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HomeMy WebLinkAboutAgenda Report - May 19, 2004 E-12AGENDA ITEM E-1 It • CITY OF LODI 1W COUNCIL COMMUNICATION TM AGENDA TITLE: Authorize the City Manager to Sign the Inter -County Hazardous Materials Response Team Agreement MEETING DATE: May 19, 2004 PREPARED BY: Michael E. Pretz, Fire Chief RECOMMENDED ACTION: That Council authorizes the City Manager to sign the Inter -County Hazardous Materials Response Team Agreement. BACKGROUND INFORMATION: In December 2002, San Joaquin County entered into an agreement between Amador and Stanislaus Counties to provide Hazardous Materials Response. The San Joaquin Hazardous Materials Response Team is made up of members from throughout the County and participating cities. The City of Lodi Fire Department is one of those participating members. Attached to this council communication is a copy of the agreement. The agreement is a cooperative agreement and will allow the City of Lodi to recoup its costs for providing this service should it be needed. The agreement is a 10 year agreement and allows the City of Lodi to withdraw with 30 days notice should it desire. It is staffs recommendation that Council authorize the City Manager to sign the agreement. FUNDING: None MEPAh cc: D. Stephen Schwabauer, Interim City Attorney Attachment ichael E. Pretz, Are Cliief APPROVED:/' ,, H. Dixon Flynn, City BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF AMADOR, STA'n, OF CALIFORNIA 1-I 'T'1l E MATTER. CSP: RES01,1.3TI N APPROVING AGREEMENT RESOLUTION NO. 04-096 FOR PARTICIPATION lid T1JF CENTRAL ) VALLEY HAZARDOUS MATERIALS RESPONSE SYSTE } E I°I' RESOLVED by the Board of Supervisors of the County of Amador, State of C.alifbmia, that said hoard does hereby approve the agreement by and between the County of Amad€ r and the County of San Joaquin, City of Stockton, City of Lodi, City of Tracy, City of Manteca, City of Ripon, Lathrop -Manteca Rural County .Dire Protection District, Ripon Consolidated Fire,:District, Woodbridge Rural Fire Protection Disuict, Linden -Peters Rural County Fire Protection District, okeluzn eRural Fire Protection District, Clements dural f=irc Protection District', and Esc:alon Consolidated Fire Protection District; and BE ITFURTHER E.R RESC LVED that the Chairman of said Beard is hereby authorized to sign and ext,cute said agreement on behalf 0f the County of AAi a or. The f0re gOing resolrrtiorr was duly passed and adopted by the Board of Supervisors of the County of A ador 31 a. re trlrtr I-Ilecting thereof, held on the 9th clay of Maroh 2004, by the (011.0wirlg vote: AYS_ Richard M. Forster, Rich P', Esc:amilla, Richard P. Vinson, and Louis D. Boitano NOES: None A.BS ENT: Miro Bial;r C' n. ,. Vice-chahmas , Board of Supervisors ATTEST: S`f `: i ARDELL ANDERSON, Clerk of the Beard of Super -visors, Amador County, aiirr-rig. Dep ty (RESN-UTION MU 04-096) l :1.i�vl'I°lt.i_?S 1t}()�stfi30131i�{, ce2t alb'3ey`ritELtytA'I_eesoi,doc T!' iF !NSTRUAENT IS A C0RF\E(1'1 COPY OF THE ORIGINAL ON Fli_E iN THIS OFFICE r EST, ' AIAR 10 2004 eputyClerk of the Board of Super ors Amadur County, Califorma (Ci31�3�}l�0�4) Before the Board of SupervisOrs County Sart Joaquin, State of Califomia - 02-1 532 MC)Tl()N- SIEGLOCKIGUTIERREZ AGREE MENT FOR PARTICIPATION EN CENTRAi., VALLEY HAZARDOUS MATE SPONSE SYSTEM THIS BOARD OF SUPERVISORS DOES HE -R BY AUTHORIZE the Chairman to sign the Agn�ernent for Participation in C o.ntral Valley Hazardous Materials Response System with Arnadcr and Stan:slaus Counties for hazardous mate -rials emergency response services. I 14ERE13Y CERTIFY that the above order was passed and adopted on y the f6flowing vote of thc- Board of Supervisors, to wits AYES: AvC NONE S NONE ABSTAIN, NONE 1213102 LOIS M. SAHYOUN Clerk of she Board of SuNrvism County of Sacs Joaquin 0,91 N, Slam of uifornia LOIS ISI.1 HYOE. N4 COB t 7 AGREE ENT FOR PARTICIPATION IN I CETWRAL. VALLEY HAZ RDOLJS MATERIALS RESPONSE SYSTEM DEC 3 2W This AGREEME� N'F is made this * day of s 2002, by and between the C OU'N'_[�Y OF STAN SLAVS (hereinafter "S°: ANIS SIS), a political subdivision of the State "' h" ,thy, C:OLtNTY OF AMADOR (hereinafter "A. ADOR"), as political subdivision of the State of Cah" (01-nia, wild the COUNI'Y OF SAN JOAQUIN, CITY OF STOC KION, CITY OF L.OD!, CIT OF TRACY, CITY OF MANTECA, CITY OF RIPON, LATLIROP-MANTECA RURAL, ("OLINTY FIRE PROTECTION DISTRICT, RIPON CONSOLIDATED FIRE DISTRICT, WOODBRIDGE RL)RAL EIRE PROTECTION DISTRICT, LINDEN -PETERS RURAL C t.JINTY FIRI" PROTECTION DISTRICT, :VfOKELUTMNE RURAL FIRE. PRO I I C'TION DIST RIC.T, C'L.E'MENTS RURAL FIRE PROTECTION DISTRICT; and ESCAL ON CONS01,1DATED I: -IRE PROTECF ION DISTRICT (hereinafter "SAN JOAQUIN .IC?INT I-IAZ RDOUS MATERIALS TEAM). W14ER�EAS, the potential continues to grow in the Central Valley and adjacent foothill areas hDr serious rcleaases cif haazairdo s rnateriaals which could strain the ability of local hazardous materials technical rc.spotase systems to effectively handle; WHEREAS, the ability of-junsdictions to effectively assist cash other with hazardous matenals technical resources depends upon the existence of an ongoinc, Operational relEationshiPi aalid, WHEREAS, the cost of maintaining the capability to effectively respond to serious hazardous nn atcrlatls releases can bo reduced throe h a cooperative effort by counties, cities, and special di-stricts in the Central Valley and foothill region. NOW,THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter set forth, the parties hereby agree as follows: 1R—Y I�I 1- COOPERATIVE H.4GARDC)tiS vSATER[ALS RESPONSE Fetch patsy agrees to: 1 _ Respond one (1) Type I Hazardous Materials Company to a serious hazardous materials incident Capon the request of a Requesting Party, provided, however, that such response would not cause that party to fail to respond, meet or address an occurring or potential, serious threat to the health, safety, environment, or welfare of the public within its own jurisdiction. ?. Respond such resources as it may possess that can perform mass decontamination operations, at the request of a Requesting; Party, provided, however, that such response would not cause that party to fail to respond, meet or address an occurring or potential, serious threat to the health, safety, environment, or welfare of the public within its own jurisdiction. -1. Ira Requesting Party does not possess at least one (1) Type I Hazardous Materials (Company capable of responding upon the request of a Responding Party, the Requesting Party will pay the costs of the response of Type 1 Hazardous Materials Companies and/or resources capable of per€orming mass decontamination operations possessed by Responding Party into its jtuiadicaion as follows: a) Subject to Subparagraph (d) below, actual wages and benefits of responding personnel calculated from the time of dispatch to the incident, whether from the duty station or home of the responding personnel, until the time when equipment and personnel are returned to normal readiness condition, including response time, on -scene activities, and clean up activities, and (ID) Direct costs of consumable equipment and supplies used in responding, and (c) A fee of Seventy-five Cents ($0.75) per mile for each responding vehicle, calcuiated from the point of departure upon dispatch to the return to duty stations. (d) A minimum fee of Five Hundred Dollars and No Cents ($500.00) or the costs incur -ed per i'aragraphs (a), (b), and (c) above, whichever is higher, for any single response when, after dispatch, the responding party personnel and equipment leave thein duty station or quarters. ARTICLE 2_ IM, BURSENIL EN I' FOR EXT'ENt?E1� RESPONSE Requesting Parties not subject to Article 1, Paragraph 3, shall upon completion, of the 24th hour''rom the time of initial dispatch of resources from a Responding Party to an individual incident pay actual wages and benefits of personnel that continue to perform services under this Agreement from that point in time as well as direct costs of consumable equipment and supplies used atter the 24th hour from the time of initial dispatch of resources from the Responding Party, ARTICLE 3, PROVISION OF COMMAND AND SUPPORT Requesting Party further agrees to, Provide authorized personnel to assume command and control for their -jurisdiction of each incident to which resources of Responding Party are dispatched. Provide personnel trained and equipped to perform responder decontamination for T ,pe = Hazardous Materials Company personnel and equipment. Assume responsibility for monitoring clean Lip and abatement activities once the situation is stabilized, 4. Provide food, fluids; and fuel as needed for personnel of Responding Patty at no charge. Not intentionally direct or cause resources of other parties to this Agreement to violate written policies and procedures of their jurisdiCion. 6. Not direct or cause resources of other parties to this Agreement to be engaged in arranging for, or performing, clean up or proper disposal of hazardous materials/waste. t" lL IC LE Al_ SEAf3IvISFIML;NT QF OPERATIONAL EtEL.ATIaNStIIP A Central Valley Hazardous Materials Response System Steering Committee is hereby established which consists of one representative of each of the parties to this Agreement. It will be the responsibility of this committee to conduct at least a biennial meeting to verify call out and dispatch procedures, establish training and response criteria for hazardous materials technical resources governed by this Agreement, establish common response policies and procedures to the extent practicable, plan and coordinate the _annual joint training session, monitor compliance by 1PU ties ro this Agreement, and establishment such other policies and procedures as may benefit the smooth execution of this Aercement- Each party to this Agreement shall participate in an annual joint training session intended to develop operational rclanonshms and inter -agency familiarity, parties not capable of responding a 'hype l Hazardous Materials Company shall participate in this annual training session with such personnel as may direct, call out, or cooperate with responding -'Type t Hazardous Materials Companies of other parties. ARTIO- T TERMS AND DE INITIONS Tpe 1 Hazardous, Ma eriajs Tgm_p py avid be defined as 8 personnel certified by the Sue of California as Hazardous Materials Technician or Specialist responders capable of handling unknown hazardous materials to include I each hazardous materials group supervisor, t each ass€slant safety officer hazardous materials, € each entry team leader-, 1 each decors team leader, 2 each cony team members, and 2 each back up entry team members. Minimum equipment will elude all levels of personal protective equipment up to Level A fully encapsulating suits and sell' contained breathing apparatus, defection equipment to include a field categorization kit, air ntodchlig software, and containment equipment capable of plugging and/or patching vapor leaks and/or intervening with large fluid leaks. ARTHZLE 6: Tbtom OF AGREEMET-' Phis Agreement shall automatically terminate in the year 2012 on the day and month first hereinabove mentioned, Provided, however, that [lie term of this Agreement may be extended from pear -to -year on the same terms and conditions as set forth herein upon the mutual consent of the parties, including any additional parties to the Agreement. Any party may withdraw from this Agreement upon 30 -day written notice to the other party or parties. AIRTICLE i. ADDITIONAL PARTIES Additional parties public entities, including special districts, may join hr this Agreement and become member entities upon execution of an Exhibit to this Agreement in which the entity agrees to be subject to the conditions and terms of this Agreement. The executed Exhibit shall automatically become part of this Agreement after the expiration of thirty days notification to all other parties by the new patty. Within the thirty day notification period, any existing party to the A,neement who obiects to the addition of the particular entity becoming a member to the Agreement must give notice to all parties of the Agreement. If such objection is given to all parties within the thirty day period, [lie inclusion of the new party to the Agreement shall require the unanimous consent of the rest of the then member parties. ARTICLE 1CL S. Iiv�DEMNIFICATION ANIS HQLD HARNII.ESS E.actr party agrees to indemnity, defend, hold harmless, and provide for attorney's fees and court costs in the event that there is a claim of any type against the requested party concerning Ow,, activity of the requesting party under this Agreement. Provided, however, this paragraph shall not apply to those acts which are the negligence or the omission to act of the requested party, their employees or auents. ARTICLE 9. SAAKiES EMPLOYMENT AND WORKEFs S CC}NIPENSATION At all times and for all activities under this Agreement, the employees for the requested party shall remain and be considered employees of that party and not that of the requesting party, and shall be considered employees of the requested party for any type of insurance coverage including, but not limited to, Worker's Compensation coverage. At all tithes and for all activities under this Agreement, the employees for the requesting party shall remain and be considered er..Ployccs of that party and not that of the requested party, and shall be considered employees of the requesting party for any type of insurance coverage including, but not limited to, Worker's Compensation coverage. IN WITNESS WHERE ORE TETE PARTIES HAVE EXECUTED THIS AGREEMENT AS FOLLOWS- A'r-FEST: MARDELL ANDERSON Clerk of the Board of Supervisors o t Staff By ATI`EST: Clerk of tete Board of Supervisors of the County of Stanislaus, State of California By A't-FES : LOIS N''t SA Y OUN Clerk of the Board of Supervisors Of the County of San Joaquin, AI'PRUV,I,D AS TO FORM: -' LA RENCE P, MEYF Depu,y County Counsel COUNTY OF AMADOR, a political subdivision of the State of California By r i Richard M, Forster, Vice -Chairman Board of Supervisors "AMADOR" COUNTY OF STANISLAUS, a political subdivision of the State of California m "STANISLAUS" SAN JOAQUIN JOINT, HAZARDOUS MATERIALS TEAM COUNTY OF SAN JOAQUIN, a political subdivision of the State oP California By Victor Mow, Chairman Board of Supervisors AT'I'EST: City Clerk ATTEST: ATTEST: City Clerk ATT FST: City AVFEST: CITY OF LODI By Title APpmved as to fez CITY OF TRACY Py tioenep By Title CITY S" B` Title CITY OF MANTECA By Title CITY OF RIPON BY Title LATHROP-MANTECA FIRE PROTECTION DISTRICT By— Title M TO FORM A FTE—S? � ATTES": ATT ES'P ATTES F: A'rTF.S'[': ATTE,ST: WOODBRIDGE RURAL FIRE PI DIST CT B7Y Al T RIPON CONSOLIDATED FIRE DIST T B / - - Title f"73,,,o MOKELUMNE RURAL FIRE PROTECTION DISTRICT By Title LINDEN -PETERS RURAL COUNTY FIRE PROTECTION DISTRICT By Title CLEMENTS RURAL FIRE PROTECTION DISTRICT By Title ESCALON CONSOLIDATED FIRE PROTECTION DISTRICT m Title