Res 2014-93
CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
RESOLUTION NO. 2014 - 93
RESOLUTION APPROVING THE
ANOKA COUNTY FIRE PROTECTION COUNCIL
JOINT POWERS AGREEMENT
WHEREAS, the City of Fridley (“City”) deems it advisable to address its current and long-term
needs for fire-fighting and emergency equipment, fire records data systems, fire-fighter and EMS
training, fire prevention, fire inspection, fire-related public education, and other fire- and
emergency-related essentials with other nearby municipalities, in a cooperative way; and
WHEREAS, the City has previously participated in mutual aid agreements that successfully
encouraged cooperation among their members, but failed to provide sufficient legal authority for
the members to efficiently and effectively meet future public needs; and
WHEREAS, the Cities of Fridley, Andover, Anoka, Bethel, Blaine, Centerville, Champlin,
Circle Pines, Columbia Heights, Coon Rapids, East Bethel, Ham Lake, Hilltop, Lexington, Lino
Lakes, Mounds View, Nowthen, Oak Grove, Ramsey, St. Francis, and Spring Lake Park, and the
Township of Linwood, State of Minnesota (hereinafter the “Members”) have proposed joining
together to improve the efficiency and effectiveness of fire and emergency services to the public
areas served by the Members; and
WHEREAS, the City has concluded that the creation of a joint powers entity with other
Members will be mutually beneficial and will help the City and other Members provide current
and long-term fire and emergency services in an efficient and effective way, improve interaction
with the Anoka County Joint Law Enforcement Council and other private and public entities, and
provide sufficient legal authority to accomplish these goals cooperatively; and
WHEREAS, Minnesota Statutes, Section 471.59, authorizes governmental units to enter into
joint powers agreements;
WHEREAS, the City, having given due consideration to informal alternatives, agrees that
entering into a joint powers agreement to share fire and emergency resources is in the public
interest and therefore wishes to enter into the attached joint agreement with other Members to
create the Anoka County Fire Protection Council.
Resolution No. 2014-93 Page 2
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that:
1. The City hereby approves and enters into the attached Anoka County Fire Protection Council
Joint Powers Agreement;
2. That the Mayor and City Manager are hereby authorized execute the Anoka County Fire
Protection Council Joint Powers Agreement on behalf of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEYTHIS
8th DAY OF DECEMBER,
2014.
________________________________
SCOTT LUND - MAYOR
ATTEST:
_________________________________
DEBRA A. SKOGEN - CITY CLERK
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Attachment1
ANOKA COUNTYFIRE PROTECTION COUNCIL
JOINT POWERS AGREEMENT
THIS AGREEMENT is made and entered into this___day of ________, 2014, by and
between the following governmental entities: the Cities of Anoka, Champlin, Andover, Bethel,
Centerville, Lino Lakes, Circle Pines, Coon Rapids, Columbia Heights, East Bethel, Fridley, Ham
Lake, Hilltop, Lexington, Nowthen, Oak Grove, Ramsey, St. Francis, Spring Lake Park, Blaine,
Mounds View, andthe Township of Linwood;(hereinafter ”Members”).
WHEREAS
, the Membershave determined that it is mutually beneficial for themto join
together to improve the efficiency and effectiveness of fire and emergency services to the public
within the geographic service area of the Members. Specifically, Anoka County Fire Protection
Council (hereinafter “ACFPC”)will cooperatively address the Members’long term needs for
fire-fighting and emergency equipment, fire records data systems, fire-fighter and EMStraining,
fire prevention, fire inspection, fire-related public education, and other fire-and emergency-
related essentials; and
WHEREAS
, the Membershave previously participated in mutual aid agreements that
were successful in encouraging cooperation among the group,but said mutual aid agreements
didnot provide sufficient legal authority for the group to meet upcoming needs and desires; and
WHEREAS
, the creation of a joint powers agreement will meet the legal needs for the
Membersto accomplish the goals as set forth herein, including interaction with the Anoka County
Joint Law Enforcement Counciland other private and public entities; and
WHEREAS
, each of the Membershave considered the alternatives,and agree that creation of
thisAgreement is in the Member’sbest interest; and
WHEREAS
, the Membersenter into this Agreement pursuant to the authority set forth in
Minn. Stat. § 471.59;
NOW THEREFORE
, in consideration of the mutual promises and benefits that each
Member shall derive from this Agreement, and other good and valuable consideration, the
Members agree as follows:
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ARTICLE I
Definitions
In the interpretation of this Agreementand the Bylaws, the following definitions shall have the
meanings given to them.
(1)“Aggregate Index” or “AI” means
a.The total number of Calls for Service experienced by all Members in the
preceding five (5) calendar years, divided by five (5), plus
b.Assessed Market Value for all Members, divided by 1,000,000, plus
c.Population for all Members, divided by 100.
(2)“Agreement” shall mean this Joint Powers Agreement between and among the Members
as defined herein.
(3)“Anoka County Fire Protection Council” or “ACFPC” is the name of the cooperative
joint powers entity created by this Agreement.
(4)“Assessed Market Value” or “AMV” meansthe statistic establishedand maintained by
the County Assessor for all of the real property in a given municipality.
(5)“Call for Service” means the dispatching of any fire department or emergency personnel
in response to an incident.
(6)“Director” meansan individual who is also a member of the ACFPC Joint Powers Board
(i.e., a Fire Chief or an Elected Official) who, with the other ACFPC Directors acting
through the process of voting, has the responsibility for determining and implementing
the business and affairs of ACFPC.
(7)“Joint Powers Board” meansthe collective groupof Directors that is legally responsible
for governing the cooperative joint powers entity created by this Agreement. ACFPC’s
Joint Powers Board is composed of(2) joint decision-making bodies: A.) Fire Chief
Directors, who are responsible for the day-to-day operations and programmatic decisions
of ACFPC that do not constitute “Major Financial Decisions;” and B.) Elected Official
Directors, who are responsible for “Major Financial Decisions” of ACFPC. Together, the
Joint Powers Board shall jointly exercise thepowers and duties as stated in this
Agreement as they deem is in the best interests of ACFPC.
(8)“Major Financial Decisions” means an expendituretotaling fifty thousand dollars
($50,000) or more, and shall require prior approval by the elected officials’decision-
making body.
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(9)“Member(s)” shall mean the followinggovernment entities:
City of Andover
City of Anoka
City of Bethel
City of Blaine
City of Centerville
City of Champlin
City of Circle Pines
City of Columbia Heights
City of Coon Rapids
City of East Bethel
City of Fridley
City of Ham Lake
City of Hilltop
City of Lexington
City of Lino Lakes
City of Mounds View
City of Nowthen
City of Oak Grove
City of Ramsey
City of Spring Lake Park
City of St. Francis
Township of Linwood
(10)“Member Index”or “MI” means
a.The total number of Calls for Service experienced by theMember in the
preceding five (5) calendar years, divided by five (5), plus
b.Assessed Market Value for theMember, divided by 1,000,000, plus
c.Population for the Member, divided by 100.
(11)“Officer” meansan individual who is also an ACFPCDirector and a fire service
professional, whois further entrusted with specific responsibilities and authority within
ACFPC to perform the duties and functions of Chairman, Vice Chairman, Treasurer,
and/or Secretary as set forth in the Bylaws.
(12)“Population” means the most recent population estimate for a given municipality as
developed by the Twin Cities Area Metropolitan Council.
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ARTICLE II
Purpose
The purpose of this Joint Powers Entity is tojoin together to improve the efficiency and
effectiveness of fire and emergency services to the public within the geographic service area of
the Members.Specifically, ACFPCwill cooperatively address the Members’long term needs
for fire-fighting and emergency equipment, fire records data systems, fire-fighter and EMS
training, fire prevention, fire inspection,fire-related public education, and other fire-and
emergency-related essentials.
ARTICLE III
Effective Date & Term
The effective date of this Agreement shall be_______________, 2014, notwithstanding the dates
of the signatures of the parties, and shall continue in full force and effect unless and until the
Members agree to its termination,as set forth herein.
ARTICLE IV
Powers& Duties
The Joint Powers Entity created by this Agreement shall have all the powers and duties assigned
by law, including the following:
(1)Powers:
a.The Members hereby delegate to ACFPC all authority necessary and reasonable
to accomplish the purposes of this Agreement,including, but not limited to, the
ability to obtain grant monies, finance, develop, design, construct, equip, own,
staff,and operate any Member-approved programs in accordance with the terms
of this Agreement.
b.ACFPCmay take and hold, by bequest,devise, gift, grant, purchase, lease or
otherwise, any property, real, personal or mixed or any undivided interest therein,
withoutlimitation to amount or value; to convey, sell, or otherwise dispose of
such property; and to invest, reinvest, and deal with the same in such a manner as
in the judgment of the Members, will best promote the purposes of ACFPC.
c.ACFPCmay employ such staff as is necessary to carry out the purpose of this
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Agreement, subject to the financial limitations imposed by law and this
agreement.
d.ACFPCmay contract with individuals and/or other legal entities (corporations,
LLCs, partnerships, etc.) to best promote the purposes of the Agreement.
e.ACFPC may issue bonds or obligations, and may use the proceeds of the bonds or
obligations to carry out the purposes of thisAgreement.
f.In addition to the powers specified above, ACFPCshall have all powers that may
be necessary to enable it to perform and carry out its duties and responsibilities
under this Agreement.
(2)Service to the community shall be unrestricted based on considerations of disability,
national origin, race, color, creed, gender, age, religion, marital status, sexual orientation,
and status with regard to public assistance.
(3)Duties:
a.ACFPCshall operate in accordance with Minnesota open meetings laws and
government data practices pursuant toMinn. Stat. Chapters 13 and 13D.
b.ACFPCshall operate in accordance with Minnesota joint powers board laws
pursuant to Minn. Stat. § 471.59.
c.ACFPCshall operate in accordance with all other relevant laws, rules, and
internal documents, including its Bylaws. In the event ACFPC’s Bylaws conflict
with this Agreement, this Agreement shall control.
ARTICLE V
Composition&Operations
5.1Composition.
The ACFPC Joint Powers Board shall have the following compositionof two
(2) joint decision-making bodies:
(1)Fire ChiefDirectors–Forday-to-day operations and programmatic decisions of ACFPC
that do not constitute“Major Financial Decisions”:
a.Each City/Township Member shall be represented byits Fire Chief, or the Fire
Chief’s designee in the FireChief’s absence.
b.One (1) vote per fire department shall be countedwhen voting.Moreover, votes
shall be weighted pursuant to the cost-share model, and seventy-five percent
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(75%)of the cumulative weight of all the Membersis required forpassage of all
items.
c.The Fire Chiefs shall meet at least quarterlyto assure proper governanceand
adequate programming.
(2)ElectedOfficialDirectors–For“Major Financial Decisions” of ACFPC:
a.Each City/Township Member shall be represented byone (1) of its elected
officials, orthe official’s alternate in the official’s absence.
b.One (1) vote per City/Township Member shall be countedwhen voting.
Moreover, votes shall be weighted pursuant to the cost-share model, and seventy-
five percent (75%) of the cumulative weight of all the Membersis required for
passage of all items.
c.The elected officials shall meet at least annually, to approve the ACFPCbudget
and ensure proper fiscal accountability. Additional periodic meetings may be
necessary as required.
5.2Operations.
ACFPC shallhave operating and governance procedures as set forth in its
Bylaws.
ARTICLE VI
Member ExpenseAllocations& Fees
6.1Calculation.
A Member’s percentage share of the annual expenses of the ACFPC will
be equal to the Member Index divided by the Aggregate Index.
6.2Cost-share Model.
For the calendar year beginning in the year 2015, the Member
percentages shall be based on data from calendar year 2013, as displayed on the cost-share model
attached as ExhibitB.Exhibit Bwill also serve as an example of the computation methodology.
The data for subsequent calendar years shall be assembled by the ACFPC’s Executive
Committee for use in annually updating Member expense allocations.
6.3Annual Fee.
Each Member shall pay an annual fee as well as pay its percentage share
of ACFPC’s annual expenses. The Joint Powers Board shall determine the annual fee and all
other fees and/or assessments owed by Members, and these fees may be changed from time to
time. The Joint Powers Board shall publish the annual fees on a regular basis to all Members
and prospective Members. “Good standing” and continued voting privileges are contingent upon
being current on payment of fees and/or assessments. Failure to pay a fee or assessment shall
subject Members to loss of voting rights and/or termination unless special arrangements are made with
ACFPC.
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ARTICLE VII
Withdrawal and Termination
7.1Withdrawal.
A Member may withdraw from ACFPCeffective January 1 of any year,subsequent to the
Effective Date, by providing a minimum of one (1) year’s written notice to theChair of ACFPC.
In the event of withdrawal byany Member, this Agreement shall remain in full force and effect
as to all remaining Membersand the cost-share model attached as Exhibit Bshall be amended.
7.2Terminationof the Agreement.
This Agreement shall terminate upon the occurrence of any one of the following events:
(1)When any Memberwithdrawspursuant to this Article, so that in the judgment of
the remaining Members,as evidenced by avote of both the Fire Chief Directors
and the Elected Official Directors, it becomes impractical or impossibleto
continue.
(2)When necessitated by operation of law,or as a result of a decision by a court of
competent jurisdiction;
(3)When the Membersagree, by resolutionof both the Fire Chief Directors and the
Elected Official Directors, to terminate the Agreement;
7.3Expulsion of aMember.
If a Member fails to perform any material obligation as required by this Agreement,the
Bylaws, or applicable law, then ACFPCmay, uponsixty(60)days’written noticeand continued
nonperformance,expelsuch non-performing Member.
7.4Effect of Terminationor Withdrawal.
Termination, withdrawal, or expulsionshall not discharge any liability incurred by any of the
Membersprior to the date of termination, withdrawal, or expulsion. Termination, withdrawal, or
expulsion of a Member shall not act to discharge any liability incurred or chargeable to said
Member prior to the date of said Member’s termination, withdrawal, or expulsion.Liability shall
continue until appropriately discharged by law or mutual agreement. If a Member withdraws or
is expelled,itscontributions of real property, personal property, and/orliquid assets shall be
forfeitedtoACFPC for its continued use.
7.5Distribution of Assets upon Termination.
Upon termination of thisAgreement, any and all real and personal assetsshall be sold, and, after
payment of all liabilities, surplus monies returned to the Members in proportion to their
contributions, to be used for public purposes.
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ARTICLE VIII
Amendment
This Agreement may be amended when the Members agree, by resolutionof both the Fire Chief
Directors and the Elected Official Directors.Notice of any proposed amendment shall be
provided to all participating Members at least thirty (30) days prior to the effective date of the
proposed amendment.
ARTICLE IX
Liability and Insurance
9.1Insurance.
ACFPC is a separate and distinct public entity.As such, ACFPC shall purchase and maintain
adequate insurance toprotect the entityand its participant Membersagainst risk of loss for the
following, which includes, but is not limited to:
(1)Damage to any ACFPC property, personal and/or real, as well as any improvements
located thereonagainst claims that may arise during the construction, operation, use,or
maintenance of any ACFPC property;
(2)Against claims which may arise from the regular activities of ACFPC as contemplated by
the purposes of this Agreement;
(3)Against unemploymentand workers compensation, if ACFPC hires employees;
(4)Against claims which may arise based on the good-faith actions of the Joint Powers
Board and its Officers;
(5)Against any other risk of loss that, in the judgment of the Members,will best promote the
purposes of ACFPC.
9.2Liability.
Each Member shall be responsible for its own acts and those of its elected officials, employees, agents,
independent contractorsand the results thereof, and shall not be responsible for the acts of any other
Member, its elected officials, employees, agents, or independent contractorsand the results thereof,
except as otherwise provided in this Agreement. Claims, liabilities, obligations, losses, expenses
(including insurance premiums as well as reasonable attorney and other professional fees), judgments
and costs paid or incurred by ACFPC(which arise out of its performance or failure to perform its duties
under this Agreement),to the extent not covered by insurance proceeds or a self-insurance risk pool,
shall be included in the annual operating budget for the next calendar year. Amounts included in the
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annual operating budget under this section shall be pro-rated so that the total costs passed through to
the Membersdo not exceed ten percent (10%)of the annual operating budget.
9.3Indemnification.
ACFPC shall defend and indemnify itsown officers, employees, and volunteers from and against
all claims,damages, losses, and expenses, including attorney fees, arising out of their good-faith
actions carrying out the terms of this Agreement. Moreover, ACFPC shall defend and indemnify
its participating Members and their officers, employees, and volunteers from and against all
claims,damages, losses, and expenses, including attorney fees, arising out of their good-faith
actions carrying out the terms of this Agreement.
All requests for indemnification by ACFPC shall be presented to the Joint Powers Board, and the
Members shall determine whether the request should be granted or denied based on all of the
relevant facts and circumstances as well as what best will promote the purposes of ACFPC.
Nothing contained herein shall be construed to provide insurance coverage or indemnification to
an officer, employee, or volunteer of any Memberfor any act or omission for which the officer,
employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith.
Nothing contained herein shall be deemed a waiver by any Member of any governmental immunity
defenses, statutory or otherwise. Further, any and all claims brought against any Member shall be
subject the maximum liability limits provided in Minnesota Statutes, Section 466.04.
To the fullest extent permitted by law, action by the Membersto this Agreement are intended to
be and shall be construed as a “cooperative activity” and it is the intent of the Members that they
shall be deemed a “single governmental unit” for purposes of liability as set forth in Minnesota
Statutes,Section 471.59, Subd. 1a(a), provided further that for purposes of that statute, each
party to this Agreement expressly declines responsibility for the acts or omissions of another
party. Membersare not liable for the acts or omissions of another Member except to the extent
that they have agreed in writing to be responsible for the acts or omissions of the other Members.
Any excess or uninsured liability shall be borne equally by all Members, but this does not
include the liability of any individual officer, employee, or volunteer, which arises from his or
her own malfeasance, willful neglect of duty,or bad faith.
ARTICLE X
Property
Alist of equipmentand/or personal propertyas set forth in Exhibit Cis currently owned by
ACFPC. Any equipmentand/or personal propertycontributed by a Member after the Effective
Date shall be set forth in a separate writing and shall be attached hereto as Exhibit D.
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Upon termination of this Agreement, ACFPC shall follow the distribution provision in Article
6.5 of this Agreement.
ARTICLE XI
General Provisions
11.1Entire Agreement.
This Agreement contains the entire agreement of the Members and shall supersede all oral and
written agreements as well asnegotiations by the Membersrelating to the subject matter of this
Agreement.
11.2Severability.
The provisions of this Agreementare severable. If any paragraph, section, subdivision, sentence,
clause, or phrase of thisAgreement is for any reason held to be contrary to law, or contrary to
any rule or regulation having the force and effect of law, such provision shall be void and shall
not affect the remaining portions of this Agreement.
11.3Notice.
All notices andcommunications required pursuant to this Agreement shall be either hand
delivered or mailed by U.S. Mail, to the following addresses:
City of AndoverFire Chief
1685 Crosstown Blvd NW
Andover, Minnesota 55304
763-755-9825
City of AnokaFire Chief
2015 First Avenue North
Anoka, Minnesota 55303
763-576-2860
City of BethelFire Chief
165 Main Street NW
Bethel, Minnesota 55005
763-434-4366
City of BlaineFire Chief
10801 Town Square Drive NE,
Blaine, Minnesota 55449
763-786-4436
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City of CentervilleFire Chief
2085 WestCedar Street
Centerville, MN 55038
651-792-7901
City of ChamplinFire Chief
11955 Champlin Drive
Champlin, Minnesota55316
763-576-2860
City of Circle PinesFire Chief
200 Civic Heights Circle
Circle Pines, MN 55014
651-792-7901
City ofColumbia HeightsFire Chief
590—40th Avenue NE
Columbia Heights, Minnesota 55421
763-706-8152
City of Coon RapidsFire Chief
11155 Robinson Drive NW
Coon Rapids, Minnesota
763-767-6471
City of East BethelFire Chief
2241–221stAvenue NE
East Bethel, Minnesota 55011
763-367-7886
City of FridleyFire Chief
6431 University Avenue NE
Fridley, Minnesota 55432
763-572-3610
City of Ham LakeFire Chief
15544 Central Avenue NE
Ham Lake, Minnesota 55304
763-434-9555
City of HilltopFire Chief
4555 Jackson Street NE
Minneapolis, MN 55421
763-706-8152
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City of LexingtonFire Chief
9180 Lexington AvenueNE
Lexington, Minnesota 55014
763-784-2792
City of Lino LakesFire Chief
600 Town Center Parkway
Lino Lakes, MN 55014
651-792-7901
City of Mounds ViewFire Chief
2401 Highway 10
Mounds View, MN 55112
763-786-4436
City of NowthenFire Chief
8188 199th Ave NW
Nowthen, MN 55330
763-433-9886
City ofOak GroveFire Chief
19900 Nightingale Street NW
Oak Grove, MN 55011
763-404-7000
Cityof RamseyFire Chief
7550 Sunwood Drive NW
Ramsey, Minnesota 55303
763-433-9886
City of Spring Lake ParkFire Chief
1301 81st Avenue NE
Spring Lake Park, Minnesota 55432
763-786-4436
City of St. FrancisFire Chief
23340 Cree Street NW
St. Francis, Minnesota 55070
763-441-4452
Township of LinwoodFire Chief
22817 Typo Creek Drive NE
Stacy, Minnesota 55079
651-462-0502
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The addressees listed in this section shall be the registered addressof the Members for purposes
of sending and receiving notices and communications required pursuant to this Agreement. Any
Member may change its registered address and/or authorized representative by written notice
delivered to the ACFPA Secretary and all other Members. Mailed notice shall be deemed
complete two (2) business days after the date of mailing.
11.4Members Form a Governing Joint Powers Board
.
For the purposes of the Agreement, the Membersshall collectively form a Joint Powers Board,
which shall govern the entity. The Members shall not be deemed to be independent contractors
nor employees of ACFPC; rather, Members shall be deemed to be governing participants. Any
and all agents, servants, employees, or independent contractorsof a Memberremains an
employee or independent contractor of the Member, andshall not be considered an employee or
independent contractor of any other Memberfor any purpose.This paragraph shall not prohibit
an employee or independent contractor of any Memberfrom contracting with ACFPC to provide
services outside their normal engagements.
11.5Damages.
In the event of a Member’s failure to perform obligations under this Agreement, that Member
shall be liable to the other parties for any and all damages reasonably sustained by the other
Memberas a result of such failure.ACFPCshall attempt to first mediate all internal disputes
and Members are strongly encouraged to engage in binding arbitration instead of litigation.
11.6Remedies Cumulative.
All remedies provided for herein or otherwise available at law or equity shall be cumulative.
The election of oneremedy shall not bar other remedies available to the Member.
11.7Waiver of Default.
The waiver of any default by any Member, or the failure to give notice of any default, shall not
constitute a waiver of any subsequent default or be deemed to be a failure to give such notice
with respect to any subsequent default. The making or acceptance of a payment by any Member
with knowledge of the existence of a default shall not operate or be construed to operate as a
waiver of any subsequent default.
11.8Subcontracts, Assignment.
AMembermay not subcontract, assign,or otherwise transfer its rights or obligations under this
Agreementto any other entity –public or private.
11.9Successors.
Each Memberbinds itself and its successors, legal representatives, and
assigns to the other Membersand to the partners, successors, legal representatives, and assigns of
such other Members, in respect to all rights and obligations under this Agreement.
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CITY OF BLAINECITY OF COLUMBIA HEIGHTS
By: _____________________________By: _____________________________
TomRyan, MayorGary Peterson, Mayor
Dated: _________________________Dated: _________________________
ATTEST:ATTEST:
By: _____________________________By: _____________________________
Clark Arneson, City ManagerWalt Fehst, City Manager
Dated: _________________________Dated: _________________________
Approved as to Form and Execution:Approved as to Form and Execution:
By: _____________________________By: _____________________________
Patrick Sweeney, City AttorneyScott Lepak, City Attorney
Dated: _________________________Dated: _________________________
CITY OF CENTERVILLECITY OF CIRCLE PINES
By: _____________________________By: _____________________________
Thomas Wilharber, MayorDavid Bartholomay, Mayor
Dated: __________________Dated: _____________________
ATTEST:ATTEST:
By: _____________________________By: _____________________________
Dallas Larson, City AdministratorJames Keinath, City Administrator
Dated: _________________________Dated: _________________________
Approved as to Form and Execution:Approved as to Form and Execution:
By: _____________________________By: _____________________________
Kurt Glaser, City AttorneyKim Kozar, City Attorney
Dated: _________________________Dated: _________________________
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CITY OF MOUNDS VIEWCITY OF NOWTHEN
By: _____________________________By: _____________________________
Joe Flaherty, MayorWilliam Schulz, Mayor
Dated: _________________________Dated: ___________________
ATTEST:ATTEST:
By: _____________________________By: _____________________________
James Ericson, City Administrator Corrie LaDoucer, City Clerk
Dated: _________________________Dated: ____________________
Approved as to Form and Execution: Approved as to Form and Execution:
By: _____________________________By: _____________________________
Robert Vose, City AttorneyRobert Ruppe, City Attorney
Dated: _________________________Dated: _______________________
CITY OF OAK GROVECITY OF RAMSEY
By: _____________________________By: _____________________________
Mark Korin, MayorSarah Strommen, Mayor
Dated: _____________________Dated: ______________________
ATTEST:ATTEST:
By: _____________________________By: _____________________________
Rick Juba, City AdministratorKurt Ulrich, City Administrator
Approved as to Form and Execution:Approved as to Form and Execution:
By: _____________________________By: _____________________________
Robert Vose, City AttorneyJoseph Langel, City Attorney
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-BYLAWS
EXHIBIT A
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Exhibit A
Bylaws of
Anoka County Fire Protection Council
Article I –Name
Section 1.Name.The name of the joint powers entityshall be Anoka County Fire Protection
Council(hereinafter “ACFPC”).
Article II–Location
Section 1.Registered Office.The registered office of ACFPCis Spring Lake Park Fire
Dept., Inc.,1710 County Hwy 10,Spring Lake Park, MN 55432.The corporate records shall be
stored at ACFPC’s registered office.
Section 2.Mailing Address.ACFPC’s mailing address is Spring Lake Park Fire Dept.,
Inc.,1710 County Hwy 10,Spring Lake Park, MN 55432.
Section 3.Other Offices.ACFPCmay maintain other offices and places of businessas the
Board may from time to time designate or the business of the ACFPCmay require.
Article III–Purpose
Section 1.Purpose.The purpose of this Joint Powers Entity is to join together to improve
the efficiency and effectiveness of fire and emergency services to the public within the geographic
service area of the Members. Specifically, ACFPC will cooperativelyaddress the Members’ long
term needs for fire-fighting and emergency equipment, fire records data systems, fire-fighter and
EMStraining, fire prevention, fire inspection, fire-related public education, and other fire-and
emergency-related essentials.
Section 2.Mission.ACFPC shall strive to:
A.Improve safety conditions for ACFPC Members’ firefighters;
B.Promote fire safety through education, inspections, investigations, and general protection
of its Members’ citizens;
C.Exchange ideas among ACFPC Members in areas related to all aspects of fire and
emergency services;
D.Enhance overall communications between and among ACFPC Members;
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Exhibit A
E.Strive to provide to the Members’ communities the best overall fireandemergency
services that can be jointly made available;
F.Serve in an advisory capacity to the Members on matters related to fire and emergency
services;
G.Serve as an appropriate representative of firefighting and emergency services within
Anoka County;
H.Coordinate efforts for the mutual exchange of equipment and services among ACFPC
Members;
I.Provide appropriate training through the Anoka County Training Academy for ACFPC
Members’firefighters;
J.Participate in the creation and on-going management of the Records Management and
Computer Aided Dispatch Systems forACFPC Members;
K.Establish and maintain cooperative relationships with Joint Law Enforcement Council
and other government agencies; and
L.Enter into contracts, agreements, and transactionsfor the benefit of all ACFPC Members.
Article IV –Membership
Section 1.Membership.Membership shall consist of the participating Membersof the Joint
Powers Agreement, as defined in saidAgreement.
Article V –Joint Powers Board
Section 1.Number and Qualifications.The ACFPCJoint Powers Boardshall have the
following composition of two (2) joint decision-making bodies:
A.Fire Chief Directors –Forday-to-day operations and programmatic decisions of ACFPC
that do not constitute“Major Financial Decisions”:
1.Each City/Township Member shall be represented by its Fire Chief, or the Fire
Chief’s designee in the FireChief’s absence.
2.One (1) vote per fire department shall be countedwhen voting.Moreover, votes
shall be weighted pursuant to the cost-share model, and seventy-five percent
(75%) of the cumulative weight of all the Membersis required forpassage of all
items.
3.The Fire Chiefs shall meet at least quarterlyto assure proper governanceand
adequate programming.
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Exhibit A
B.Elected Official Directors –For“Major Financial Decisions” of ACFPC:
1.Each City/Township Member shall be represented by one (1) of its elected
officials, orthe official’s alternate in the official’s absence.
2.One (1) vote per City/Township Member shall be countedwhen voting.
Moreover, votes shall be weighted pursuant to the cost-share model, and seventy-
five percent (75%) of the cumulative weight of all the Membersis required for
passage of all items.
3.The elected officials shall meet at least annually, to approve the ACFPC budget
and ensure proper fiscal accountability. Additional periodic meetings may be
necessary as required.
Section 2.Governing Powers. Pursuant to the Joint Powers Agreement and Minn. Stat.
§471.59, the Joint PowersBoard shall have all the duties and powers necessary and appropriate
for the overall direction of ACFPC, including but not limited to:
A.To perform any and all duties imposed upon them collectively or individually by law, by
the Joint Powers Agreement, the Bylaws, and/or the Policies & Procedures;
B.To appoint and remove, employ and discharge, and, except otherwise provided in these
Bylaws, prescribe the duties and fix compensation, if any, of all Officers, agents,
employees, independent contractors, and/or committees of ACFPC; to prescribe powers
and duties for them; and to fix their compensation;
C.To manage and oversee the affairs and activities of ACFPC, and to make policies and
procedures;
D.To enter into contracts, leases, and other agreements which are, in the judgment of the
Joint Powers Board, necessary or desirable in obtaining the purposes of promoting the
interests of ACFPC;
E.To acquire real or personal property, by purchase, exchange, lease, gift, devise, bequest,
or otherwise, and to hold, improve, lease, sublease, mortgage, transfer in trust, encumber,
convey, or otherwise dispose of such property;
F.To borrow money, incur debt, and to execute and deliver promissory notes, bonds,
debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of
debt and securities;
G.To indemnify and maintain insurance on behalf of anyof ACFPC, its Directors, Officers,
agents, employees, or independent contractors,for liability asserted against the entity or
incurred by such person in such capacity or arising out of such person’s status as such,
subject to the provisions of Minn. Stat.§ 471.59 or other law/equity; and
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Exhibit A
H.To follow these Bylaws, including meeting regularly.
The Joint Powers Boardmay engage in such acts that are in the best interests of ACFPCand that
are not in violation of Minnesota Statutesor Federal law. No Directorshall have any right, title,
or interest in or to any property of ACFPC.
Section 3.Terms.Because both decision-making bodiescomposing the Joint Powers Board
serveex officio, there are no terms.
Section 4.Election Procedures.Because both decision-making bodiescomposing the Joint
Powers Board serveex officio, thereare no election procedures.
Section 5.Resignation, Termination, Leaves, and Absences.
A.A Director may resign or request a leave of absence at any time by giving written notice
to the Secretary of ACFPC. The resignation or request for leave of absence is effective
immediately without acceptance, unless a later effective time is specified in the notice. If
aresignation is effective at a later date, the Board may fill the pending vacancy before the
effective date if the Board provides that the successorshall not take office until the
effective date. At no time shall any participating Membergo unrepresented or have
fewer than one (1) representative amongst the Fire Chief Directorsas well asone (1)
representative amongst the Elected Official Directors.
B.A Director on leave shall beconsidered an inactive member of the Joint Powers Board.
At no time shall any participating Membergo unrepresented or have fewer than one (1)
representative amongst the Fire Chief Directorsas well asone (1) representative amongst
the Elected Official Directors.
C.Any Director may be removed for just cause, including excess unexcused absences, by an
affirmative vote of the remaining Directors within the specific Director group(i.e., Fire
Chiefs or Elected Officials).At no time shall any participating Membergo unrepresented
or have fewer than one (1) representative amongst the Fire Chief Directorsas well asone
(1) representative amongst the Elected Official Directors.
D.The matter of removal may be acted upon at any meeting of the Board, provided that
notice of the intention to consider a Director’s removal has been given to each Director
and to the Director affected at least thirty(30) days in advance of the meeting. A
successive Director may then be elected to fill the vacancy thus created. Any Director
whose removal will be proposed shall be given at least thirty (30) days notice of the
intent to take such action and an opportunity to be heard at this meeting.
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Exhibit A
Section 6.Vacancies.If a Member’s representative is removed or resigns, the
City/Townshiphe/she represents must nominate another qualifying representativeto serve on
ACFPC’s Board. At no time shall any participating Membergo unrepresented or have fewer
than one (1) representative amongst the Fire Chief Directorsas well asone (1) representative
amongst the Elected Official Directors.
Section 7.Compensation. No compensation shall be paid to Directors of ACFPCfor their
services, time, and efforts. Directors, however, may be reimbursed for necessary and reasonable
actual expenses incurred in the performance of their duties.
Section 8.Open Meetings and Government Data.Pursuant to Minn. Stat. Chapters 13
and 13D, all meetings, including executive sessions, must be open to the public when required or
permitted by law to transact public business in a meeting, and records of those meetings must be
recorded and made available to the public upon reasonable request. The minutes of meetings
shall record all votes taken at the meeting, including the vote of each Board Member on
appropriations of money, except for payments of judgments and amounts fixed by statute.
Government data must also be made available to the public upon reasonable request. The Board
may close a meeting only under circumstances allowed or required by the Minnesota Open
Meeting Law.
Section 9.Public Comment at Meetings.A minimum of fifteen (15) minutes shall be
reserved at each Board of Director meeting for comments and requests for business to be brought
before the Board by employees, volunteers, and/or interested community members. The Chairof
the Board may reasonably limit individual speaking times.
Section 10.Annual Meetings.An annual meeting shall take place in the month of January,
the specific date, time, and location of which will be designated by the Chairof the Board. If the
Chairfails to select a place for the annual meeting, it shall beheld at ACFPC’s registered office.
The annual meeting shall be held for the purpose of electing the Officers of ACFPC, as well as
the consideration of any other business that may be properly brought before the Board. This
shall include, but not be limited to, Board reports regarding ACFPCactivities and financial
position; authorization of the annual information return for submission; approval of
policy/procedures, Joint Powers Agreement and/orBylaws changes; and input toward the
direction of the ACFPCfor the coming year.
Section 11.Regular Meetings.Regular meetings of the Joint Powers Boardmay be held at
such time and place as shall be determined from time to time by a majority of the Directors. If
the Board fails to select a place for a regularBoard meeting, it shall be held at ACFPC’s
registered office. The agenda shall be:
Call to Order
Roll Call
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Exhibit A
Reading and Approval of Minutes of the preceding meeting
Approval of Agenda of current meeting
Reports of Officers
Reports of Committees
Old and Unfinished Business
New Business
Adjournment
Section 12.Special Meetings.The Secretary of ACFPCshall call a special meeting upon the
written request of any Director. If the Board fails to select a place for the special Board meeting,
it shall be held at ACFPC’s registered office.
Section 13.Notice.Written notice, including the date, time, and place of the meeting, shall
be provided to each Director at least five (5) calendar days in advance of anymeeting. Notice
shall not be provided more than sixty (60) calendar days in advance of anymeeting. This notice
shall be given personally, by mail, e-mail, telephone, or facsimile. The attendance at, or
participation of a Director in, any meeting requiring written notice shall constitute a waiver of
notice of such meeting, except where the Director attends or participates for the express purpose
of objecting to the transaction of business because the meeting was not lawfully called or
convened.
Section 14.Quorum.At all meetings, fifty-one percent (51%) or greater of active Directors
shall constitute a quorum for the transaction of all authorized business. If fifty-one percent
(51%) or greater of active Directors are not present, no voting can occur; only an informal
meeting may commence.
Section 15.Voting.During Board meetings, votes shall be weighted pursuant to the cost-
share model, and seventy-five percent (75%) of the cumulative weight of all the Membersis
required forpassage of all items.
Section 16.Proxies.Voting by proxy shall NOT be permitted.
Section 17.Meeting Procedures. Robert’s Rules of Order shall be the authority for all
questions regarding Board meeting procedures.
Section 18.Meeting Decorum.ACFPCshall follow best and lawful practices for
conducting business at Board meetings. The Joint Powers Boardshall exemplify, communicate,
and enforce the expectation that meetings be conducted in an orderly and respectful manner. The
Joint Powers Boardreserves the right to excuse any Director, Officer, member, guest, member of
the media, or audience participant exhibiting conduct that is disrespectful or disruptive to
meeting proceedings. Per Robert’s Rules of Order Newly Revised, the Chairhas the sole
responsibility torequire order in a meeting. To that end, the Chairhas the authority to call a
6
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Exhibit A
Director, Officer, or member to order, and exclude non-members. If necessary to maintain an
orderly meeting, the Chairhas the authority to remove a participant from the meeting.
Section 19.Written Action.Any action required or permitted to be taken at a Board of
Director’s meeting may be taken by written action signed, or consented to by authenticated
electronic communication, by the number of Directors that would be required to take the same
action at a meeting of the Board at which all Directors were present.
Article VI–Officers
Section 1.Designation.Principal Officers of ACFPCshall be: Chair, Vice Chair, Treasurer,
and Secretary. At the discretion of the Joint Powers Board, other Officers may be elected with
duties that the Board shall prescribe.
Section 2.Election of Officers.Officers shall also be Directors of ACFPC as well as fire
service professionals, and must be elected at the annual meeting. Officers are elected by the
Joint Powers Board. Unless sooner removed by the Board, Officers shall serve for a term of two
(2) years, or until their successors are elected. A vacancy in any office may be filled by a
majority vote of the Joint Powers Boardfor the unexpired portion of the term. The Joint Powers
Boardshall also have the authority to appoint such temporary acting Officers as may be
necessary during the temporary absence or disability of the regular Officers.
Section 3.Terms.All Officers shall serve a two (2)-year term. An Officer may serve an
unlimited number of terms.
Section 4.Resignation.An Officer may resign by giving written notice to ACFPC. The
resignation is effective without acceptance when the notice is given to the Board, unless a later
effective date is named in the notice.
Section 5.Removal.Any Officer may be removed from his/her position for just cause by an
affirmative vote ofeither the Fire Chief Directors or the Elected Official Directors. The matter
of removal may be acted upon at any meeting of the Board, provided that notice of the intention
to consider an Officer’s removal has been given to each Memberand to the Officer affected at
least thirty (30) days in advance of the meeting.
Section 6.Compensation.Officers of ACFPCmay, but need not, receive reasonable
compensation for their services, time, and efforts. The amount and frequency of payments shall
be reasonable, determined from time to time by the Joint Powers Board in accordance with the
Conflicts of Interest Policy, and be legally compliant with all state and federal employment,
nonprofit, and other applicable laws. In addition, Officers may be reimbursed for necessary and
reasonable actual expenses incurred in the performance of their duties.
7
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Exhibit A
Section 7.Chair.
The Chairshall be the principal Officer of ACFPC.
Subject to the direction and control of the Board, the Chairshall have general active
management of the business of ACFPC. When present, the Chairshall preside at
meetings of the Board and of Committees.
The Chairshall see that the orders and resolutions of the Board are carried into effect,
and, along with one other Officer of ACFPC, shall sign and deliver in the name of
ACFPCdeeds, mortgages, bonds, contracts, or other instruments pertaining to the
business of ACFPC, except in cases in which the authority to sign and deliver is required
by law to be exercised by another person or is expressly delegated by the Joint Powers
Agreementor by the Board to another Officer or the Executive Director(s).
The Chairmayappoint all committees, standing and temporary. The Chairshall be a
voting ex-officio member of all committees.
The Chairshall certify the proceedings of the Board, and shall cast the deciding vote
when the Joint Powers Boardis equally divided.
In general, the Chairshall discharge all duties incident to the Office of Chairand
prescribed by the Board, and shall have such powers as may be reasonably construed as
belonging to the Chief Executive of any organization.
Section 8.ViceChair.
The Vice Chairshall act in the absence or disability of the Chair.
The Vice Chairshall assist the Chairas requested.
The Vice Chairshall compile and maintain a book of policies and procedures in
collaboration with the organization’s legal counsel.
The Vice Chairshall perform other duties as prescribed by the Board or by the Chair.
Section 9.Secretary.
The Secretary shall keep, or cause to be kept, all non-financial business records and
paraphernalia of ACFPC.The Secretary shall be responsible for maintaining all books,
correspondence, committee minutes, Membership lists, paraphernalia, and papers relating
to the business of ACFPC, except those of the Treasurer.The records and paraphernalia
shall be maintained at ACFPC’s registered office.
The Secretary shall keep, or cause to be kept, true and accurateminutes of all meetings of
the Joint Powers Boardand of the Executive Committee. Said minutes shall be kept
within the Anoka County Records Management System and a timely copy of all such
minutes shall be provided to each ACFPC Member.
The Secretary shall give, or cause to be given, all notices of Joint Powers Boardmeetings
and other notices required by law or these Bylaws.
8
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Exhibit A
The Secretary shall file any document required by any statute, federal or state, in
collaboration with the organization’s legal counsel.
The Secretary shall maintainthe office and purchase office supplies.
The Secretary shall perform other duties as prescribed by the Board or by the Chair.
Section 10.Treasurer.
The Treasurer shall have care and custody of monies belonging to ACFPCand shall be
responsible for such monies or securities of the organization. The Treasurer shall be
responsible to keep accurate financial records for ACFPC.
The Treasurer shallbe keep, or cause to be kept, all financial records belonging to
ACFPC. The records shall be maintained at ACFPC’s registered office.
The Treasurer shall deposit (or cause to deposit) money, drafts, and checks in the name of
and to the credit of ACFPCin the banks and depositories designated by the Board;
endorse for deposit notes, checks, and drafts received by the ACFPCas ordered by the
Board; make proper vouchers for deposit; and disburse (or cause to disburse) ACFPC’s
funds and issue checks and drafts in the name of ACFPC, as ordered by the Board.
With the assistance of appropriate professionals: The Treasurer shall prepare a proposed
annual budget as well as present the budget and a report of the financial condition of the
ACFPCto the Joint Powers Boardat the annual meeting, and will, from time to time,
make such other financial reports to the Joint Powers Boardas it may require. The
Treasurer shall also prepare (or cause to prepare) the annual tax filing (if appropriate),
annual audit(if appropriate), and other annual financial reports.
The Treasurer shall serve as the Finance Committee Chair.
The Treasurer shall perform other duties as prescribed by the Board or by the Chair.
Section 11.Any Officer of ACFPC, in addition to the duties and powers conferred upon him
or her by these Bylaws, shallhave such additional duties and powers as may be prescribed from
time to time by the Joint Powers Board.
Articles VII–Committees
Section 1.Authority.The Joint Powers Boardmay act by and through such committees as
may be specified in resolutions adopted by a majority of the Joint Powers Board. Each
committee shall have such duties and responsibilities as are granted to it from time to time by the
Joint Powers Board, and shall at all times be subject to the control and direction of the Joint
Powers Board. Committee members, other than the Committee Chair, need not be Directors.
Examples of committees that may be formed by the Board are:
9
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Exhibit A
Standard Operating Procedures Committees:
Radio/Dispatch
o
Background Checks
o
Technical Rescue Tactics
o
Fire Investigations
o
General SOP
o
Fire Intervention/Community EducationProgram
Firefighter Excellence
Technological Advancements
Legal and Governance Committee
Section 2.Executive Committee.The Joint Powers Board, by resolution adopted by a
majority of the Board, may establish an Executive Committee to consist of at least the Officers.
The Chairof the Board will be the Chairof the Executive Committee. The designation of the
Executive Committee and the delegation of authority granted to it shall not operate to relieve the
Joint Powers Boardof any responsibility imposed upon it, as it is subject to the direction and
control of the full Board. However, the Executive Committee shall have all the powersand
authority of the Joint Powers Boardin the intervals between meetings of the Joint Powers Board,
except for the power to amend the Joint Powers Agreementand Bylaws.
Section 3.Finance Committee.The Joint Powers Board, by resolution adopted by amajority
of the Board, may establish a Finance Committee. The Treasurer is the Chairof the Finance
Committee, which includes three other Directors. The Finance Committee is responsible for
developing and reviewing the fiscal procedures, fundingplans, and the annual budget with staff
and other Directors. The Board must approve the budget and all expenditures must be within
budget. Any major change in the budget must be approved by the Joint Powers Board. Annual
reports are required to be submitted tothe Board showing actual income, pending income, actual
expenditures, and pending expenditures. The financial records of the organization shall be made
available to the Directors, Officers, and the public.
Section 4.Meetings.Meetings of the individualcommittees may be held at such time and
place as may be determined by a majority of the committee, by the Board Chair, or by the Joint
Powers Board. Notice of meetings shall be given to the committee’s members at least five (5)
business days and no more than sixty business (60) days notice in advance of the meeting unless
all members agree to a shorter notification. A majority of the committee’s membership shall
constitute a quorum.
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Exhibit A
Article VIII –Executive Director(s), Employees, & Independent Contractors
Section 1.Designation.The Joint Powers Boardmay select and employ an Executive
Director. The Executive Director may also serve as a Director and/or Officer if permitted by the
Joint Powers Board; however, strict adherence to the Conflicts of Interest policy shall be
necessary, the Executive Director shall only be compensated in his or her capacity as an
employee, and the Executive Director shall not also serve as the Treasurer of ACFPC.
Section 2.Duties.The Executive Director shall be responsible for providing professional
advice and assistance to the Joint Powers Board; administer the work delegated to the staff; hire
and release staff members; coordinate with the Treasurer in paying bills and creating deposits;
and have such other powers to perform other duties as may be assigned by the Joint Powers
Board.
Section 3.Other Staff.At the discretion of the Joint Powers Board, the Executive Director
may hire and discharge other employed staff as may be reasonable and necessary to support the
organization. The employed staff shall report directly to and be accountable to the Executive
Director or his or her designee.
Section 4.Compensation.ACFPCmay pay compensation to the Executive Director,
employees, and other independent contractors for services rendered. The amount and frequency
of payments shall be reasonable, determined from time to time by the Board, and be legally
compliant with all state and federal employment, nonprofit, and other applicable laws.
Section 5.Checks, Drafts, Petty Cash Fund.The Executive Director may be authorized to
provide one of the signatures on checks, drafts, or other orders of payment for ACFPC. He or
she may also be authorized to administer a Petty Cash Fund, the size of which will be designated
by the Joint Powers Board.
Article IX –Volunteers
Section 1.Designation.The Joint Powers Boardshall establish policies and procedures to
recruit, train, and utilize volunteers in the operation of its activities and fulfillment of its purpose
and mission.
Section 2.Insurance Coverage for Volunteers.ACFPCmay maintain a special accident
policy to cover those individuals serving the organization in a volunteer capacity.
11
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Exhibit A
Article X –Management, Finances,& Miscellaneous Provisions
Section 1.CalendarYear.The accounting year of ACFPCshall be the calendaryear. The
accounting year shall begin on the first day of Januaryof each year and end on the last day of
Decemberof each year.
Section 2.Books and Accounts.ACFPCshall maintain a savings and checkingaccount at a
reputable bank under the name “Anoka County Fire Protection Council.” The Chairand
Treasurer are authorized to act as signatories on all ACFPCbank accounts. In the event the
Chairmanship is vacant or the Chairis incapacitated in some manner, the Vice Chairis
authorized to temporarily act as a signatory in the Chair’s place. In the event the Treasurer’s
position is vacant or the Treasurer is incapacitated in some manner, the Secretary is authorized to
temporarily act as a signatory in the Treasurer’s place. ACFPC’s books and accounts (or an
exact copy thereof) shall be kept at the registered office.
Section 3.Budget.An operating budget for ACFPC will be adopted one (1) year in
advance of the effective dateof budget.Example: The proposed 2016 budget will be discussed
at the regular October 2014 ACFPC meeting and adopted at the January meeting of 2015. The
Board must approve the budget and all expenditures must be within budget. Any major change
in ACFPC’s budget must be approved by the Joint Powers Board.
Section 4.Financial Responsibilityof Members.Each participating Member shall pay
an annual fee as well as its percentage share of ACFPC’s annual expenses.
A.Annual Fee:
1.The JointPowers Board shall determine the annual fee and all other fees and/or
assessments owed by Members, and these fees may be changed from time to time.
The Joint Powers Board shall publish the annual fees on a regular basis to all
Members and prospective Members. “Good standing” and continued voting
privileges arecontingent upon being current on payment of feesand/or
assessments. Failure to pay a fee or assessment shall subject Members to loss of
voting rights and/or termination unless special arrangements are made with the Board.
2.The period of time covered by the annual fee is from January 1 to December 31 of
each year.
i.At the regular October ACFPC meeting, a Notice of Dues will be
distributed to each Member. The notice will include: Annual Dues andthat
Member’s share of the ACFPC budget,based on the cost sharing model.
ii.It shall be the responsibility of each ACFPC Member to remain in “good
standing” by timely paying of their Notice of Dues and share of the ACFPC
budget. A Member shall be in “good standing”when their annual fee and
12
ResolutionNo.2014-93Page35
Exhibit A
share of the ACFPC budget has been fully paid to ACFPC by December
1st. A participating Member whose annual fee and share of the ACFPC
budget has not been fully paid to ACFPC by December 1st shall not be in
“good standing,” and said Member shall forfeit their voting rights on all
business items at ACFPC meetings until such time as its annual fee and
share of the ACFPC budget has been fully paid.
B.Percentage Share of ACFPC Expenses:A Member’s percentage share of the annual
expenses of the ACFPC shall be equal to the Member Index divided by the Aggregate
Indexas defined in the Joint Powers Agreement.Member percentage shares will be
displayed on acost-share model compiled annually based on available data.
Section 5.Legal Instruments.All contracts, agreements, and other legal instruments
executed by ACFPCshall be issued in the name of ACFPC, not the individual name of a
Director or Officer. Legal instruments shall be signed by no less than two (2) Officers of
ACFPC–the Chair(if able), and one other Officer. While Directors and Officers have authority
to sign official documents on behalf of ACFPC, they may do so ONLY after proper
consideration and approval by the Joint Powers Board. In the absence of approval by the Joint
Powers Board, the individual Director or Officer is personally liable on the legal instrument.
Section 6.Loans.No loans shall be contracted on behalf of ACFPCnor shall evidences of
indebtedness be issued in its name unless specifically authorized by resolution of the Joint
Powers Board. Such authority shall be confined to specific instances.
Section 7.Examination by Directors, Members & Public.Every Director, Officer, Member
of ACFPC, and the Publicshall have a right to examine, in person or by agent or attorney, at any
reasonable time, and at the registered office, all books and records of ACFPCand make extracts
or copies therefrom.
Section 8.Periodic Reviews.To ensure ACFPCoperates in a manner consistent with its
public purposes, files all required paperwork, and does not engage in activities that could
jeopardize its image and status, periodic reviews shall be conducted. The periodic reviews shall,
at a minimum, include the following subjects:
A.Whether compensation arrangements and benefits are reasonable, based on competent
survey information, and the result of arm’s length bargaining;
B.Whether partnerships, joint ventures, and arrangements with management organizations
conform to ACFPC’s written policies, are properly recorded, reflect reasonable
investment or payments for goods and services, further the Joint Powers Agreement’s
13
ResolutionNo.2014-93Page36
Exhibit A
purposes and do not result in impermissible private benefit or kickbacks;
C.Whether ACFPCis properly filing paperwork with government entities. In addition to
organizational compliance documents, ACFPCshall file all required employer reports to
agencies such as the Minnesota Unemployment Insurance Fund, the Minnesota Dept. of
Revenue, the Minnesota Attorney General’s Office, the Minnesota Secretary of State, the
Social Security Administration, and provide employee tax documents by the required
deadlines.
Section 9.Publication and Media.
A.WEBSITE: ACFPC’s official website shall be maintained monthly or as often as deemed
necessary by the Joint Powers Board. The webmaster shall coordinate with the Joint
Powers Boardwith regard to website content. ACFPCwill be responsible for paying all
costs associated with thedomain name, hosting, SEO, and other related expenses related
to maintaining ACFPC’s official URL.
B.NEWSPAPERS AND PRESS: ACFPCshall always portray the organization and its
Directors, Officers, members, employees, independent contractors, and other agentsin
the most positive nature possible. When internal and/or external crises arise, public
relations matters may require rapid advice from an attorney or PR professional.
Section 10.Affiliations.ACFPCmay maintain professional affiliations that benefit and
strengthen the organization in its capacity to fulfill its mission.
Section 11.Policies and Procedures.The Joint Powers Boardshall establish policies and
procedures:
To codify decisions made by the Board at regular meetings in one central location;
Regarding internal financial controls;
Regarding gifts and grants to other individuals/organizations;
Regarding employees and volunteers;
Regarding Emergency ResponseSOP; and
Regarding other topics that may become reasonable and necessary.
Section 12.Amending the Joint Powers Agreementand Bylaws.ACFPCshall have the
power to amend the Joint Powers Agreementand theseBylaws. Pursuant to the Joint Powers
Agreement, amendments to the Joint Powers Agreementmay be amended when the Members
agree, by resolution of both the Fire Chief Directors and the Elected Official Directors.Notice
of any proposed amendment shall be provided to all participating Members at least thirty (30)
days prior to the effective date of the proposed amendment.Amending these Bylaws requires
the same process.
14
ResolutionNo.2014-93Page37
Exhibit A
Certification
These Bylaws were approved by all Members as a part of the adoption of the Joint Powers
Agreement
__________________________________________________________
SecretaryDate
15
ResolutionNo.2014-93Page38
–2015COST-SHARE MODEL
EXHIBITB
21
ResolutionNo.2014-93Page39
EQUIPMENT AND/OR PERSONAL PROPERTY CONTRIBUTED
EXHIBIT C-
TO THE EFFECTIVE DATE
PRIOR
Purchase
CategoryDescriptionDateCost
FIPJFS Display cases
FIPProjector for JFS
FIPluggage cart for FIP07/18/2000$30.89
FIPFile boxes for FIP03/26/2001$26.23
FITInvestigation Team equipment09/08/2004$2,500.00
Label Printer11/04/2004$2,153.31
FITInvestigations Trailer06/15/2005$3,041.18
FITInvestigations Trailer signs07/19/2005$290.00
FITInvestigation Team equipment03/01/2006$1,980.96
FITInvestigation Team equipment03/06/2006$1,203.24
FITInvestigation Team equipment04/27/2006$373.43
FITInvestigation Team equipment06/01/2006$663.24
FITInvestigation Team equipment07/24/2006$439.55
FITInvestigation Team equipment07/24/2006$47.20
FITInvestigation Team equipment07/24/2006$203.09
FITInvestigation Team equipment01/29/2007$150.00
22
ResolutionNo.2014-93Page40
CISDpeer counseling laptop05/16/2007$1,592.18
FITScanner for Fit02/14/2008$262.85
FITFile Cabinet for FIT02/21/2008$215.24
FITFlash & Camera Bag FIT08/07/2008$379.47
FITHard Hats FIT09/16/2008$91.44
FITSmall Tools FIT11/13/2008$37.07
FITFolding Chairs FIT11/13/2008$96.09
FIPFIP file cabinet06/16/2009$168.12
FITFIT Items 07/13/2009$92.66
FITFIT Items 07/13/2009$90.07
FITHalf Mask & Filters 07/27/2009$256.30
FITFIT Tools 12/22/2009$156.67
FITACFIT Camera06/14/2010$965.44
FITHalf Mask11/04/2010$330.00
FIPFIP computer software10/24/2011$1,437.19
FITFIT -Flash Drive02/06/2012$32.12
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ResolutionNo.2014-93Page41
EQUIPMENT AND/OR PERSONAL PROPERTY CONTRIBUTED
EXHIBITD-
THE EFFECTIVE DATE
AFTER
24