Loading...
HomeMy WebLinkAbout13-88 RESOLUTION RESOLUTION NO. 13-88 S CA N N E D A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT FOR FURNISHING HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN BENTON AND WASHINGTON COUNTIES. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor is hereby authorized and directed to execute an Interlocal Cooperation Agreement for furnishing hazardous materials incident response services in Benton and Washington Counties. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof . PASSED AND APPROVED this 16th day of February , 1988 . APPROVED BY: /.24,1 y�J 246./444,s—I Mayor �G e • 7' rt,r ,' By: C-a�� it . Clerk •� INTERLOCAL COOPERATION AGREEMENT FOR FURNISHING HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN BENTON AND WASHINGTON COUNTIES WHEREAS, Act 430 of 1967, the Interlocal Cooperation Act (Ark. Stat . 14-901 through •14-908 ) , permits counties and cities to cooperate with each other in providing public services; and WHEREAS, Public Law 99-499 , the Superfund Amendments and Reauthorization Act of 1986 (SARA) and OSHA (Occupational Safety and Health Administration) Interim Final Rule 29 CFR Part 1910 . 120 place requirements on local governments concerning "emergency response" procedures to "hazardous substance" releases or incidents including, but not limited to, procedures , equipment, training requirements, and protective clothing; and WHEREAS, these requirements would place an extraordinary financial and manpower burden on any of the individual political jurisdictions in our two-county area; and WHEREAS, it would be beneficial for those jurisdictions to jointly fund and operate a Hazardous Materials Response Team (HMRT) in order to most efficiently, effectively, and economically deal with such Hazardous Materials Incidents ; NOW, THEREFORE, this agreement is entered into by Benton and Washington Counties and the Cities within those Counties (as indicated on Attachment "A" ) and signed by the Chief Executive Officers to provide for the formation of a HMRT and the necessary resources with which to operate the HMRT as provided in this agree- ment . ARTICLE I . ORGANIZATION A Hazardous Materials Response Team ( HMRT) shall be formed by members of the emergency services agencies in Benton-Washington Counties . The personnel selection, equipment , capitol and other resource needs as well as the policies and procedures to be followed by the HMRT will be determined by the NWA Fire Chiefs Association (NWAFCA) . These policies and procedures will include training and equipment criteria and an "incident command" system to be used in Hazardous Materials responses ( as required by the above mentioned laws ) . The NWAFCA shall be the "administrative entity" as required by the Ark. Interlocal Cooperation Act and shall serve as the liaison with the political jurisdictions . ARTICLE II . PURPOSE The purpose of this agreement is to allow the cities and counties in Benton and Washington counties to provide an economical and efficient response to hazardous materials incidents . Federal laws and regulations have placed very stringent requirements on "responders" to suchincident.c making such responses very expensive and technically infeasible for for any single political jurisdiction. It is our intent that the creation of an area-wide HMRT which could utilize shared personnel and resources would allow us a reasonable response capability within the requrements of the Federal rules . ARTICLE III . MANNER OF FINANCING It is anticipated that there will be both an initial "start-up" cost and a recurring maintenance expense involved with a IIMRT operation. The initial costs will include at least a vehicle , equipment , protective clothing, and training costs . This initial expense can be estimated at $ . The recurring costs should not exceed $ anually for an estimated period of years . A budget for both the initial and annual costs will be submitted by the NWAFCA annually on or near September 1. This budget shall be reviewed and considered by the county Inter- governmental Cooperation Councils ( ACT 510 of 1987 ) . The ICG' s will recommend a cost-sharing formula for the cities and counties . Each city and county will then present an appropriation ordinance to their legislative council. All appropriations to the HMRT shall be deposited with that jurisdiction County treasurer who shall keep a separate fund for HMRT expenses . The NWAFCA shall establish procedures for accessing those funds for both routine and emergency expenditures in accordance with current laws . ARTICLE IV. DURATION The effective date of this agreement shall be April 1, 1987 and shall be perpetual from. that date unless terminated as provided in Article V. ARTICLE V. TERMINATION Any participating agency may cancel their participation in this agreement by submitting a 30 day notice . The HM'1' may be terminated by a majority vote of both IGC ' s . ARTICLE VI . DISPOSITION OF PROPEF'TY All property acquired by the HMRT shall remain in its possession until the HMRT is terminated. Upon termination of the HMRT, any acquired property will be properly liquidated as allowed by public law and assests returned to the political jurisdictions in a pro rata fashion as determined by the IGC. This agreement has been approved by Resolution of the city council or Quorum Courts of the jurisdictions listed below and is entered into by these Chief Executive Officers. BENTON COUNTY WASHINGTON COUNTY ROGERS FAYETTEVILLE ,J BENTONVILLE SPRINCDALE SILOAM SPRINGS GREENLAND LOWELL PRAIRIE GROVE CAVE SPRINGS LINCOLN SULPHUR SPRINGS WINSLOW CRAVETTE WEST FORK DECATUR - FARMINGTON GENTRY ELKINS HIGIIFILL ELM SPRINGS CENTERTON TONTITOWN BETHEL HEIGHTS PEA RIDGE AVOCA GARFIELD GATEWAY LITTLE FLOCK JOHNSON COSHEN