HomeMy WebLinkAbout15.F.1. Hazmat Joint Powers Agreement
CITY OF SHAKOPEE IS, t /,
Memorandum
TO: Mayor and City Council C~~'SEN
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FROM: Mark McNeill, City Administrator " i' .
SUBJECT: Hazmat Joint Powers Agreement
DATE: February 22,2005
INTRODUCTION:
The Council is asked to approve participation in the Scott County Hazmat (Hazardous
Materials) Joint Powers Agreement with seven other cities, the County, and the Shakopee
Mdewakanton Sioux Community.
BACKGROUND:
The Emergency Management Division of the Scott County Sheriffs Department is
charged with utilizing Federal dollars that are available as a result of the creation of the
Homeland Security Department. Since those monies became available, it has been
determined that the best use can be accomplished if the County, cities, and Mdewakanton
Sioux can work together to share resources and training among all first responders in the
County for hazardous materials situations. This is primarily fire, and EMS staffing.
As a result, a Joint Powers Agreement was negotiated last fall; participating jurisdictions
are now being asked to enter into this.
The Joint Powers Agreement calls for the creation of a Hazardous Materials Response
Group (HMRG). All fire and medical services within the County are eligible to
participate in the HMRG.
The Hazmat Joint Powers Agreement is similar to the arrangements ~hat individual cities
have had for fire mutual aid agreements, only this is for hazmat on a County-wide basis.
BUDGET IMP ACT:
Some components of this will be eligible for reimbursement through Federal Homeland
Security monies. Otherwise, each Citywill be responsible for typical costs seen in joint
powers agreement for emergency services. For example, work comp issues would go
through the respective individual employing jurisdiction.
RECOMMENDATION:
I recommend that the City enter into the Hazmat Joint Powers Agreement.
ACTION REQUIRED:
If the Council concurs, it should, by motion, authorize the appropriate City officials to
sign the Scott County Hazmat Joint Powers Agreement as attached.
iljuLi~
Mark McNeill
City Administrator
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SCOTTCOUNTYHAZMAT
JOINT POWERS AGREEMENT
THIS AGREEMENT made and entered into this twenty eighth day of September,
2004, pursuant to Minn. Stat. 9471.59, by and between the County of Scott, (hereinafter
referred to as the "County"), and the Cities of Belle Plaine, Jordan, New Market, New Prague,
Prior Lake, Savage and Shakopee, hereinafter referred to as the "Cities", bodies corporate and
politic existing under the laws of the State of Minnesota; and the Shakopee Mdewakanton
Sioux (Dakota) Community, (hereinafter referred to as Mdewakanton Sioux Community), a
Sovereign Indian Tribe, federally recognized under Section 16 of the Indian Reorganization
Act of 1934,25 U.S.C., 476, located in Scott County.
WITNESSETH:
WHEREAS, Minnesota Statutes 9 471.59 authorizes local governmental units to jointly
or cooperatively exercise any power common to the contracting parties;
WHEREAS, the County and cities, are the responsible authorities for providing
hazardous materials/terroristic threat responses within their jurisdictional boundaries;
WHEREAS the County receives federal funds for equipment and training under the
Homeland Security Office and is responsible for distributing the same to the cities that perform
actual incident response and management;
WHEREAS the fire and medical and county services within the county meets and
exchange information through an informal association entitled the Scott County Mutual Aid
Association (Association); and
WHEREAS, the County and the cities desire to cooperatively carry out their
responsibilities and duties regarding responses to hazardous material incidents and/or
terroristic threats by organizing a hazardous material response group with uniform guidelines.
NOW THEREFORE, in consideration of the mutual promises and benefits that Scott
County, the cities, and Mdewakanton Sioux Community, shall derive here from, the parties
hereby enter into this joint powers agreement for the purposes herein.
Regional Response Organization Concept
The Scott County Fire & Medical Services Hazardous Materials Response Groul2. (hereinafter
referred to as "HMRG") is based on the concept that the fire and medical services within Scott
County are responsible for maintaining group members with advanced training and skills.
HMRG is a cooperative effort to reduce the costs of teaching and maintaining such training
SCOTT COUNTY HAZMAT JOINT POWERS AGREEMENT
and skills for all participating fire and medical and Safcom services. Standard Operating
Guidelines have been designed to protect the HMRG members and the citizens of Scott
County.
Mission Statement of the HMRG
To enhance the safety of personnel of the fire, medical and Safcom services and districts in
Scott County, and the citizens that they serve, in the event of a hazardous materials emergency
and to assist the State of Minnesota or other response teams working within our jurisdictions.
Participating Departments
All Scott County fire, medical and Safcom services are eligible to participate in
HMRG. All participating Scott County fire, medical and Safcom services shall maintain a
competency for all their respective department members at a minimum of Awareness Level as
per the Standard for Professional Competence of Responders to Hazardous Materials Incidents,
NFP A 472 as a minimum requirement.
Scope
The scope of the HMRG is to assist the incident commander and fulfill the
requirements of the Hazardous Materials. sector of the Incident Command System during a
hazardous materials/ terrorist incidents. The HMRG shall not take over Incident Command of
any incident from the host fire and/or medical service(s).
Safety Statement
The objective of the HMRG is to safely mitigate a hazardous materials incident
emergency, with the emphasis on safety.
Coverage Area
The HMRG shall provide protection within the borders of the Scott County fire and medical
services fire jurisdiction.
A Scott County fire and/or medical service may use the team for extending mutual aid when
the following guidelines are followed:
l. The Fire or Medical Chief from a Scott County fire and/or medical service, or his/her
designee, has responded to the scene to assess the situation.
2, The Fire or Medical Chief or his/her designee may activate the group to respond to an
emergency outside of Scott County when the incident in the surrounding community
threatens Scott County and/or the HMRG would be beneficial to mitigating an incident.
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SCOTT COUNTY HAZMAT JOINT POWERS AGREEMENT
3. A Hazardous Materials Sector shall be established and controlled by the HMRG with a
HMRG liaison person assigned within the command post.
4. The HMRG unit responding outside of Scott County must follow the Scott CoUnty Fire
Medical Standard Operating Guidelines to provide the control and safety necessary for
the HMRG.
HMRG Superintendent
The HMRG Superintendent shall be the Scott County Deputy Director of Emergency
Management as appointed by the Scott County Board of Commissioners. This individual shall
perform the primary liaison function between the HMRG and the Scott County Mutual Aid
Association.
The HMRGSuperintendent or his /her designee shall oversee the daily business ofthe HMRG,
and in concert with the HMRG Chairperson, communicate and interact with other agencies.
The HMRG Superintendent, or his/her designee shall ensure the overall standards of the
HMRG are met. The superintendent or his/her designee shall periodically review all aspects of
the HMRG and facilitate improvements as required.
The HMRG Superintendent, and/or the HMRG Chairperson shall attend all Scott County
Mutual Aid Association meetings, and shall keep the Association informed ofthe activities of
the HMRG.
HMRG Chairperson
The HMRG Chairperson, hereinafter called Chairperson, shall be elected by the HMRG Board
and shall serve a term of two years. He/she maybe re-elected.
The Chairperson or his/her designee shall manage the daily business ofthe HMRG, and shall
attend conferences and seminars to obtain information that will enhance the operations of the
HMRG.
The Chairperson, or his/her designee shall attend all Scott County Mutual Aid meetings and
shall keep the Association informed ofthe activities of the HMRG.
The Chairperson, or his/her designee, shall conduct all executive and group meetings ofthe
HMRG. The Chairperson, or his/her designee, shall organize, coordinate and/or record the
Debriefing, Post Incident Analysis and Critique of all incidents.
The Chairperson, or his/her designee, shall ensure that all supplies used are replenished and or
that all monetary costs are reimbursed when and where appropriate.
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SCOTT COUNTY HAlMA T JOINT POWERS AGREEMENT
The Chairperson, or his/her designee, shall conduct inventory surveys on a timely basis, or at
the call ofthe Coordinator.
Fire & Medical Services Representative
Each Fire and/or Medical services Chief shall appoint a Department Representative as
the contact for the HMRG. This individual shall attend meetings ofthe HMRG and keep their
respective fire and medical services abreast of the HMRG activities.
Liability
Any person who provides personnel and equipment to assist at the scene of a hazardous
materials response incident outside the persons geographic jurisdiction or property, at the
request ofthe local unit of government, is not liable for any civil damages resulting from acts
or omissions in providing assistance, pursuant to Minn. Stat. 9 299A.51.unless the person acts
in willful and wanton or reckless manner in providing the assistance.
Workers Compensation
Fire or medical service individuals shall be covered for workers' compensation
through their respective employer while operating with the HMRG. Non fire or medical
service members shall be covered for worker's compensation through their membership in the
Scott County Safcom volunteer program.
Term
The teml ofthis agreement shall commence on the date of execution of the agreement
and shall continue in effect unless terminated by law or according to Section 7 below.
Termination
Any party may terminate its participation upon sixty (60) days written notice to the
other party's authorized agent. Any Scott County Hazmat equipment previously assigned to
the terminating department will be returned to Scott County Emergency Management Division
of the Sheriffs Office for redeployment.
Amendment
This agreement may be amended upon agreement of the parties, authorized and signed
in same manner as this agreel11ent.
IN WITNESS WHEREOF, the parties have caused this Joint Powers Agreement to be
duly executed, intending to be bound thereby:
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SCOTT COUNTY HAZMAT JOINT POWERS AGREEMENT
City of Shakopee
By:
Mayor John J. Schmitt
By:
Mark McNeill, City Administrator
By:
Judith S. Cox, City Clerk
Dated: