HomeMy WebLinkAboutR-2007-061 Tri-County Hazardous Materials Response TEAM Contract Termination & GROUP Contract AmendmentRESOLUTION NO. R-2007- 61
A RESOLUTION authorizing and directing the City Manager to terminate a contract with the
Tri -County Hazardous Materials Response Team and execute an amended
agreement with the Tri -County Hazardous Materials Response Group
including the City of Yakima into the corporation as a voting member.
WHEREAS, in November 2004, the City of Yakima, through its Fire Department, desired
to immediately improve the hazardous materials response capabilities of the Fire Department;
and
WHEREAS, the City of Yakima executed an agreement with the Tri -County Hazardous
Materials Response Team allowing it to participate in the Team as a contracting agency; and
WHEREAS, The Tri -County Materials Response Group has invited the City of Yakima to
become a voting member of its corporate entity and has amended its Articles of Incorporation
on February 21, 2007, to allow the City to become such a member; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to execute the attached agreement terminating the current contract and executing a
new assistance agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached "Termination of Agreement Between the Tri -County Hazardous Materials Response
Team and the City of Yakima" for continued interlocal cooperation in combating hazardous
materials incidents.
ADOPTED BY THE CITY COUNCIL this 17th day of April, 2007.
City Clerk
David Edler, Mayor
Termination of Agreement Between the Tri -County Hazardous Materials
Response Team and the City of Yakima
On or about p(c:yzmt'ZDOLi the City of Yakima, a municipal corporation of
the State of Washington ("Yakima"), and the Hazardous Materials Response Group,
a Washington non-profit corporation formed pursuant to the Interlocal Cooperation
Act, and identified as the Tri -County Hazardous Material Response Team ("Haz Mat
Group") entered into an agreement in which the Haz Mat Group and Yakima agreed
to cooperate in the delivery of various services relating to the response to hazardous
materials emergencies.
The Haz Mat Group and Yakima have now agreed that Yakima will be
afforded the opportunity to participate as a member of the Haz Mat Group. The
Articles of Incorporation of the Haz Mat Group have been amended to enable Yakima
to join the Haz Mat Group as a member, and
Yakima is desirous of becoming a member of the Haz Mat Group, and
therefore, there is no need for the aforementioned agreement to continue in effect,
NOW, THEREFORE,
IT IS AGREED by and between the Haz Mat Group and Yakima that the
above described agreement between the parties hereto is hereby terminated,
effective Apr l 1 1 , 2007.
IT IS FURTHER AGREED that Yakima has satisfied the buy -in requirement for
participation in the corporation, and therefore, upon the consent of the corporation
for the participation of a new member as provided by the bylaws, Yakima shall
become a member of the Haz Mat Group.
By execution of this document Yakima and the Haz Mat Group enter into the
Amended Hazardous Materials Incident Assistance Agreement, in the form attached
hereto. In so doing, Yakima confirms that it has appointed itself as the designated
Incident Command Agency within its boundaries under Chapter 70.136 RCW.
Cit of Yakima Hazardous Materials Res•onse roup
By: A
R. A. ibis, ity Manager
Dennis Mayo, ire Chief
Date: q /24107
CITY CONTRAC r N0: — $0R.
RESOLUTION NO: /
W:\Dan\HazMat\Termination of Agreement with Yakima.doc
By:
President
Date: L'21'09
•
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. Zi
FOR MEETING OF: April 17, 2007
ITEM TITLE: Consideration of a resolution authorizing the City Manager to_terminatea
contract with the Tri -County Hazardous Materials Response Team and
execute an amended contract with the Tri -County Hazardous Materials
Response Group including the City of Yakima into the corporation as a voting
member.
SUBMITTED BY: Dennis Mayo, Fire Chief
CONTACT PERSON/TELEPHONE: Charlie Hines, Deputy Fire Chief
575-6079
SUMMARY EXPLANATION:
The proposed resolution authorizes and directs the City Manager to terminate a current contract
and execute an amended contract between the City of Yakima and the Tri -County Hazardous
Materials Response Group (an interlocal corporate entity consisting fire departments in the
counties of Benton, Franklin, and Walla -Walla).
Yakima has been a "contracting municipality" with the Ti -County Hazmat Team since 2004.
Recently, the group's Articles of Incorporation were amended to allow the City of Yakima to
become a "participating municipality" of the corporation with no additional cost to the City.
Entering this new agreement will allow us to become a voting member. It affords us a greater
opportunity to steer and direct the team.
Resolution X Ordinance _ Contract X Other (Specify)
Funding Source: Fire Department Professional Services Account (125 522.40 410)
APPROVED FOR SUBMITTAL: \ Ths-L-• N
City Manager
STAFF RECOMMENDATION: Adopt proposed resolution.
BOARD RECOMMENDATION:
COUNCIL ACTION:. Resolution adopted. RESOLUTION NO. R-2007-61
/ .7952
Tri -County Haz Mat Group
1000 George Washington Way
Richland, WA 99352
AMENDED HAZARDOUS MATERIALS INCIDENT ASSISTANCE AGREEMENT
This agreement is entered into between the Hazardous Materials Response
Group, a Washington non-profit corporation referred to in this agreement as
"Corporation", and the undersigned Cities, Towns and Fire Protection
Districts, Washington municipal corporations, referred to as "Municipalities".
IDENTITY OF PARTIES
Corporation. The Corporation is a non-profit corporation formed under
Chapter 39.34 RCW, the Interlocal Cooperation Act, to establish a hazardous
materials response unit that will be equipped and staffed by trained personnel
to provide services required in responding to hazardous materials incidents.
The Corporation will have the capability to provide such services within the
geographical area serviced by the parties to this agreement.
Participating Municipalities. The Participating Municipalities are cities, towns
and fire protection districts which each provide emergency fire suppression
services within their own geographical boundaries and outside of such
boundaries under normal mutual aid agreements. Each of the Participating
Municipalities has appointed itself as the designated Incident Command
Agency within its boundaries under Chapter 70.136 RCW. Participating
Municipalities are members of the Hazardous Materials Response Group.
Contracting Municipalities. The Contracting Municipalities are cities, towns
and fire protection districts which each provide emergency fire suppression
services within their own geographical boundaries and outside of such
boundaries under mutual aid agreements. Each of the Contracting
Municipalities has appointed itself as the designated Incident Command
Agency within its boundaries under Chapter 70.136 RCW. Contracting
Municipalities are not members of the Hazardous Materials Response Group.
Participating Municipalities and Contracting Municipalities are hereafter some-
times collectively referred to as. "Municipalities", and individually as
"Municipality".
AMENDED HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
Other Contracting Entities. Other Contracting Entities are non-profit
corporations, business corporations or other persons, which are not
municipalities as defined hereinabove, and which desire to contract with the
Corporation for assistance in regard to hazardous materials incidents.
PURPOSE
The Participating Municipalities and the Contracting Municipalities have a
need for specialized assistance in combating hazardous materials incidents.
Since such Municipalities either do not maintain their own hazardous
materials response units or maintain only limited capability units,they have
the need for assistance from another source.
It is the purpose of this agreement to provide the terms and conditions under
which the Corporation's Hazardous Materials Response Team will respond to
the Municipalities. The parties recognize that the Corporation is not obligated
to respond to any particular incident.
DEFINITIONS
The terms, "hazardous materials", "person", "hazardous materials incident",
"governing body", "incident commander", "representative" and "profit", as
? used in this instrument, shall be defined as set forth in RCW 70.136.00.
The Host Department referred to in this agreement shall be the fire
department of one of the Participating Municipalities to be selected by the
Board of Directors of the Corporation.
AGREEMENT
To accomplish the above purposes and in consideration of the benefits to be
received by each party, the parties agree to the following information:
1. Response Plan. The Board of Directors shall from time to time
establish a series of response plans. The plans shall contain the
following information:
1.1 Identity of the types of incidents subject to the agreement.
1.2 Identity of potential incident locations.
1.3 The nature of the equipment that the Municipality will normally
dispatch to the incident.
Revised April, 1998 2
AMENDED HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
1.4 The number and qualifications of the Municipality's personnel
who respond to the incidents.
1.5 The identity of the hazardous materials incident representatives of
each of the Municipalities served under this agreement.
1.6 Other relevant information.
2. Request for Assistance. The commanding officer of a participating fire
department or the incident commander at the scene of an emergency, as the
designated representative, is authorized to request assistance from the
Corporation if confronted with a hazardous materials emergency situation at
which the requesting party has need for specialized equipment or personnel
that is not available in the requesting party's fire department.
3: Response to Request.
3.1 Requests for assistance from the Corporation shall be initiated by
the Incident Commander of the Municipality in which the incident
occurs.
3.2 Each Municipality shall provide a hazardous materials trained
Incident Commander as defined in the appropriate WAC.
3.3 Requested resources will be dispatched through the appropriate
Dispatch Center in accordance with the operating plans and
procedures established by the Corporation.
3.4 In the event the needed equipment and personnel are not
available, the Dispatch Agency will immediately advise the requesting
party of such fact.
4. Command Responsibility at Emergency Scene. The chief officer or senior
officer of the Municipality to which the response is made shall be in
command of the overall operations under which the equipment and personnel
sent by the Corporation shall serve; provided, that the responding
Corporation's equipment and personnel shall be under the immediate
supervision of the Haz Mat Team Leader. The overall operational command,
however, shall remain with the senior officer of the requesting Municipality
as required by WAC 296-62-3110.
5. Withdrawal of Assistance. The Corporation, at the scene of any incident,
may withdraw its assistance if it deems the actions or directions of the
Municipality to be contrary to accepted hazardous materials response
practices.
Revised April, 1998 3
AMENDED HAZARDOUS MATERIALS
—INCIDENT ASSIS-T-ANeE-AGREEMENT
6. Termination of Service. The equipment and personnel of the Corporation
shall be released from service and returned to the Corporation by the
Commanding Officer in charge of the operations as soon as conditions may
warrant. In the event of multiple haz mat incidents the incidents shall be
prioritized in accordance with potential hazards and available resources.
7. Law Enforcement Support. In the event the Corporation shall require law
enforcement assistance at the scene of any hazardous materials emergency
within a city or town, the city or town agrees to provide such services if
available.
8. Standard Operating Procedures. The Board of Directors shall, from time
to time, establish written operating procedures for the Hazardous Materials
Response Team. At such times as the procedures are issued or amended,
copies of the procedures shall be furnished to the Municipalities.
9. Purchase of Equipment.
9.1 From time to time as needed, the Board of Directors shall
establish the additional equipment to be provided by the Municipalities
and by the Corporation.
9.2 The Board of Directors shall establish procedures to insure that all
equipment and supplies purchased for use by the Response Team are
compatible.
9.3 All equipment purchased by individual Municipalities shall remain
the property of the Municipality purchasing such equipment.
9.4 In the event the Hazardous Materials Response Team is
disbanded, all equipment purchased under this agreement shall remain
the property of the Municipality purchasing such equipment.
9.5 All equipment purchased under this agreement shall be made
available for training purposes.
10. Training
10.1 Training requirements shall be established for members of the
Response Team, subject to WAC 296-62-300 to 3180 and other
training that may be approved by the Board of Directors.
Revised April, 1998 4
AMENDED HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
10.2 Each Participating Municipality shall be responsible for any and
all payments to its employees, including wages, tuition , etc. involved
in such training.
10.3 Each Participating Municipality shall contribute annually to the
Hazardous Materials Fund for instructor fees and approved associated
costs involved in training. The amount thereof shall be established by
the Corporation and will be part of the annual assessment.
11. Host Department
11.1 The Host Department shall be designated annually by the Board
of Directors.
11.2 The Host Department shall provide administrative and secretarial
support for the Hazardous Materials Response Team.
11.3 As part of the annual assessment, each Municipality shall pay
the Host Department per year, a sum as determined by the Board of
Directors pursuant to this agreement, to be applied toward actual
administrative overhead costs. By the 30th of June each year the
amount of the annual administrative overhead charge shall be reviewed
by the Board of Directors and adjusted as necessary to cover
anticipated costs. Overhead costs shall include only the following
expenses: clerical and billing services, office material necessary for
secretarial services and postage.
12. Budget and Funding. The Board of Directors shall:
12.1 Develop and submit to each Participating Municipality an annual
operational budget no later than July 30th of each year provided,
however, that the annual budget shall be subject to approval of the
governing body of each Municipality. The annual budget shall be
funded as follows:
12.1.1 Each Participating Municipality shall pay the regular
assessment and any special assessments established by the Board of
Directors, together with the training and Host Department fees
established hereinafter. Assessments levied against Participating
Municipalities shall be equal.
12.1.2 Each Contracting Municipality shall pay annually an amount
equal to the amount paid by each Participating Municipality as set
forth in Section 12.1.1, plus.a sum equal to 1.5 cents per thousand of
assessed valuation the "surcharge" of the city, town or district.
Revised April, 1998 5
AMENDED HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
The surcharge shall commence with the first anniversary of the
Contracting Municipality's participation in this agreement.
12.2 Determine a "buy -in" assessment for Municipalities desiring to
participate in the Hazardous Materials Response Team at a future date.
12.3 Establish a special fund under RCW 30.34.030 (4) (b), with the
Host Department's treasurer, designated "Hazardous Materials Fund"
for the purpose of depositing all funds received for the joint operation.
Funds accumulated in the Hazardous Materials Fund shall be utilized
solely for the continued operation of the Hazardous Materials
Response Team as determined by the Board of Directors.
12.4 In the event funds or other assistance becomes available to one
or more counties, under RCW 38.52.100, in which the Municipalities
are located, as a result of an emergency incident covered by this
agreement, the Board of Directors shall request the county to provide
reimbursement to the Hazardous Materials Fund for expenses incurred
in combating such emergency condition.
12.5 Authorize acceptance of "in-kind" contributions from Munic-
ipalities for the purpose of funding the Municipality's annual cost. In-
kind contributions shall be limited to equipment and materials
necessary for the efficient operation of the Hazardous Materials
Response Team.
12.6 Establish an annual charge for each Municipality, as determined
by the Board of Directors under paragraph 12.1 above, which shall
include all costs of operations and maintenance of the Hazardous
Materials Response Team other than (1) personnel costs and (2)
administrative overhead costs as defined in paragraph 11.3 above.
The annual charge shall be due on January 1 of each year' for that
year, and be paid within sixty (60) days.
J
12.7 Authorize unbudgeted expenditure(s) only with the prior
approval of the governing bodies of all the Participating Municipalities.
13. Personnel for Response Team.
13.1 The minimum number of individuals qualified to participate on
the Hazardous Materials Response Team shall be determined by the
Board of Directors.
Revised April, 1998 6
AMENDED HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
13.1.1 Participating Municipalities shall each provide a minimum of
one team member trained to operations level and who has successfully
completed Haz Mat I and II or equivalent course study. Participating
Muncipalities may provide a team member trained at the operations
level only provided that that individual will successfully complete the
next available Haz Mat I and II training classes.
13.1.2 Contracting Municipalities shall provide a team liaison trained
to operational level.
13.2 The Board of Directors shall select a Coordinator for the
Hazardous Materials Response Team, and such other officers as
necessary.
13.3 All personnel costs incurred by Municipalities as a result of this
agreement, except for secretarial services payable under subparagraph
11.3 above, shall be the sole responsibility of the Municipality
employing such personnel.
14. Charges for Service
14.1 The most current rate schedule as published by the Washington
State Association of Fire Chiefs shall be utilized by all Municipalities or
the Host Department in the event it is determined that a charge for
services is to be• made. The Municipality in whose jurisdiction the
incident occurred shall be the sole determiner as to whether a fee shall
be assessed for the use of its own apparatus and manpower. The
Board of Directors shall be the sole determiner as to whether a fee
shall be assessed for the use of the Hazardous Materials Response
Team's equipment and materials.
14.2 The Host Department shall provide the billing for equipment
fees, cost of materials used and personnel costs for both the
Hazardous Materials Response Team and the respective Municipalities
rendering services or assistance.
14.3 Fees and costs charged and actually received shall be disbursed
in the following manner:
a. All equipment fees and material costs received for services
of the Hazardous Materials Response Team shall be paid to the
Host Department and shall be deposited in the Hazardous
Materials Fund established under paragraph 12.3 above.
Revised April, 1998 7
AMENDED HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
b. All other fees and material costs received for equipment and
personnel shall be paid to the respective Municipalities rendering
services or assistance.
15. Liability. Except as otherwise provided in RCW 38.52.190, .195,
.198 and .200, if the Corporation or Municipalities shall be acting under a
county emergency plan as provided under Chapter 70.136 RCW, each party
agrees to assume responsibility for all liabilities that occur or arise in any way
out of the performance of this agreement by its personnel only, and to save
and hold the other party, its employees and officials harmless from all costs,
expenses, losses and damages, including cost of defense, incurred as a result
of any acts or omissions of the party's employees relating to the per-
formance of this agreement.
16. Insurance. Each Municipality agrees to maintain liability insurance
coverage for its own personnel and operations in an amount not Tess than
$1,000,000.00.
17. Severability. If any provision of this agreement or its applicationis
held invalid, the remainder of the agreement or the application of the
remainder of the agreement shall not be affected.
18. Benefits. This agreement is entered into for the benefit of the parties
to this agreement only and shall confer no benefits, direct or implied, on any
third person.
19. Modification. This agreement may only be modified by mutual
agreement of all Participating Municipalities executed in the same manner as
this agreement. '
20. Term. This agreement shall become effective as to each Municipality
at the time of the execution of the agreement by such Municipality. The
Agreement shall be in force from January 1 of the current year to January 1
of the following years and shall be automatically renewed. .A Municipality
may withdraw from this agreement by providing 60 days written notice of its
intent to withdraw to the Corporation. The Corporation may terminate this
agreement in its entirety or with any Municipality by providing 60 days
written notice of its intent to terminate to each Municipality.
21. Counterpart Agreements. This agreement may be executed by the
Municipalities in multiple counterparts, each of which shall constitute an
original.
Revised April, 1998 8
AMENDED HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
22. Profiteering Prohibited. Each Municipality and any other public agency
requested to assist with a hazardous materials incident response pursuant to
this agreement, shall not profit from the rendering of assistance.
23. Responsibility Party. Any party responsible for causing a hazardous
materials incident shall not be covered by the liability standard defined in
RCW 70.136.050.
24. Reporting and Record Keeping. A public agency requesting assistance
with a hazardous materials incident pursuant to this agreement shall be
responsible for recording the name of each person or public agency whose
assistance is requested, and the time and date of the request, which record
shall be retained for three (3) years by the Incident Command Agency.
25. Non -Exclusive Agreement. The parties to this agreement shall not be
precluded from entering into similar agreements or mutual assistance
agreements with other municipal corporations. This agreement shall not
preclude any Participating Municipality from establishing and operating its
own hazardous materials response unit.
26. Contracting Entities. The Corporation may contract to provide
assistance to other Contracting Entities regarding hazardous materials under
such conditions and provisions as the Corporation may establish.
27. Contracted Areas. The Corporation may extend the area served by the
Hazardous Materials Response Team to include areas contracted to by
Participating Municipalities but not lying within their geographical boundaries
and receiving fire protection services. Such extension of service shall be
submitted in writing for the Board's approval subject to the provisions
established by the Board.
HAZARDOUS MATERIALS
RESPONSE GROUP
Dated: 0/9$'
Revised April, 1998 9
Subscribed to me and
sworn to before me this ca?c,
of itv us 7 , 1998
-04 G f 1 v272. ----"j
Notary Sig ture''�ss�k‘R,,
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AMENDED HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
MUNICIPALITY
RICHLAN, WASHINGTON
Byvj(( �LK
11 Monley, Ci
Manager
Dated: May 5, 1998
Revised April, 1998 10
Subscribed to me and,
sworn to before me this {�t-
of
, 1998
AMENDED HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
MUNICIPALITY
KENNEWICK, WASHINGTON
By:
Wi. am L. Cameron,
City Attorney
Dated: June 23, 1998
Revised April, 1998
11
Subscribed to me and
sworn to before me this 23rd
of June
1998
Notary Signatu e
Expiration: 01/09/02
AMENDED HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
MUNICIPALITY
PASCO, WASHINGTON
1,
By..
By:
Dated: f rR \c1\�
Revised April, 1998 12
Subscribed to me and
sworn to before me this
Notary Signature
AMENDED HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
MUNICIPALITY
BENTON COUNTY .IRE DrSTRICT #1
By:
By: �/-•--e
Dated: 777 r
Revised April, 1998 13
Subscribed to me and
sworn to before me this -(1a
of .11/14,/ , 1998
0
AMENDED HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
MUNICIPALITY
BENTON COUNTY FIRE DISTRICT #2
Revised April, 1998 14
Subscribed to me and
sworn to before me this
of age • 1998
N ary Signatur
r ,ovuro 11,,
♦���. .
�►_. pion
1o1ARr`' r
PUBLIC cb:2•.
WA
L
AMENDED. HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
MUNICIPALITY
BENTO
OUNTY FIRE DIST r T #4
iBy: /v
Subscribed to me an /4
sworn to before me this
Date:
glY
Revised 1-14-98 15
"' wry Signature
AMENDED HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
MUNICIPALITY Subscribed to me and
sworn to before me this 2 S
FRANKLIN COUNTY FIRE DISTRICT #3 of Apr , 1998
16,
By:
Dated:
7v, sg'
Revised April, 1998 16
F
ary Signature
AMENDED HAZARDOUS MATERIALS
INCIDENT ASSISTANCE AGREEMENT
MUNICIPALITY
WALLA WALLA COUNTY FIRE
DISTRICT #5
Y
By: 4a,tei+
4. : /14
Dated: 4 -r-Y
Revised April, 1998 17
Subscribed to me and
sworn to before me this S 14t
of —47.'Q
1998
Noty Signature •
Tri County
Hazardous Materials
Response Team
ARTICLES OF INCORPORATION OF HAZARDOUS
MATERIALS RESPONSE GROUP
DT
I, the undersigned, acting as incorporator of a Corporation under
the provisions of the Washington Non-profit Corporation Act adopt
the following Articles of incorporation for such Corporation.
ARTICLE 1
The name of the Corporation shall be HAZARDOUS MATERIALS
RESPONSE GROUP.
ARTICLE 2
The duration of the Corporation shall be perpetual.
ARTICLE 3
This Corporation is organized in accordance with Chapter 39.34
RCW to permit local governmental units to act together to provide
emergency hazardous materials incident response services to
persons and properties located within the geographical area under
the jurisdiction of the local governmental units that are members of
this non-profit Corporation and that contract to receive services
from the Corporation. Specifically, the objectives of the
Corporation are as follows:
3.1 To provide emergency hazardous materials incident response
services including a Hazardous Materials Response Unit for the
area subject to the jurisdiction of the local governmental
members and the local governmental entities that contract for
services with the Corporation.
3.2 To receive gifts, endowments, devices and bequests which will
be used to carry out the purposes and objectives of this
Corporation.
U
3.3 To carry on any activities necessary to carry out the
objectives and purposes of this Corporation.
ARTICLE 4
The members of the Corporation may consist of cities, towns and
fire protection districts located in Benton County, Franklin County
and Walla Walla County. Each member shall be entitled to one
vote for each membership held on each matter submitted to the
vote of the members. Each of the members' delegate to the
Corporation the powers conferred on such member, under applicable
statutory provisions, that are necessary to carry out the purposes of
providing emergency hazardous material incident response services
within the area served under this agreement.
4.1 The management of the Corporation shall be vested in a Board
of Directors. The Board of Directors shall be composed of one
representative of each member of the Corporation who has
been elected or appointed as such representative by the
legislative body of such member of the Corporation and one
representative of each non- member municipal corporation
that contracts to receive services from the Corporation. Each
director shall hold office until replaced by his or her
respective legislative body.
4.2 The Corporation reserves the right to amend, alter, change, or
repeal any provision of these Articles of Incorporation in the
manner now or hereafter prescribed by Statute, and all rights
conferred on the members of the Corporation are granted
subject to this reservation.
4.3 No part of the net earnings of the Corporation shall inure to
the benefit of, or be distributable to, its members, directors,
officers, or other private persons, except that the Corporation
shall be authorized and empowered to pay reasonable
compensation for services rendered and to make payments
and distributions in furtherance of the purposes set forth in
Article 3. No substantial part of the activities of the
Corporation shall be the carrying on of propaganda, or
otherwise attempting to influence legislation, and the
Corporation shall not participate in, or intervene in (including
the publishing or distribution of statements), any political
campaign on behalf of any candidate for public office.
D \V/
ARTICLE 5
5.1 All assets, earnings, and funds of the Corporation shall be
subject to audit as provided for and in the manner set forth in
the laws of the State of Washington for the auditing of public
funds.
5.2 The operation of the Corporation shall be funded from
appropriations that may from time to time be received from
the United States Government, the State of Washington, the
members of the Corporation, and from donations received
from private individuals or entities.
5.3 The Board of Directors shall annually establish a budget for
the operation of the Corporation and shall be responsible for
maintaining such budget during each fiscal year.
ARTICLE 6
The Board of Directors of the Corporation shall provide rules and
regulations for the termination of the Corporation and for the
removal of any member of the Corporation. In the event of the
complete termination of the Corporation, all property owned or held
by the Corporation shall be returned to the public agency that
furnished the funds for the purchase of such property; provided,
however, that the Board of Directors shall have the authority to
resolve any disputes or controversies over the final disposition of
such funds or property; provided further, that the funds and
property must be transferred to a public agency as defined in RCW
39.34.020.
ARTICLE 7
The location of the registered office of the Corporation is 1000
George Washington Way, Richland, WA 99352
ARTICLE 8
The registered agent of the Corporation shall be Craig E. Williamson,
1000 George Washington Way, Richland, WA 99352
D
ARTICLE 9
The initial Board of Directors shall be composed of five (5) members.
The names and addresses of persons who are to serve as the initial
Directors of the Corporation are as follows:
Larry Ayre
P.O. Box 6481 Kennewick, WA 99337
Evelyn Walkley
Route 6 - Box 9830 Adkins Pasco, WA 99301
Garry McLain
Route 1 - Box 51 56 Richland, WA 99352
Kelvin Schuman
Route 1 - Box 1 394 Benton City, WA 99320
Roger Nelson Box 1437
Pasco, WA 99301
ARTICLE 10
The name and address of the incorporator of the Corporation is as
follows:
Craig E. Williamson
1000 George Washington Way, Richland, WA 99352
JANUARY 22, 1998
Tri County
Hazardous Materials
Response Team
BY-LAWS
OF
HAZARDOUS MATERIALS RESPONSE GROUP
ARTICLE I - OFFICERS
The corporation may have such offices as the Board of Directors may determine
or as the affairs of the corporation may require from time to time. The
corporation shall continuously maintain in the State of Washington a registered
office and a registered agent whose office is identical with such registered office
as required by the Washington Non -Profit Corporation Act. The registered office
may be, but need not be, identical with the principal office of the corporation
and the address of the registered office may be changed from time to time by
the Board of Directors.
ARTICLE II - MEMBERS
Section 1. Class of members. The corporation shall have one class of members
as specified in the Articles of Incorporation.
Section 2. Admission of members. An an illative vote of two-thirds of the
members of the Corporation shall be required to admit a municipal corporation
to membership.
Section 3. Withdrawal of members. Subject to the provisions of the Articles of
Incorporation, a member may withdraw from the Corporation provided that
such withdrawal shall no affect the financial contribution due from or on behalf
of such member for the current fiscal year. A member desiring to withdraw
from the Corporation shall provide written notice to the Board of Directors of
such intent to withdraw.
Section 4. Termination of membership. The membership of any member may
be terminated as follows:
1. Upon dissolution of the Corporation, the membership of all members is
automatically terminated.
2. By majority action of the Board of Directors of the Corporation in the
event a member fails to pay all membership fees and assessments within
60 days after written notification by the Corporation cf the amount of
such fees and assessments.
3. By the affirmative vote of two-thirds of the membership of the
Corporation.
ARTICLE III - BOARD OF DIRECTORS
Section 1. General Powers. The affairs of the corporation shall be managed by
its Board of Directors.
Section 2. Number, Term and Qualifications. The number of directors shall be
equal to the number of members of the corporation. Each director shall hold
office for a term specified by the member of the corporation appointing such
director and until a successor shall have been appointed and qualified. Each
member may appoint one director and shall notify the Board of the
appointment. An alternate may represent the appointed Director if approved by
the member.
Section 3. Meetings. All meetings of the Board of Directors shall be held in
conformity with Chapter 42.30 RCW.
Section 3.1. Regular Meetings. The regular annual meeting of the
Board of Directors shall be held during January of each year at
the designated office of corporation. The Board of Directors may
provide by Resolution for the time and place for the holding of
additional regular meetings of the Board without other notice than
such Resolution.
Section 3.2. Special Meetings. Special meetings of the Board of
Directors may be called by or at the request of the President or by
a majority of the directors. The person or persons authorized to
call special meetings of the Board may fix any place as the place
for holding any special meeting of the Board called by them.
Section 4. Notice. Notice of any special meeting of the Board of Directors shall
be given at least seven (7) days previously thereto by written notice delivered
personally or sent by mail to each director at the address as shown on the
records of the Corporation. If mailed, such notice shall be deemed to be
delivered when deposited in the United States mail in a sealed envelope so
addressed with postage prepaid. Any director may waive notice of any meeting.
The attendance of a director at any meeting shall constitute a waiver of notice of
such meeting, except where a director attends a meeting for the express
purpose of objecting to the transaction of any business because the meeting is
unlawfully called or convened. The purpose of the Board meeting must be
specified in the notice.
Section 5. Quorum. A majority of the Board of Directors shall constitute a
quorum for the transaction business at any meeting of the Board. If less than a
majority of the directors are present at any meeting, a majority of the directors
that are present may adjourn the meeting to a specific time and place and
provide notice to the absent directors.
Section 6. Manner of Acting. The act of a majority of the directors present at a
meeting at which a quorum is present shall be the act of the Board of Directors,
unless the act of a greater number is required by law of by these By -Laws.
ARTICLE IV - OFFICERS
Section 1. Officers. The officers of the Corporation shall be a President and
Vice -President. No two offices may be held by the same person.
Section 2. Election and Term of Office. The officers of the corporation shall be
elected annually by the Board of Directors at the regular annual meeting of the
Board of Directors. If the election of officers shall not be held at such meeting,
such election shall be held as soon thereafter as may be convenient. The term
of office of the officers shall begin the first day of the month following the
election. New offices may be created and filled at any meeting of the Board of
Directors. Each officer shall hold office until the successor shall have been duly
elected and shall have qualified.
Section 3. Removal. Any officer elected or appointed by the Board of Directors
may be removed by the Board of Directors whenever, in its judgement, the best
interest of the Corporation would be served thereby, but such removal shall be
without prejudice to the contract rights, if any, of the officer so removed.
Section 4. Vacancies. A vacancy in any office may be filled by the Board of
Directors for the unexpired portion of the term.
Section 5. President. The President shall be the principal executive officer of
the Corporation and shall in general supervise and control all of the business
affairs of the Corporation. The President shall preside at all meetings of the
members and of the Board of Directors. The President or Vice -President may
sign any other proper officer of the Corporation authorized by the Board of
Directors, any deeds, mortgages, bonds, contracts, or other instruments which
the Board of Directors has authorized to be executed, except in cases where the
signing and execution thereof shall be expressly delegated by the Board of
Directors or by these By -Laws or by statute to some other officer or agent of the
Corporation. The President shall perform all duties incident to the office of the
President and such other duties as may be prescribed by the Board of Directors
from time to time.
Section 6. Vice -President. In the absence of the President, or in the event of
the President's inability or refusal to act, the Vice -President shall perform the
duties of the President, and when so acting, shall have all the powers of and be
subject to all of the restrictions upon the President. The Vice -President shall
perform such other duties as may, from time to time, be assigned to the
position by the President or by the Board of Directors.
ARTICLE V - COMMITTEES
Section 1. Committees. Committees not having and exercising the authority of
the Board of Directors in the management of the corporation may be appointed
in such manner as may be designated by resolution adopted by a majority of
the directors present at a meeting at which a quorum is present. Except as
otherwise provided in such resolution, members of each committee shall be
members of the Corporation and the President of the Corporation shall appoint
members. Any member of the committee may be removed by the person
authorized to appoint such member whenever the best interest of the
Corporation shall be served by such removal.
Section 2. Term of Office. Each member of a committee shall continue as such
until the committee shall be terminated unless such member be removed from
such committee or unless such member shall cease to qualify as a member.
Section 3. Chairperson. One member of each committee shall be appointed
Chairperson by the person authorized to appoint the members.
Section 4. Vacancies. Vacancies in the membership of any committee may be
filled by appointments made in the same manner as provided in the case of the
original appointments.
Section 5. Quorum. Unless otherwise provided in the resolution of the Board
of Directors designating a committee, a majority of the whole committee shall
constitute a quorum and the act of a majority of the members present at a
meeting at which a quorum is present shall be the act of the committee.
Section 6. Rules. Each committee may adopt rules for its own government not
inconsistent with these By -Laws or with the rules adopted by the Board of
Directors.
ARTICLE VI - CONTRACTS, CHECKS, DEPOSITS, AND FUNDS
Section 1. Contracts. The Board of Directors may authorize any officer of
officers, agent or agents of the Corporation, in addition to the officers
authorized by these By -Laws, to enter into any contract or execute and deliver
any instrument in the name of and on behalf of the Corporation, and such
authority may be general or confined to specific instances.
Section 2. Gifts. The Board of Directors may accept on behalf of the
Corporation any contribution, gift, bequest or devise for the general purposes or
for any special purposes of the Corporation.
ARTICLE VII - BOOKS AND RECORDS
The Corporation shall keep correct and complete books and records of account
and shall also keep minutes of the proceedings of its Board of Directors and
shall keep at the registered or principal office a record giving the names and
addresses of the members entitled to vote. All books and records of the
Corporation shall be maintained for municipal corporations, and shall be
audited annually.
ARTICLE VIII - FISCAL YEAR
The fiscal year of the Corporation shall begin on the first day of January and
end on the last day of December in each year.
ARTICLE IX - WAIVER OF NOTICE
Whenever any notice is required to be given under the provisions of the
Washington Nonprofit Corporation Act or under the provisions of the Articles of
Incorporation or the By -Laws of the Corporation, a waiver of the notice in
writing, signed by the person or persons entitle to such notice, whether before
or after the time stated in the notice, shall be deemed equivalent to the giving of
such notice; except where prohibited by law.
ARTICLE X - AMENDMENTS TO BY-LAWS
These By -Laws may be altered, amended or repealed and new By -Laws may be
adopted by a majority of the directors present at any regular meeting or at a
special meeting, if at least seven days written notice is given of intention to
alter, amend, repeal, or to adopt new By -Laws at such meeting.
Originally adopted at a regular meeting of the Board of Directors on January
19, 1987. Adopted as amended at a regular meeting of the Board of Directors
on April 17, 2002.
ARTICLES OF FOURTH AMENDMENT TO THE
ARTICLES OF INCORPORATION
OF
HAZARDOUS MATERIALS RESPONSE GROUP
Articles of Amendment to the Articles of Incorporation of Hazardous Materials
Response Group are adopted by said Corporation as follows:
I. The name of the Corporation as shown on the Articles of Incorporation is
HAZARDOUS MATERIALS RESPONSE GROUP.
II. The amendment to the Articles of Incorporation adopted by the
Corporation is as follows:
The Introduction of ARTICLE 4 is amended to read as follows:
The members of the Corporation may consist of Cities, Towns, Fire Protection
Districts and other governing agencies located in Benton County, Franklin
County, Walla Walla County and Yakima County which have resources,
personnel and equipment to engage in fire suppression. Each member shall be
entitled to one vote for each membership held on each matter submitted to the
vote of the members. Each of the members delegate to the Corporation the
powers conferred on such member, under applicable statutory provisions, that
are necessary to carry out the purposes of providing emergency hazardous
material incident response services within the areas served under this
agreement.
III. The date of the adoption of the amendments by the members of the
Corporation through its Board of Directors was Fenrunr j Zi , 2007.
IV. The number of Directors entitled to vote on the amendment was
8
V. The number of Directors who voted for the measure was LP , and
the'number of Directors who voted against the measure was
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ARTICLES OF THIRD AMENDMENT - 1
W:\Dan\HazMat\Articles of Fourth Amendment 2-12-07.doc
President
w
Secretary
HAZARDOUS MATERIALS RESPONSE GROUP
RESOLUTION OF DIRECTORS
REGARDING FOURTH AMENDMENT TO ARTICLES
OF INCORPORATION
WHEREAS, the Membership of the Corporation acting through the Board df
Directors, has reviewed the Articles of Incorporation as amended, hereby adopt the
following resolution.
BE IT RESOLVED by the Hazardous Materials Response Group that the Articles
of Incorporation of the Corporation be amended as follows:
The Introduction of ARTICLE 4 is amended to read as follows:
The members of the Corporation may consist of Cities, Towns, Fire Protection
Districts and other governing agencies located in Benton County, Franklin
County, Walla Walla County and Yakima County which have resources,
personnel and equipment to engage in fire suppression. Each member shall be
entitled to one vote for each membership held on each matter submitted tothe
vote of the members. Each of the members delegate to the Corporation the
powers conferred on such member, under applicable statutory provisions, that
are necessary to carry out the purposes of providing emergency hazardous
material incident response services within the areas served under this
agreement.
BE IT FURTHER RESOLVED that the Corporation restate its Articles of
Incorporation, to include this amendment.
ADOPTED at a meeting of the Directors of the Corporation held on
Fehr War II 2I , 2007.
tv
Secretary
-1-
W:\Dan\HazMat\Resolution of Directors 2-12-07.doc
Termination of Agreement Between the Tri -County Hazardous Materials
Response Team and the City of Yakima
On or about Nnvernt .0 2C04 the City of Yakima, a municipal corporation of
the State of Washington ("Yakima"), and the Hazardous Materials Response Group,
a Washington non-profit corporation formed pursuant to the Interlocal Cooperation
Act, and identified as the Tri -County Hazardous Material Response Team ("Haz Mat
Group") entered into an agreement in which the Haz Mat Group and Yakima agreed
to cooperate in the delivery of various services relating to the response to hazardous
materials emergencies.
The Haz Mat Group and Yakima have now agreed that Yakima will be
afforded the opportunity to participate as a member of the Haz Mat Group. The
Articles of Incorporation of the Haz Mat Group have been amended to enable Yakima
to join the Haz Mat Group as a member, and
Yakima is desirous of becoming a member of the Haz Mat Group, and
therefore, there is no need for the aforementioned agreement to continue in effect,
NOW, THEREFORE,
IT IS AGREED by and between the Haz Mat Group and Yakima that the
above described agreement between the parties hereto is hereby terminated,
effective /9 pr , 2007.
IT IS FURTHER AGREED that Yakima has satisfied the buy -in requirement for
participation in the corporation, and therefore, upon the consent of the corporation
for the participation of a new member as provided by the bylaws, Yakima shall
become a member of the Haz Mat Group.
By execution of this document Yakima and the Haz Mat Group enter into the
Amended Hazardous Materials Incident Assistance Agreement, in the form attached
hereto. In so doing, Yakima confirms that it has appointed itself as the designated
Incident Command Agency within its boundaries under Chapter 70.136 RCW.
City of Yakima Hazardous Materials spon.e Group
By: By:
R. A. ibis, Jr. City Manager
By:
Dennis Mayo, Fire Chief
Date: Date: Z- ?I - O1
W\Dan\HazMat\Termination of Agreement with Yakima.doc