2b. Membership to Regional Mutual Aid Assoc CITYOF
412Y CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Don Ashworth, City Manager
FROM Gary G. Warren, City Engineer `: _
DATE: January 7, 1988
' SUBJ: Regional Mutual Aid Association Membership /_/!Z_IS ._..
As you are aware, the City has mutual aid agreements with respec-
tive police and fire services to augment the City' s emergency
response abilities. Over the past several years, the public
works officials throughout the metro area have also recognized
the need and the benefit of having a regional mutual aid asso-
ciation in place in order to help with disaster relief, the most
recent example being our storm occurrences of late July, 1987 .
' As stated in the Joint and Cooperative Agreement attached to this
memo, authority for this association is provided by the Joint
Exercise of Powers Act, Section 471.59 of the Minnesota Statutes .
By becoming a party to this association, the City in no way loses
its control and discretion in supplying support services to other
communities . Instead it provides a legal avenue for responding
to neighboring communities' needs, and them to ours, and having
the details such as expense reimbursement and liability resolved
prior to crossing the border, per se. A side benefit of the mem-
bership is also the preparation of the mutual aid equipment list
' which allows the members of the association to share equipment
inventories and to very quickly identify communities who might
have equipment that the City otherwise would not have available
' on a timely basis.
It is recommended that the City Council adopt the attached reso-
lution authorizing the Joint and Cooperative Agreement for use of
personnel and equipment of the Regional Mutual Aid Association
and that the Director of Public Works be designated as the
authorized representative for the City.
Attachments : 1 . Joint and Cooperative Agreement
' 2 . Constitution and By-Laws
3 . Mutual Aid Equipment List
4 . Resolution
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JOINT AND COOPERATIVE AGREEMENT FOR USE OF
PERSONNEL AND EQUIPMENT DURING EMERGENCIES
REGIONAL MUTUAL AID ASSOCIATION
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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" meansa 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. 5. "Assistance" includes personnel, materials and equipment. 1
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. 8. "Emergency" means a sudden and unforeseen situation requiring immediate
action beyond the requesting partys ' capability. 1
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.
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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
!J 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 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. I
Subd. 10. Technical 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.
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I 'VII. EFFECTIVE DATE 1
1 This Agreement shall become effective on
WITNESS WHEREOF, the undersigned, on behalf of their governmental unit,
have executed this Agreement pursuant to authorization by the
1 of
198 on the day of
REGIONAL MUTUAL CITY OF
AID ASSOCIATION
1
By: By:
1 President Mayor
By: Date:
1 Secretary
Date:
1
COUNTY OF RECOMMENDED BY:
1 ATTT'ST: By:
City Manager/Clerk
1 By: By:
Chairman of County Board Director of Public Works/City Eng.
Date:
1
REOOMMENDED BY: APPROVED AS TO EXECUTION
1 By: By:
County Engineer County/City Attorney
Date: Date:
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CONSTITUTION AND BY-LAWS
OF THE 1
REGIONAL MJTUAL AID ASSOCIATION
ARTICLE I
Name and Purpose
Sec. I This organization shall be known as The Regional Mutual Aid 1
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, .
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ARTICLE III
Dues
' Sec. I Each department shall pay an annual membership fee of $10.00 per
year, which shall be due and payable on January 31 of each year.
' ARTICLE IV
Officers
Sec. I The officers of the association shall be President, Vice President
and a Secretary-Treasurer, and shall constitute the executive committee.
Sec. II The President shall have the following duties: To call all
regular and special meetings; to preside and preserve order at all
meetings; to appoint catm,ittees; to see that subordinate officers execute
the obligations and duties of their respective offices to the best of their
ability.
Sec. III The Vice President shall have the following duties: To assist the
President in the discharge of his regular duties, and in the event of the
' absence of the President, to assume the duties of President.
Sec. IV The Secretary-Treasurer shall have the following duties: To call
roll; to keep a record of all proceedings of the association; to collect
all dues and other monies due the association; to pay out said monies on
the order of the association; and to send notices of all regular and
special meetings of the association. The Secretary shall make an itemized
report of all income and expenses to be presented at the first regular
meeting of each year. In addition, the Secretary shall maintain a current
list of all members in the association and shall maintain an up-to-date
' list of members' equipment which shall be distributed to members on an
annual basis.
' ARTICLE V
Meetings
Sec. I The regular meeting of the association shall be held in November
' of each year. The time and location will be determined by the executive
committee.
Sec. II Special meetings shall be called by the President with at least
' seven days written notice to the membership.
Sec. III A simple majority of the membership shall constitute a quorum.
Sec. IV The Roberts Rules of Order shall govern.
Sec. V Each member shall have one vote.
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ARTICLE VI I
Elections
regular
Sec. I The election of officers shall be held at th e meeting of
each year. This election shall be by secret ballot.
Sec. II The officers 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 aoermittee shall have the authority to request assistance from I
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 Caranittee to keep all members
advised of new safety practices and equipment.
ARTICLE VIII I
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.
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MUTUAL AID EQUIPMENT LIST
City
II Contact Person Work Phone Home Phone
Contact Person Work Phone Home Phone
II1 EQUIPMENT NUMBERS EQUIPMENT
1 N Uf"B E RS
Dump Trucks Chain Saw 1
I5 Yard and Greater Sanders
Less than 5 Yards Arc/Gas Welder (portable)
Pick Up Trucks ;
1 Tow Truck Brush Chipper
Boom & Clam Loader Truck Tree Spade
II aft & over diameter
Enclosed Chip Truck Under 3 ft diameter
Street Flusher/Tanker Truck - Tractors - Park
IMotor Grader Sprayer
Sackhoe/Tractor Sickle Mower
15 ft and greater Power Rake
I Less than 15 ft
Cement Mixer
Front End Loader Swee ster/Swee er
II 2.5 Cu Yd and greater p p
Less than 2.5 Cu Yd Snowblower (hand)
Crawler Tractor Chip Spreader
II 50 H.P. and greater
Less than 50 H.P. Manhole Sewer Pump
Rollers (Steel & Rubber) Hydraulic/Vacuum
II 6 Ton or greater Bucketing Machine ___
Less than 6 Ton - Sewer Jetter Machine
Street Sweeper Rodding Machine
I Pick-up type
Vacuum type Portable Generator
Boom Truck (Aerial ) Pumps
I 50 ft and over 3" grid greater
Less than 50 ft Under 3"
II Oil Distributor (Tar Kettles) Muni Sewer Balls 8/10/12"
Chip Spreader - Self Propelled Vac-All (Sewer)
Blacktop Paver - Self Propelled Sewer TV Equip
ITailgate Paver Cable Locator
Bombardier Gas Locator
1 Bobcat Portable Light Plant
MT Trackless or similar Snowblower Auger/Drill
ITrailer Tapping Machine
Vibro Packer/Wacker/Tamper Gate Valve Operator
II Air Compressor •
Directional Arrow Board
Strife Painter Rapid Ram
Stotchlite Vacuum Applicator _Dewatering Equipment
' Stump Remover (
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: RESOLUTION NO:
MOTION BY: SECONDED BY: '
A RESOLUTION AUTHORIZING JOINT AND COOPERATIVE AGREEMENT '
FOR USE OF PERSONNEL AND EQUIPMENT -
REGIONAL MUTUAL AID ASSOCIATION
BE IT RESOLVED by the City of Chanhassen, as follows :
WHEREAS, the City of Chanhassen desires to become a member of
the Regional Mutual Aid Association and its Director of Public
Works is its authorized representative, and; Street
Superintendent 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 Chanhassen 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 Chanhassen
enter into agreement with the Regional Mutual Aid Association and
hereby authorizes its Director of Public Works to represent the
City of Chanhassen in this association and is authorized to sign
said agreement in behalf of said City of Chanhassen.
Passed and adopted by the Chanhassen City Council this '
day of , 1988 .
ATTEST:
Don Ashworth, City Manager Thomas L. Hamilton, Mayor ,
YES NO ABSENT
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