HomeMy WebLinkAbout20071647.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR HAZARDOUS SUBSTANCE
INCIDENTS AND AUTHORIZE CHAIR TO SIGN - UNION COLONY FIRE RESCUE
AUTHORITY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with an Intergovernmental Agreement between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and the Union Colony Fire Rescue Authority, commencing upon full execution,with
further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Intergovernmental Agreement the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and the Union Colony Fire
Rescue Authority be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 11th day of June, A.D., 2007.
„ , ^; r.,>. BOARD OF COUNTY COMMISSIONERS
teecd /e`.,/ EL�GO Uri, CO LO
ATTEST: 17 Uri \6.
id E. Long, Chair /
Weld County Clerk to the B rS
,
F ° illia rke ro-Tem
BY:
De y Cle o the Boar
Willi \)F.�-a�r-cia
APP AS �/�. \ 0.
Robert D. Masden
my Attorney
Douglas R demacher
Date of signature: (klISSIL
2007-1647
BC0037
(/ t'�C r ' A-( ( 6— ) o&m oW -az-v-7
Intergovernmental Agreement between Union Colony Fire Rescue Authority and Weld
County for Hazardous Substance Incidents
This Agreement, entered into this day of May 2007 between the Union Colony Fire
Rescue Authority and the County of Weld is for the purpose of securing the benefits of
mutual aid for the protection of life and property from the sudden discharge of hazardous
substances.
Whereas, it is desirable that each of the parties should voluntarily aid and assist each other in
the event that an unusual major occurrence or emergency situation involving hazardous
substances should occur, by the interchange of services and facilities; and
Whereas, it is necessary and desirable that a mutual aid agreement be executed for the
interchange of such mutual aid on a local basis; and.
Whereas, section 29-22-102(3)(b), CRS, as amended, designates that the Board of County
Commissioners shall designate an emergency response authority for hazardous substance
incidents occurring in the unincorporated areas and the Weld County Board of
Commissioners has designated the Weld County Office of Emergency Management as the
Designated Emergency Response Authority (DERA) in unincorporated Weld County; and
Whereas, section 29-22-103(3) CRS, as amended in section 29-5-105 through 29-5-110,
CRS, as amended, provides statutory authority for such interchange of mutual aid by various
political subdivisions; and.
Whereas, hazardous substance emergencies may arise in one or the other of the jurisdictions
of the parties, resulting in greater demands than the manpower, equipment and expertise of
the party can handle, or emergencies of such intensity may occur that they can not he handled
solely by the equipment of the party in whose jurisdiction the emergency occurs; and
Whereas, it is in the interest of each of the parties that they may have service of and from the
other party to aid and assist them in responding to chemical emergencies; and.
Whereas, it is anticipated that Union Colony Fire Rescue Authority and Weld County will
reach mutual aid agreement with the Colorado State Patrol, local fire districts throughout
Weld County, and municipalities within Weld County; and.
Whereas, the Union Colony Fire and Rescue Authority, has a Hazardous Material Response
Team, and the Union Colony Fire and Rescue Authority is willing to permit the team to
become the primary Hazardous Material Response Team for the County of Weld.
2007-1647
It is agreed that:
1. All requests for mutual aid are to be made to the Chief of the Union Colony Fire Rescue
Authority or a person exercising the function thereof, or the Weld County Director of the
Office of Emergency Management or a person exercising the functions thereof. The request
is to be made through Weld County Regional Communications Center.
2. Upon proper request for mutual aid, the responding party will dispatch any available
hazardous substance response equipment, fire fighting and/or rescue equipment, and
personnel to any point within the requesting party's jurisdiction.
3. Neither party to this agreement for mutual aid is under any obligation to respond to a call
from the other party when conditions exist which would prevent response because of priority
or responsibility in its own jurisdiction, and neither party shall be required to deplete
unreasonably its own resources, facilities and services in furnishing such mutual aid.
4. Any dispatch of equipment and personnel pursuant to this agreement is subject to the
following conditions.
(a) Any request for aid hereunder shall include a statement of the amount and type of
equipment and personnel requested, and shall specify the location to which the equipment
and personnel are to be dispatched, but the amount and type of equipment and number of
personnel to be furnished shall be determined by a representative of the responding agency.
(b) The responding organization shall report to the officer in charge of the requesting
agency at the location to which the equipment is dispatched and shall coordinate with that
official. The resources or facilities that are assigned shall be coordinated with the superior
officer designated by the assisting party. Such superior officer shall coordinate with the
requesting fire chief or person exercising the function thereof, or Director of the Weld
County Office of Emergency Management or the person exercising the function thereof.
(c) The responding agencies will be released by the requesting organization when the
services of the responding organization are no longer required, or when the responding
organization is needed within the area for which it normally provides fire protection,
emergency medical services or other emergency public safety services.
5. Subject to the provisions of Paragraph 7 below, each party waives all claims against each
other for compensation, for any loss, damage, personal injury, or death occurring as a
consequence of the performance of this agreement.
6. The requesting party shall indemnify, defend, and hold the assisting party harmless from
any and all claims and or lawsuits or damages except exemplary or punitive damages, or
omissions of the assisting party or its employees, agents, or officers while engaged in
services for the requesting party; provided however, that nothing herein shall be construed to
be a waiver of the immunity provided by section 29-2-109 C.R.S. as amended, or by any
other governmental immunity protection which exists by statute or by judicial decision. Any
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agency served with notice of any legal action involving the parties to this agreement which
arise as a result of any cooperative actions taken pursuant to this agreement, shall
immediately forward such notice to the other party.
7. Union Colony Fire Rescue Authority shall bill Weld County and Weld County agrees to
pay for the costs of all labor, equipment and supplies used by the Union Colony Fire Rescue
Authority in response to hazardous substance incidents occurring in unincorporated Weld
County, when requested by Weld County's director of the Office of Emergency Management.
Weld County may seek reimbursement from the responsible parties or from the state of
Colorado as provided in section 29-22-104, C.R.S., as amended.
8. This mutual aid agreement shall become effective upon approval and signature by
authorized representatives of Union Colony Fire Rescue Authority and Weld County.
9. Roles and responsibilities for the implementation of this agreement shall be assigned as
follows:
A. Office of Emergency Management Roles:
1. Act as the Designated Emergency Response Authority(DERA) for
Unincorporated Weld County.
2. Maintain files on hazards and the location of said hazards in the county and
provide copies to all impacted agencies, as appropriate.
3. Maintain the lists of equipment, supplies and personnel for response.
4. Coordinate all response requests of the hazardous material team from
municipalities.
5. Coordinate with the Hazardous Material Response Team to provide training
to Local Fire Departments and/or Districts.
6. Assist in creating and revising the Weld County Hazardous Materials
Emergency Response Plan(ESF 10)
7. Coordinate exercises with the Hazardous Materials Response Team, Local
Fire Departments and/or Districts and the Local Emergency Planning
Committee. The evaluation of the exercises will help in the revision of the
Hazardous Materials Emergency Response Plan.
8. Coordinate with the Weld County Department of Public Health and
Environment for the supervision of the cleanup of hazardous material spills.
9. Coordinate reimbursement fees from involved parties in a hazardous
substance spill.
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B. Union Colony Fire Rescue Authority, Hazardous Materials Response Team
Roles:
1. Provide trained personnel certified to the operation and technician levels of
the current edition of the National Fire Protection Association (NFPA)
Standard 472.
2. Provide specialized equipment and supplies.
3. Assist first responder training for county fire departments.
4. Provide technical assistance to county fire departments.
5. Coordinate with Weld County office of Emergency Management on
resource needs.
6. Respond to hazardous material spills at the request of the Office of
Emergency Management throughout Weld County.
C. Municipal Fire Departments/Districts Roles:
1. Participate in unified command for hazardous substance incident.
2. Initially assess hazardous substance incidents.
3. Request the Hazardous Materials Response Team through the Weld County
Office of Emergency Management, or Union Colony Fire Rescue Authority if
the incident is deemed beyond capability and/or equipment availability of
local Fire Department or District.
4. Participate in training for first responders to the NFPA 472 level deemed
sufficient for safety of responding fire personnel, and the community.
5. Assess and identify department/district vulnerabilities for hazardous
substance incidents and provide the information to the Weld County Office of
Emergency Management
6. Provide information to the Weld County Office of Emergency Management
of any hazardous substance incidents, whether or not the Hazardous Materials
Response Team is requested.
7. Coordinate with the Hazardous Materials Response Team when requested,
according to mutual aid agreement.
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8. Provide documentation of financial expenses for reimbursement to the
Weld County Office of Emergency Management (DERA) for compilation and
administration
9. All county Fire Departments/Districts are encouraged to contact the
Union Colony Hazmat Team with any questions regarding hazmat spills
and/or training needs.
D. Union Colony Fire Rescue Authority Roles:
1. Train personnel in hazardous materials response.
2. Purchase and maintain equipment and supplies for hazardous material
vehicles.
3. Provide documentation of financial expenses for reimbursement to the
Weld County Office of Emergency Management for compilation and
administration.
4. Develop a training program for county Volunteer Fire Departments and/ or
District's.
5. Assist in creating and revising the Weld County Hazardous Materials
Emergency Response Plan (ESF 10)
6. Participate in planning and organization of annual exercises.
E. Weld County Department of Public Health and Environment Roles:
1. Provide technical expertise to the Hazardous Material Response Teams,
local municipal Fire Districts/Departments, and the Office of Emergency
Management.
2. Provide assistance and information regarding laboratory evaluation and
laboratory location for substances requiring identification.
3. Provide assistance and information regarding human health and
environmental health dangers associated with incidents or circumstances
involving hazardous materials.
4. Provide documentation of financial expenses for reimbursement to the
Weld County Office of Emergency Management for compilation and
administration
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5. Provide oversight for the clean-up and recovery of the hazardous substance.
This may include, but not be limited to the following: establishment of
remediation parameters, review and approval of a remediation plan, assistance
with determining an appropriate contractor.
6. If a spiller/at fault party can not be identified or is unable to procure a
contractor in a timely manner, the Weld County Department of Public Health
and Environment in cooperation with the Weld County Office of Emergency
Management will contact a contractor for cleanup of the hazard. The Weld
County Office of Emergency Management will coordinate payment of the
contractor and any reimbursement opportunities with other government
agencies.
F. Local Law-Enforcement Roles:
1. Maintain a perimeter control of hazardous substances.
2. Coordinate the evacuation of residents in danger of exposure to hazardous
substances.
3. Coordinate incident command with the Hazardous Materials Response
Team, Fire District/Department, and Colorado State Patrol.
4. Provide security with in the evacuation area.
5. Coordinate a press briefing area upon request.
6. Maintain coordination with the Weld County Office of Emergency
Management during hazardous substance incident.
7. Provide documentation of financial expenses for reimbursement to the
Weld County Office of Emergency Management for compilation and
administration.
G. Weld County Public Works Department Roles:
1. Provide equipment and materials for containment of hazardous substances
at the request of the Weld County Office of Emergency Management.
2. Support local public works departments, in response to hazardous
substance spills.
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3. Provide documentation of financial expenses for reimbursement to the
Weld County Office of Emergency Management for compilation and
administration
12. This mutual aid agreement shall remain in effect indefinitely, but will be reviewed
annually by both parties. In the event one party intends to cancel this agreement, notice of the
intent to cancel shall be given to the other party at least 90 days prior to the end of the
calendar year. This agreement may be updated, modified, revised or renegotiated at any time
by mutual consent and in writing by both parties, to accommodate changing conditions.
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FOR THE UNION COLONY FIRE/RESCUE AUTHORITY
APPROVED AS TO SUBST CE:
rl //
Dougla . Forsman
Fire C ief and Chief Administrative Officer
ADOPTED P OVED:
� y
67
Ed Phillipsen, Chairman Date
Union Colony Fire/Rescue Authority Board
ATTEST:
CIAMV( 1fic:JCM — / -07
Carrol Martin, Secretary Date
Union Colony Fire/Rescue Authority Board
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FOR THE COUNTY OF WE D, OLORADO:
ATTEST: ILI./ , BOARD OF COUNTY
Weld County Clerk to the B.�1'o COMMISSIONERS OF WELD
�,�. OUNTY, STATE OF COLORADO
^
D:�'� ty CI to the Bo. d ' Y David E. Long, Chair
,, N 1 1 2007
-9-
.&C07—/6517
UNION COLONY FIRE/RESCUE AUTHORITY
RESOLUTION 125 , 2007
A RESOLUTION OF THE UNION COLONY FIRE/RESCUE AUTHORITY
AUTHORIZING THE AUTHORITY TO ENTER INTO A MUTUAL AID AGREEMENT
WITH THE COUNTY OF WELD FOR TRAINING, RESPONSE AND COORDINATION
REGARDING HAZARDOUS SUBSTANCE INCIDENTS OCCURRING IN
UNINCORPORATED WELD COUNTY, COLORADO.
WHEREAS, establishment of an intergovernmental agreement will serve a public purpose
and secure the benefits of mutual aid for the protection of life and property from the sudden
discharge of hazardous substances; and
WHEREAS, it is desirable that each of the parties should voluntarily aid and assist each
other in the event that an unusual major occurrence or emergency situation involving hazardous
substances should occur, by the interchange of services and facilities; and
WHEREAS, it is necessary and desirable that a mutual aid agreement be executed for the
interchange of such mutual aid on a local basis.
NOW,THEREFORE,BE IT HEREBY RESOLVED by the Board of the Union Colony
Fire/Rescue Authority as follows:
1. The Board hereby authorizes the Authority to enter into the Intergovernmental
Agreement for mutual aid for Hazardous Substance Incidents in accordance with the
substance of the Agreement attached hereto as Attachment 1 and incorporated herein by
reference.
2. The Board hereby authorizes staff to modify the form of the Agreement, so long as the
substance of the Agreement remains unchanged.
3. The Board hereby authorizes the Authority's Fire Chief to establish procedures and
protocols for the authority to implement the provisions of this Agreement,however,no
such procedure or protocol shall be contrary to or supersede the terms of the Agreement.
4. This resolution shall be effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED THIS 14th day of May 2007.
ATTEST: UNION COLONY FIRE/ S UE AUTHORITY
By: 6 `
SectrY Chairman
a
2007-125 IGA-HazMat UCFRA WC OEM.doc
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