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HomeMy WebLinkAboutBremer - 28E Agmnt - 8.19.2024AGREEMENT for NORTHEAST IOWA RESPONSE GROUP This Agreement is entered into as of September 1, 2024, by and among the City of Waterloo, Iowa ("City") and each of the following Iowa counties: Allamakee, Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, Howard, Poweshiek, Tama, and Winneshiek (each a "County" and collectively "Counties"). This Agreement is made pursuant to Chapter 28E of the Code of Iowa for the purposes stated herein. RECITALS WHEREAS, Waterloo Fire Rescue, a department of City, has the support personnel and equipment to respond in the case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties; and WHEREAS, from time to time the Counties may need the assistance of City in case ofa hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County or Counties; and WHEREAS, the parties desire to enter into an Agreement for City to provide assistance to the Counties by supplying support personnel and equipment on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchange herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to provide assistance to the Counties by supplying support personnel and equipment in case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties. 2. Duration. (a) This Agreement shall be effective as of September 1, 2024. As of said date, it shall terminate and supersede the terms of the Agreement for Northeast Iowa Response Group theretofore in effect. This Agreement shall be in full force and effect until and including August 30, 2034. (b) Any party to this Agreement may unilaterally terminate its involvement herein by delivery of written notice of termination by certified mail, return receipt requested, to Waterloo Fire Rescue, Attn: Fire Chief, 425 East Third Street, Waterloo, Iowa, 50703. Delivery shall be deemed to occur within three (3) business days of mailing. If notice is delivered on or before March 31 of a given year, it shall be effective to teuuinate such parry's involvement herein as of the June 30 immediately following, and if notice is delivered after March 31 then it shall be effective as of June 30 in the next year. The notice of termination shall not be effective if (i) the notice does not comply with this subparagraph or (ii) the terminating party fails to render payment in full for all of its obligations that are due under this Agreement before June 30. 3. Organization and Administration. (a) The Northeast Iowa Response Group (hereinafter "NIRG") is hereby organized to discharge public and essential governmental functions to provide for the public health, safety, and welfare as set forth more fully in this Agreement. NIRG is not a separate legal or administrative entity, but the patties shall work cooperatively on the basis set forth herein. (b) NIRG shall be governed by a joint Board consisting of one designated member representative and an alternate representative from each County and City. The designated member representatives (including alternates) shall serve for one (1) year or until a successor is designated. If a County fails to make a permanent designation, then the member representative from that County shall be the Chairperson of the County Board of Supervisors. Alternate representatives shall have voting rights when designated member representatives are unable to attend NIRG meetings. The Fire Chief of Waterloo Fire Rescue or his/her designee shall be the designated member representative of City. (c) The joint Board shall form an Executive Board consisting of a chairperson, a vice - chairperson, and a treasurer, each elected by a majority of the designated member representatives of each County in attendance at a meeting called for the purpose of electing the Executive Board. All parties shall be given written notice of said meeting at least ten (10) days in advance, with the time and place designated. The Executive Board shall have full power and authority to act on behalf of the jointBoard. 4. Operations. The response procedures for NIRG shall be governed by the definitions attached hereto as Exhibit "A" and the standard operating procedures attached hereto as Exhibit "B". The response team shall be composed exclusively of personnel so designated by the Chief of Waterloo Fire Rescue. 5. Financing. (a) NIRG members shall bear a share of the costs and expenses on an annual per capita basis as follows: The total expense allocation for NIRG shall be divided by the number of persons in the entire membership area to yield the per capita expense. Payment by each County shall be deteuuined by the number of residents within said County multiplied by the per capita expense. (b) City shall provide trained personnel, maintenance and housing of equipment, and dispatching and information services for NIRG. City shall not be responsible for any other contribution or payment. 2 (c) The Counties shall provide (through the per capita assessment described above) the equipment necessary for the efficient and safe operation of NIRG and their respective shares of the costs of maintenance of said equipment, joint training facility cost, training expenses, including but not limited to travel, overtime occasioned by hazardous materials response or training, tuition to hazardous material training seminars, medical surveillance costs, and food and lodging. The member Counties shall further provide for the costs of their respective share of liability insurance premiums, the required medical expenses and physicals undertaken, and any additional personnel benefits or expenses as a result of this Agreement. Any additional unforeseen personnel costs incurred as a result of a response or training pursuant to this Agreement shall be borne by the Counties. (d) City shall invoice the County that requested a response for all costs of the response. Payment is due upon receipt of the invoice and shall be paid within sixty (60) days of invoicing, or bear interest at the rate of 12% per annum until paid. Any and all costs incurred in responding to a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County requesting said response shall be borne by the party responsible for said emergency. The County in which said response is made shall seek recovery of said costs from the legally responsible party. The County's duty to pay City under this subparagraph is not contingent on the County's collection of costs from the responsible party. Upon City's receipt of the County's payment in full, City will promptly assign to the County all of City's interest in any claim or cause of action that lies against any person or entity responsible for the emergency who may bear legal liability for response costs paid by the County (e) The County requesting NIRG response services shall be responsible for all costs incurred by NIRG and City while responding to the request. Nothing in this Agreement shall preclude the requesting County or Counties from recovering costs of services from any person or entity who may be legally liable therefor. To assist the Counties in the recovery of costs, City agrees to comply with all state and federal reporting requirements, including but not limited to the reporting requirement of the Iowa Depai intent of Natural Resources, the Environmental Protection Agency, including the National Response Team, and any others designated by law. (f) Only liable individually named Counties shall indemnify and hold harmless City, its officers, officials, employees, agents, and consultants, from and against any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, whether incurred prior to or during litigation, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels, which may in any way arise out of or result from this Agreement or a response hereunder, provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of the liable individually named Counties, anyone directly or indirectly employee! by them, or anyone for whose acts the individually named Counties may be liable, except to the extent caused by a party indemnified hereunder. Furthermore, the foregoing assumption of liability and indemnification shall apply to any liability of any type or character which may arise out of this Agreement and any response hereunder. (g) Each party to this Agreement shall have in full force and effect, within thirty (30) days of its execution of this Agreement, an ordinance placing the responsibility of the cost of 3 cleanup of any hazardous substance incident or emergency on the party who is found to be legally responsible for said incident or emergency. (h) City, its officials and employees, shall not acquire any rights or benefits from any County hereunder by way of worker's compensation, nor any benefits under any County's personnel programs covering medical and hospital care, sick pay, vacation pay, or severance pay. City will be responsible for providing worker's compensation insurance or comparable coverage for the members of the response team regardless of where the response team is working. 6. Disposition of Property. Except as otherwise provided in this paragraph, upon the partial or complete teunination of this Agreement ownership of all vehicles and/or equipment purchased for NIRG shall remain with City, to be utilized by the current Hazardous Material Response Team or for other fire suppression activities which shall be at the discretion of the Chief of Waterloo Fire Rescue. Any County that chooses to terminate its participation in this Agreement will forfeit all rights to equipment. If City chooses to terminate this Agreement, all equipment will be divided among the member Counties then participating in NIRG. 7. Miscellaneous. (a) Modification. No modification of any condition, provision, or term of this Agre ment shall be valid or of any effect unless made in writing and signed by all parties hereto. (b) Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting or removing such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be stricken, and shall be construed and enforced, as so limited. (c) Counterparts. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. (d) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Recipients and their respective successors and legal representatives Time is of the essence in the performance of this Agreement. 4 IN WITNESS WHEREOF, the parties have executed this Agreement for Northeast Iowa Response Group by their duly authorized representatives as of the date set forth below the signature of each party. CITY OF WATERLOO By: Quethiz 9--(4 Quentin HarL Mayor Attest: DIGITALLY SIGNED OEey efchfe DIGITALLY SIGNED Kelly Felchle, City Clerk 8/19/2024 COUNTY OF: BREMER By: Chairperon, Board of Supervisors Attest: Dated: Dated: 5 EXHIBIT "A" Definitions For purposes of this Agreement, the following definitions shall apply: (a) "Hazardous condition" means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance which, because of the quantity, strength, and toxicity of the hazardous substance, its mobility in the environment and its persistence, creates an immediate potential danger to the public health or safety of persons or property within the Counties at any of the following locations: (1) within the City of Waterloo; (2) within any other city in the Counties, including those which extend beyond the boundaries of the Counties; (3) within any other area within the boundaries of the Counties; or (4) onto land, into the water, or into the atmosphere within the state of Iowa, but outside of the Counties, which creates an immediate potential danger to the public health or safety of persons or propel iy within the Counties. Hazardous condition includes any accident involving hazardous materials required to be reported under Section 321.266(4) of the Code of Iowa. (b) "Hazardous substance" means any substance or mixture of substances that presents a danger to the public health or safety or environment and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant, or that, in confinement, generates pressure through decomposition, heat, or other means. The following are examples of substances which, in sufficient quantity, may be hazardous: acids; alkalis, explosives; fertilizers; heavy metals such as chromium, arsenic, mercury, lead and cadmium; industrial chemicals; paint thinners; paints; pesticides; petroleum products; poisons; radioactive materials; sludge; and organic solvents. "Hazardous substance" includes 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 of 1976 as amended, or any hazardous substance designated under Section 311 of the Federal Water Pollution Control Act as amended, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act, or any hazardous substance listed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. (c) "Responsible person" means the person, whether the owner, agent, lessor or tenant, in charge or the hazardous substance being stored, processed or handled, or the owner or bailee transporting hazardous wastes or substances whether on public ways or grounds or on private property where the spill would cause danger to the public or to any person or to the environment EXHIBIT "B" Standard Operating Procedures for Response to Hazardous Material Incidents in NIRG Area Given that multiple entities are parties to the Agreement, the incidence of Haz-Mat alauus is likely to increase. With that increase in alarms, the possibility of simultaneous hazardous material spills becomes greater. In order to guide decision making by the Waterloo Fire Rescue officer in charge at a Haz-Mat incident should two or more such alarms occur at the same time, the following procedures are to be followed: If, while conducting response activities at a hazardous condition, an additional report of a hazardous condition requiring response by the Waterloo Fire Rescue Hazardous Materials Team is received, the Chief of Waterloo Fire Rescue or his/her designee shall make the determination based on predetermined criteria as to whether a disengagement of the Waterloo response personnel and/or equipment is necessary to mitigate the subsequent incident. When disengagement is deemed necessary, it shall be accomplished as rapidly as persomlel andpublic safety allow. For the purpose of making such determination, a hazardous condition shall be categorized in accordance with the following three levels: LEVEL ONE: An incident of such a nature or scope that it can be safely mitigated by initial response apparatus and personnel from the local responding fire depar intent or district. Each fire department or district shall have proper equipment and have proper training to mitigatea Level One incident. The responding officer in charge shall determine when assistance is needed from the Haz-Mat team. Level One incidents are those that are generally smaller in size, require no evacuation beyond initial scene isolation and require minimal, if any, assistance from additional departments or agencies. Level One emergencies would, additionally, be those resulting from the release of: 40 gallons or less of common hydrocarbon liquids (gasoline, diesel fuel, fuel oil), low pressure natural gas or LP gas from fuel lines smaller than two inches in diameter, or less than 5 gallons of other flammable or combustible liquids, pesticides or corrosives that are easily containable and not posing an immediate exposure risk to the public, response personnel, property or environment. - Establish response levels. - L 1 - First units must be first responder/operations. - Must yearly update training. LEVEL TWO: An incident of such a nature or scope that a limited evacuation of areas beyond the immediate incident location is indicated, or response resources in addition to initially responding personnel and apparatus are needed. Level Two incidents would require assistance from other departments or agencies not initially responding, such as public works, health, road maintenance, Iowa Department of Transportation, or Iowa Department of Natural Resources. Level Two incidents would additionally be those releases of hazardous 1 substances not easily containable and posing an immediate exposure risk to the public, response personnel, property or environment in the immediate vicinity of the release. LEVEL THREE: An incident of such a nature or scope that evacuation of large areas is indicated and/or there exists an immediate, or potentially immediate, exposure risk to large segments of the public and response sector and property or the environment. Level Three incidents would likely result from release of large quantities of hazardous substances or moderately sized releases of exceptionally hazardous substances. - EMS and NFPA 473 (as a goal) Incident Handling and Jurisdiction If, while conducting response activities at a hazardous condition, an incident with a higher level of classification occurs, Waterloo Fire Rescue personnel shall be disengaged from the incident of lesser classification as soon as safely possible as determined by the Waterloo Fire Chief or his/her designee in order to respond to the incident of higher classification. When determining incident classification levels, those hazardous conditions occurring in densely populated areas or threatening extensive impact on water supplies, or which may have long-term effect, shall be given higher priority than those occurring in areas of lesser population. If, while conducting response activities at a hazardous condition, an incident of similar classification occurs, the Waterloo Fire Chief or his/her designee shall send an appropriate representative to the scene of the subsequent incident for the purpose of recommending mitigation and safety measures until such time as the Waterloo Fire Rescue personnel may respond. Personnel from the fire department or district having jurisdiction shall be dispatched at the receipt of a report of a hazardous condition for the purpose of establishing scene control and command. The chief or his/her designee of the fire department or district having jurisdiction shall function as incident commander. The Chief of Waterloo Fire Rescue or his/her designee shall have supervisory control over Waterloo Fire Rescue personnel and the use of equipment involved in a response Waterloo Fire Rescue personnel dispatched, in addition to those of the fire depatment or district having jurisdiction, shall function in an advisory and/or assisting role to the incident commander. 2