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HomeMy WebLinkAbout23-89 RESOLUTION• • 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 • • 3-rT • 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 15 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 r2- • 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: • AVOC GATEWAY: JOHNSON: GARFIELD: LITTLE FLOCS: GOSHEN: