Agenda Item Wording:
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Fire Department Hazmat Memorandum of Understanding Extension with amendments - Authorize the City Manager to execute an updated amendment and extension of the Tulare & Kings County Interagency Hazardous Materials Team Memorandum of Understanding.
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Prepared by: Dan Griswold, Fire Chief dan.griswold@visalia.gov, 559-713-4220
Department Recommendation: Staff recommends the City Council authorize the City Manager to execute the updated amendment and extension to the Tulare & Kings County Interagency Hazardous Materials (Hazmat) Team Memorandum of Understanding (MOU).
Summary:
At the November 18, 2024 regular City Council meeting, Council authorized the City Manager to execute the amendment and extension of the Tulare-Kings County Interagency Hazmat MOU. Since authorization, two modifications to the MOU have been made, requiring the MOU to be approved again in writing by all partnering agencies. The November 18, 2024 staff report, that includes original summary of the process and amendments, is included as an attachment to this staff report.
This updated MOU amendment changes two of the original amendments:
Cost Recovery Among Parties - The original intent remains the same. This amendment adds a step for partnering agencies to meet and review the circumstances of the incident, the cost incurred, and the recovery efforts to date. This amendment also adds clarifying language explaining that once all recovery options are considered, agencies agree to proceed with the most viable option to include the agency having jurisdiction collecting, in a matter they deem appropriate, and reimbursing the Agencies of the MOU.
Tule River Indian Tribe included as an Agency to the MOU - Tule River is being removed from the MOU until a time when agreeable language can be approved by all parties. Tule River had proposed some wording modifications that were reviewed and modified by City of Visalia legal counsel. The modified proposal was given to Tule River and is being reviewed. Proceeding without Tule River was agreed upon to finalize the MOU with the understanding that Tule River could be added at a later date if desired.
Additionally, given the time it took to research and craft the original amendments, gather authorized signatures from partnering agencies, craft and approve the proposed wording changes, and gather authorized signatures a second time, Staff is recommending making the MOU amendment and extension effective date retroactive to July 1, 2025 through June 30, 2025.
Background Discussion:
A summary of the original amendment research and process is included within the attached November 18, 2024 staff report.
Following Council’s authorization at the November 18, 2024 regular council meeting, partnering agencies started submitting authorized signatures for their organizations. During this period, two agencies requested wording modifications. Over the span of a few months, the wording modifications were crafted, reviewed, modified, and approved by the involved parties except for the language adding the Tule River Indian Tribe. Due to the modifications to the original MOU amendment and extension, all agencies are required to have the MOU approved by their local authorities again in writing.
Staff determined extending the extension effective date is prudent given the time it took to research and craft the original amendments, gather authorized signatures from partnering agencies, craft and approve the proposed wording changes, and gather authorized signatures a second time.
Fiscal Impact: The partnering agencies of the MOU agree that each agency will be responsible for its respective share of the costs, paid to the City of Visalia, to equip and maintain on an annual basis a Hazmat Team in accordance with Exhibit A - Cost Responsibility. Additionally, the City of Visalia will be responsible for $32,045 annual contribution for vehicle replacement.
Prior Council Action: This history was taken from the October 21, 2019 staff report when the most recent MOU was developed and executed: March 1995 - Hazmat agreement adopted. September 21, 2009 - Hazmat response team update to approve short-term funding of the Hazmat team. August 2, 2010 - Council approved the renegotiation of Hazmat response contract to include a provision for local participating agencies to pay a proportional share of the ongoing operational costs of the program. July 18, 2011 - Amend Hazmat agreement with Tulare County agencies including Rates and Fees. October 21, 2019 - Execute amended and new agreement with partnering agencies into the current MOU. Most recent action by council: November 18, 2024 - Authorized the City Manager to execute the original amendment and extension of the Tulare - Kings County Interagency Hazmat Team MOU.
Alternatives: Request staff to provide additional information and return to Council at a later date.
Recommended Motion (and Alternative Motions if expected):
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I move to authorize the City Manager to execute the updated amendment and extension to the Tulare-Kings County Interagency Hazmat Team MOU and to make minor changes if necessary.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Attachments: 1. Tulare-Kings county Regional Hazardous Materials Team MOU; 2. Amendment and Extension of the Tulare-Kings County Interagency Hazardous Material Team MOU; 3. Hazmat Agreement Exhibit A - Cost Responsibility; 4. November 18, 2024 Staff Report