HomeMy WebLinkAbout851066.tiff RESOLUTION
RE: APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF LA
SALLE AND WELD COUNTY FOR HAZARDOUS SUBSTANCE INCIDENTS AND
AUTHORIZE CHAIRMAN TO SIGN
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 of County Commissioners has been presented
with an Intergovernmental Agreement between the Town of La Salle
and Weld County concerning hazardous substance incidents, and
WHEREAS , the terms of said Agreement are as stated in the
Agreement, a copy being attached hereto and incorporated herein by
reference, and
WHEREAS, after review, the Board deems it advisable to
approve said Intergovernmental Agreement and authorize the
Chairman to sign same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Intergovernmental
Agreement between the Town of La Salle and Weld County concerning
hazardous substance incidents be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that Chairman 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 5th day of
June, A.D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: ( iorti WELD COUNTY, COLORADO
Weld County "Clerk and Recorder
and Clerk to the Board a Aar',
hnson, Chairman
(
U nq3O ( � �� Gene R. Bran er, Pro-Tem
Deputy County Clerk
APPROVED AS TO FORM: C.W. i E J
County Attorney
ank Yama chi
L M 0 QO a 851066
RESOLUTION ll-1985
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF LASALLE
AND WELD COUNTY
FOR HAZARDOUS SUBSTANCE INCIDENTS
THIS AGREEMENT, entered into this 5th day of
June , 1985 between the Town of LaSalle 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) , C.R.S. , as amended,
designates that the Board of County Commissioners shall
designate an emergency response authority for hazardous
substance incidents occurring in unincorporated areas and the
Weld County Board of Commissioners has designated the Office of
Emergency Management as the emergency response authority in
unincorporated Weld County; and
WHEREAS, Pursuant to Section 29-22-103 (3) (a) ,
has been designated by the governing board of the
municipality as the emergency response authority for incidents
occurring within the corporate limits of the municipality.
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
that party can handle, or emergencies of such intensity may
occur that they cannot be handled solely by the equipment of the
party in whose jurisdiction of the emergency occurs; and
WHEREAS , it is to 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 Weld County will reach
mutual aid agreements with the Colorado State Patrol , Fire
Districts throughout Weld County and municipalities within Weld
County,
WHEREAS, The City of Greeley currently has a hazardous
material response team and the City is willing to permit the
team to become the primary hazardous material response team for
the County and has entered into an agreement with Weld County to
that effect.
IT IS AGREED THAT:
1 . All requests for mutual aid are to be made to the Weld
County Director of the Office of Emergency Management or a
person exercising the functions thereof. The request is to be
immediately confirmed in written form by the requesting party.
2 . Upon proper request for mutual aid, the responding
party will dispatch any available hazardous substance response
equipment, firefighting and/or rescue equipment, and personnel
to any point within the requesting party ' s jurisdiction
including those resources available under the agreement between
the City of Greeley and County of Weld.
3 . Both parties to this agreement for mutual aid are
under no 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 no 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.
(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 . 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 any other governmental immunity. Any agency served
with notice of suit shall immediately forward such notice to the
requesting agency.
7 . Weld County shall bill Town of LaSalle, and Town of
LaSalle agrees to pay for the cost, including those pursuant to
the agreement between the City of Greeley and County of Weld , of
all labor, equipment, and supplies incurred by the County of
Weld in response to hazardous substances occurring inside the
Town of LaSalle. Town of LaSalle may seek reimbursement from
the responsible party (ies) or the Town of LaSalle may seek
reimbursement from the State of Colorado as provided for in
Section 29-22-104 , C.R.S. , as amended. This shall not preclude
Weld County from seeking reimbursement for expenses incurred
outside of the municipal limits of the Town of LaSalle in the
same fashion. Further, either party assign its interest in
reimbursement to the other for the purposes of efficiency in
collection of said reimbursement pursuant to C.R.S . , Section
29-22-104 (3) (a) .
8 . This mutual aid agreement shall become effective upon
approval and signature by authorized representatives of the Town
of LaSalle and Weld County.
9 . As funds are available from the State of Colorado
Energy Impact Assistance Grant, Weld County agrees to enforce
provisions of the its agreement with the City of Greeley
providing for first responder agency training of the Town or of
the Fire District servicing the Town to be conducted by members
of the City of Greeley Hazardous Material Team.
10 . Cost of training providing under the Energy Impact
Assistance Grant shall be paid 50% from the grant funds and 50%
from the local agencies receiving training.
11 . The following roles and responsibilities shall be
assigned as follows in the implementation of this agreement:
(a) Office of Emergency Management Roles:
(1) To act as designated emergency response
authority (DERA) for county.
(2) To maintain files of hazards and locations
throughout county and provide copies to all
impacted agencies, as appropriate.
(3) To maintain list of equipment/supplies and
personnel for response.
(4) To coordinate all response requests of
Hazardous Material Team from municipalities.
(5) To act as resource for training courses.
(6) To coordinate Hazardous Material Operational
plan.
(7) To develop, conduct and evaluate exercises
of Hazardous Material Team response.
(8) To provide continuing supervisory authority
of clean up in hazardous materials spill .
(9) To coordinate reimbursement fees from
involved parties in a hazardous substance
spill.
(b) Hazardous Materials Response Team (Unit of the
Greeley Fire Department) Roles :
(1) To provide trained personnel.
(2) To provide specialized equipment and
supplies.
(3) To provide first responder training to
volunteer fire departments.
(4) To provide technical assistance to volunteer
fire departments.
(5) To coordinate with Weld County Office of
Emergency Management on resource needs .
(6) To respond to hazardous material spills at
the request of the Office of Emergency
Management throughout the County.
(c) Municipal Fire Departments/Districts Roles :
(1) To act as Incident Command for hazardous
substance incident.
(2) To initially assess hazardous subs
&tance
incident.
(3) To request Hazardous Materials Team through
Weld County Office of Emergency Management
or Greeley Fire Chief , only if incident is
deemed beyond capability and/or equipment
availability of local fire department or
district.
(4) To participate in training for first
responders to the level determined
sufficient for safety of responding fire
personnel and community.
(5) To assess department/district
vulnerabilities for hazardous substance
incidents.
(6) To notify the Office of Emergency Management
of any hazardous substance incidents whether
or not the Hazardous Materials Team is
requested.
(7) To coordinate with the Hazardous Materials
Team when requested according to mutual aid
agreement.
(8) To provide documentation of financial
expenses for reimbursement to the County
Office of Emergency Management or the Town
emergency response authority for
compilation/administration.
(d) Greeley Fire Department Roles :
(1) To train personnel in hazardous materials
response.
(2) To purchase and maintain equipment and
supplies for hazardous material vehicle.
(3) To provide inner city backup for fire
coverage when Hazardous Material Team is
responding outside city limits.
(4) To provide documentation of financial
expenses for reimbursement to the Office of
Emergency Management for
compilation/administration.
(5) To develop training program for county fire
districts.
(6) To develop equipment dispersal plan for
county.
(7) To assist in hazardous materials operations
plan.
(8) To participate in planning/conduct of
exercises .
(e) Weld County Health Department Roles :
(1) To provide technical expertise to Hazardous
Material Team local municipal fire
districts/departments, and the Office of
Emergency Management.
(2) To provide laboratory evaluation of
substances requiring identification.
(3) To provide environmental safety inspections
of incidents or . circumstances involving
hazardous materials .
(4) To provide documentation of financial
expenses for reimbursement to the Office of
Emergency Management for
compilation/administration.
(f) Local Law Enforcement Roles :
(1) To maintain perimeter control of hazardous
substances.
(2) To evacuate residents in danger of hazardous
substances.
(3) To coordinate field command post with
Hazardous Material Team, fire district and
Colorado State Patrol.
(4) To provide security within evacuation area.
(5) To set up press briefing area.
(6) To maintain coordination with the Office of
Emergency Management during hazardous
substance incident.
(7) To provide documentation of financial
expenses for reimbursement to the Office of
Emergency Management for
compilation/administration.
(g) Weld County Road and Bridge Department Roles:
(1) To provide equipment and material for
containment of hazardous substances at the
request of the Office of Emergency
Management.
(2) To support local public works departments in
response to hazardous substance spills .
(3) To provide documentation of financial
expenses for reimbursement to the Office of
Emergency Management for
compilation/administration.
(h) Colorado State Patrol Roles :
(1) to notify the Office of Emergency Management
of any hazardous material incident.
(2) To coordinate response requests of hazardous
material team through the Office of
Emergency Management.
(3) To provide on scene perimeter control in
conjunction with municipal police department
and/or Weld County Sheriff ' s Office .
(4) To provide the Office of Emergency
Management with report of hazardous material
incidents .
(5) To maintain training coordination with the
Office of Emergency Management and municipal
DERA ' s .
(6) To act as the designated emergency response
authority as provided by law for all
hazardous material incidents on Federal or
State Highways and county roads located
outside city limits.
(7) To initially assess hazardous substance
incident.
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 the agreement notice shall
be given 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.
TOWN OF LASALLE , COLORADO WELD COUNTY, COLORADO
j;
Town o -a , ayor hair n,
BRUCE C. KAMADA Board of County Commissioners
ATTEST: 'IV).\Maiast444.�PI..tR/tAll: •
Town of LaSalle, Fire Chief
(If Municipal Department)
°
By:
o mie Antuna , D uty
ADDENDUM
TO
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF LASALLE AND WELD COUNTY
FOR HAZARDOUS SUBSTANCE INCIDENTS
THIS ADDENDUM entered into between the Town of LaSalle and
the County of Weld is intended to modify and , to the extent that
it is inconsistent with the intergovernmental agreement between
the parties dated June 5, 1985 , shall control .
The parties agree :
That notwithstanding anything in the intergovernmental
agreement to the contrary , the Town of LaSalle shall not be
responsible or liable for any costs , unless the request for aid
was first approved by or consented to by the emergency response
authority for the Town of LaSalle .
DATED: O74/j� /)4`S
TOWN OF LASALL WELD COUNTY, COLORADO
By — By i
May hai an , Beard of
oun y Comm sioners
ATTEST: ATTEST: 7 O,,,. Fwitaitetry
own Clerk 3 ramie Antuna , eputy
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