HomeMy WebLinkAbout224-12 RESOLUTIONRESOLUTION NO. 224-12
A RESOLUTION PROVIDING NOTICE PURSUANT TO ARTICLE V OF
THE INTERLOCAL COOPERATION AGREEMENT FOR THE PROVISION
OF HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN
BENTON AND WASHINGTON COUNTIES OF THE INTENTION OF THE
CITY OF FAYETTEVILLE TO WITHDRAW ITS PARTICIPATION IN THE
AGREEMENT EFFECTIVE SIX (6) MONTHS FROM THE DATE OF
WRITTEN NOTIFICATION OF THE ADOPTION OF THIS RESOLUTION TO
THE REMAINING PARTICIPANTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby provides
notice pursuant to Article V of the Interlocal Cooperation Agreement for the Provision of
Hazardous Materials Incident Response Services in Benton and Washington Counties of the
intention of the City of Fayetteville to withdraw its participation effective six (6) months from
the date of written notification of the adoption of this Resolution to the remaining participants.
PASSED and APPROVED this 4th day of December, 2012.
APPROVED:
ATTEST:
By: })&qw1 " �
SONDRA E. SMITH, City Clerk/Treasurer
^�; FAYETTEVII_I_E•�=
David Dayringer
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/4/2012
City Council Meeting Date
Agenda Items Only
Division
Action Required:
Fire
Department
Staff recommends adoption of a resolution authorizing the withdrawal from the interlocal cooperation agreement for
furnishing hazardous materials incident response services in Benton and Washington Counties. Start-up costs for
initial Hazmat Truck and equipment are approximately $105,000. FRor A 4.1" 8 3',
105,000.00
Cost of this request
Account Number
Project Number
Budgeted Item
$
257,949.00
Category / Project Budget
10,000.00
Act 833 Funding
Program Category / Project Name
Funds Used to Date Program / Project Category Name
$ 247,949.00
Remaining Balance Fund Name
Budget Adjustment Attached
Depart _ent Director Date
Ci 1• Attorney
Finance and Internal Services Director
Date
1i^6`i 2A�2,
Date
Date
0 .4/ a.,
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City 11-15-12 P12:1o R C V D
Clerk's Office
Received in
Mayor's Office
Comments:
Revised January 15, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS.
www.accessfayetteville.org
STAFF REVIEW MEMO
To: Mayor Jordan & City Administration
From: David Dayringer, Fire Chief
Date: November 14, 2012
Subject: A Resolution to withdraw from the interlocal cooperation agreement for furnishing hazardous
materials incident response services in Benton and Washington Counties.
PROPOSAL:
In order to comply with Federal law, in March of 1989 the City entered into an interlocal cooperation agreement
for furnishing hazardous materials incident response services in Benton and Washington Counties. Under this
agreement a. regional Hazardous Materials Response Team was created and has been maintained by the
Northwest Arkansas Fire Chiefs Association, the member cities, and Washington and Benton Counties. This
was a prudent move because at that time no single governmental jurisdiction had the manpower, hazmat
training, equipment, protective clothing, or incident management system to safely mitigate a hazardous
materials incident.
During the 23 years since the regional hazmat team was formed, the fire service industry, and the Fayetteville
Fire Department have become proficient at responding to hazardous materials incidents. We now have the
training, equipment, protective clothing, and have developed the incident management system necessary to
safely mitigate hazardous materials incidents. The Fire Department now has all personnel trained in Hazmat
response including 18 Hazmat Technicians with which to operate our own Hazmat Response Unit. In the event
our resources are overwhelmed, we will call for help using our automatic and mutual aid agreements with
regional agencies and through the Arkansas Fire Service Statewide Mutual Aid plan.
RECOMMENDATION:
Staff recommends adoption of a resolution authorizing the withdrawal from the interlocal cooperation
agreement for furnishing hazardous materials incident response services in Benton and Washington Counties.
This will become effective January 20, 2013. For hazardous material responses, the Fire Department has
designated Engine 7 housed at Fire Station 7 as our Hazmat unit and will continue to utilize the Hazmat Trailer
and equipment located there.
BUDGET IMPACT:
The Fire Department will incur an initial start-up cost of approximately $ 105,000 to purchase a Hazardous
Materials Response Truck and related equipment. The Fire Department will cover this cost with Act 833
funding and use the current annual Regional Hazmat fee of $22,000 for ongoing expenses. This will amount to
no budget increase and, after start-up costs, will have a positive impact to the Fire Department budget.
RESOLUTION NO.
A RESOLUTION PROVIDING NOTICE PURSUANT TO ARTICLE V OF
THE INTERLOCAL COOPERATION AGREEMENT FOR THE PROVISION
OF HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN
BENTON AND WASHINGTON COUNTIES OF THE INTENTION OF THE
CITY OF FAYETTEVILLE TO WITHDRAW ITS PARTICIPATION IN THE
AGREEMENT EFFECTIVE SIX (6) MONTHS FROM THE DATE OF
WRITTEN NOTIFICATION OF THE ADOPTION OF THIS RESOLUTION TO
THE REMAINING PARTICIPANTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby provides
notice pursuant to Article V of the Interlocal Cooperation Agreement for the Provision of
Hazardous Materials Incident Response Services in Benton and Washington Counties of the
intention of the City of Fayetteville to withdraw its participation effective six (6) months from
the date of written notification of the adoption of this Resolution to the remaining participants.
PASSED and APPROVED this 4th day of December, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
RESOLUTION NO. 23-89
MICROFIIMID
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN INTERLOCAL COOPERATION
AGREEMENT FCR 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:
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:Ul.C'Ld%Ta/'
G24;Ir/
Mayor
MICROiILMED
02,47
INTERLOCAL COOPERATION AGREEMENT
FOR FURNISHING HAZARDOUS MATERIALS INCIDENT,
RESPONSE SERVICES IN BENTON AND WASHINGTON COUNTIES
WHEREAS, Ark Code Ann. 14-14-910 and 25-20-101. et
seq., permit 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 (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
to, procedures, equipment, training requirements, and pro-
tective clothing; and,
WHEREAS, these requirements would placean 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 (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 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 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 materiels.-
incidents.
ateri-als=incidents. Federal laws and regulations have placed very
-2 -
stringent requirements as "responders" to such incidents,
making such responses very expensive and technically infeas-
ible for any single political jurisdiction. It is our in-
tent that the creation of an area -wide HMRT which could_
utilize shared personnel and resources would allow us a
reasonable response capability within the requirements of
the Federal rules.
It
ARTICLE III.
MANNER OF FINANCING
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 shall be deposited with the Washington
County Treasurer, who shall keep a separate fund for HMRT
expenses. 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
All property acquired by the.IMRT shall remain in its
possession until the HMRt is terminated. Upon termination
of 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,as been approved roved by Resolution of the
P 'steel
.City Councils or Quorum Cour of the jurisdictions --
below and is entered into by these Chief Executive Officers:
BENTON COUNTY: WASHINGTON COUNTY:
ROGERS:
BENTONVILLE:
SILOAM SPRINGS:
LOWELL:
CAVE SPRINGS:
GRAVETTE:
SULPHUR SPRINGS:
DECATUR:
GENTRY:
HIGHFILL:
CENTERTON:
BETHEL HEIGHTS:
FAYETTEVILLE:
SPRINGDALE:
GREENLAND:
PRAIRIE GROVE:
LINCOLN:
WEST FORK:
WINSLOW:
FARMINGTON:
ELKINS:
ELM SPRINGS:
TONTITOWN:
PEA RIDGE:
AVOCA :
GATEWAY :
JOHNSON:
GARFIELD:
LITTLE FLOCK:
GOSHEN:
a'F e teville
1 ARKANSAS
www.(a ccessfayettevi ile.org
July 19, 2012
Northwest Arkansas Fire Chiefs Association
THE CITY OF FAYETTEVILLE, ARKANSAS
FIRE DEPARTMENT
303 West Center Street
Fayetteville, AR 72701
P (479) 575-8365 F (479) 575-0471
Re: Interlocal Cooperation Agreement for Furnishing Hazardous Materials Incident Response Services
in Benton and Washington Counties
This correspondence serves as notice to the member agencies of the Northwest Arkansas Fire
Chiefs Association of the intent of the City of Fayetteville to withdraw its participation from the
Regional Hazardous Materials Response Team. The effective date of such withdrawal is six
months from the giving of this written notice pursuant to Article V of the agreement.
In accordance with Article V of the Interlocal Cooperation Agreement for Furnishing Hazardous
Materials Incident Response Services in Benton and Washington Counties, we hereby notify all
the member agencies of our intention to withdraw in six months time.
The Fayetteville Fire Department remains a steadfast member of the Metro Fire Chiefs
Association and is committed to mutual and automatic aid throughout the region. In addition,
the Fayetteville Fire Department is a participating partner in the Arkansas Association of Fire
Chiefs Statewide Mutual Aid Plan.
Please do not hesitate to call on us for additional resources if you need them, just as we know we
can count on the members of this organization to assist us in our hour of need.
Sincerely,
David C. Dayringer
Fire Chief
Fayetteville Fire Department
Cc: Mayor Lioneld Jordan
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain Fayetteville, AR 72701