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HomeMy WebLinkAbout68-13 RESOLUTIONRESOLUTION NO.68-13 A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH WASHINGTON COUNTY, ARKANSAS FOR THE PROVISION OF HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES 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 approves an interlocal agreement with Washington County, Arkansas, a copy of which is attached as Exhibit "A", for the provision of hazardous materials incident response services. PASSED and APPROVED this 2nd day of April, 2013. fluor RIM ATTEST: By: /�QM-cam, d-1"t Gl. i SONDRA E. SMITH, City Clerk/Treasurer r u MARILYN EDWARDS County Judge June 3, 2013 Mayor Bruce Ledford City of Elkins P. O. Box 331 Elkins, AR 72727 Mayor Ernie Penn City of Farmington P. O. Box 150 Farmington, AR 72730 Mayor Buddy Curry City of Johnson P. O. Box 563 Johnson, AR 72741 Mayor Doug Sprouse City of Springdale 201 N. Spring Street Springdale, AR 72764 Mayor City of Winslow P. O. Box 87 Winslow, AR 72959 Mom JUN 5 2013 CITY OF FAX MAYO age, Suite 500 a Neville, AR 72701 WAS H I N� GTON COUNTY, ARKANSAS County Courthouse Mayor Ben Wall City of Elm Springs P. O. Box 74 Elm Springs, AR 72728 Mayor Joe Benson City of Goshen P. O. Box 7 Goshen, AR 72735 Mayor Rob Hulse City of Lincoln P. O. Box 967 Lincoln, AR 72744 Mayor Jack Beckford City of Tontitown P. O. Box 305 Tontitown, AR 72770 RE: Interlocal Agreement for HazMat Incident Response Dear Mayors: Mayor Lioneld Jordan City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Mayor Bill Groom City of Greenland P. O. Box 67 Greenland, AR 72737 Mayor Sonny Hudson City of Prairie Grove P. O. BOX 1275 Prairie Grove, AR 72753 Mayor Frances Hime City of West Fork P. O. Box 339 West Fork, AR 72774 Enclosed please find a file -marked fully executed copy of the Interlocal Agreement for HazMat Incident Response Services. Please do not hesitate to contact me if you have any questions. Telephone: 479 / 444-1700 • FAX: 479 / 444-1889 Sincerely, �l Y� Renee Biby Assistant Grants Administrator /rb Enclosure cc: John Luther, Emergency Management Director INTERLOCAL COOPERATION AGREEMENT FOR HAZARDOU9'UATERIALS INCIDENT RESPONSE SERVICES IN WASHINGTON' COi7NT h 2: 4 WHEREAS, Ark. Code Ann. 14-14-910 and 25-20-101, eti l� r ►n� 's 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 Occupational Safety and Health Administration (OSHA) 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 burden on any of the individual political jurisdictions in Washington County; and WHEREAS, the parties to this agreement have previously been parties to a similar agreement including the various political jurisdictions of Benton County, which agreement terminated; and WHEREAS, it is beneficial for the political jurisdictions in Washington County to jointly fund and operate a Hazardous Materials Response System in order to most efficiently, effectively, and economically deal with such incidents; EXHIBIT INTERLOCAL COOPERATION AGREEMENT-HAZMAT CONTRACT # aD1 NOW, THEREFORE, this agreement is entered into by Washington County and the cities as indicated by Attachment "A" and signed by their respective chief elected official to provide for the formation of a Hazardous Materials Response System. ARTICLE I. ORGANIZATION & RESPONSE SERVICES The Hazardous Materials Response Service shall be provided by a Hazmat Response Team (HRT) from the combined resources of the fire departments of Springdale and Fayetteville, (the HRT). The personnel selection, equipment, capital and other resource needs, as well as the policies and procedures, and all other administrative and operational issues will be determined by the two fire departments that comprise the HRT. Primary response to unincorporated areas in the County and member Cities will be provided by a fully equipped and staffed HRT consisting of a minimum of six (6) personnel. Additional resources will be provided by the HRT based on incident requirements. This agreement will be administered by the Director of the Washington County Department of Emergency Management. INTERLOCAL COOPERATION AGREEMENT-HAZMAT ARTICLE II. PURPOSE The purpose of this agreement is to allow Washington County and the cities within the county to provide an economical and efficient response to hazardous materials incidents. ARTICLE III. MANNER OF FINANCING The Hazardous Materials Response System shall be financed by a per capita fee of thirty- eight cents based on the 2010 census to be paid by Washington County and member cities based on their respective populations (except for the cities of Fayetteville and Springdale). All such appropriations to the Hazardous Materials Response System shall be deposited with the Washington County Treasurer in a Hazmat Fund and thereafter equally distributed to the Fire Departments of Fayetteville and Springdale. In addition, training will be provided for fire departments in the County by the HRT or its designee to enhance their level of hazmat response and incident management coordination. The Washington County Department of Emergency Management will also participate in training coordination and hazmat emergency operations. Persons or entities responsible for any discharge as defined in A.C.A.§8-7-101 or otherwise responsible for a hazardous material emergency incident, as well as non-member Cities, will be billed through Washington County to recover costs incurred, such to be distributed by the Washington County Treasurer in accordance with this agreement. CNTERLOCAL COOPERATION AGREEMENT-HAZMAT Revenue recovered from the above billing process will be placed in the Hazmat Fund and used to recover the costs as invoiced by the Fire Departments comprising the HRT and other fire departments acting as first responders. Washington County shall bill each member (except Fayetteville and Springdale) annually, for the per capita fee as setout above which shall be due and payable within thirty (30) days from the date of mailing. ARTICLE IV. TERMINATION & DURATION Any party to this Agreement may withdraw their participation by giving six month's written notice to the Director of the Washington County Department of Emergency Management by Resolution enacted by respective governing bodies. Refunds of per capita fees will not be given. The Director shall promptly notify the other members. The entire Agreement may be terminated by a majority vote of the parties to the Agreement by written Resolution of their respective governing bodies; otherwise, the duration of this Agreement shall be perpetual. ARTICLE V. MISCELLANEOUS. Any property acquired by the HRT remain property of the Fire Department of Fayetteville and Springdale in the event of a complete termination. INTERLOCAL COOPERATION AGREEMENT-HAZMAT This Agreement shall be submitted to legal counsel for each party pursuant to A.C.A.§14- 14-910(d). The HRT shall provide a report at each quarterly meeting of the Washington County Fire Association. INTERLOCAL COOPERATION AGREEMENT-HAZMAT ATTACHMENT "A" SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: C Judge Date Washington County INTERLOCAL COOPERATION AGREEMENT-HAZMAT SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: INTERLOCAL COOPERATION AOREEMENT-HAZMAT SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Springdal(0ayor Date INTERLOCAL COOPERATION AGREEMENT-HAZMAT SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Gr and 4layor Date INTFRLOCA1.01OPFRATIM \GRFF\IENT-IIAZMAT SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: INTERLOCAL COOPERATION AGREEMENT-HAZMAT SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: West Fork Mayor INTERLOCAL COOPERATION AGREEA4ENT-HAZ.MAT C,Z-<;�r,-�/ Date SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Farmington Mayor Date INTERLOCALCOOPERATION AGREEMENT-RAZMAT SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: r 1d� Elkins Mayor Date NTERLOCAL COOPERATION AGREEMENT-HAZMAT SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: -&", J ad /, I ' 13 Elm prings Mayor Date INTERLOCAL COOPERATION AGREEMENT-HAZMAT SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Titown a Date i SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Goshe Mayor Date INTERLOCAL COOPERATION AGREEMENT-HAZMAT SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Winslow Ma r Date INTERLOCALCOOPERATION AGREEMENT-IIA'LMAT SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Johnson Mayov Date This agreement has been reviewed and considered to meet all state requirements for an interlocal agreement pursuant to Arkansas Code: Washington County Attorney Date INTERLOCAL COOPERATION AGREEMENT-HAZMAT 05/31/2013 14:23Lincoln City Hal I (FAX)479 824 4126 P.010/010 SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: zx"4zt:� Liuucoba ayor to L%TrEXDCAL COOPERATION AORMOM-HADIA7 STATE OF ARKANSAS THE ATTORNEY GENERAL DUSTIN MCDANIEL Opinion No. 2013-024 April 30, 2013 The Honorable George E. Butler, Jr. Washington County Attorney 280 North College, Suite 501 Fayetteville, Arkansas 72701 Dear Mr. Butler: You have requested approval, pursuant to the Interlocal Cooperation Act,' of a proposed interlocal agreement between Washington County and all the cities located therein. You have submitted a copy of the agreement, under the terms of which the parties agree generally to create, fund, train, and maintain a Hazmat Response Team. Each interlocal agreement for joint or cooperative action must specify the following: (1) its duration; (3) its purposes; (4) the manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor; A.C.A. §§ 25-20-101 et seq. 323 Carmen Sw r, Some 200 - Lmiz Roca, Anana 72201 Tm m KoNE (501) 682-2007 - FAx (501) 682-8084 1NTmm Wpmrm - http://www.ag.state.u.us/ The Honorable George E. Butler, Jr. Washington County Attorney Opinion No. 2013-024 Page 2 (5) The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon the partial or complete termination; and (6) Any other necessary and proper matters.2 I am required by law to review the agreement to determine whether it meets the foregoing criteria and is otherwise compatible with the laws of the state.3 Having analyzed the agreement you have submitted, I find that it does meet the foregoing criteria and is otherwise compatible with state law.4 Accordingly, it is hereby approved as submitted. I should note, however, that I am not authorized to assess whether this agreement is compatible with the many federal laws —some of which the agreement cites — governing how local governments respond to, mitigate, and seek reimbursement for hazardous -materials spills. For example, one of the agreement's provisions indicates that Washington County will attempt to recover the expenses associated with responding to a hazmat incident by charging the person or entity responsible for a hazardous -materials spill. This provision's validity, under state law, is doubtful, though federal law may authorize such a charge. Any questions regarding the agreement's compliance with federal law are properly directed to counsel for the parties to this proposed agreement. Assistant Attorney General Ryan Owsley prepared this opinion, which I hereby approve. Sincerel STIN MC Attorney General DM/RO:cyh ' A.C.A. § 25-20-104(d). s A.C.A. § 25-20-104(f). 4 In reaching this conclusion, I have assumed that the provision authorizing the recovery of costs associated with hazardous -materials spills is based on federal law. On this latter point, please see the opinion's final paragraph. ORDINANCE NO.2013-32 A�OD Cn 1� n zvx BE IT ORDAINED BY THE QUORUM COURT czir°� r- OF THE COUNTY OF WASHINGTON, o I: +�* STATE OF ARKANSAS, AN ORDINANCE z -" TO BE ENTITLED: -~ _ AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN WASHINGTON COUNTY AND THE INCORPORATED CITIES THEREIN TO PROVIDE HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES. N_ s N O O N �D WHEREAS, A.C.A.§14-14-910 and A.C.A.§25-20-101 et. seq. authorizes cities and counties to enter into contracts to cooperate or join with each other to provide services, such to specify the responsibilities of all parties; and, WHEREAS, Washington County and the incorporated cities therein desire to enter into an Interlocal Agreement to provide hazardous materials incident response services; and, WHEREAS, the previous Interlocal Agreement concerning such with Benton County, Arkansas, and the incorporated cities therein has been terminated; and, WHEREAS, said Agreement is in the best interest of Washington County and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE QUORUM COURT OF WASHINGTON COUNTY, ARKANSAS: ARTICLE 1. That said Interlocal Agreement is approved and the County Judge is authorized to sign such. The incorporated cities to this Agreement are indicated by the signature pages attached to said Agreement. M RILYN DWA DS, County Judge (Z"� ia2n�t� BECKY LEWOLLIN, dounty Clerk Sponsor: Joe Patterson Date of Passage: May 16, 2013 Votes For: 12 Votes Against: 0 Abstention: 0 Absent: 3 DATE ORDINANCE NO. 2013-32 INTERLOCAL COOPERATION AGREEMENT FOR HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN WASHINGTON COUNTY 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 Occupational Safety and Health Administration (OSHA) 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 burden on any of the individual political jurisdictions in Washington County; and WHEREAS, the parties to this agreement have previously been parties to a similar agreement including the various political jurisdictions of Benton County, which agreement terminated; and WHEREAS, it is beneficial for the political jurisdictions in Washington County to jointly fund and operate a Hazardous Materials Response System in order to most efficiently, effectively, and economically deal with such incidents; 1NTOW)CAL COOPERATION AGREEMM-KAMAT NOW, THEREFORE, this agreement is entered into by Washington County and the cities as indicated by Attachment "A" and signed by their respective chief elected official to provide for the formation of a Hazardous Materials Response System. ARTICLE I. ORGANIZATION & RESPONSE SERVICES The Hazardous Materials Response Service shall be provided by a Hazmat Response Team (HRT) from the combined resources of the fire departments of Springdale and Fayetteville, (the HRT). The personnel selection, equipment, capital and other resource needs, as well as the policies and procedures, and all other administrative and operational issues will be determined by the two fire departments that comprise the HRT. Primary response to unincorporated areas in the County and member Cities will be provided by a fully equipped and staffed HRT consisting of a minimum of six (6) personnel. Additional resources will be provided by the HRT based on incident requirements. This agreement will be administered by the Director of the Washington County Department of Emergency Management. IN77RLOCAL COOPERAMN AGREEKWa-HAVAAT ARTICLE II. PURPOSE The purpose of this agreement is to allow Washington County and the cities within the county to provide an economical and efficient response to hazardous materials incidents. ARTICLE III. MANNER OF FINANCING The Hazardous Materials Response System shall be financed by a per capita fee of thirty- eight cents based on the 2010 census to be paid by Washington County and member cities based on their respective populations (except for the cities of Fayetteville and Springdale). All such appropriations to the Hazardous Materials Response System shall be deposited with the Washington County Treasurer in a Hazmat Fund and thereafter equally distributed to the Fire Departments of Fayetteville and Springdale. In addition, training will be provided for fire departments in the County by the HRT or its designee to enhance their level of Hazmat response and incident management coordination. The Washington County Department of Emergency Management will also participate in training coordination and Hazmat emergency operations. Persons or entities responsible for any discharge as defined in A.C.A.§8-7-101 or otherwise responsible for a hazardous material emergency incident, as well as non-member Cities, will be billed through Washington County to recover costs incurred, such to be distributed by the Washington County Treasurer in accordance with this agreement. TNTMOCAL COOPMAMON AGREEMENT-NAZMAT Revenue recovered from the above billing process will be placed in the Hazmat Fund and used to recover the costs as invoiced by the Fire Departments comprising the HRT and other fire departments acting as first responders. Washington County shall bill each member (except Fayetteville and Springdale) annually, for the per capita fee as setout above which shall be due and payable within thirty (30) days from the date of mailing. ARTICLE IV. TERMINATION & DURATION Any party to this Agreement may withdraw their participation by giving six month's written notice to the Director of the Washington County Department of Emergency Management by Resolution enacted by respective governing bodies. Refunds of per capita fees will not be given. The Director shall promptly notify the other members. The entire Agreement may be terminated by a majority vote of the parties to the Agreement by written Resolution of their respective governing bodies; otherwise, the duration of this Agreement shall be perpetual. ARTICLE V. MISCELLANEOUS. Any property acquired by the HRT remain property of the Fire Department of Fayetteville and Springdale in the event of a complete tennination. INnIRLOCAL COOKUTION AGRIMPAWr-HAZMAT This Agreement shall be submitted to legal counsel for each party pursuant to A.C.A.§ 14- 14-910(d). The HRT shall provide a report at each quarterly meeting of the Washington County Fire Association. ImmoCALcoopmwnoNAGRE6 wr-HAmAT RESOLUTION NO.68-13 A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH WASHINGTON COUNTY, ARKANSAS FOR THE PROVISION OF HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES 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 approves an interlocal agreement with Washington County, Arkansas, a copy of which is attached as Exhibit "A", for the provision of hazardous materials incident response services. PASSED and APPROVED this 2"d day of April, 2013. APPROVED: LE ATTEST: SONDRA E. SMITH, City Clerk/Treasurer ,`�I111 U 1Ip R,, Y 0,c = ;FAYETTEVILI E; i• .` INTERLOCAL COOPERATION AGREEMENT FOR HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN WASHINGTON COUNTY 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 Occupational Safety and Health Administration (OSHA) 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 burden on any of the individual political jurisdictions in Washington County; and WHEREAS, the parties to this agreement have previously been parties to a similar agreement including the various political jurisdictions of Benton County, which agreement terminated; and WHEREAS, it is beneficial for the political jurisdictions in Washington County to jointly fund and operate a Hazardous Materials Response System in order to most efficiently, effectively, and economically deal with such incidents; IMUMOCAL COOPERATION AGREEMENT-HAZMAT NOW, THEREFORE, this agreement is entered into by Washington County and the cities as indicated by Attachment "A" and signed by their respective chief elected official to provide for the formation of a Hazardous Materials Response System. ARTICLE I. ORGANIZATION & RESPONSE SERVICES; ADMINISTRATION The Hazardous Materials Response Service shall be provided by a Hazmat Response Team (HRT) from the combined resources of the fire departments of Springdale and Fayetteville, (the HRT). The personnel selection, equipment, capital and other resource needs, as well as the policies and procedures, and all other administrative and operational issues will be determined by the two fire departments that comprise the HRT. Primary response to unincorporated areas in the County and member Cities will be provided by a fully equipped and staffed HRT consisting of a minimum of six (6) personnel; additional resources will be provided by the HRT based on incident requirements. This agreement will be administered by the Director of the Washington County Department of Emergency Management. Other fire departments of the members to this agreement, including volunteer fire departments, may act as first responders. INTERLOCAL COOPERATION AGREEMENT-HAZMAT ARTICLE I1. PURPOSE The purpose of this agreement is to allow Washington County and the cities within the county to provide an economical and efficient response to hazardous materials incidents. ARTICLE III. MANNER OF FINANCING The Hazardous Materials Response System shall be financed by a per capita fee of thirty- eight cents based on the 2010 census to be paid by Washington County and member cities based on their respective populations (except for the cities of Fayetteville and Springdale). All such appropriations to the Hazardous Materials Response System shall be deposited with the Washington County Treasurer in a Hazmat Fund and thereafter equally distributed to the Fire Departments of Fayetteville and Springdale. In addition, training will be provided for fire departments in the County by the HRT or its designee to enhance their level of hazmat response and incident management coordination. The Washington County Department of Emergency Management will also participate in training coordination and hazmat emergency operations. Persons or entities responsible for any discharge as defined in A.C.A.§8-7-101 or otherwise responsible for a hazardous material emergency incident, as well as non-member Cities, will be billed through Washington County to recover costs incurred by the HRT and first responders, such to be distributed by the Washington County Treasurer in accordance with this agreement. INTERLOCAL COOPERATION AGREEMENT-HAZMAT Revenue recovered from the above billing process will be placed in the Hazmat Fund and used to recover the costs as invoiced by the Fire Departments comprising the HRT and/or other fire departments acting as first responders. Washington County shall bill each member (except Fayetteville and Springdale) annually, for the per capita fee as setout above which shall be due and payable within thirty (30) days from the date of mailing. ARTICLE IV. TERMINATION & DURATION Any party to this Agreement may withdraw their participation by giving six month's written notice to the Director of the Washington County Department of Emergency Management by Resolution enacted by respective governing bodies. Refunds of per capita fees will not be given. The Director shall promptly notify the other members. The entire Agreement may be terminated by a majority vote of the parties to the Agreement by written Resolution of their respective governing bodies; otherwise, the duration of this Agreement shall be perpetual. ARTICLE V. MISCELLANEOUS. Any property acquired by the HRT, which is composed of the fire departments of Fayetteville and Springdale, shall remain property of the Fire Departments of Fayetteville and Springdale in the event of a complete termination All property purchased by other parties to this INTERLOCAL COOPERATION AGREEMENT-HAZMAT Agreement shall remain the property of the purchasing party. This Agreement shall be submitted to legal counsel for each party pursuant to A.C.A. § 14-14-91 0(d). The HRT shall provide a report at each quarterly meeting of the Washington County Fire Association. INMRLOCAL COOPERATION AGREEMENT•HAZMAT RESOLUTION NO. 34-13 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT FOR HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN WASHINGTON COUNTY. WHEREAS, Washington County has proposed an interlocal cooperation agreement for responses to hazardous material incidents; and WHEREAS, there is a need for this service for protection of our citizens; and WHEREAS, the Fire Chief and Mayor recommend the execution of this agreement and believe this is an efficient method to provide this service; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE, ARKANSAS, that the Mayor is hereby authorized to execute an agreement with Washington County and other cities in Washington County for responses to hazardous material incidents. PASSED AND APPROVED this 26th day of February, 2013. ATTEST: Denise Pearce, City Clerk APPROVED AS TO FORM: Ernest B. Cate, City Attorney J:\Cindyth"ch\2013 FiW2013 Resolutions\WashingtonCowtyHaZMaGdoc ORDINANCE NO. -3/�� AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT FOR HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN WASHINGTON COUNTY ("AGREEMENT") BETWEEN WASHINGTON COUNTY, ARKANSAS ("COUNTY") AND THE CITIES IN WASHINGTON COUNTY (CITIES) WHEREAS, A.C.A. §14-14-910 and A.C.A §25-20-101 et. seq. authorize cities and counties to enter into contracts to co-operate or join with each other to provide services; and. WHEREAS, all parties acknowledge that the continued provision of Hazardous Materials Incident Response Services in Washington County is crucial for the continued health and safety of the residents of the Cities and the County; and, WHEREAS, the County and Cities mutually agree that the creation of the Hazardous Materials Response System as provided for in A.C.A. §14-14-910 and §25-20-101 et. seq. is in the best long-term interests of the parties; and, WHEREAS, said Hazardous Materials Response System should operate as set out in the attached Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GREENLAND, ARKANSAS: SECTION 1: That the to Interlocal Agreement for Hazardous Materials Incident Response Services in Washington County, as attached hereto, is approved; the Mayor and Recorder -Treasurer are authorized to sign such and the payments called for therein are authorized to be paid from the funds budgeted for such purposes. PASSED AND APPROVED this day ofA4A__d__' 12013. i; BILL ROOM, ayor ATTEST: DONNA CHEEVERS, Recorder -Treasurer \IUMCIPMICO2 FM. SOrd030613 ORDINANCE NO. 2013- C' AN ORDINANCE TO AUTHORIZE THE CITY TO ENTER INTO AN INTERLOCAL AGREEMENT WITH WASHINGTON COUNTY AND OTHER CITIES TO PROVIDE FOR A HAZARDOUS RESPONSE TEAM AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRAIRIE GROVE, ARKANSAS, THAT: Section One: Title. This Ordinance shall be known as the Washington County Hazardous Response Team Interlocal Agreement Ordinance. Section Two: Parties. The proposed parties to the Interlocal Agreement are Washington County and the Cities of Elkins, Farmington, Fayetteville, Goshen, Greenland, Johnson, Lincoln, Prairie Grove, Springdale, West Fork and Winslow. Section Three: Authorization. A.C.A. §§ 14-14-910 authorizes cities and counties to enter into contracts to cooperate or join with each other to provide services; such to specify the responsibilities of all parties. Section Four: Need for Interlocal Agreement. All parties acknowledge that the continued provision of hazardous response team services is crucial for the continued health and safety of the residents of the named cities and county and the parties mutually agree that the Interlocal cooperation for the provision of such services, as provided for in A.C.A. §§ 14-14-910, is in the best long-term interests of the parties. Section Five: Interlocal Agreement Attached. The attached Interlocal Agreement provides for the interlocal cooperation of the County and cities therein to utilize the existing Hazardous Response Teams of Fayetteville and Springdale, pursuant to Arkansas law. The attached Interlocal Agreement is hereby incorporated herein as if set forth word-for-word. Section Six: Officials Aulhorized�n Agreement. The Mayor and Clerk are hereby authorized to sign the Interlocal Agreement to bind the City to the terms of such agreement. The Mayor and Clerk are further authorized to take such steps as are necessary and incident to its implementation. Section Seven:Effective Date. This Ordinance shall become effective immediately upon its adoption, an emergency being declared to exist. Section Ejght Rcpealing_Clause. Ordinances or parts thereof in force at the time that this ordinance shall take effect that are in conflict herewith, are hereby repealed, including Ordinance 2007-25. Section Nine_ Saving Clause. Nothing herein shall be deemed to affect any rights or obligations existing at the time of the passage of this ordinance. Section Ten: Severability Clause. In the event any portion of this ordinance is declared inoperative or invalid as a result of a statute or judicial decision, then only that portion expressly so declared to be inoperative or invalid shall be affected thereby and all other provisions hereof shall remain in full force and effect. Section Eleven: Emergency Clause_ The City Council expressly finds, as a matter of fact, that: hazardous response team service is critical to the health and well-being of its citizens; that the attached inter -local agreement for utilizing the hazardous response teams of Fayetteville and Springdale is in the best interests of the citizens of Prairie Grove, and for these factual reasons an emergency exists and this ordinance should be in full force and effect immediately upon its date of passage and publication. Approved this 18th day of February, 2013. (Attest) Awb��"\ Kara $ays, Clerk Minutes of the Regular Farmington City Council Meeting on March 11, 2013 The regular meeting of the Farmington City Council scheduled for Monday, March 11, 2013 was called to order at 6:00 p.m. by Mayor Ernie Penn. City Clerk Kelly Penn called the roll and the following Aldermen answered to their names: Patsy Pike, Sherry Mathews, Keith Lipford, Janie Steele, Brenda Cunningham, Bobby Morgan, Terry Yopp and Shelly Parsley. A quorum was declared (8). Also present were City Business Manager McCarville, City Attorney Tennant and Financial Office Jimmy Story. After Mayor Penn led the pledge of allegiance, he then opened the public comment portion of the meeting for citizens. There were no speakers Approval of the minutes for February 11, 2013 Meeting - On the motion of Alderman Lipford and seconded by Alderwoman Cunningham and by the consent of all members present, the minutes were approved, accepted and filed as amended by the City Clerk (8/0). Financial Reports - City sales tax was up $2.216.95, County sales tax was up $3,992.22 for a total increase of $6,209.17. Entertain a motion to read all Ordinances and Resolutions by title only - On the motion of Alderman Yopp and seconded by Alderman Lipford and by the consent of all members present (8/0), it was approved to read all Ordinances and Resolutions by title only at this meeting. Proclamations, Special Announcements, Committee/Commission Appointments Farmington Fire Department Pancake Breakfast is Saturday March 161'. Mayor Penn informed the council they had received 3 citizen applications to serve on committees. Committee Reports - Mayor Penn announced the following appointments as committee chairs for 2013: Economic Development - Alderman Yopp, Street Department - Alderman Morgan, City Beautification - Alderwoman Cunningham, Historical Preservation Committee- Alderwoman Steele, Parks & Recreation - Alderwoman Mathews, and Finance - Alderwoman Pike. Street Committee Report - Alderman Morgan informed the council that the city would need to do some work on the bridges in town per the state highway department. The approximate cost would be somewhere around $38,000.00. The city will undertake the repair and overlay of many streets in town as well as sidewalks. New Business Adopt Interlocal Cooperation Agreement for Hazardous Material Incident Response Services in Washington County A motion was made by Alderman Yopp and seconded by Alderman Lipford to adopt the Interlocal Agreement for Hazardous Material Incident Response Services, it was approved by the consent of all members present (8/0). Add New Volunteer Firefighter Brandon Rochelle Item was removed from the agenda by Chief Cunningham. Discuss Waste Management Increase City Attorney Tennant informed the council there would be a fifty cent increase in citizens Waste Management bills as of April 1sl, 2013, going from $14.04 to $14.50. There will be no increase for senior citizens. There being no further business to come before the Council, and on the motion of Alderman Yopp and Seconded by Alderman Lipford and by the consent of all members present, the meeting adjourned at 6:36 p.m., until the next regularly scheduled meeting to be held on Monday, April 8, 2013 at six o'clock p.m. in the City Council Chambers in City Hall, located at 354 West Main Street, Farmington, Arkansas. Aped; Mayor Ernie Perez City Clerk 611y Peron INTERLOCAL COOPERATION AGREEMENT FOR HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN WASHINGTON COUNTY 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 Occupational Safety and Health Administration (OSHA) 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 burden on any of the individual political jurisdictions in Washington County; and WHEREAS, the parties to this agreement have previously been parties to a similar agreement including the various political jurisdictions of Benton County, which agreement terminated; and WHEREAS, it is beneficial for the political jurisdictions in Washington County to jointly fund and operate a Hazardous Materials Response System in order to most efficiently, effectively, and economically deal with such incidents; INTERLOCAL COOPERATION AGREEMENT-HAZMAT NOW, THEREFORE, this agreement is entered into by Washington County and the cities as indicated by Attachment "A" and signed by their respective chief elected official to provide for the formation of a Hazardous Materials Response System. ARTICLE 1. ORGANIZATION & RESPONSE SERVICES The Hazardous Materials Response Service shall be provided by a Hazmat Response Team (HRT) from the combined resources of the fire departments of Springdale and Fayetteville, (the HRT). The personnel selection, equipment, capital and other resource needs, as well as the policies and procedures, and all other administrative and operational issues will be determined by the two fire departments that comprise the HRT. Primary response to unincorporated areas in the County and member Cities will be provided by a fully equipped and staffed HRT consisting of a minimum of six (6) personnel. Additional resources will be provided by the HRT based on incident requirements. This agreement will be administered by the Director of the Washington County Department of Emergency Management. INTERLOCALCOOPERAMN AGREEMENT-HAZMAT Revenue recovered from the above billing process will be placed in the Hazmat Fund and used to recover the costs as invoiced by the Fire Departments comprising the HRT and other fire departments acting as first responders. Washington County shall bill each member (except Fayetteville and Springdale) annually, for the per capita fee as setout above which shall be due and payable within thirty (30) days from the date of mailing. ARTICLE IV. TERMINATION & DURATION Any party to this Agreement may withdraw their participation by giving six month's written notice to the Director of the Washington County Department of Emergency Management by Resolution enacted by respective governing bodies. Refunds of per capita fees will not be given. The Director shall promptly notify the other members. The entire Agreement may be terminated by a majority vote of the parties to the Agreement by written Resolution of their respective governing bodies; otherwise, the duration of this Agreement shall be perpetual. ARTICLE V. MISCELLANEOUS. Any property acquired by the HRT remain property of the Fire Department of Fayetteville and Springdale in the event of a complete termination. INTERLOCAL COOPERATION AGREEMENT-HAZMAT This Agreement shall be submitted to legal counsel for each party pursuant to A.C.A.§14- 14-910(d). The HRT shall provide a report at each quarterly meeting of the Washington County Fire Association. INfERLOCALCOOPERATION AGREEMENT-HAZMAT E ORDINANCE NO. 49Z - Z 1— 2,,q / 3 AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT FOR HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN WASHINGTON COUNTY ("AGREEMENT") BETWEEN WASHINGTON COUNTY, ARKANSAS ("COUNTY") AND THE CITIES IN WASHINGTON COUNTY (CITIES) WHEREAS, A.C.A. §14-14-910 and A.C.A §25-20-101 et. seq. authorize cities and counties to enter into contracts to co-operate or join with each other to provide services; and, WHEREAS, all parties acknowledge that the continued provision of Hazardous Materials Incident Response Services in Washington County is crucial for the continued health and safety of the residents of the Cities and the County; and, WHEREAS, the County and Cities mutually agree that the creation of the Hazardous Materials Response System as provided for in A.C.A. §14-14-910 and §25-20-101 et. seq. is in the best long-term interests of the parties; and, WHEREAS, said Hazardous Materials Response System should operate as set out in the attached Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ELKINS, ARKANSAS: SECTION 1: That the to Interlocal Agreement for Hazardous Materials Incident Response Services in Washington County, as attached hereto, is approved; the Mayor and Recorder -Treasurer are authorized to sign such and the payments called for therein are authorized to be paid from the funds budgeted for such purposes. PASSED AND APPROVED this /a p"day of &4- 2013. u L. BRUCE LEDFORI Mayor ATTEST: j l DELIA FOSTER, RecokkaVeasurer 1lunicipal/coe ENIS Ord 022113 ORDINANCE NO. ,0/3- OS- 'fW AN ORDINANCE APPROVING THE INTERLOCAL COOPERATION AGREEMENT FOR HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN WASHINGTON COUNTY FOR THE CITY OF TONTITOWN; WHEREAS, the City of Tontitown, Arkansas, has chosen to accept the Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services in Washington County; WHEREAS, the City Council has determined it is necessary to approve the Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services in Washington County; and WHEREAS, the City Council finds it to be in the best interest of the City to accept Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services in Washington County; BE IT THEREFORE RESOLVED by the City Council of Tontitown, Arkansas, that the Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services in Washington County for the City of Tontitown, Arkansas is hereby approved and made part of the Code of Ordinances by reference and is attached hereto. PASSED AND APPROVED this '"I day of May, 2013. APPROVED: yor ATTEST: �r01 City Recorder/ Treasurer Sponsor: 4926-1566.5427.1 INTERLOCAL COOPERATION AGREEMENT FOR HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN WASHINGTON COUNTY 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 Occupational Safety and Health Administration (OSHA) 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 burden on any of the individual political jurisdictions in Washington County; and WHEREAS, the parties to this agreement have previously been parties to a similar agreement including the various political jurisdictions of Benton County, which agreement terminated; and WHEREAS, it is beneficial for the political jurisdictions in Washington County to jointly fund and operate a Hazardous Materials Response System in order to most efficiently, effectively, and economically deal with such incidents; I WERLOVAL COOPERATION AGREEMENT-HAZMAT &Ir- SQIn T•13y��v,^� t�� ,. nl� amvfw 1 RESOLUTION NO.2013-4 RESOLUTION APPROVING INTERLOCAL COOPERATION AGREEMENT FOR HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN WASHINGTON COUNTY WHEREAS, Ark Code Ann. § 25-20-108, Interlocal Cooperation Act, authorizes public entities to enter into agreements to provide governmental services to the mutual benefit of each entity; and WHEREAS, it is of mutual interest to the political subdivisions of Washington County, including the City of Goshen, to jointly fund and operate a Hazardous Materials Response System to efficiently, effectively, and economically deal with such incidents; and NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF GOSHEN, ARKANSAS that the Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services in Washington County, attached hereto, is approved, conditioned upon approval by the other Cities, and that the Mayor and City Recorder are authorized and directed to execute said interlocal agreement PASSED AND APPROVED THIS 09th day of April, 2013. HEN son, Mayor Attest: Sharon Baggett, Re der/Treasurer 05/31/2013 14:22 Lincoln City Hall (FAX)479 824 4126 P.002/010 ORDINANCE NO.2013- 0 .. AN ORDINANCE TO_.A,UTRORIZE THE CITY TO ENTER INTO AN INTERLOCAL AGREEMENT WITH WASHINGTON COUNTY AND OTHER CITIES TO PROVIDE FOR A HAZARDOUS RESPONSE TEAM AND FOR OTHER POSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LINCOLN, ARKANSAS, THAT: Section One: Title. This Ordinance shall be known as the Washington County Hazardous Response Team Interlocal Agreement Ordinance. Section Two: Parties. The proposed parities to the Interlocal Agreement are Washington County and the Cities of Elkins, Farmington,.Fayettev:ille, Goshen,.Greenland, Johnson, Lincoln, Prairie Grove, Springdale, West Fork and Winslow. Section Three; Authorization. A.C.A. §§14-14-910 authorizes cities and counties to enter into contracts to cooperate or join with each other to provide services; such to specify the responsibilities of all parties. ,Section Four: Need for Interlocal _ greeanent. All parties acknowledge that the continued provision of hazardous response team services is crucial for the continued health and safety of the residents of the named cities and county and the parties mutually agree that the interlocal cooperation for the provision of such services, as provided for in A.C.A §§ 14-14-910, is in the best long-term interests of the parties. Section Five: Interlocal Agreement & end. The attached Interlocal Agreement provides for the interlocal cooperation of the County and cities therein to utilize the existing Hazardous Response Teams of Fayetteville and Springdale, pursuant to Arkansas law. The attached Interlocal Agreement is hereby incorporated herein as if set forth word-for-word. 05/31/2013 14 : 22 L i nco I n City Ha I I (FAX)479 824 4126 P . 003/010 Section Six: Offci4lsAuthorized to Sign Agreement, The Mayor and Clerk -Treasurer are hereby authorized to sign the T.nterlocal Agreement to bind the City to the terms of such agreement. The Mayor and Clerk Treasurer are further authorized to take such steps as are necessary and incident to its implementation. Section Seven:Effective Date. This Ordinance shall become effective immediately upon its adoption, an emergency being declared to exist. • Section Ei&: Repealing Clause. Ordinances or -parts thereof in force -at the time that this ordinance shall take effect that are in conflict herevv'ith, are hereby repealed. Section Nine: Saying Clause. Nothing herein shall be deemed to affect any rights or obligations existing at the time of the passage of this ordinance. Section Ten: Severability Clause. In the event any portion of this ordinance is declared inoperative or invalid as a result of a statute or judicial decision, then only that portion expressly so declared to be inoperative or invalid shall be affected thereby and all other provisions hereof shall remain in full force and effect. Section Ele=: Emergency Clause. The City Council expressly finds, as a spatter of fact, that: hazardous response tease service is critical to the health and well-being of its citizens, that the attached inter -local agreement for utilizing the hazardous response teams of Fayetteville and Springdale is in the best interests of the citizens of Lincoln; and for these factual reasons an emergency exists and this ordinance should be in full force and effect immediately upon its date of passage and publication. Approved this 12th day of March, 2013. 1, R, ; 3 M W; 05/31/2013 14 : 23 L i nco I n City Ha 1 1 (FAX)479 824 4126 P.004/010 (Attest) vial, Becky , Clerk Treasurer David Dayringer Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/2/2013 City Council Meeting Date Agenda Items Only Division Fire Department Acnon Kegwrea: recommends adoption of a resolution to enter into an interlocal cooperation agreement to furnish hazardous 'ials emergency incident response services for Washington County, and to receive a fee for providing this Cost of this request Category / Project Budget Program Category / Project Name 1010-0001-4401-08 $ - Hazmat Interlocal Revenue Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 9 u Previous Ordinance or Resolution # Department Director Date Original Contract Date: /S� ! Original Contract Number: ttorney Date -P" (::�. � Finance and Internal Services Director Date 03-'15-1 A 11 :45, Sr -VD Received in City Clerk's Office Date Received in E Mayor's Office Date Revised January 15, 2009 DO aye Uille AL ARKANSAS STAFF REVIEW MEMO To: Mayor Jordan & City Council From: David Dayringer, Fire Chief Date: March 8, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Subject: A Resolution to enter into an interlocal cooperation agreement (ICA) for furnishing hazardous materials incident response services for Washington County. PROPOSAL: The Fayetteville Fire Department and the Springdale Fire Department have formed a joint Hazardous Materials Response Team. We now have the training, equipment, protective clothing, and have developed the incident management system necessary to safely mitigate hazardous materials incidents. In addition, we have the capability to provide Haz-Mat emergency incident response to the rural areas and cities throughout Washington County, while providing protection in our home cities. RECOMMENDATION: Staff recommends adoption of a resolution to enter into an interlocal cooperation agreement to furnish hazardous materials incident response services in Washington County. BUDGETIMPACT: The ICA provides for the costs of this service with a per capita fee to be paid by the County and participating cities. This annual fee will be divided evenly between the Fayetteville and Springdale Fire Departments. RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH WASHINGTON COUNTY, ARKANSAS FOR THE PROVISION OF HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES 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 approves an interlocal agreement with Washington County, Arkansas, a copy of which is attached as Exhibit "A", for the provision of hazardous materials incident response services. PASSED and APPROVED this 2"a day of April, 2013. APPROVED: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer INTERLOCAL COOPERATION AGREEMENT FOR HAZARDOUS MATERIALS INCIDENT RESPONSE SERVICES IN WASHINGTON COUNTY 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 Occupational Safety and Health Administration (OSHA) 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 burden on any of the individual political jurisdictions in Washington County; and WHEREAS, the parties to this agreement have previously been parties to a similar agreement including the various political jurisdictions of Benton County, which agreement terminated; and WHEREAS, it is beneficial for the political jurisdictions in Washington County to jointly fund and operate a Hazardous Materials Response System in order to most efficiently, effectively, and economically deal with such incidents; INTERLOCAL COOPERATION AGREEMENT-HAZMAT NOW, THEREFORE, this agreement is entered into by Washington County and the cities as indicated by Attachment "A" and signed by their respective chief elected official to provide for the formation of a Hazardous Materials Response System. ARTICLE I. ORGANIZATION & RESPONSE SERVICES; ADMINISTRATION The Hazardous Materials Response Service shall be provided by a Hazmat Response Team (HRT) from the combined resources of the fire departments of Springdale and Fayetteville, (the HRT). The personnel selection, equipment, capital and other resource needs, as well as the policies and procedures, and all other administrative and operational issues will be determined by the two fire departments that comprise the HRT. Primary response to unincorporated areas in the County and member Cities will be provided by a fully equipped and staffed HRT consisting of a minimum of six (6) personnel; additional resources will be provided by the HRT based on incident requirements. This agreement will be administered by the Director of the Washington County Department of Emergency Management. Other fire departments of the members to this agreement, including volunteer fire departments, may act as first responders. INTERLOCAL COOPERATION AGREEMENT-HAZMAT ARTICLE II. The purpose of this agreement is to allow Washington County and the cities within the county to provide an economical and efficient response to hazardous materials incidents. ARTICLE III. MANNER OF FINANCING The Hazardous Materials Response System shall be financed by a per capita fee of thirty- eight cents based on the 2010 census to be paid by Washington County and member cities based on their respective populations (except for the cities of Fayetteville and Springdale). All such appropriations to the Hazardous Materials Response System shall be deposited with the Washington County Treasurer in a Hazmat Fund and thereafter equally distributed to the Fire Departments of Fayetteville and Springdale. In addition, training will be provided for fire departments in the County by the HRT or its designee to enhance their level of hazmat response and incident management coordination. The Washington County Department of Emergency Management will also participate in training coordination and hazmat emergency operations. Persons or entities responsible for any discharge as defined in A.C.A.§8-7-101 or otherwise responsible for a hazardous material emergency incident, as well as non-member Cities, will be billed through Washington County to recover costs incurred by the HRT and first responders, such to be distributed by the Washington County Treasurer in accordance with this agreement. INTERLOCAL COOPERATION AGREEMENT-HAZMAT Revenue recovered from the above billing process will be placed in the Hazmat Fund and used to recover the costs as invoiced by the Fire Departments comprising the HRT and/or other fire departments acting as first responders. Washington County shall bill each member (except Fayetteville and Springdale) annually, for the per capita fee as setout above which shall be due and payable within thirty (30) days from the date of mailing. ARTICLE IV. TERMINATION & DURATION Any party to this Agreement may withdraw their participation by giving six month's written notice to the Director of the Washington County Department of Emergency Management by Resolution enacted by respective governing bodies. Refunds of per capita fees will not be given. The Director shall promptly notify the other members. The entire Agreement may be terminated by a majority vote of the parties to the Agreement by written Resolution of their respective governing bodies; otherwise, the duration of this Agreement shall be perpetual. ARTICLE V. MISCELLANEOUS. Any property acquired by the HRT, which is composed of the fire departments of Fayetteville and Springdale, shall remain property of the Fire Departments of Fayetteville and Springdale in the event of a complete termination All property purchased by other parties to this INTERLOCAL COOPERATION AGREEMENT-HAZMAT Agreement shall remain the property of the purchasing party. This Agreement shall be submitted to legal counsel for each party pursuant to A. C.A. § 14-14-91 0(d). The HRT shall provide a report at each quarterly meeting of the Washington County Fire Association. INTERLOCAL COOPERATION AGREEMENT-HAZMAT ATTACHMENT "A" SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: County Judge Washington County INTERLOCAL COOPERATION AGREEMENT-HAZMAT Date SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: INTERLOCAL COOPERATION AGREEMENT-HAZMAT SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Springdale Mayor INTERLOCAL COOPERATION AGREEMENT-HAZMAT Date SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Greenland Mayor INTERLOCAL COOPERATION AGREEMENT-HAZMAT Date SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Prairie Grove Mayor INTERLOCAL COOPERATION AGREEMENT-HAZMAT Date SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Lincoln Mayor INTERLOCAL COOPERATION AGREEMENT-HAZMAT Date SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: West Fork Mayor INTERLOCAL COOPERATION AGREEMENT-HAZMAT Date SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Winslow Mayor INTERLOCAL COOPERATION AGREEMENT-HAZMAT Date SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Farmington Mayor INTERLOCAL COOPERATION AGREEMENT-HAZMAT Date SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Elkins Mayor INTERLOCAL COOPERATION AGREEMENT-HAZMAT Date SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Elm Springs Mayor INTERLOCAL COOPERATION AGREEMENT-HAZMAT Date SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Tontitown Mayor INTERLOCAL COOPERATION AGREEMENT-HAZMAT Date SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Goshen Mayor INTERLOCAL COOPERATION AGREEMENT-HAZMAT Date SIGNATORY PAGE This Interlocal Cooperation Agreement for Hazardous Materials Incident Response Services has been approved by resolution of the Quorum Court or City Council of the jurisdictions listed below and is entered into by their Chief Executive Officers: Johnson Mayor Date This agreement has been reviewed and considered to meet all state requirements for an interlocal agreement pursuant to Arkansas Code: Washington County Attorney Date INTERLOCAL COOPERATION AGREEMENT-HAZMAT