Loading...
28E Agreement_Dubuque County for Hazard Materials Response D~~~E ~cÆ~ MEMORANDUM December 27,2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 28E Agreement for Hazardous Materials Response with Dubuque County Fire Chief Dan Brown is recommending City Council approval of a 28E Agreement for Hazardous Materials Response with Dubuque County. I concur with the recommendation and respectfully request Mayor and City Council approval. ¡;1~lj ~¡JzL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager E. Daniel Brown, Fire Chief .~....~ ~,t >.0-'" CITY OF DUBUQUE, IOWA MEMORANDUM December 16, 2004 TO: Michael C. Van Milligen, City Manager FROM: E. Daniel Brown, Fire Chief <Z: 1) ß SUBJECT: 28E Agreement for Hazardous Materials Response with Dubuque County Attached are the 28E agreement for Hazardous Materials Response with Dubuque County and the resolution by Dubuque County Board of Supervisors authorizing the Board Chairperson to sign the 28E Agreement with the City of Dubuque. This agreement has been updated from the previous agreement that the city has had with Dubuque County and has been reviewed by Corporation Counsel Barry Lindahl. The most significant change is in Section 6 that refers to the annual fee that the county shall pay the city for hazardous materials response. The fee is based on personnel costs for round the clock stand-by readiness, vehicle and equipment maintenance, and training costs. I am recommending that this agreement with the Dubuque County be submitted for approval by the Mayor and City Council. The agreement requires signatures of the Mayor, City Clerk and Corporation Counsel. The county is requesting that a copy of the fully executed document be returned to them when completed. EDB/jl ::butUfjUl' Counl'J Board 0/ Supervijo,.j PHONE: 563-589-4441 FAX: 563-589-7884 EMAIL: brdofsup@dbqco.org December 13, 2004 ChiefE. David Brown City of Dubuque Fire Department II West 9th Street Dubuque, IA 52001-4839 Dear Dan: Enclosed is the original of the Haz Mat Dubuque County and a copy of the re executed document to us when co Sincerely, COURTHOUSE DUBUQUE, IOWA 52001-7053 DONNA L. SMITH JIM WALLER ERIC MANTERNACH n the City of Dubuque and lease return a copy of the fully -7.F RESOLUTION NUMBER r Ii - :~13 WHEREAS, the Dubuque County Boards of Supervisors recognize that there is an increase of instances of hazardous substance accidents creating hazardous conditions which endanger the well being of the general public; and WHEREAS, the City of Dubuque has trained personnel and acquired adequate equipment necessary to prevent pollution of the environment and injlllY to persons and property; and WHEREAS, the County will benefit fTom the expertise and training level that the City of Dubuque has achieved. NOW THEREFORE BE IT RESOLVED that the Dubuque County Board of Supervisors approves and authorizes the Chairperson to sign a 28E Agreement with the City of Dubuque which will provide fo r response by the City of Dubuque to incidents identified by the Iowa Department of Natural Resources, the Chief of the Fire Department within incorporated municipalities, and the Emergency Management Director, the Dubuque County Sheriff or local Fire Chief in unincorporated areas of the County. FURTHERS, reimbursement fTom the County to the City will include the full cost of supplies and materials, regular salaries of city employees for the period of time responding to a request, a proportionate share of the amortized cost of equipment, training and supplies annually determined by the Hazardous Materials coordinator, and the full cost of any additional persormel benefits or expenses as a direct result of responding under the 28E agreement. Resolution adopted this 13th day of December, 2004 (c:~r;ì/~f;~~l Eric Manternach, Chairperson Attest: Î'. . i,- . u< Denise :vr. Dolan. County Auditor 11101111111111111111 Doc ID: 005081100007 Type: QEN Recorded: 01/11/2006 at 03:07:31 PM Fee Amt: $37.00 Pape i of 7 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fila2005-00000593 Prepared by: Barry A. Lindahl, Corporation Counsel, 300 Main Street, Dubuque, lA 52001 (563) 583Ai 13 CHAPTER 28E AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE COUNTY, IOWA FOR RESPONDING TO HAZARDOUS SUBSTANCE EMERGENCIES This Agreement, dated the day of d.2e c�7-;�oo4 for reference purpose, is made and entered into by and between the City of Dubuque, Iowa, (City) and Dubuque County, Iowa, (County). WHEREAS, the parties recognize that because of modern technology, there is an increase of instances of hazardous substance accidents creating hazardous conditions endangering the well-being of the general public; and WHEREAS, the preservation of life and property of the general public depends upon the availability of properly trained personnel and adequate equipment; and WHEREAS, the provision of specially trained personnel and adequate equipment necessary to prevent pollution of the environment and injury to person and property is costly; and WHEREAS, City has such trained personnel and equipment and is willing to assist County in cases of hazardous substance accidents creating hazardous conditions affecting the environment. NOW, THEREFORE, in consideration for the mutual promises and covenants herein contained, the parties agree as follows pursuant to Iowa Code Chapter 28E: 1. RECITATIONS. The provisions contained herein, including the recitations set forth above, constitute the full agreement of the parties. 2. PURPOSE. The purpose of this Agreement is to provide for assistance by City to County in case of a hazardous substance emergency creating a hazardous condition by supplying City personnel and equipment. No separate entity is created by this Agreement. 3. DEFINITIONS. For purposes of this Agreement, the following definitions shall apply: "Hazardous condition" means the actual, imminent or probable spillage, leakage, or release of a hazardous substance which, because of the 4J31 OD S/, quantity, strength and toxicity of the hazardous substance, its mobility in the environment and its persistence, creates and immediate danger to the public health or safety of persons or property in Dubuque County. "Hazardous condition" also includes any accident involving hazardous materials required to be reported under section 321.266 (4) of the Code of Iowa (2003). "Hazardous substance" means any substance or mixture of substances that presents a danger to the public health or safety and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant or that generates pressure through decomposition, heat, or other means. "Hazardous substance" may include any hazardous waste identified or listed by the administrator of the United States environmental protection agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under section 307 of the federal Water Pollution Control Act as amended to January 1, 1977, or any hazardous substance designated under section 311 of the federal Water Pollution Control Act as amended to January 1, 1977, or any hazardous material designated by the secretary of transportation under the Hazardous Materials Transportation Act. "HazMat Team" means the Dubuque Fire Department Hazardous Materials Team, comprising Dubuque Fire Department personnel trained to the technician level and capable of Level A protection for team personnel. "Hot Zone", "Warm Zone", and "Cold Zone" shall have the meanings as defined in NFPA 472. "Irritant" means a substance causing or producing dangerous or intensely irritating fumes upon contact with fire or when exposed to air. (Iowa Code Section 45513-381 (2003). 4. INITIATING REQUESTS. All requests to City for aid, assistance, personnel or equipment must be made: a. By the Iowa Department of Natural Resources; b. Within any incorporated municipality, by the chief of the fire department; or c. Within unincorporated areas in the county, by the Dubuque County Emergency Management Director, the Dubuque County Sheriff or the fire chief of the jurisdiction where the hazardous condition occurred. All requests shall be directed to the Chief of the Dubuque Fire Department, or the Chiefs designee, and shall state the nature and extent of the hazardous condition so that a determination may be made by City as to personnel and equipment needed. S. PRIORITY OF REQUESTS. In the event two or more hazardous conditions arise at the same time, the priority of providing service shall be made pursuant to Dubuque Fire Department Standard Operating Guidelines set forth in the Dubuque Fire Department Hazardous Materials Operations Guide. 6. ANNUAL FEE. County shall pay to City an annual fee for each fiscal year (July 1 through June 30) or part thereof for the services provided by City pursuant to this Agreement. Such fee shall be determined by City based on City's actual annual cost for City's fiscal year to maintain City's hazardous material team response capabilities, The annual fee for the first fiscal year of this Agreement (July 1, 2004 through June 30, 2005) shall be $52 160.00 FY05 and shall be aid by County upon execution of this Agreement. Thereafter, County shall pay the annual fee on or before July 1 of each year. City shall notify County of any increase in the amount of the fee on or before March 1 prior to the beginning of the fiscal year in which such fee increase will take effect. City's actual annual costs shall be based on the following: a. Personnel costs for round-the-clock stand-by readiness, including wages and insurance costs for employees. All members of the Dubuque Fire Department are trained for the HazMat Team. However, the wage and insurance costs are computed only for the following6 employees who are assigned to HazMat on a daily basis: one (1) Captain, two (2) Lieutenants and three (3) Fire Equipment Operators. The duties for those employees are divided into 3 activities: ladder truck, medic unit and HazMat. Therefore, wage and insurance costs used to determine City's actual annual costs for those employees are divided by one-third. b. Vehicle maintenance and equipment used for hazardous materials response including survey and monitoring instrumentation that includes the following: • Calibration Gas • Detector Sensors and Batteries • Color metric tube replacement • Hazardous categorization supplies Level A protective suits • Computer replacement Vehicle fuels and maintenance 0 Self Contained Breathing Apparatus Maintenance c. Training costs for hazardous materials technician certification and continuing education of hazardous materials team members. County's annual fee shall be one-third of City's actual annual costs. 7. EXTRAORDINARY LOSSES. In addition to the annual fee set forth in paragraph 6, County shall reimburse City for all loss of or damage to City's equipment resulting from the providing of aid or assistance under this Agreement, unless such loss or damage is the result of intoxication or use of controlled substances, or the negligence, recklessness, wanton and willful or intentional misconduct of any officer, employee, agent or representative of the City. 8. SUPERVISION. The officer in charge of City personnel shall be the Chief of the Dubuque Fire Department or the Chiefs designee and such officer shall have direct control of and shall supervise the personnel and use of all apparatus, equipment and material of City and shall report to the Incident Commander. The fire chief of the jurisdiction where the hazardous condition occurs, or the fire chiefs designee, shall be the Incident Commander, unless otherwise designated by the governing body of the jurisdiction body where the hazardous condition occurs and such officer shall have responsibility for traffic control, evacuation, and crowd control. The fire chief of the jurisdiction where the hazardous condition occurs shall be the Incident Commander throughout the duration of the hazardous condition. The hazardous condition shall be controlled using the Incident Command System (ICS). The HazMat Team shall have a designated member in charge of operations of the HazMat Team and shall appoint a safety officer for the team and shall manage all functions that involve members of the HazMat Team. The HazMat Team shall perform operations in the Hot Zone. The local fire departments shall assist in the Warm Zone with such duties as decontamination, providing water supply and assisting at the supply vehicle. No emergency response personnel shall be allowed to assist the HazMat Team unless such personnel have NFPA 472 Operational Level Training. 9. INDEMNIFICATION. County shall defend, indemnify, and hold harmless City, its officers, and employees from any and all claims, actions, judgments, costs or expenses, including attorneys fees, arising from City's performance of this Agreement. However, this paragraph shall not apply to any claims, actions, judgments, costs or expenses caused by the intoxication or use of controlled substances, the negligence, recklessness, wanton and willful or intentional misconduct of any officer, employee, agent or representative of City. 10.THIRD PARTY RECOVERY. Nothing in this Agreement shall prevent City from recovering the costs of services rendered by City from a third party or from seeking reimbursement for such costs under any state or federal program which provides for the recovery of such costs. 11. REPORTING. City shall comply with all state and federal reporting requirements, including, but not limited to, regulations of the Iowa Department of Natural Resources and Environmental Protection Agency. 12. TERM, This Agreement shall be for an initial period of one year from the effective date and shall continue from year to year thereafter until terminated. 13.TERMINATION. Either party may terminate this Agreement at any time for any reason upon written notice to the other party by personal delivery or certified U.S. mail. Such notice shall be given not less than ninety days prior to the effective date of termination and the effective date of termination shall be stated in the notice. 14.AMENDMENT. This Agreement may be amended only by written instrument duly executed by the parties hereto. %EFFECTIVE DATE. This Agreement shall take effect upon the happening of all of the following: a. Its execution after acceptance and approval by the Dubuque City Council and the Dubuque County Board of Supervisors. b. The filing of an executed copy of this Agreement with the Secretary of State; and c. The filing of an executed copy of this Agreement with the Dubuque County Recorder. CITY OF DUBUQUE, IOWA DUBUQUE COUNTY, IOWA BOARD OF SUPERVISORS by by Te ance M. Duggan;)1101r Eric Mantemach, Chairman Attest: anne Schneider, City Clerk as to form: afry A. Lindahl rporation Counsel for City of Dubuque, Iowa Attest: Denise M. Dolan, County Auditor Approved as to form: Fred H. McCaw County Attorney for Dubuque County, Iowa State of Iowa ) ) ss: County of Dubuque ) On this 3"d day of January, 2005, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terrance M. Duggan, Jeanne F. Schneider, and Barry A. Lindahl, to me personally known, who, being by me duly sworn, did say that they are the Mayor, City Clerk, and Corporation Counsel respectively, of the City of Dubuque, Iowa; a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, and Terrance M. Duggan, Jeanne F. Schneider and Barry A. Lindahl acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. , All - 4 Notary Public in and for said State q S1, A,W hl WINTER CC: lM t' 11 NCJ.183274 A4Y" OCG ,(4i :SIGN EXPIRES ''�wF_ 2�14108