HomeMy WebLinkAbout10C - JPA for Hazardous Materials Response Team
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
December 17, 2007 ~
10C
Frank Boyles, City Manag
CONSIDER APPROVAL OF A RESOLUTION APPROVING A JOINT POWERS
AGREEMENT FOR HAZARDOUS MATERIAL INCIDENTS AND TERRORIST
THREATS BY ORGANIZING A HAZARDOUS MATERIAL RESPONSE TEAM.
Introduction
The purpose of this agenda item is to approve a resolution authorizing the Mayor
and City Manager to execute a Joint Powers Agreement regarding hazardous
material incidents and/or terrorist threats by organizing a hazardous material
response team.
Historv
The Prior Lake Fire Department works with other south-of-the-river fire
departments through Joint Powers Agreements and Mutual Aid Agreements.
Joint Powers Agreements allow organizations with the same statutory powers
and authority to form an organization to work together as one legal entity.
Current Circumstances
The purpose of this Joint Powers Agreement is to establish a hazardous material
response group. Entities to be included in the joint powers group include Scott
County, Belle Plaine, Elko New Market, Jordan, New Prague, Prior Lake,
Savage, Shakopee and the Shakopee Mdewakanton Sioux community. The
purpose of the Joint Powers Agreement is to:
. reduce costs of teaching necessary specialized skills,
. maintain training and skills of individual members,
. enhance the safety of fire and medical personnel and the citizens they serve,
. assist other response teams who may be working with these personnel.
The Joint Powers Agreement defines the purpose, administration, leadership,
policies, procedures, equipment, protocols, coverage area and liability of each
participating entity and is activated by the fire chief of the community in which the
incident takes place. The Scott County Director of Emergency Management acts
as the superintendent of the joint powers entity to oversee the day-to-day
business of the organization. An executive officer is elected annually by the
members participating in the Joint Powers Agreement with each member
participating in the entity entitled to one vote. The executive officer will chair
meetings, coordinate debriefings, post incident analysis and critique all incidents.
Costs of the organization are to be apportioned based upon the action of
membership.
www.cityofpriorlake.com
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Conclusion
The City Council should determine if it wishes to participate in this Joint Powers
Agreement. A summary of the agreement is attached as is the agreement.
ISSUES:
Working together under a Joint Powers Agreement has been effective in allowing
government entities to partner in providing services which they do not have the
resources to provide separately. The Scott County entities that are proposed to
enter into this Joint Powers Agreement have already created a joint powers entity
for fighting fires and this is important for dealing with incidents involving
hazardous materials which may occur either intentionally or unintentionally.
FINANCIAL
IMPACT:
Although the specific savings is difficult to quantify, this joint powers agreement
will save money for the participating entities by allowing them to meet their
responsibilities without hiring additional personnel or replicating training for each
entity. Equally important, the agreement provides the resources to respond to
the most severe type of emergency calls we receive.
ALTERNATIVES:
1. Motion and second to approve the Joint Powers Agreement.
2. take no action and direct that the staff provide additional information.
RECOMMENDED Alternative #1.
MOTION:
M:\COUNCIL\AGENDA REPOHTS\2007\121707 Hazardous Material Response Team.DOC
A RESOLUTION APPROVING A JOINT POWERS AGREEMENT CREATING THE HAZARDOUS
MATERIALS RESPONSE GROUP AND AUTHORIZING THE EXECUTION OF SAME
Motion By:
Second By:
WHEREAS, Scott County cities, Scott County and Shakopee Mdewakanton Sioux Community have
a long history of cooperation in emergency service delivery; and
WHEREAS, These agencies desire to further strengthen their cooperative efforts in the area of
hazardous material incidents response and terrorist activities; and
WHEREAS, A Joint Powers Agreement has been prepared, distributed, reviewed and modified by
the attorneys of the respective agencies.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Joint Powers Agreement for the Hazardous Materials Response Group (HMRG) is hereby
approved.
3. The Mayor, City Manager, Fire Chief and City Attorney are authorized to execute the agreement on
behalf of the City.
PASSED AND ADOPTED THIS 1ih DAY OF DECEMBER 2007.
Haugen Hauaen
Erickson Erickson
Hedbera Hedbera
LeMair LeMair
Millar Millar
YES
NO
Frank Boyles, City Manager
M\COUNCIL\RESOLUTI'Admin\2007\ 121707 Hazardou~w~ior1ake.com
Phone 952.447.9800 / Fax 952.447.4245
Haz- Mat
Joint Powers Agreement! SOG
Overview
Hazardous Material Team
Team is made up of all Fire Departments in Scott County plus New Prague
Ambulance, Belle Plaine Ambulance and the Scott County Sheriff Office.
Team was form four years ago to help Cities deal with specialize incident, share
resources.
Team has received funding through Federal Grants administered by the
Emergency Manager.
Team holds four training drills through out the year. Over 40 members attend
each drill. Team also assists with individual department training.
Team also has assisted with training of Police, Fire and Ambulance department
within the County.
Team has assisted local Fire department at Haz Mat calls within the County.
Joint Power Agreement
First part is the legal document setting up the team. A new joint power agreement is
needed to include the Scott County Sheriff office into the group. Legal mumble jumble.
Key Points -
. Does require each Department to be trained to minimum of a
Awareness Level
. Sets coverage area as all of Scott County. Fire Chief can activate the
group to respond outside of Scott County when an incident outside
Scott County threatens Scout County or when the HMRG would be
beneficial to mitigating an incident.
. Establishes a HMRG Superintendent (Scott County Deputy Director of
Emergency Management. Persons oversee day to day business of the
group in concert with the Executive Officer. Keep tract of records;
Review all aspect of the HMRG for improvement. Keeps the Scott
County Mutual Aid Association informed of the group activities.
. Establishes an Executive Officer. Shall be elected by the group. Run
the meetings; make sure the group is reimbursed where appropriate.
He or his designee is in charge of group at incident.
. Establish that there will be one representative from each department.
Standard Operating Guidelines
Model after Carver County
Key Points-
. Membership
o Individual member must meet the following requirements and
be approved by the board:
· Active member of a participating department and have
written approval of their Chief.
· Trained to Haz-Mat Operational.
· Maintain certifications and participates in the groups
training and meetings.
. Medical Surveillance
o Individuals trained to Opp's must meet the medical
surveillance and respiratory protection requirements for their
respective Departments
o Individuals trained to Technician Level or above shall meet the
medical surveillance and respiratory protection requirements as
defined by OSHA Reg. 1910.120
. Identification card
o Provided by Scott County will be issued to each member to
help with scene control.
. Board Make up
o Executive Chair
o Vice Chair
o Secretary
o Training Coordinator(s)
o Equipment Coordinator
o Medical Representative
o Law Enforcement Representative
o Fire Chief Representative
o Scott County Emergency Management
o Director( s)
. Fee Schedule (not completed yet)
o Required for FEMA
o Help ease the financial burden on participating Departments,
usually paid by owner of the incident.
. CallOut Procedure
Three level callout system.
· Level One - Fire Chief contact Scott Dispatch and
request the team. Dispatch will contact a duty officer
for the group. Currently all board members will be duty
officer may change has group evolves. Duty Officer
will respond to the scene; probably will be two duty
.
officers responding. Duty officer will confer with
incident commander to discuss incident and what we
can provide to assist. This discussion can happen by
phone.
Level Two - Appropriate air monitor team and any
other specialize equipment that the duty officer
determines to be needed. Can also include a partial
response of team members.
Level Three - The complete group will respond.
.
Right now team members will be paged out by each department page.
Only members of the team are ask to respond. Working towards a separate
page for the team.
Other item to be included is that all departments must stay active in the group (only needs
to be one person) to retain the use of the grant equipment. If you drop out, the equipment
that has been provided to you will be redistributed to other departments.
JOINT POWERS AGREEMENT
THIS AGREEMENT made and entered into this day of ,
2007, by and between the County of Scott, (hereinafter referred to as the "County"), and
the Cities of Belle Plaine, Elko New Market, Jordan, New Prague, Prior Lake, Savage,
and Shakopee, (hereinafter referred to as the Cities) and the Shakopee Mdewakanton
Sioux (Dakota) Community, a Sovereign Indian Tribe, federally recognized under
Section 16 of the Indian Reorganization Act of 1934,25 V.S.C., 476, located in Scott
County (hereinafter referred to as SMSC). The participating entities to this Joint Powers
Agreement are units of government responsible for providing governmental services
pursuant to law within their respective jurisdictions. This Joint Powers Agreement is
made pursuant to authority conferred by Minnesota Statutes ~ 471.59 and related federal
and state statutes.
WITNESSETH:
WHEREAS, the County, Cities, and SMSC (collectively "participating entities")
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 entities
that perform actual incident response and management;
WHEREAS the fire departments within the county, represented by the Fire Chief
of each participating entity, meet and exchange information through an informal
association entitled the Scott County Mutual Aid Association (hereinafter referred to as
the "Association"); and
WHEREAS, an informal entity, made up of representatives of the participating
entities knowledgeable in hazardous materials incident response, has been regularly
meeting to maintain communication, instruction and awareness of ongoing issues; and
WHEREAS, the County, the Cities and SMSC desire to cooperatively carry out
their responsibilities and duties regarding responses to hazardous material incidents
and/or terroristic threats by organizing a joint powers organization for a Hazardous
Material Response Group with uniform guidelines.
NOW THEREFORE, the undersigned governmental units, in the joint and mutual
exercise of their respective powers, agree as follows:
1. PURPOSE
The purpose of this Joint Powers Agreement is to create a regional response group
of fire and medical services in Scott County, to be called the Hazardous Materials
Response Group ("HMRG"), in order to accomplish the following:
. Reduce the costs of teaching and maintaining training and skills of individual
members of the member fire and medical departments and services;
. Enhance the safety of the personnel of the fire and medical departments and
services in the county, and the citizens that they serve, in the event of a hazardous
materials emergency; and
. To assist other fire and medical departments and services within the county, and
the State of Minnesota or other response teams when working within our
jurisdictions.
2. PARTICIPATING MEMBERS
All fire and medical departments and services within the county are eligible to
participate in the HMRG. All participating fire and medical services shall maintain a
competency for all their respective department members at a minimum of Awareness
Level (FF 1) as per the Standard for Professional Competence of Responders to
Hazardous Materials Incidents, NFP A 472 as a minimum requirement.
3. SCOPE
The scope of the joint powers organization for a HMRG (:JPO/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 incident. The
HMRG shall not take over Incident Command of any incident from the host fire and/or
medical department (s) or service(s).
4. SAFETY STATEMENT
The objective of the HMRG is to safely mitigate a hazardous materials incident
emergency, with the emphasis on safety. Standard Operating Guidelines, designed to
protect the HMRG's members and residents within the county shall be adopted by the
JPO!HRMG.
5. COVERAGE AREA
The HMRG shall provide protection within the borders of county fire and medical
departments' and services' jurisdiction. A fire and/or medical department or service
within the county may use the HRMG team for extending mutual aid when the following
guidelines are complied with:
a. The Fire Chief of a participating entity, or his/her designee, has responded to
the scene to assess the situation.
b. The Fire Chief or hislher designee may activate the group to respond to an
emergency outside of the participating entity's jurisdiction when the incident in the
surrounding community threatens the County or the cities therein, and/or the HMRG
would be beneficial to mitigating an incident.
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c. A Hazardous Materials Sector shall be established and controlled by the JPO/
HMRG with a HMRG liaison person assigned within the command post.
d. A HMRG unit responding outside of Scott County must follow the Fire
Medical Standard Operating Guidelines, adopted by the JPO/HRMG, to provide the
control and safety necessary for the HMRG.
6. HMRG SUPERINTENDENT
The HMRG Superintendent shall be the Scott County 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 Mutual Aid
Association ("Association").
The HMRG Superintendent or his /her designee shall direct and oversee the
general business of the HMRG and, in concert with the Executive Officer, communicate
and interact with the participating entities.
The HMRG Superintendent, or his/her designee, shall ensure the overall standards
of the HMRG are met.
The HMRG Superintendent or his/her designee shall periodically review all
aspects of the HMRG and facilitate improvements as required.
The HMRG Superintendent, and/or the Executive Officer shall attend all
Association meetings and shall keep the Association and the participating entities
informed of the activities of the HMRG.
7. EXECUTIVE OFFICER
An Executive Officer shall be elected annually at the April meeting of the
Association from the individual members of the participating entities' fire department.
Each member of the Association shall have one (1) vote
The Executive Officer, or his/her designee, shall manage and supervise the daily
business of the JPO/HMRG, and may attend conferences and seminars to obtain
information that will enhance the operations of the HMRG.
The Executive Officer shall attend all Association meetings and shall keep the
Association and the participating entities informed of the activities of the HMRG.
The Executive Officer, or his/her designee, shall conduct all executive and group
meetings of the JPO/HMRG and shall organize, coordinate and/or record the Debriefing,
Post Incident Analysis, and Critique of all incidents.
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The Executive Officer, or his/her designee, shall ensure that all supplies used are
replenished and/or that all monetary costs are reimbursed when and where possible
appropriate, including collection procedures.
The Executive Officer, or his/her designee, shall conduct inventory surveys on a
timely basis or at the call of the Superintendent.
8. DEPARTMENT REPRESENTATIVE.
The Fire Chief of each participating fire and medical department or service shall
appoint a Department Representative as the contact for the JPOIHMRG. This individual
shall attend meetings of the JPOIHMRG and keep their respective fire and medical
service aware of HMRG activities.
9. LIABILITY
Any person, as defined in Minn. Stat. 299A.49, subd. 6, who provides personnel
and equipment to assist at the scene of a hazardous materials response incident outside
the person's geographic jurisdiction or property, at the request of the state or local unit of
government, is not liable for any civil damages resulting from acts or omissions in
providing assistance, unless the person acts in a willful and wanton or reckless manner in
providing the assistance, pursuant to Minn. S Stat. 299A.51, subd. 3.
10. WORKERS COMPENSATION
Each participating entity in the JPOIHRMG shall be responsible for injuries to or
death of its own personnel. Each participating entity of the JPOIHRMG shall maintain
worker's compensation insurance or self-insurance coverage, covering its own personnel
while they are providing assistance pursuant to this Joint Powers Agreement. Each
participating entity to the JPOIHRMG waives the right to sue any other participating
entity for any workers' compensation benefits paid to its own employee or volunteer or
their dependents, even if the injuries were caused wholly or partially by the negligence of
any other participating entity or its officers, employees, or volunteers.
11. TERM
The term of this Joint Powers Agreement shall commence on the date of
execution by the last party and shall continue in effect unless terminated by law or
according to section 12 below.
12. TERMINATION
Any participating entity may terminate its participation upon sixty (60) days
written notice to the Superintendent and Executive Officer. Each participating entity
shall be responsible for any fees or costs incurred or liable, through the termination date.
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This Joint Powers Agreement shall terminate upon withdrawal of two-thirds (2/3) of the
participating entities or by mutual agreement of the participating entities.
14. AMENDMENT
This Joint Powers Agreement may be amended upon agreement of the
participating entities, authorized and signed in same manner as this Joint Powers
Agreement.
IN WITNESS WHEREOF, the participating entities have caused this Joint
Powers Agreement to be duly executed, intending to be bound thereby.
COUNTY OF SCOTT
APPROVED:
By:
Dated:
, 2007
Barbara Marschall, Chair
Board of Scott County Commissioners
Attested to:
Approved as to form:
David J. Unmacht
Scott County Administrator
Pat Ciliberto
Scott County Attorney
Date:
, 2007
Date:
, 2007
CITY OF BELLE PLAINE
APPROVED:
By:
Thomas Meger
Mayor, City of Belle Plaine
Chris Meyer
Belle Plaine Fire Chief
Approved as to form
David Murphy
Belle Plaine City Administrator
Robert Vose
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Date:
,2007
CITY OF ELKO NEW MARKET
APPROVED:
By:
Kent Hartzler
Mayor, City of Elko New Market
Thomas Terry
Elko New Market City Administrator
Date:
, 2007
CITY OF JORDAN
APPROVED:
By:
Ronald Jabs
Mayor, City of Jordan
Ed Shukle
Jordan City Administrator
Date:
, 2007
CITY OF NEW PRAGUE
APPROVED:
By;
Bink Bender
Belle Plaine City Attorney
Date:
, 2007
Robert Friedges
Elko New Market Fire Chief
Approved as to form
Campbell Knutson
Elko New Market City Attorney
Date:
, 2007
Steve Kochlin
Jordan Fire Chief
Approved as to form:
Annette Margarit
Jordan City Attorney
Date:
, 2007
Mark Vosejpka
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Mayor, City of New Prague
Jerome Bohnsack
New Prague City Administrator
Date:
, 2007
CITY OF PRIOR LAKE
APPROVED:
By:
Jack Haugen
Mayor, City of Prior Lake
Frank Boyles
Prior Lake City Manager
Date:
, 2007
CITY OF SAVAGE
APPROVED:
By:
Thomas Brennan
Mayor, City of Savage
Barry Stock
Savage City Administrator
Janice E. Saarela
Savage City Clerk
New Prague Police Chief
Approved as to form:
Christopher Neisen
New Prague City Attorney
Date:
Doug Hartman
Prior Lake Fire Chief
Approved as to form:
, 2007
Suesan L. Pace
Prior Lake City Attorney
Date:
Joel McColl
Savage Fire Chief
Approved as to form:
, 2007
Ric Rosow
Savage City Attorney
Date:
7
, 2007
Date:
, 2007
CITY OF SHAKOPEE
APPROVED:
By:
John Schmitt
Mayor, City of Shakopee
Ed Schwaesdall
Shakopee Fire Chief
Approved as to form:
Mark McNeill
Shakopee City Administrator
James J. Thomson
Shakopee City Attorney
Judy Cox
City Clerk
Date:
, 2007
Date:
, 2007
SHAKOPEE MDEW AKANTON SIOUX COMMUNITY
APPROVED:
Stanley Crooks, Chair
SMSC Business Council
Kai Hjermstad
Mdewakanton Fire Emergency
Services
Date:
,2007
Date:
2007
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