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Resolution 84-3132 Joint Agreement For Public Worksa r CITY OF HOPKIINS Hennepin County, Minnesota RESOLUTION NO. 84- 3132 A RESOLUTION AUTHORIZING A JOINT & COOPERATIVE AGREEMENT FOR USE OF PUBLIC WORKS PERSONNEL & EQUIPMENT REGIONAL MUTUAL AID ASSOCIATION WHEREAS, a mutual need exists between the metropolitan suburban communities to share and assist one another in the areas of emergency, disaster control, and mitigation; and WHEREAS, a Regional Mutual Aid Association has been formed and now exists; and WHEREAS, the City of Hopkins desires to become a member of the Regional Mutual Aid Association; and WHEREAS, the City of Hopkins considers it to be in the best interest of the City to enter into a mutual agreement with the other members of the Regional Mutual Aid Association; and WHEREAS, an authorized representative and an alternate representative should be designated to be the requesting and responding officials; NOW, THEREFORE, LET IT BE RESOLVED, that the City of Hopkins enter into agreement with the Regional Mutual Aid Association and hereby authorizes its City Manager to be its representative and Civil Defense Director to be its alternate representative, and further authorizes the Mayor and City Manager to sign said agreement in behalf of the City of Hopkins. Adopted by the City of Hopkins June 5, 1984. SCOTT J. RENNE ROBERT F. MILLER 0 JERRE A. MILLER City Attorney City Clerk Mayor 4) CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 84- 3132 A RESOLUTION AUTHORIZING A JOINT & COOPERATIVE AGREEMENT FOR USE OF PUBLIC WORKS PERSONNEL & EQUIPMENT REGIONAL MUTUAL AID ASSOCIATION WHEREAS, a mutual need exists between the metropolitan suburban communities to share and assist one another in the areas of emergency, disaster control, and mitigation; and WHEREAS, a Regional Mutual Aid Association has been formed and now exists; and WHEREAS, the City of Hopkins desires to become a member of the Regional Mutual Aid Association; and WHEREAS, the City of Hopkins considers it to be in the best interest of the City to enter into a mutual agreement with the other members of the Regional Mutual Aid Association; and WHEREAS, an authorized representative and an alternate representative should be designated to be the requesting and responding officials; NOW, THEREFORE, LET IT BE RESOLVED, that the City of Hopkins enter into agreement with the Regional Mutual Aid Association and hereby authorizes its City Manager to be its representative and Civil Defense Director to be its alternate representative, and further authorizes the Mayor and City Manager to sign said agreement in behalf of the City of Hopkins. SCOTT J. RENNE ROBERT F. MILLER City Clerk Mayor JERRE A. MILLER Adopted by the City of Hopkins June 5, 1984. City Attorney I. PURPOSE JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT DURING EMERGENCIES REGIONAL MUTUAL AID ASSOCIATION 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" meansagover•nmental 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. 8. "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 pai i ies of such change. Subd. 3. Upon joining the Regional Mutual Aid Association, the party shall 1 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 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. INSURANCE Each party to this Agreement shall maintain insurance policies covering per - sonaland 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 June 5, 1984 IN WITNESS WHEREOF, the undersigned, on behalf of their governmental unit, have executed this Agreement pursuant to authorization by the City Council of City of Hopkins on the 5th day of June 1984 REGIONAL MUTUAL CITY OF AID ASSOCIATION By: By: President Mayor By: By: Secretary City Manager Date: Date: • 1 5/1/84 List of Communities Aid Association As per John Flora, Roseville Brooklyn Center Savage Apple Valley Spring Lake Park Robbinsdale Fridley Anoka Maple Grove St. Anthonly White Bear Little Canada Bloomington Minnetonka Burnsville Prior Lake who have Secretary, joined the Metro City of Fridley Regional Mutual - 571 -3450 May 3, 1984 To: William Craig, City Manager From: Gordon Anderson, Civil Defense Director Re: Mutual Aid Agreement - Public Works At the present time, the suburban communities in the area have Mutual Aid Agreements for Fire and Police protection. These agreements spell out in advance questions regarding administration, liability, insurance, injuries, repairs, etc. There are no similar agreements covering mutual assistance in disaster situations covering the Public Works area. The Minnesota Chapter of the American Public Works Association formed a study committee several years ago to investigate the need for Mutual Aid in the Public Works area. As a result of that committees` action and subsequent action by the Minnesota Chapter, APWA, an agreement has been drafted and, to date, 16 communities have joined in Mutual Agreement for the use of personnel and equipment during emergencies. The main goal of this agreement provides the framework by which communities through their public works agencies could band together to assist each other in recovering from the damages caused by natural or man made disasters. The agreement could be a very valuable one for the City of Hopkins and we recommend that the proposed agreement be placed on the Council agenda for their review and approval. We also recommend that the responding and request- ing official be the City Manager and the alternate be the Civil Defense Director,the above by title and not by name. The proposed agreement is attached together with a resolution stating the need for the agreement and authorizing representatives and the mayor and manager to sign the agreement. A list of current participant cities is also attached. First Insurance 011111, Twin Cities First Insurance Twin Cities 100 North 7th Street Minneapolis, Minnesota 55403 612 333 -1411 May 22, 1984 John Schedler City of Hopkins 1010 South First Street Hopkins, MN 55343 Dear John, We have contacted your carrier and confirmed that fact, that there would be full coverage, for all aspects of your insurance, when coming to the support of one of the members of the Mutual Aid Pack. If you have any other questions, please feel free to call. Sincerely, /' Greg Galvin