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HomeMy WebLinkAbout5.F.3. Hazardous Materials Response Group Joint Powers Agreement ,5 f,3, CITY OF SHAKO PEE Memorandum CO ~~I ~,.. t.!T . ~i\l\JPtil TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Hazardous Material Joint Powers Agreement DATE: February 27,2008 Comment: Introduction: Council has asked to authorize the City of Shakopee to enter in to a Joint Powers Agreement (JP A) for hazardous material response. Background: The Scott County office of Emergency Management has asked that all Scott County Cities and the SMSC enter into an agreement, with Scott County to participate in a Joint Powers Agreement to provide for joint assistance when dealing with releases of hazardous materials. Previously, all Fire Departments within County and the SMSC have responded to hazardous materials incidents through their stardard fire Mutual Aid Agreements. There has been no formal JP A specifically relating to Hazardous Materials events. Scott County initially drafted a JP A, which was then rewritten by Kennedy and Graven with the County's concurrence. to better meet the needs of the cities. The JPA would cover Scott County, the seven incorporated cities of the County and the SMSC. It would establish a governing board which would oversee the operations of a Hazardous Materials Response Group, and would also oversee funding of this organization (which is anticipated to corne from Grants from the Federal Department of Homeland Security). Needed responses will first be coordinated by Fire Chiefs from each of the responding communities. The JP A also spells out ownership and liability responsibilities for equipment and property, and for the employees who respond. Recommendation: I recommend that the City Council authorize the City to enter into the proposed JP A for the Hazardous Materials Response Group. Relationship to Visioning: This supports Goal D (Vibrant, Resilient, and Stable); and also Strategy 3- (Protect the Environment). Action Required: If the Council concurs, it should, by motion, authorize the City to enter into the Joint Powers Agreement for the Hazardous Material Response Group. 1.A>> LWvu)j Mark McNeill City Administrator MM:cn JOINT POWERS AGREEMENT HAZARDOUS MATERIALS RESPONSE GROUP This Joint Powers Agreement ("Agreement") dated this _ day of , 2008, is entered into by and between the County of Scott, a Minnesota political subdivision ("County") and the cities of Belle Plaine, Elko New Market, Jordan, New Prague, Prior Lake, Savage and Shakopee, each being a Minnesota municipal corporation and the Shakopee Mdewakanton Sioux (Dakota) Community, a Sovereign Indian Tribe ("SMSC"). The parties shall hereinafter be referred to collectively as the "Members" of the Hazardous Materials Response Group ("HMRG"). WHEREAS, the Members are the responsible authorities for providing hazardous materials and terroristic threat responses within their jurisdictional boundaries; and WHEREAS, the Members currently meet and exchange information on hazardous materials responses through an informal association entitled the "Scott County Mutual Aid Association;" and WHEREAS, the Members would like to formalize this association and broaden its scope to allow the Members to communicate, educate and share instruction and training resources with one another on hazardous materials and terroristic threat responses; and WHEREAS, the Members would also like to assist one another in responding to hazardous materials and terroristic threats within each of their jurisdictions; and WHEREAS, the Members are authorized to enter an agreement for the joint and cooperative exercise of powers common to them pursuant to Minnesota Statutes Section 471.59 and applicable federal and state regulations; and NOW THEREFORE, it is hereby agreed as follows: SECTION I GENERAL PURPOSE 1.1 The general purpose of this Agreement is to establish an organization to coordinate the Members' efforts to respond to hazardous materials and terroristic threat incidents. By providing combined skills training and educational opportunities to its Members, the HMRG will reduce these costs for its Members. The combined training and educational opportunities will also enhance the safety of the Members' personnel and the citizens that they serve in the event of a hazardous materials or terroristic threat emergency. On occasion, the HMRG may also assist other entities within the County and the State of Minnesota. SECTION II ORGANIZATION 2.1 Governing Board. The governing board of the HMRG shall consist of the following: a representative appointed by the member entity's department head that is responsible for fire 328945vl SJS SHl55-23 response services for that entity and the HMRG Superintendent. All representatives, except the HMRG Superintendent shall be voting members ("Governing Board"). The Member's appointed representative shall be responsible for keeping the other personnel of the Member informed and aware of all HMRG activities. A. Each Member shall document its representative appointment to the Governing Board in writing. Resolutions or other documentation of the appointment must be filed by the Member with its records department. B. Members of the Governing Board shall not be deemed to be employees of the HMRG and shall not be compensated by the HMRG. C. The Governing Board shall elect an Executive Officer of the HMRG at its meeting in April of each year. The Executive Officer must be one of the representatives serving on the Governing Board. The Executive Officer must attend all Governing Board meetings and must keep the Governing Board and the Members informed of all HMRG activities. He or she shall chair the meetings of the Governing Board. The Executive Officer will also manage and supervise the daily business of the HMRG. He or she may attend conferences and seminars to obtain information on behalf of the HMRG that will enhance the operations of the HMRG. The Executive Officer is also responsible for organizing, recording and coordinating a debriefing/post-incident analysis and critique of all incidents that are responded to by the HMRG. 2.2 Duties of the Governing Board. A. Establish and adopt standard operating guidelines and fire medical standard operating guidelines to be used by the Members in responding to a hazardous materials or terroristic threat incident. B. Coordinate information between the Members and the HMRG. C. Purchase equipment and provide training opportunities for the Members. 2.3 Powers of the Governing Board. A. The Governing Board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties and enforce such contracts to the extent available in equity or at law, except that the Governing Board shall not enter into any contract in which the term exceeds one year. B. The Governing Board shall disburse funds in a manner which is consistent with this Agreement. C. The Governing Board may apply for and accept gifts, grants or other property (excluding real property) or assistance from the United States government, the State of Minnesota or any person, association, or agency for_ any of its purposes, 328945v 1 SJS SH 155-23 2 enter into any agreement in connection therewith, and hold, use and dispose of such money or other property and assistance in accordance with the terms of the gift or grant relating thereto. D. The Governing Board must obtain and maintain liability insurance in amounts not less than the statutory liability limits established under Minnesota Statutes Chapter 466 and may obtain other insurance as it deems necessary to insure the HMRG, the Governing Board, its members and employees of the Members for actions arising out of this Agreement. The costs of liability insurance shall be payable from HMRG funds and the HMRG shall not take any actions under this Agreement until such liability insurance is in effect. With respect to the employees of the Members who have responded to a request for assistance pursuant to this Agreement, they will be deemed to be taking actions arising out of this Agreement from the time that they receive a request for assistance pursuant to this Agreement and commence traveling to the location where assistance is to be provided until the HMRG Superintendent has made the decision to recall the team. E. All powers granted herein shall be exercised by the Governing Board in a fiscally responsible manner and in accordance with the requirements oflaw. F. The Governing Board may cooperate with other federal, state and local emergency response and law enforcement agencies to accomplish the purpose for which the HMRG is organized. 2.4. Terms. Appointees to the Governing Board shall serve at the pleasure of the appointing Member and may be removed only by the appointing Member. 2.5 Meetings. The Governing Board shall have regular quarterly meetings. Special meetings may be held by giving reasonable notice to all Members. The presence of a simple majority of the Governing Board members shall constitute a quorum. 2.6 Voting. Each Member shall have one vote at any meeting of the Governing Board. Proxy votes are not permitted. The Governing Board shall function by majority vote of the board members, provided that a quorum is present. 2.7 Organizational Structure. A. The HMRG is a multi-jurisdictional response unit consisting of member agencies. The Governing Board shall supervise the operations ofthe HMRG. B. The HMRG Superintendent will be the Scott County Director of Emergency Management. The HMRG Superintendent shall direct and supervise the operations of the HMRG and ensure that the standards adopted by the Governing Board are met being met when responding to incidents. The HMRG Superintendent shall attend all meetings of the Governing Board in order to keep the Governing Board and the Members informed of all activities of the HMRG. - . 328945v 1 SJS SH 155-23 3 The HMRG Superintendent shall periodically review all aspects of the HMRG and recommend to the Governing Board changes or improvements needed. 2.8 Additional Members. Other entities located within the County may join the HMRG and become a member upon the approval by the Governing Board and execution of an amendment to this Agreement. All new and current members of the HMRG must maintain a competency level for their personnel at a minimum of Awareness Level FFl as per the Standard for Professional Competence of Responders to Hazardous Materials Incidents, NFPA 472. SECTION III BUDGET AND FINANCE 3.01 The Members intend to fund the HMRG through funds received by the County from the U.S. Department of Homeland Security for hazardous materials and terroristic threat responses. The County agrees that it will provide these funds to the HMRG to be used for these purposes. These funds shall be used by the HMRG to purchase supplies and equipment to be used in responding to an incident by the Members pursuant to this Agreement and to provide education and training opportunities for the Members' personnel. If the Governing Board decides that additional funding is necessary, it may establish annual contribution amounts to be paid by the Members. 3.02 All HMRG funds shall be accounted for according to generally accepted accounting principles. The Governing Board shall prepare and adopt a budget for each year. A report on all receipts and disbursements shall be forwarded by the Executive Officer to the Members on a quarterly basis. The Executive Officer shall be responsible for ensuring that all invoices are paid. 3.0~ No charges shall be levied by a responding Member for assistance rendered to a requesting Member under the terms of this Agreement. SECTION IV INCIDENT RESPONSE 4.01 The objective of the HMRG is to safely mitigate a hazardous materials or terroristic threats incident, with emphasis on safety. 4.01 A Member may call upon the HMRG to respond to a hazardous materials or terroristic threat incident within its jurisdiction. Prior to contacting the HMRG, the fire chief or department head in charge of fire operations for the Member, or his or her designee shall respond to the scene to assess the situation. 4.02 A Member may activate the HMRG to respond to a hazardous materials or terroristic threat incident that is outside of its jurisdiction when the incident threatens the County or an incident outside of the County if the Member believes that the HMRG would be helpful to mitigate an incident. 4.03 All Members responding to an incident on behalf ofthe HMRG shall follow the HMRG's 328945v 1 SJS SH 155-23 4 standard operating guidelines and fire medical standard operating guidelines. The HMRG shall only assist the incident commander at the scene of an incident and shall not take over incident command from the host department. SECTION V EQUIPMENT AND PROPERTY 4.01 Equipment and property provided by a Member pursuant to the Agreement shall remain under the direction and control of that Member and also under the tactical control of the fire chief or emergency management director in command of the scene of the jurisdiction to which assistance is being provided. All individually owned equipment and property brought into the HMRG shall remain the property of that Member. Any equipment or property purchased by the HMRG shall remain the property ofthe HMRG. 4.02 Each Member shall be responsible for damage to or loss of its own equipment and property occurring during deployment of the HMRG. Each Member waives the right to sue the HMRG and any other Member for any damages to or loss of its equipment or property, even if the damages or losses were caused wholly or partially by the negligence of any other Member or its officers, employees or agents. 4.03 HMRG personnel shall be uniformed and equipped by their Member department. The costs for individual uniform and equipment items shall be incurred by the Member's department and not the HMRG. 4.04 The Executive Officer shall make periodic HMRG-owned equipment and supply inventory surveys to make sure that all supplies and equipment is returned, replaced or replenished. SECTION VI EMPLOYEES 5.01 Workers' Compensation. Each Member shall be responsible for injuries to or death of its own employees in conjunction with services provided pursuant to the Agreement. Each Member shall maintain workers' compensation insurance coverage or self-insurance coverage, covering its own personnel while they are providing assistance as a member of the HMRG. Each Member waives the right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 5.02 Any employee of a Member responding to a hazardous material or terroristic threat incident where the HMRG is involved shall not be considered to be an employee of the HMRG. The employee shall remain an employee of the Member that has assigned him or her to the HMRG and shall be paid by that Member, not the HMRG. Governing Board members also shall not be considered to be employees of the HMRG. Governing Board members shall be compensated by the appointing Member, not the HMRG. 5.03 Employees of Members responding to a hazardous materials or terroristic threat incident where the HMRG is involved will work cooperatively with oth~r Members' employees. 328945vl SJS SH155-23 5 5.04 The Member dispatching the employee shall furnish the employee with equipment and a vehicle and pay any lease/loan payments, insurance, maintenance and operating costs for the vehicle or equipment. SECTION VII INDEMNIFICATION 6.01 The HMRG shall defend and indemnify the Members for any claims arising out of actions taken by the Governing Board, its board members, the Executive Officer or the HMRG Superintendent pursuant to this Agreement. The HMRG shall defend and indemnify the employees of any Member acting pursuant to the Agreement except for any act or omission for which the employee is guilty of malfeasance, willful neglect of duty or bad faith. This Agreement to defend and indemnify does not constitute a waiver by the HMRG or any Member of the limitations on liability provided by Minnesota Statutes Chapter 466. SECTION VIII DURATION, DISSOLUTION OF THE AGREEMENT 7.01 Dissolution. This Agreement shall remain in full force and effect unless two-thirds of the Members' governing bodies vote in favor of dissolution, if dissolution is necessitated by operation of law as a result of a decision by a court of competent jurisdiction, or when two-thirds of remaining Members agree to terminate the Agreement upon a date certain. 7.02 Withdrawal. Any Member may terminate its participation in this Agreement upon sixty days written notice to the HMRG Superintendent and the Executive Officer. The Member will be responsible for its portion of any fees or costs incurred by the HMRG up to the termination date. Withdrawal by any Member shall not terminate this Agreement with respect to any parties who have not withdrawn. Withdrawal shall not discharge any liability incurred by any Member prior to withdrawal. Such liability shall continue until discharged by law or agreement. 7.03 Effect of Termination. Termination of this Agreement shall not discharge any liability incurred by the HMRG or by the Members during the term of this Agreement. Upon termination of this Agreement and after payment of all outstanding obligations, property, equipment or surplus money held by the HMRG shall be disbursed as follows: A. All individually-owned property and equipment brought into the HMRG by a Member remains the property of that Member; and B. Any remaining property, equipment and any surplus money owned by the HMRG shall be distributed equally to the current Members. SECTION IX AMENDMENT 8.01 Modification. This Agreement sets forth all understandings of the Members. All prior _ agreements, understandings, repres~ntations whether consistent or inconsistent, verbal or written, 328945vl SJS SH155-23 6 concerning this Agreement, are merged into and superseded by this written Agreement. No modification or amendment to the Agreement shall be binding on any Member unless each Member agrees in writing to the proposed change or amendment. 8.02 Submittal. Any member wishing to submit an amendment to this Agreement shall do so by submitting a written proposal to the Qoverning Board at a regularly scheduled or special meeting. The Governing Board shall forward the proposed amendment, with a recommendation, to each Member within ninety days of receipt of the proposed amendment. 8.03 Response to Proposed Amendment. Each Member shall respond to a proposed amendment within sixty days of receipt from the Governing Board. If no response is received from any Member, the amendment is deemed to be rejected. 328945vl SJS SHI55-23 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year first above written, intending to be bound thereby. COUNTY OF SCOTT By: Barbara Marschall, Chair Board of Scott County Commissioners Date: ,2008 Attested to: David J. Unrnacht Scott County Administrator Date: ,2008 CITY OF BELLE PLAINE By: Thomas Meger Mayor, City of Belle Plaine Attested to: David Murphy Belle Plaine City Administrator Date: ,2008 328945vl SJS SH155-23 8 ELKO NEW MARKET By: Kent Hartzler Mayor, City of Elko New Market Attested to: Thomas Terry Elko New Market City Administrator Date: ,2008 CITY OF JORDAN By: Ron Jabs Mayor, City of Jordan Attested to: Edward Shukle Jordan City Administrator Date: ,2008 CITY OF NEW PRAGUE By: W.A. Bender Mayor, City of New Prague Attested to: Jerome Bohnsack New Prague City Administrator Date: ,2008 328945vl SJS SH155-23 9 CITY OF PRIOR LAKE By: Jack Haugen Mayor, City of Prior Lake Attested to: Frank Boyles Prior Lake City Manager Date: ,2008 CITY OF SAVAGE By: Mayor, City of Savage Attested to: Barry Stock Savage City Administrator Date: ,2008 328945vl SJS SH155-23 10 CITY OF SHAKO PEE By: John Schmitt Mayor, City of Shakopee Attested to: Mark McNeill Shakopee City Administrator Judith S. Cox City Clerk Date: , 2008 SHAKO PEE MDEW AKANTON SIOUX COMMUNITY By: Its: By: Its: Date: ,2008 328945vl SJS SHI55-23 11