HomeMy WebLinkAbout23-89 RESOLUTION•
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RESOLUTION NO. 23-89
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN INTERLOCAL COOPERATION
AGREEMENT FCR FURNISHING HAZARDOUS MATERIALS
INCIDENT RESPONSE SERVICES IN BENTCN AND
WASHINGTON COUNTIES.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are 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 21st day of March , 1989.
APPROVED
By:
eaffirt. n /ler✓//
Mayor j
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3-rT
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INTERLOCAL COOPERATION AGREEMENT
FOR FURNISHING HAZARDOUS MATERIALS INCIDENT_.,
RESPONSE SERVICES IN BENTON AND WASHINGTON COUNTIES
WHEREAS, Ark. Code Ann. i4-14-910 and
MICROFILMED
a'3
`t V
0-101. et
seq., permit counties and cities to cooperate with each
o ther in providing public services; and,
WHEREAS, Public Law 99-499, the Superfund Amendments
and Reauthorization Act of 1986 (SARA) and OSHA (Occupation-
al 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
t o, procedures, equipment, training requirements, and pro-
t ective clothing; and;
WHEREAS, these requirements would place an extraordinary
financial 'and manpowerburden 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
t eam (HRMT) 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
Exeuctive Officers to provide for the formation of a HRMT
and the necessary resources with which to operate the HRMT
as provided in this agreement.
ARTICLE I.
ORGANIZATION
A Hazardous Materials Response Team (HRMT) shall be
formed by members of the emergency, services agencies in
Benton -Washington Counties. The personnel selection, equip-
ment, capital and other resource needs, as well as the poli-
cies and procedures to be followed by the HRMT will be deter-
mined by the NWA Fire Chiefs =Asboci-a-tion-•-(=NW-AFGA-)-.------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 serve as the liaison
w ith the political jurisdictions.
ARTICLE II.
PURPOSE
The purpose of this agreement
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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
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stringent requirements as "responders" to such incidents,
making such responses very expensive and technically infeas-
ible for any single political jurisdiction.
It is
in-
tent that the creation of an area -wide HMRT which could
u tilize shared personnel and resources would allow us a
✓ easonable response capability within the requirements of
t he 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 an HMRT operation. The initial costs will include at
least a vehicle, equipment, protective clothing, and train-
ing costs. This initial expense can be estimated at $230,000.
The recurring costs should not exceed $150,000 annually
for an estimated period of three (3) 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 Intergovernmental
Cooperation Councils (ICCs) (Act 510 of 1987). The ICCs
will recommend a cost-sharing formula for the cities and
counties. Each city and county will then present an appro-
priation ordinance to their legislative council. All appro-
priations`to the HMRT'shai1 b 'deposited with the Washington
County Treasurer, who shall keep a separate fund for HMRT
e xpenses. The NWAFCA shall establish procedures for access-
ing those funds for both routine and emergency expenditures
in accordance with current laws.
ARTICLE IV.
DURATION
The effective date of this agreement shall. be
3/21/89
perpetual from that date unless terminated as provided in
Article V.
ARTICLE V.
TERMINATION
Any participating agency may withdraw their participa-
.tion in this"government by six (6)-- months' written notice
by the governing body. The HMRT may be terminated by a
majority vote of both ICCs.
ARTICLE VI.
DISPOSITION OF PROPERTY
A1.1 property acquired by the HMRT shall remain in its
possession until the HMRt is terminated. Upon termination
o f the HMRT, any acquired property will be properly liqui-
dated as allowed by public law and assets returned to the
political jurisdictions in a pro rate fashion as determined
by the ICC.
This agreement has been
pproved by Resolution of the
City Councils or Quorum Courz of the Jurisdictions listed
-below and is entered into by these Chief Executive Officers:
BENTON COUNTY:
ROGERS:
BENTONVILLE:
SILOAM SPRINGS:
LOWELL:
CAVE SPRINGS:
GRAVETTE:
SULPHUR SPRINGS:
DECATUR:
GENTRY:
HIGHFILL:
CENTERTON:
BETHEL HEIGHTS:
WASHINGTON COUNTY:
FAYETTEVILLE:
SPRINGDALE:
GREENLAND:
PRAIRIE GROVE:
-LINCOLN:.
WEST FORK:
WINSLOW:
. FARMINGTON:
ELKINS:
ELM SPRINGS:
TONTITOWN:
PEA RIDGE:
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AVOC
GATEWAY:
JOHNSON:
GARFIELD:
LITTLE FLOCS:
GOSHEN: