HomeMy WebLinkAbout851082.tiff RESOLUTION
RE: APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF FORT
LUPTON AND WELD COUNTY FOR HAZARDOUS SUBSTANCE INCIDENTS AND
AUTHORIZATION FOR 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 City of Fort
Lupton 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 City of Fort Lupton 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 3rd day of
July, A.D. , 1985 .
n �j - BOARD OF COUNTY COMMISSIONERS
ATTEST:711i (2 m, WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board �Jaccqq line J nson, Chairman B.- ., EXCUSED
Grjgt�t�pJ Gene R. Arantner, Pro-Tem
eputy County C erk /
v
APPROVED AS TO FORM: C.W. J,ir 7
;12 ttol�ney191r- �/ri� n/r-- 11/i
Frank Ya guc i
/ , ,`_�'� 8 851082
INTERGOVERNMENTAL. AGREEMENT
BETWEEN THE CITY OF FORT LUPTON
AND WELD COUNTY
FOR HAZARDOUS SUBSTANCE INCIDENTS
THIS AGREEMENT, entered into this ].0th day of June, 1985 between the City
of Fort Lupton and the County of WeL.d 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 emergen-
cy 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 he
executed for the interchange of such mutual aid on a loc_al basis; and
WHEREAS, Section 2.9-22...:102 (3) (h), C.R.S., as amended, designates that
the Board of County Commissioners shall designate an emergency response author-
ity for hazardous substance :incidents occurring in unincorporated areas and the
Weld County Board of Commissioners has designated the Office of Emergency Man-
agement as the emergency response authority in unincorporated Weld County; and
WHEREAS, Pursuant to Section 29-22-103 (3) (a) , Fort Lupton Fire Depart-
ment has been designated by the governing hoard of the municipality as the
emergency response authority for incidents occurring within the corporate
limits of the municipality.
WHEREAS, hazardous substances 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 he 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 Direc-
tor 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 Fort Lupton 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, fa-
cilities 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 sha:I1 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 w:i.th
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, emergen-
cy 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 or 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 City of Fort Lupton and City of Fort Lupton
agrees to pay for the cost, including those pursuant to the agreement between
the City of Fort Luputon and County of Weld, of all labor, equipment, and sup-
plies incurred by the County of Weld in response to hazardous substances
occurring inside the City of Fort Lupton., City of Fort Lupton reimbursement
from the responsible party(ies) or the City of Fort Lupton may seek
reimbursement from the State of Colorado provided for in Section 29._.22.--1.04,
C.R.S., as amended„ This shall not. preclude Weld County from seeking
reimbursement for expenses incurred outside of the municipal limits of the City
of Fort Lupton 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•-1.04 (3) (a).
S. This mutual aid agreement shall become effective upon approval and
signature by authorized representatives of the City of Fort Lupton and Weld
County.
9. As funds are available from the State of Colorado Energy Impact As-
sistance Grant, Weld County agrees to enforce provisions of the agreement with
the City of Greeley providing for first responder agency training of the City
or of the Fire District servicing the City to be conducted by members of the
City Greeley of Hazardous Material. Team..
_ 3 _..
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 receiv-
ing training.
ii. 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 Mate-
rial. 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„
(,►) 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 Man-.
agement on resource needs.
(6) To respond to hazardous mater:i.al spills at the request
of the Office of Emergency Management throughout the
County.
(c) Municipal Fire Depar•t:ment.s/Di.st.rict.s Roles:
(1) To act as l:ncident. Command for hazardous substance
incident.
(2) To initially assess hazardous substance-. incident.
(3) To request Hazardous Materials Team through Weld County
Office of Emergency Management or Fort Lupton 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/di.stri.ct vulnerabilities for haz-
ardous substance incidents.
(6) To notify the Office of Emergency Management of any
hazardous substance incidents whether or not the Haz-
ardous 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 Manage-
ment of the City 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 district/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 Materi-
al 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 mrater-ial for containment of
hazardous substances at the request of the Office of
Emergency Management.
(r) 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 mater:i.al. 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 re-
port of hazardous material. incidents.
(5) To maintain training coordination with the Office of
Emergency Management and municipal DERs1'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 sha].l 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 ].east 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
accomodat.e changing conditions.
CITY OF.. FORT L.UPTON, COLORADO WELD COUNTY, COLORADO
MAYOR CH .RMAN,
BOARD OF COUNTY COMMISSIONERS
ATTEST;
C: 'r CL.E;tl< '.�.; : R7.7.ORDER
�<K • . ..er.- f,fLee!..6-111: 7(—*)
!".); Coitt Clerk
CI 'Y CLERK P
-- 8
Hello