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HomeMy WebLinkAboutR-2004-154 Tri-County Hazardous Materials Response Team Agreementt,. RESOLUTION NO. R-2004-154 A RESOLUTION authorizing and directing the City Manager to execute an agreement between the City of Yakima and the Tri -County Hazardous Materials Response Team for assistance in combating hazardous materials incidents in the City of Yakima. WHEREAS, the City of Yakima, through its Fire Department, desires to immediately improve the hazardous materials response capabilities of the Fire Department; and WHEREAS, the City of Yakima recognizes the dangers of hazardous materials located on freeways, railways, warehouses and contained within weapons of mass destruction; and WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima to enter into an agreement for the protection of its citizens and travelers in accordance with the terms and conditions of the attached 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 "Agreement between the Tri -County Hazardous Materials Response Team and the City of Yakima" for assistance in combating hazardous materials incidents in the City of Yakima. ADOPTED BY THE CITY COUNCIL this 5th day of October , 2004. ATTEST: "lA•ti.A.,,... City Clerk Paul P. George, Mayor AGREEMENT BETWEEN THE TRI -COUNTY HAZARDOUS MATERIALS RESPONSE TEAM AND THE CITY OF YAKIMA I. PURPOSE This agreement is made and entered into between the City of Yakima, a Washington municipal corporation ("City") and the Tri -County Hazardous Materials Response Team ("HAZMAT Team"), a Washington non-profit corporation. The City of Yakima desires specialized assistance in combating hazardous materials incidents. The HAZMAT Team is willing to provide such assistance in accordance with the terms and conditions below. The purpose of this agreement is to describe the areas of responsibility, cooperation, and assistance between the City and the HAZMAT Team. Further details regarding ;operations, specific responsibilities, and other requirements applicable to the parties are related in detail in their respective emergency response plans and procedures. II. DEFINITIONS The terms "hazardous materials" and "hazardous materials incident" as used in this agreement shall be defined as set forth in RCW 70.136.020. III. AREAS OF RESPONSIBILITY A. City of Yakima. i. Coordination. The Yakima Fire Department is responsible for the response to and mitigation of hazardous materials incidents in the City of Yakima, and shall coordinate all aspects of this agreement on behalf of the City. . ii. Incident Support. For all HAZMAT Team responses to locations within the City of Yakima, the City agrees to provide an engine company and basic life support ambulance to the scene. In the event the HAZMAT Team shall require law enforcement assistance at the scene of any hazardous 'materials emergency within the City, the City agrees to provide such services if available. iii. Team Members. The City shall provide at least five trained firefighters to participate on the HAZMAT Team. iv. Medical Surveillance. The City shall ensure all City members of the HAZMAT Team meet the medical surveillance requirements in Emergency. Response to a Hazardous Substance Release WAC 296-824- 400. Page 1 of 5 v. Buy -In. The City will provide the HAZMAT Team with equipment received under a Department of Justice Weapons of Mass Destruction Grant to satisfy the one-time $10,000 buy -in requirement. The equipment is to be used as deemed appropriate by the HAZMAT Team. The equipment is as follows: Item Description Pkg. Qty. total RPAS PAPR 1 per 20 20 RPAS PAPR 1 per 17. 17 PAPR cartridges 6 per 10 60 PAPR cartridges 6 per 10 60 Cool vests 2 per 1 2 Cool vests 2 per 5 10 Level A boots 13 Over boots 50 per 1 50 Over boots 50 per 2 100 Ansul gloves 40 per 1 . 40 Nitrile gloves 18 per 3 54 Cryogenic gloves 10 per 1 10 Level A suit tape 24 per 1 24 Level A suit tape 24 per 2 48 Level A suit bags 15 per 1 15 Level A suit (Lakeland) 1 per 12 12 Level A suit (Kappler) 1 per 2 2 Level B suit 6 per 16 96 vi. Annual Assessment. The HAZMAT Team shall submit to the City an annual assessment equal to the assessment levied against all other municipalities participating in the HAZMAT Team for that year. The City shall pay such assessment when due. The HAZMAT Team may, in its sole discretion, accept "in-kind" contributions from the City to cover the City's annual assessment in the form of equipment or materials necessary for the efficient operation of the HAZMAT Team. B. Tri -County Hazardous Materials Response Team i. Response. The HAZMAT Team will respond to any hazardous materials emergency within the City when requested by the commanding officer or the incident commander at the scene of an emergency in the City. ii. Dispatch. The HAZMAT Team will be dispatched through the appropriate Dispatch Center in accordance with the operating plans and procedure established by the HAZMAT Team. In the event the needed equipment and personnel are not available, the Dispatch Agency will immediately advise the requesting party of such fact. Command Responsibility at Emergency Scene. For responses within the City, the chief officer or senior officer of the City shall be in command of the overall operations under which the equipment and personnel sent by Page 2 of 5 the HAZMAT Team shall serve; provided, that the HAZMAT Team's equipment and personnel shall be under the immediate supervision of the HAZMAT Team Leader. The overall operational command, however, shall remain with the senior officer of the City. iv. Procedure. The HAZMAT Team shall operate using its own internal operating procedures established by its Board of Directors. As procedures are issued or amended, copies of the procedures shall be furnished to the City. v. Termination of Service. The equipment and personnel of the HAZMAT Team shall be released from service by the Commanding Officer in charge of operations as soon as conditions may warrant. In the event of multiple Hazardous materials incidents within the response areas of the HAZMAT Team, the incidents shall be prioritized in accordance with potential hazards and available resources. vi. Withdrawal of Assistance. The HAZMAT Team may withdraw its assistance from the scene of an incident if it _ deems the actions or directions of the City are contrary to accepted hazardous materials response practices. vii. Training. The HAZMAT Team shall provide a competency -based training program in Yakima to meet, as a minimum, the nine(9) mandated 29 CFR 1910.120 (q) (6) (iii) objectives for technician level. The Team Training Coordinator will supply the Yakima City Deputy Fire Chief with quarterly and end of year reports regarding team members training hours. Failure to attend the minimum 24 hours of training may result in a team member's removal from the HAZMAT Team. viii. Maintenance of Equipment. The HAZMAT Team shall be responsible for maintenance and testing of all personal protective equipment and instrumentation in the Team's inventory. ix. Charge for Service. Any person responsible for causing a hazardous materials incident shall not be covered by the liability standard defined in RCW 70.136.050. The HAZMAT Team shall be the sole determiner as to whether a fee shall be assessed against a responsible party for the use of the HAMAT Team's equipment and materials. The City shall be the sole determiner' as to whether a fee shall be assessed against a responsible party for the use of the City's equipment and materials. Fees and costs charged and actually recovered shall be disbursed as follows: fees and costs received for services of the HAZMAT Team shall be paid to the HAZMAT 'Team; fees and costs received for services of the City shall be paid to the City. IV. TERMS OF AGREEMENT Page 3 of 5 A. Tenn. This agreement will become effective on , and shall continue until terminated by either party in accordance with Section IV(E) below. B. Integration and Modification. This agreement sets forth all of the terms and conditions of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery. hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this agreement shall be effective unless in writing and signed by the parties. C. Incident Command Agency. The City of Yakima represents that it has designated itself the incident command agency for all areas of the city and those areas served by contractual agreement per Chapter 6.90.010 of Yakima Municipal Code. D. Liability. Each party agrees to assume responsibility for liabilities that occur or arise in any way out of the party's performance or non-performance of this agreement. E. Early Termination. This agreement may be terminated by either party upon ninety (90) days prior written notice. F. Ownership of Equipment. All equipment purchased by the City other than the Buy -In equipment described above shall remain the property of the City. If this agreement is terminated by the HAZMAT Team, the HAZMAT Team shall return any equipment provided by the City other than the Buy -In equipment to the City in good working order. If this agreement is terminated by the City, the HAZMAT Team may retain equipment furnished by the City to the HAZMAT Team, including the Buy -In equipment. G. 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. H. 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 the City from establishing and operating its own hazardous materials response unit. I. Severability. If any provision of this agreement or its application is held invalid, the remainder of the agreement or the application of the remainder of the agreement shall not be affected. J. Non -Waiver. The waiver by the City or the HAZMAT Team of the breach of any provision of this agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from Page 4 of 5 thereafter enforcing such provision. K. Survival. Any provision of this agreement that imposes an obligation after termination of this agreement shall survive the termination of this agreement and shall be binding on the parties to this agreement. L. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Washington. M. Compliance with Law. All parties to this agreement shall comply with all applicable federal, 'state, and local laws, rules, and regulations in carrying out the terms and conditions of this agreement. N. Profiteering. A party requested to assist shall not profit from rendering assistance. O. Record Keeping. The parties shall be responsible for recording the name of the person or agency whose assistance is requested pursuant to this agreement as well as the time and date of the request, which records shall be retained for at least three years by the incident command agency. APPROVED FOR THE CITY OF YAKIMA R. A. Zais, Jr. ity Manager 0.470` Dennis Mayo, Fire Chief / 0 - 7 —0'I Date /7 /s -o �( Date APPROVED FOR THE TRI -COUNTY HAZARDOUS MATERIALS RESPONSE TEAM Alan Mehlenbacher, President Date Tri -County Hazardous Materials Response Team CITY CONTRAC ( NO:_____________ ` RESOLUTION N0: 4 %„QQy /'s7 Page 5 of 5. K-ofi BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT /� ITEM NO. FOR MEETING OF: October 5, 2004 ITEM TITLE: authorizing and directing the City Manager to execute an Agreement between the City of Yakima and the Tri -County Hazardous Materials Response Team. SUBMITTED BY: Dennis Mayo, Fire Chief CONTACT PERSON/TELEPHONE: Brian Schaeffer, Deputy Fire Chief 575-6079 SUMMARY EXPLANATION: The proposed resolution authorizes and directs the City Manager to execute a contract between the City of Yakima and the Tri -County Hazardous Materials Response Team (team consists of fire departments in the counties of Benton, Franklin, and Walla - Walla). Our community has numerous hazardous materials in its presence via freeways, railways and warehouses. Weapons of mass destruction are an additional community and nationwide threat. The Yakima Fire Department becoming a part of a regional HazMat team provides appropriate response to possible chemical and biological disasters. Our area does not have the funds or local resources to affect a reasonable emergency response to major hazardous material incidents. Regionalization of a hazardous materials team to respond to, high hazard, high-risk incidents is the only appropriate, cost effective approach. Contractual costs estimated to be no more than $5,000 per year. Resolution X Ordinance Contract Other (Specify) Funding Source: Fire Department Professional Services Account (125 522.40 410) APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt proposed resolution. BOARD RECOMMENDATION: City Council Public Safety Committee has considered and recommends the proposed agreement with the Tri- County Hazardous Materials Response Team. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-154