HomeMy WebLinkAboutResolution-2006-0014
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 14
Series of 2006
TITLE:
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT FOR THE DESIGNATED EMERGENCY
RESPONSE AUTHORITY FOR THE CITY OF WHEAT RIDGE
WHEREAS, An Intergovernmental Agreement by and between the City of Wheat Ridge,
the Wheat Ridge Fire Protection District, the Arvada Fire Protection Distnct, the West Metro
Fire Protection District, and the Fairmount Fire Protection District, all of whom are political
subdiVISIons of the State of Colorado has been prepared for the Designated Emergency Response
Authonty for the City of Wheat Ridge.
WHERAS, the Wheat Ridge Fire Protection Distnct, the Arvada Fire Protection District,
the West Metro Fire Protection District, and the Fairmount Fire ProtectIOn District (collectively,
the "Fire Districts") each have the authority to operate within the corporate boundaries of the
City of Wheat RIdge (referred to as "The City" hereafter); and,
WHEREAS, the Colorado General Assembly adopted C.R.S. 29-22-101, et seq.,
regarding state and local governments response to hazardous substance mcidents m Colorado;
and,
WHEREAS, C .R.S 29-22-101, et seq., specifically requires local umts of government to
designate an "Emergency Response Authority" in each local government junsdlctlOn, and
provides statutory authonty for cooperation among various political subdivisions m order to
establish and maintain close working relatIOnships among those agencies dealing with hazardous
substance incidents, and,
WHERAS, Part 2, of Article 1, of Title 29, C.R.S encourages and authonzes agreements
of this nature; and,
WHERAS, pursuant to SectIOn 29-22-102(3)(a), C.R.S., the Fire Protection Districts
having jurisdiction within the corporate boundanes of the City of Wheat Ridge have been
designated the Emergency Response Authonty for hazardous substance mCldents occurring
withm their respective jurisdictions within the City of Wheat Ridge; and,
WHERAS, the City of Wheat Ridge, the Wheat Ridge Fire Protection Distnct, the
Arvada Fire ProtectIOn District, the West Metro Fire Protection District, and the Fairmount Fire
ProtectIOn Distnct further realize the need to share resources and expertise in the event of a
hazardous substance mcident, and that to effectively counteract the potentIal impact of hazardous
substances a coordmated response capability IS essential, and,
WHERAS, the City of Wheat Ridge, the Wheat Ridge Fire Protection Distnct, the
Arvada Fire ProtectIOn Distnct, the West Metro Fire ProtectIOn DIstrict, and the Fairmount Fire
Protection Distnct agree that remediation and cost-recovery activities are best coordinated by the
City of Wheat Ridge.
NOW THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The Intergovernmental Agreement for the DeSignated Emergency Response Authority for
the CIty of Wheat Ridge be approved.
DONE AND RESOLVED this f....? ',1- day of rr/,u, ,_
,2006.
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Jerry Dg"uIlio, Mayor
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ATTEST'
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Pame a Anderson, City Clerk
Intergovernmental Agreement
This Agreement is entered mto this~ 7 da~ /2 U!..~--:.. 2006 by and between the City of
Wheat Ridge, the Wheat Ridge Fire ProtectIOn Distnct, the Arvada Fire Protection Dlstnct, the
West Metro Fire Protection District, and the Fairmount Fire Protection District, all of whom are
political subdivIsions of the State of Colorado.
WHERAS, the Wheat Ridge Fire Protection Dlstnct, the Arvada Fire ProtectIOn District, the
West Metro Fire ProtectIOn District, and the FaJrmount Fire Protection District (collectively, the
"Fire Districts") each have the authority to operate withm the corporate boundanes of the City of
Wheat Ridge (referred to as 'The City" hereafter); and,
WHEREAS, the Colorado General Assembly adopted C.R.S 29-22-101, et seq, regarding state
and local governments response to hazardous substance inCidents m Colorado, and,
WHEREAS, C.R.S 29-22-101, et seq., specifically requires local umts of government to
designate an "Emergency Response Authority" m each local government Junsdlction, and
provides statutory authority for cooperation among vanous political subdivIsIOns m order to
establish and maintain close workmg relationships among those agencies dealmg with hazardous
substance incidents, and,
WHERAS, Part 2, of Article I, of Title 29, C .R.S. encourages and authonzes agreements of this
nature; and,
WHERAS, pursuant to Section 29-22-102(3)(a), C.R.S, the Fire Protection Dlstncts having
jurisdiction wlthm the corporate boundanes of the City of Wheat Ridge have been designated the
Emergency Response Authority for hazardous substance mCldents occurring within their
respective Junsdlctlons within the City of Wheat Ridge; and,
WHERAS, the City of Wheat Ridge, the Wheat Ridge Fire Protection District, the Arvada Fire
Protection Dlstnct, the West Metro Fire ProtectIOn Dlstnct, and the Fairmount Fire ProtectIOn
Distnct further realize the need to share resources and expertise in the event of a hazardous
substance mcident, and that to effectively counteract the potential impact of hazardous
substances a coordinated response capability IS essential, and,
WHERAS, the City of Wheat Ridge, the Wheat Ridge Fire Protection Dlstnct, the Arvada Fire
Protection District, the West Metro Fire Protection District, and the Fairmount Fire ProtectIOn
District agree that remediation and cost-recovery activities are best coordinated by the City of
Wheat Ridge.
NOW THEREFORE, IT IS HEREBY AGREED by the City of Wheat Ridge, the Wheat Ridge
Fire ProtectIOn District, the Arvada Fire Protection District, the West Metro Fire Protection
District, and the FaJrmount Fire Protection District that their respective duties and
responsibilities in the event of a hazardous substance incident occurring within the city limits of
Wheat Ridge, Colorado, are as follows
I Command
A. The Fire District having responsibility shall act as Incident Commander.
B. Command shall be established and maintained throughout the incident. Umfied
command shall be activated as appropnate.
C Incident Command CIC") shall mean the activatIOn of an Incident Management
System m compliance with the National Incident Management System and / or
OSHA reqUirements (29CFR 191 0.120) for hazardous materials events.
II. Responsibilities of the Wheat Ridge Police Department
A. Notify response and support agencies.
B Secure the area and restrict access.
C Establish a command post and establish InCident Command, If necessary.
Transfer command to the Fire Distnct havmg junsdlction upon their arrival on
scene. Participate in Unified Command, as appropriate.
D. Establish a Liaison with the Incident Commander
E. Provide penmeter. traffic, and crowd control.
F Evacuate area, If reqUired.
G Act as the primary contact for additIOnal equipment and supplies from or through
The City of Wheat Ridge.
H. Coordinate with IC regarding all activities related to the news media.
I. Imtlate the pnmary report of investigation as to the cause of the incident and the
resultmg actions taken by all on-scene agencies m cooperation with the Fire
Districts mvolved.
J Activate the City of Wheat Ridge Emergency OperatIOns Center ifthe situatIOn so
dictates.
K. Coordmate remediation activIties.
L Coordinate incident follow-up to ensure site safety withm 72-hours of the
mcident.
M. Conduct a review of the hazardous materials response operations within one week
of the incident.
N Initiate through the City of Wheat Ridge the billing and reimbursement process
for costs associated with the incident in accordance to C.R.S 29-22-104, C.R.S
29-22-105, and all other applicable statutes.
III. ResponsibilItIes of the Wheat Ridge Fire Protection District, Arvada Fire Protection
Distnct, West Metro Fire Protection Dlstnct, and Fairmount Fire Protection District.
Each Fire Distnct shall bear the following responsibilities if the incident occurs wlthm Its
dlstnct:
A. EstablIsh InCident command and establish a command post; provide for the
termination or transfer of command responsibility upon mcident stabilizatIOn.
Participate in and support Unified Command as appropriate
B ASSist with the notificatIOn of response and support agencies.
C Provide imtial mcident assessment and hazardous materials "operations" level
response
D Initiate response from the Adams / Jefferson Hazardous Materials Response Team
If reqUired, conduct "technician" level response as appropriate based on the
incident and available resources.
E. Provide for the safety of responders and citizens to the best of their ability
F Isolate the affected area and establish appropnate control zones.
G Conduct search and rescue operations.
H. Provide medical services, mcluding the establishment of a triage area.
1. Establish and control a staging area.
J Establish a decontammatlon area.
K. Notify the City of Wheat Ridge of receipt of any notice of SUIt ansmg out of a
hazardous materials mCldent.
L. Forward to the City of Wheat Ridge, within 30 days of the incident, an itemized
listmg of the costs associated with the fire protection district's response to the
mCldent.
M. Complete a report detailing the cause of the incident and documentmg the
decisions and actions taken in regards to the mCldent.
N Assist with incident follow-up to ensure site safety withIn 72-hours of the
Incident.
o Conduct a review of the hazardous materials response operations within one week
of the Incident.
IV. Cost Recovery Protocol
A. During the mltlal response to a hazardous matenals Incident, Fire District
personnel responding to an mCldent within the City of Wheat Ridge will make
reasonable efforts to identify the generator of the hazardous material. If the
generator IS unknown, Fire Distnct personnel will make reasonable efforts to
determme the owner of the affected property. If such IdentificatIOn can not be
done dunng the initial response, It is the responsibility of the City of Wheat Ridge
and/or the Wheat Ridge Police Department to make this Identification and
conduct any required follow-up investigation.
B. When providIng hazardous matenals response In the City of Wheat Ridge, the
Fire District will accurately record the costs incurred as necessitated by the
response and mitigation of the mCldent. These costs should include reasonable
and customary costs for personnel, eqUipment, materials, and other costs that may
be associated with an external service provider mitigating the mCldent or
disposing of the hazardous material.
C In those instances where the cost of response, mitigation, and clean up can be
recovered from the generator or property owner (if generator unknown), the City
will use all legal means available to recover those costs. Upon cost recovery the
City shall reimburse the Fire Distnct for Its Itemized costs related to the incident
including personnel, eqUipment, and materials.
D For incidents that occur on City-owned property, the City shall be responsible for
any costs associated with any external service provider or contractor reqUired to
remediate the site and legally dispose of the hazardous material.
E. In those instances where the cost of response and mitigatIOn cannot be recovered,
the City will be responsible for any costs associated with the use of an external
service provider or contractor, but not for any costs incurred by the Fire Dlstnct.
F The Fire Dlstnct will assist the City in cost recovery efforts whenever and
however possible by providing the City any information the Fire District has
regarding the identity of the generator of the hazardous material or the owner of
the affected property The actual blllmg and recovery efforts shall be the
responsibility of the City of Wheat Ridge.
V Civil Liability
The civil liability of any party to this Agreement, resulting from a hazardous substance
incident, shall be limited as provided m Section 29-22-109 C.R.S. and Article 10 of Title
24, C R.S
VI TermmatlOn of Agreement
This Agreement shall become effective as to each party when executed by the party and
shall remain operative and effective between each and every party, until participation in
this Agreement IS terminated by the party upon ninety (90) days written notice to all other
parties. Upon termination by one or more of the parties of its participation in thiS
Agreement, the majority of the remammg parties shall determine whether this Agreement
shall remain effective between the other parties thereto
VII. Amendment of Agreement
This Agreement may be amended by the parties from time to time; any amendment shall
be m wnting and executed by all the parties hereto
VIII. Severability Clause
If any provision of the Agreement or the applicatIOn hereof to any party or circumstance
is held invalid, such mvalidlty shall not affect the other provisions or applications of the
agreement which can be gIven effect without the invalid provision in application and, to
this end, the provisions of the Agreement are declared to be severable.
IX. AdditIOnal Aid
The Wheat Ridge Police Department and the Fire ProtectIOn Dlstnct having jurisdiction
over the hazardous materials incident may request additional aid from other
governmental agencies per the provisions of C.R.S. 29-5-101, et. seq
X. Compliance with Tabor
Nothing m thiS Agreement creates any multi-year financial obligation of any Party The
obligatIOns of each Party hereto are subject to annual appropriation.
IN WITNESS WHEREOF, this agreement has been executed and approved and IS effectlVe and
operatIve as to each of the parties as herem provided.
ATTEST
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BY'
Maxjlr Jerry DiTulho
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APPROVED'
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Arvada Fire Protection DIstnc't
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otection DIstnct