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HomeMy WebLinkAboutResolution 2013-53 - Establishing Regional Safety GroupCity of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2013 -53 Motion By: Aselson Seconded By: Cossette A RESOLUTION ESTABLISHING REGIONAL SAFETY GROUP November 25, 2013 WHEREAS, the Parties have a duty to create a safe workplace for their employees, officials and volunteers; and WHEREAS, the Parties desire to create a safety group that is innovative and different from a traditional safety and health committee pursuant to Minnesota Rule 5208.700; and WHEREAS, the League of Minnesota Cities Insurance Trust ( LMCIT) has developed the Regional Safety Group Initiative to facilitate safety training for cities /entities; and WHEREAS, the governing bodies of the Parties believe it is in the best interests of the Parties to cooperatively promote safety and health in the workplace by participating in the Regional Safety Group Initiative; and WHEREAS, Minnesota Statutes, Section 471.59, authorizes the Parties by agreement of their governing bodies to jointly or cooperatively exercise any power common to them. NOW, THEREFORE, in consideration of the mutual covenants made herein, the undersigned Parties agree as follows: 1. Purpose. The purpose of this Agreement is to promote workplace safety and health through the sharing of ideas and knowledge among the Parties and by holding regular joint safety and health training, educational programs, and meetings. 2. Name. The Parties hereby establish a safety group to be known as the Crow River Regional Safety Group (the "RSG "). 3. Membership. A. LMCIT Members. All member cities /entities of the RSG are members in LMCIT's workers' compensation program. B. Initial Members. The initial member cities /entities of the RSG shall be the undersigned Parties executing this Agreement upon the approval of their governing bodies. C. New Members. A new member city /entity, that is a member of LMCIT's workers' compensation program, may be added to the RSG upon approval of a majority of the current members, as evidenced by a vote of the group members. Each member city /entity Page 1 of 4 City of Corcoran November 25, 2013 County of Hennepin State of Minnesota RESOLUTION NO. 2013 -53 of the RSG shall be entitled to one vote. The matter need not be presented to the member's governing body. Following the approval by the RSG, membership in the RSG is effective upon approval and execution of the resolution attached hereto as Exhibit I, by a prospective member's governing body and its authorized representatives. D. Termination of Membership. Any member city /entity may terminate its membership in the RSG upon adoption by the member's governing body of a resolution indicating its intent to withdraw not less than 90 days prior to the end of a current term. Terms will be on a yearly calendar basis. Termination takes effect at the end of a current term. A copy of the termination resolution must be sent to the safety coordinator of each member city /entity and to Chris White, LMCIT Loss Control Program Coordinator, or other staff person as designated by LMCIT. Any terminated member shall remain responsible for its share of any costs incurred prior to the effective date of termination. A member city /entity shall also be terminated from the RSG if it is no longer a member of LMCIT's workers' compensation program. 4. Officers and Bylaws. The RSG may, but is not required to, elect officers to govern its actions. The duties and terms of any officers shall be determined by a majority vote of the RSG members. All members agree to act in good faith to further the interests of the RSG and to resolve disputes in an equitable and timely manner. The RSG may adopt bylaws or other rules governing the group that are not inconsistent with this Agreement. The RSG and its officers are not authorized to do any of the following: (a) to receive and expend funds; (b) to enter contracts; (c) to hire employees; (4) to purchase or otherwise acquire and hold real or personal property; or (5) to bring a lawsuit in the name of the RSG. 5. LMCIT Sponsored Training /Meetings. LMCIT offers the RSG safety training /meetings to be conducted by the Minnesota Municipal Utilities Association (MMUA). A. Number of Training /Meeting Sessions. The RSG is entitled to twelve (12) MMUA training sessions per calendar year with a maximum of 1 per month and a minimum of 1 every -other month. Each training session will be at a site to be determined by the RSG. The date of each training session shall coordinate with the designated MMUA representative. B. LMCIT Cost. LMCIT will pay one -half of the cost of each MMUA training session up to the maximum of twelve (12) sessions per calendar year. LMCIT will not reimburse members for travel, meals, or other charges. To be eligible for LMCIT cost - sharing, any MMUA training session not on the pre - approved training list, must be approved in advance by Chris White, LMCIT Loss Control Program Coordinator, or other staff person designated by LMCIT. Page 2 of 4 City of Corcoran November 25, 2013 County of Hennepin State of Minnesota RESOLUTION NO. 2013 -53 C. Member Cost. The remaining cost of each MMUA training session shall be paid in equal proportions by each RSG member to LMCIT.` Each member city /entity agrees to pay its share of training costs after receiving an invoice from LMCIT. No member shall be responsible for the unpaid costs of another member. Each member is responsible for its cost even if it does not have a representative attend the training session. D. Program Changes. RSG members acknowledge that LMCIT may, at any time, change its obligations to RSG members. Any changes made in the RSG program will be communicated to RSG members within thirty (30) days of the change. 6. Education and Training. A. Online Education and Training. LMCIT has established an interactive web -based training program in cooperation with FirstNet Learning. RSG members and their employees, officers, and volunteers are entitled to free access to this online training. B. Other Education and Training. A RSG may hold other training and educational sessions or meetings as determined by the group at the members' expense. Approval from LMCIT is not needed for training or meetings for which no LMCIT subsidy is requested. Safety Committee Meeting. As a part of any training session, the members may discuss any matters that would typically be discussed in a "joint labor- management safety and health committee" meeting under Minnesota Statutes, Section 182.676 and take any action authorized under Minnesota Rules, Chapter 5208. LMCIT requires each RSG to hold a joint Safety Committee Meeting every- other -month at a minimum. 8. General Provisions. A. Modification. No provision of this Agreement may be modified, altered, or rescinded except by a vote of the governing body of a majority of all members. Approved modifications take effect thirty (30) days after the date of approval by the last member approving the modification. B, Effective Date. This Agreement shall be effective after approval by the governing body of the last initial member to approve this Agreement and execution by that member's authorized representatives. C. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. The members may choose some other method to share their remaining cost of the MMUA training, e.g., based on population. If an alternative method is chosen, LMCIT will not invoice the member cities /entities for the remaining cost. The RSG will need to develop an alternate method to collect and remit the members' costs to LMCIT. Section 5(C) of this agreement will need to be amended to reflect the alternate method chosen by the group. Page 3 of 4 City of Corcoran November 25, 2013 County of Hennepin State of Minnesota RESOLUTION NO. 2013 -53 D. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute one and the same instrument. E. Savings Clause. If any court finds any provision of this Agreement to be contrary to law or invalid, the remainder of the Agreement will remain in full force and effect. IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies, caused this Agreement to be approved on the dates below. VOTING AYE ® Guenthner, Ken ® Asleson, Rich ® Cossette, Tom ® Lynch, Diane ® Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Lynch, Diane ❑ Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 14th day of November 2013. A TEST: J nie Heinecke — City Clerk 7� Kenneth Guenthner- Mayor Page 4 of 4 City Seal