to this Agreement. . v . INSURA.~CE Each party to this Agreemept s~all maintain insurance policies covering per~ sonal and public liabiHty in the amount of not 1 ess than $300,000 for each of the above mentioned risks and Worker's Compensation for its personnel. Said pOlicies shall COVer da,mage or injury caused by negligent operation of its vehicles while operating under the terms of this Agreement outside of its co~orat~ 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 withdr~w 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.'-"ePFECl'-I:VEr-MTG.. 'IW.~, AgreEment sh~l become effective on --SentAmbAt 13, 1~89 IN ( WI'lmSS' WijERroF, theU1'Klersi<3J1ed, on behalf of their governm~ntal unit, . have executed thiS Agreement pursuant to author iza ticn by the City' . ___ Qf WMdbury .on the 13th day of I ~eptember. . " 198-9.... . RmlcW.L W'lU~ .IUD ASSOCIATlON CITY OF Woodbury By: Secretaty &j,4b~~~ Mayor. Date: ~: President Date: . ID:JNTy OF. NrrESr: ( Date: ~BY; By:. County Engi.neer Date: By: N !:ate: i I I I J '1 -4- C'" "I ( 12.331,2009 Minnesota Statutes Page 1 of 1 2009 Minnesota Statutes 12.331 LOCAL ASSISTANCE BETWEEN POLITICAL SUBDIVISIONS. Subdivision 1. Authority between political subdivisions. When the public interest requires it because of an emergency, a political subdivision may request the assistance of another political subdivision. Upon receiving such a request, a political subdivision, called the "sending political subdivision," may go to the assistance of the requesting political subdivision, called the "receiving political subdivision." The receiving political subdivision may accept and use the personnel, equipment, and supplies of the sending political subdivision as agreed upon by both political subdivisions. Subd.2. Responsibility for use of personnel, equipment, supplies. (a) Unless there is a written agreement between the political subdivisions establishing the rules for conducting these activities, the provisions of paragraphs (b) to (e) shall apply while the political subdivisions are engaged in the activities described in subdivision 1. (b) For the purposes of worker's compensation insurance, the employees, officers, and members of the sending political subdivision have the same powers, duties, rights, privileges, and immunities as if they were performing similar services in the sending political subdivision and are considered to be acting within the scope of and in the course of their regular employment, as employees of the sending political subdivision. (c) For the purposes of chapter 466, the employees and officers of the sending political subdivision are deemed to be employees, as defined in section 466.01, subdivision 6, of the receiving political subdivision. (d) The sending political subdivision shall be responsible for any damages to its equipment. (e) The receiving political subdivision shall reimburse the sending political subdivision for the supplies used and the compensation paid to the officers and members of the forces furnished, during the time when the rendition of aid prevents them from performing their duties in the sending political subdivision, and for the actual travel and maintenance expenses of the officers and members while so engaged. A claim for loss, damage, or expense in using equipment or supplies or for additional expenses incurred in operating or maintaining them must not be allowed unless within 90 days after the loss, damage, or expense is sustained or incurred, an itemized notice of it, verified by an officer or employee of the municipality having knowledge of the facts, is filed with the clerk of the receiving political subdivision. Subd. 3. Retroactive effect. Notwithstanding other laws this section is effective retroactive to March 29, 1998. History: 1998 c 383 s 19 https :llwww.revisor.mn. gov 1 statutesl?id= 12.331 12/2/2009