28E Agreement_Dubuque County for Hazard Materials Response
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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.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
E. Daniel Brown, Fire Chief
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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
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