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Home My WebLink About5177 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINA/~CE NO. 5 i 7 7 A_N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO THE SOUTH PUGET SOUND HAZARDOUS MATERIALS EMERGENCY ASSISTANCE INTERLOCAL AGREEMENT TO PROVIDE FOR COOPERATION IN RESPONDING TO HAZARDOUS MATERIALS INCIDENTS AND WHICH INTERLOCAL AGREEMENT SHALL BE MARKED AS EXHIBIT 14 TO THE PIERCE COUNTY MASTER INTERLOCAL AGREEMENT. WHEREAS, the City of Auburn and the other parties to this agreement each operate a hazardous materials incident response team that has the capabilities of providing various levels of service in hazardous materials response and miti~iation; and WHEREAS, the City of Auburn and the other parties to this agreement may from time to time require the services of another hazardous materials incident response team within their jurisdiction; and WHEREAS, it is the purpose of this agreement to establish the terms and conditions under which the parties will authorize their hazardous materials incident response teams to respond to hazardous materials incidents in the jurisdictional boundaries of the parties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to Chapter 39.33 RCW the Auburn City Council hereby authorizes the Mayor and City Clerk to enter into the South Puget Sound Hazardous Materials Emergency Ordinance NO. 5177 Nove~er 10, 1998 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Assistance Interlocal Agreement to provide for cooperation in respondin9 to hazardous materials incidents and which shall be marked as Exhibit 14 to the Pierce County Master Interlocal Agreement. A copy of said Agreement is attached hereto as Attachment "1" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. This Ordinance shall force five (5) days from and after its publication, as provided by law. take effect and be in passage, approval and INTRODUCED: PASSED: APPROVED: November ]_6, 1998 November ].6, 1998 November 1.6, 1998 CHARLES A. BOOTH MAYOR Ordinance No. 5177 November 10, 1998 Page 2 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: Ordinance No. 5177 Novell~er 10, 1998 Page 3 SOUTH PUGET SOUND HAZARDOUS MATERIALS EMERGENCY ASSISTANCE INTERLOCAL AGREEMENT Exhibit 14 to Pierce Coumy Master Interlocal Agreement THIS INTERLOCAL AGREEMENT is entered into on the date hereinafter set forth, by and between the parties whose signatures axe affixed at the end of this agre¢~em, including municipal governmental bodies, political subdivisions of the state, and federal and/or state agencies. WHEREAS, the various parties to this agreement are authorized under federal or state law to enter into intergovernmental agreements for cooperative ventures consistent with their statutory purposes; and WHEREAS, each of the pm'ties recognizes a need to cooperate with: respect to the mitigation of bs~a~rdous materials incidents; and WItEREAS, RCW 70.136 provides immunity to incident command agencies and other participating agencies who participate in hazardous materials response, mitigation and/or clean up p~ranant to a "Hazardous Materials Eme,~ency AssisUmce Agreement", so long as such participants engage in such activities in good faith; and WHEREAS, the pa~ties have determined lhat it would be in the best interes~ of each agency and the citizens and residents they serve to have such an emergency assistance agreement; NOW THEREFORE IT IS HEREBY AGREED BETWEEN THE PARTIES: I. EXHIBIT TO MASTSR INTERLOCAL AGREEMENT. This Interiocal Agreement for h~.~rdous materials emergency assistance is entered into in short form as the Agreement is intended to be and become a part of the M[as~' Interloeal Agreement as Exhibit 14 thereto. Therefore, the terms of the M~er Interlocal Agreement m-e deemed to be incorporated herein by this reference, provided that this Interlocal Agreement shall also be fully enforceable and binding betx~en the parties irrespective of the Master Interlocal Agre~mant, insofar as some of the parties herein are not parlies to the Master lnterlocal Agreement. The purpose of this Interlncal Agreement is to provide to each of the agencies the immunity and other benefits contemplated by RCW 70.136.050. The statute and this agreement are designed to encourage all patlicipating agencies to cooperalte and respond to hazardous materials incidents, so as to provide the greatest expertise, skill, ~aining, So. Puget Sound Ha~rdous Assi~e~ lmcrlo~l A~t )fq:~V~une 6, Attachmsnt "1" Ordinance No. 5177 equipment, and personnel to hazardous materials incidents, as reasonably necessary, and to provide assistance to the incident command agency with control of hazardous materials incidents. Many of the participants, acting alone, do not have the resources, equipmeut, or specialized knowledge to deal with hazardous materials incidents successfully, without such assistance. 3. EOUIPMENT USED. Any one of the participants may own and maintain equipment adapted or designed for use in hazardous materials response and/or mitigation. All such equipment, vehicles, or apparatus shall be and remain the property of the agency which originally acquired thc item. The equipment or item shall be considered to be on loan to the response team during use, but shall be and r~maln insured by the acquiring agency. Re:sponsibility for maintenance and replenishment of supplies for the equipment shall be ~md remain thc responsibility of the acquiring agency. 4. PERSONNEL USED. All personnel participating in the regional hazardous mat~ials response teton pursuant to this agreement, or otherwise responding to an incident command agency under this agreement, shall be and remain an employee or volunteer member of the t~,'ty or agency to whom they are attached in the first instance. 5. INCIDENT COMMAND AGENCY. An incident command agency shall be th~ jurisdiction or participant in which the incident occurs, except as set forth herein. For any hazardous materials incident occurring within the right-of-way of any s~at¢ highway, the Washington State Patrol shall be the incident command agency. Fire Prot,~'lion District 2, 3, 5, 6, g, 21 and the Cky of Puyallup respectively have designated, by Commissioner Resolution themselw:s, to be the designated incident command agency for hazardous materials incidents occurring within their boundaries. Fire District 14 has opted not to do so and therefore will not participate as an incident command agency but only as an assisting agency. 6. REOUESTS FOR ASSISTANCE. Any ~quest for assistance under the provisions of this agreement must be initiated by the incident command agency in charge of the particular hazardous materials response, or it shall not b~ deemed an appropriate request. In the event of a hazardous materials incident, any party to this agreement which is an eligible incident comm~xl agency may request thc assistance of one or more participant's hazardous materials traits, personnel, equipment and/or supplies. Each of the participants, although not requi~.-d to assist or respond, may respond with personnel, equipment, or supplies. It is tuaderstood and 2 So, P',ig~t Sound Hazardous Mai~iais £m~rgcncy As3istaoc~ lnt~rlocsl Agrc~nent Exh. 14 to MIA J~:REVSun¢ 6, 1997 agreed that any person or public agency whose assistance has been n.'quested by an incident command agency pursuant to this written Hazardous Materi[als Assistance Agreement, pursuant to RCW 70.136.060 and 70.136.070, and who, in good faith, renders emergency care, assistance, or advice with respect to a hazardous materials incident, is not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or willful or wanton misconduct. 7. INCIDENT COMMAND AGENCY IMMUNITY. The parties hereto agree that any incident command agency operating pursuant to this agreement in the good faith performance of its duties, is not liable for civil damages resulting from any act or omission in the performance of its duties, other than acts or omissions constituting gross negligence or willful or wanton misconduct. 8. REIMBURSEMENT FOR EXPENSE& The Washington State fee schedule will be utilized in accordance with ,current wages, benefits, materials and equipment, to provide recovery or reimbursement for participating assisting agency's actual expenses occurred while providing service to thc participating incident command agencies involved. It will be thc responsibility of the department or district where the incident occurred (whether the incident command agency is the same or not) to provide reimbursement to the responding jurisdictions for additional actual expenses beyond normal operating costs. 9. AGREEMENT NOT EXCLUSIVE. This ag~ement is not intended to be exclusive as between the parties hereto. Any of the parties can enter into separate mutual assistance agreements with any other party or parties. Entry into such sgparatc agrt~mcnts shall not, urdess specifically stated therein, affect any relationship or covenant her~in contained; provided that no such separate agreement shall t~,l~xinatc any re. zponsibility herein undertaken unless notice of termination shall be given pursuant to this agreemem. 10. WITHDRAWAL/TERMINATION OF AGREEMENT This agreement shall remain in full force and effect between all of the par6es or some of the parties, unless and until either withdrawal of a party or termination of the entire agreement takes place, as follows: a. Any party may withdraw from the agreement in whole or in par~ by serving a notice of withdrawal. Such notice of withdrawal shall be effective in those jurisdictions to which the notice is given. If a party wishes to withdraw from ~sponses and $o. Puget Sound ~us Materials Emergency Ass/s~nc~ Intcrloc~l Agreement Exh. 14 to MIA j~:~VJ~ 6, 1997 participation only as to incidents in certain jurisdictions, but not others:, the party may give such notice of withdrawal only to selected jurisdictions. In such event, the withdrawing party will still be able to respond in the jurisdictions not receiving such notice. Also, a party may withdraw from the agreement entirely by giving notice to all of thc parties signatory hereto. Any such notice mentioned in the foregoing paragraph shall be served not less than 30 days prior to the withdrawal date set forth therein, and a copy shall b~ forwarded to each party to which the withdrawal is intended to be effective. The notice shall automatically cause lhat party to be withdrawn from the agreement on thc date provided unless the notice of withdrawal is rescinded prior thereto in writing. b. Withdrawal from the agreement by any party, in whole or in part, shall not affect the continuation of the agreement as to any other parties. c. Withdrawal from thc agreement or termination of the agreement shall not preclude future agreements or mutual aid agreements between the parties hereto. d. Termination of the agreement in its entirety shall require mutual written assent of all the parties signatory hereto and shall be accomplished by the notice procedure set foflh at,bye. 11. NO OBLIGATION TO ASSIST. Pursuant to law, a participating agency requested to assist shall not he obligated to nssist in any particular incident Participation in the response process is entirely voluntarily. 12. WITHDRAWAL OF ASSISTANCE. Any participating agency requested to assist may withdraw its assistance :if it deems the actions or directions of the incident command agency to be conU~' to accepted hazardous materials response practices. 13. NON.PROFIT. 14. The participating public agency requested to assist shall not profit from rerldering the assistance. RESPONSIBLE PERSONS NOT IMMUNE. Pure, ant to law, any person responsible for causing the hazardous materipls incident in the first insumce shall not be covered by the immunity protection provided by RCW 70.136.050. $o. Puget Sound l%zardotn M~tefial$ Emergency As$i$~nce [nterlo~l Agreement I~xl~ 14 t~ MIA jfq:REVJun¢ 6, 199'/ 4 15. MUTUAL AND RECIPROCAL HOLD HARMLESS CLAUSE. Each participating agency agrees to assume responsibility for all liabili6es, whether by acts or omissions, by its employees and/or volunteers that occur or arise in any way out of the performance of this agreement and thus therefore holds other participating agencies, their respective employees, officials and volunteers harmless from all costs, expenses, losses and damages, including costs of defense. By this mutual and ~recipro~al hold harmless and indemnification provision, it is not the parties' intent to waive any immunity othetmise provided by law. 17. Each participating agency agrees to provide to their own employees and volunteers the appropriate level of training to ensure compliance with all applicable statutes and regulations, and to provide reasonably for the safety of not only their own personnel and volunteers, but also that of other participants. INTER-REGIONAL cOOPERATION. Any of the participating agencies may also cooperate in joint operations or assistance to other regional b~ardous materials responders. DATED this day of, , i 997. PIERCE COUNTY FIRE PROTECTION DISTRICT NO. 2 Attest: District S~cretary Approved as to form: Chairman Commissioner Commissioner Commissioner Commissioner JOSEPH F. QUINN, WSB #6810 Attorney for District So, Puget Sound Fl~rdous Materials Emergengy .4~i,s~mcc Intcrk~ral A~t ~xh. 14 to MIA jfq:~VIune 6, 1997 PIERCE COUNTy FIRE PROTECTION DISTRICT NO. 3 Chainnan Commissioner Commissioner Aucst: Commissioner District Secretary Approved ~s to form: JOSEPH F. QUINN, WSB #6gl0 Attorney for Dis~ict PIERCE COUNTY FIRE PROTECTION DISTRICT NO. 5 Chairman Commissioner Attest: Commissioner District Secretary Approved as to form: JOSEPH F, QUIlq'N, WSB #6810 Attorney for District 5o. Pug~ ,Sound Hazardous Materials Em~r~en~ .~L~c¢ [nt~rlocal Agregment Exh. 14 to MIA j~:~VJ~e 6. I997 7 PIERCE COUNTY FIRE PROTECTION DISTRICT NO. 6 Commissioner C°m~:i°rlgr: C'or~iss~-oner ..... Conimissioner Commissioner Commissioner $o. Puget Sound Hazardous Ma~riaJs Erngr~ncy A$$1~nc¢ lnterl~al ~reemmat Exh. 14 to MIA jfq:REVlune 6. 1997 PIERCE COUNTY FIRE PROTECTION DISTRICT NO. 6 (continued) Attest: s riot Secretary Approved as to form: ;,~$~)'/)H F:'QUINN, WSB #6810 [A/tfomey for District Commissioner Puget Sound Hazardous Materials Emergen~ Exh. 14 to MIA jtq:~VJ~ 6, Approved as to form: EpI~F. QUINN, WSB/$6810 rney for District PIERCE COUNTY FIRE PROTECTION DISTRICT NO. 8 Chairmanj .... Commissioner $0. Pu~I So~nd Hazard{ms Materials Emergency · ~'t%=t'~cz Intetlocal A~rccmcm £xh. I~ lo MIA jfq:REVlun¢ 6. l~97 10 AlU:st: Approved as to form: PIERCE COUNTY FIRE PROTECTION DISTRICT NO. 14 Commis-sio-ner ,~' ---- - $OSEPH F. QUINN, WSB #6510 Attorney for Dis~ict SO. PUl~ .~Jlld Hazardo~ Mzlcrials £rnerg~cy A$~i~l~ce Int~rioeal Agreem~t E,~. 14 lo MIA Jfq:gEVJua¢ 6, 199';' 11 PIERCE COUNTY FIRE PROTECTION DISTRICT NO. 16 Chairman Commissioner A~¢~: Commissioner District Secretary Approved as to form: JOSEPH F. QUI3fN, WSB #6810 Attorney for District 5o. Pug~n Sound Hazardous Materials Errmrgency Enh. 14 to MIA .ifq:REVSun¢ 6, 1997 12 PIERCE COUNTY FIRE PROTECTION DISTRICT/21 Co~sioner ~ Attest: Approved as to form: IOSEPH F. QUINN, WSB #6810 Attorney for District $o, Pu~t Sound tl~zaglous Mat~'ints Emergency P-~At. 14 to MIA jfq:llEVJuag 6, 1997 13 CITY OF PUYALLUP ROBERT DELONG City Manager BARBARA PRICE, City Clerk Approved as to form: LEILA MILLS, Cit~ Attorney So. Pug~t Sound Hazardous Materials Emergency A~J~an~c [nlcrlo~d A~reem~tlt ~. 14 to MIA Jfq:~V/une 6, I ~7 14 CITY OF AUBUP~N CHARLES A. BOOTH Mayor ATTEST: fD~nielle E. Daskam, City Clerk PROVED AS TO FORM: ~ yn lds, City Attorney S. Puget sound Hazardous Material Emergency Assistance Interlocal Agreement Exh. 14 to MIA jfq:REV June 6, 1977 {Ordinance No. 5177} Page 15 CITY OF OLYMPIA City Manager/Mayor CityClerk Approved astofotm: City Attorney 16 FORT LEWIS Approved as to form: Commanding Officer Legal Officer $o. Puget Hound Hazardous Materials £mgrg~:ncy A$$i~tnce/~teriocal A~nt E~. 14 to MiA jfq:~VJune 6, 1997 17 MCCHORD AIR FORCE BASE Approved as lo form: Commanding Officer Legal Officer $o. Puget Sound Hazardous Matefia~ Emergency £xh. 14 to MIA jfq:REVSun¢ 6, 1997 18