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Home My WebLink About05750 " RESOLUTION JO 5750 A RESOLUTION APPROVING A RECIPROCAL HAZARDOUS MATERIAL INCIDENT ASSISTANCE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE FOLLOWING FIRE DISTRICTS - PUEBLO COUNTY RURAL FIRE DISTRICT, PUEBLO WEST, RYE FIRE PROTECTION DISTRICT, WEST PARK, BEULAH, BOONE, TRANSPORTATION TEST CENTER, AND THE PUEBLO COUNTY SHERIFF RELATING TO RECIPROCAL HAZARDOUS MATERIAL INCIDENT RESPONSE ASSISTANCE WHEREAS, reciprocal hazardous material response assistance between the above named Fire Districts and Agencies and the City of Pueblo will provide advantages and benefits to the Districts, Agencies and the City of Pueblo and inhabitants of all; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1 The Reciprocal Hazardous Material Incident Assistance Agree- ment dated January 13, 1986 between the City of Pueblo and the above named Fire Districts and Agencies, attached hereto and incorporated herein, having been approved by the City Attorney, is hereby approved and the City Manager is hereby authorized and empowered to execute same''for and on behalf of the City and the City Clerk is directed to attest same and affix the seal of the City thereto. INTRODUCED January 13, 1986 BY MIKE SALARDINO Councilman APPRO D , 0 (4%1145-le President of City Council ATTEST III (la..4.4.1___0(eee,„" City Cle RECIPROCAL HAZARDOUS MATERIAL INCIDENT ASSISTANCE AGREEMENT This Agreement is made and entered into this J3ty day of �Ct 1'J G[ Lt y 1111 , 1986 by and between the Pueblo County --� tel ( c Sheriff, Pueblo County Rural Fire District, Pueblo West -Pere District, Rye Fire Protection District, West Park Fire District, Beulah Fire District, Boone Fire District (hereinafter collectively referred to as "Districts "), the City of Pueblo, Colorado (hereinafter "City "), the Pueblo County Civil Defense Agency (hereinafter "Civil Defense "), Transportation Test Center (hereinafter "Test Center "), and the Colorado State Patrol (hereinafter "Patrol "). In consideration of the mutual benefits and advantages which will inure to the Districts and the City, the parties hereto enter into this agreement and hereby agree as follows 1. This agreement is not intended to, nor should it be construed to affect or extend the legal responsibilities of any of the parties hereto, create or modify preexisting legal obligations, if any, create, or extend any legal rights to any person, or to waive any claims which may arise as a result of a hazardous materials incident (including claims for reimbursement from if-tsons responsible for a hazardous substance incident or from any emergency response funds created under state or federal law). This agreement is entered for the express purpose of mutual coop- eration and coordination between various emergency response agencies with Pueblo County in the event of occurrence of hazardous substance incidents, and it is only intended to provide for the initial emergency action necessary to minimize the effects of a hazardous substance incident. As used herein, the terms hazardous material 41/0 incident or hazardous substance incident shall by synonomous and ""' shall have the meaning as provided in C.R S. S29 -22 -101, as amended, or as same shall subsequently be amended. All actions by parties to this Agreement performed in furtherance of this Agreement shall be deemed and considered as performed prusuant to C.R.S. S29 -22 -101, et seq., as amended, and the parties hereto have entered this Agreement in reliance upon the rights and immunities conferred upon them by said statute. 2. Nothing in this Agreement shall be deemed to create, alter or delegate the authority of any designated emergency response authority. 3 In the event the parties to this Agreement form an emergency response team, such team shall not exist as a legal entity but may exist solely for purpose of training, education, coordination, and rapid deployment of qualified personnel for initial emergency action necessary to minimize the effects of a hazardous substance incident. Such team shall not alter or effect the designation of any emergency response authority, and any members of such team shall at all times remain as employees of their respective employers and subject to the terms of this Agreement. 4. On request to a Fire Chief or any Assistant Fire Chief of the City Fire Department by the Fire Chief or any Assistant Fire Chief or Captain of the Districts or a Captain or Lieutenant of the Patrol or other party to this agreement, the City will dispatch the Hazardous Material Response Van and personnel of the City Fire Department to the location of any hazardous material incident within Pueblo County for the purpose of providing initial emergency action necessary to minimize the effects of the hazardous sub- stance incident. 1111 5. On request to a Fire Chief or any Assistant Fire Chief or Captain of the Districts (or any one or more of the Districts) or Captain or Lieutenant of the Patrol by the Fire Chief or any Assistant -2- "° Five Chief of the City Fire Department or Fire Chief or Assistant Fire Chief of any other District, the Districts and /or Patrol or other party to this agreement, will dispatch equipment and per- sonnel of the Districts and /or Patrol to the site of any hazardous material incident located within the City of Pueblo, or within any fire protection district which is a party hereto, and, for extremely hazardous conditions, to other areas as requested within Pueblo County, Colorado, for the purpose of providing initial emergency action necessary to minimize the effects of the hazardous substance incident. 6. Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following conditions a The On -Scene Commander at a hazardous material incident shall be an authorized representative of the designated emergency response authority for the location of the incident. He will notify the Incident Commander (by mutual agreement, the Chief of the City Fire Department) of the nature and magnitude of the hazardous material spill or incident. The Incident Commander will recommend what assistance is needed and identify and contact the agencies that he anticipates will be necessary for effective response. b. To the extent reasonably possible, the entity requesting assistance shall have two or more personnel present at the location of any hazardous material incident before requesting assistance. c. The responding entity shall have its personnel report to the On -Scene Commander of the hazardous material incident and abide by the orders of that official. d. The responding entity shall be permitted to withdraw its personnel or equipment when same are released by the Incident Commander, when the conditions at the hazardous material incident -3- create extraordinary exposure to injury or death, or when the needs of the responding entity require the return of its personnel or equipment. e. Nothing contained herein shall authorize the Incident Commander or the On -Scene Commander or any employee of the City of Pueblo or the County of Pueblo to contract for materials or services (whether or not an emergency exist) on behalf of their employer or any party hereto unless such authorization has been expressly granted by the governing body of the employer or party hereto, or unless the expenditure is one permitted by virtue of a duly adopted budget and is actually made by a person authorized by his employer to make such expenditures. f. Nothing contained herein shall authorize the Incident Commander or any employee of the City of Pueblo to take possession of or arrange in the name of the City for the transportation or disposal of any hazardous waste or hazardous substance or to undertake any nonemergency cleanup operations at a hazardous incident site. 7. Each party hereto waives all claims against the other parties for compensation for any loss, property damage, bodily injury, or death occurring as a direct or indirect consequence of the performance of this Agreement, except if such loss, property damage, bodily injury or death occurs as a result of intentional misconduct or willful and wanton conduct. 8. Each party shall, at all times, by responsible for its own costs incurred in the performance of the Agreement, subject to later reimbursement from persons responsible or emergency response funds, and shall not receive any reimbursement from the other parties, except as provided herein. -4- " '°' 9. All personnel and equipment of a responding party shall be considered in the employment of the responding party and shall be covered by the liability, damage, workmen's compensation, and /or other insurance coverage of said responding party. Such personnel shall, while engaged in the performance of services under this agreement, retain all rights, privileges and immunity of, and be deemed to be engaged in the service and employment of, the responding entity and not of any requesting entity. 10. Any party hereto may terminate or withdraw from this Agreement at will upon ninety (90) days' advance written notice to all other parties. c 11. This Agreement shall be effective upon approval by all of the parties hereto when evidenced by duly passed resolution or ordinance of each. WHEREOF, the duly authorized representatives of the parties hereto have executed this Agreement the date and year first above written. CITY OF PUEBLO PUEBLO CO. RURAL FIRE DIST By j d l i'v2®r City Manager CIVIL DEFENSE WEST PARK FIRE DISTRICT (Respo e Authority) BY By (0 a t. Di tc r .✓ PUEBLO COUNTY SHERIFF BOONE FIRE DISTRICT re Marshall) / y y - )(By -5- r ad PUEBLO COUNTY COMMISSIONERS RYE FIR PROTECTION DISTRICT BY 011 B 1/ � � Au- PUEBLO CITY FIRE CHIEF TRANSPORTATION TEST CENTER (Response Authority) B 41111106, • By MeritoPoLi n440 PUEBLI WEST --F-I-414, BEULAH FIRE DIST By 2' By AL, -trict Manag- COLORADO STATE PATROL By G ATTEST ATTEST City Clerk Clerk of the board of County Commissioners -6-