HomeMy WebLinkAboutCC Resolution 14135 (Hazardous Materials Spills Management)RESOLUTION NO. 14135
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW JOINT POWERS
AGREEMENT FOR HAZARDOUS MATERIALS SPILLS MANAGEMENT, DATED JULY 1,
2016, FOR A PERIOD OF TEN YEARS.
WHEREAS, the most recent Joint Powers Agreement for Hazardous Materials Spills
Management was finalized in 2005. Prior to its expiration in 2015, upon the request of the Marin County
Fire Chief's Association, a one-year extension was approved. The one-year extension provided an
opportunity for review of the Agreement to make any necessary improvements, and;
WHEREAS, participation in this agreement prepares the San Rafael Fire Department for multi -
agency and multi jurisdictional responses to hazardous materials emergencies and encourages compliance
with California Emergency Services Act (ESA) for multi jurisdictional Hazardous Materials Responses,
and;
WHEREAS, the proposed Joint Powers Agreement for Hazardous Materials Spills
Management provides for the continuation of cost effective hazardous materials response by
coordinating the management of and the response to hazardous materials incidents throughout
the County, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve and
authorize the City Manager to execute a new Joint Powers Agreement for Hazardous Materials Spills
Management, in the form attached hereto as Exhibit A.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said
City held the 20th day of June, 2016, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
Gamblin, McCullough & Vice -Mayor Colin
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Bushey and Mayor Phillips
ESTHER C. BEIRNE, City Clerk
JOINT POWERS AGREEMENT FOR HAZARDOUS MATERIALS
SPILLS MANAGEMENT
THIS AGREEMENT ("Agreement"), is made and entered into as of the 1" day of
July 2016, by and between the following public agencies: Cities/Towns of Novato, San
Rafael, San Anselmo, Fairfax, Ross, Mill Valley, Belvedere, Tiburon, Sausalito, Corte
Madera, Larkspur; County of Marin; Kentfield Fire Protection District; Novato Fire
Protection District; Southern Marin Fire Protection District; Tiburon Fire Protection
District; Ross Valley Fire Department and Marinwood Community Services District.
RECITALS
This Agreement is predicated upon the following facts:
1. Each of the parties to this Agreement is a "Public Agency" as the term is
defined in California Government Code Section 6500 and is authorized to enter into Joint
Powers Agreements.
2. The parties are responsible for maintenance of public safety and/or fire
protection within their respective jurisdiction within the County of Marin, State of
California.
3. Pursuant to Government Code Section 6500 et. seq. commonly known as
the Joint Exercise of Powers Act, two or more public agencies may by agreement jointly
exercise any power common to the contracting parties.
4. Marin public agencies first entered into an agreement in 1982 for the
purposes of coordinating management and response to hazardous materials spills. The
current agreement is set to expire on June 30, 2016.
Each of the parties desires to enter into a new agreement with each of the
other parties for the purposes of coordinating management of and response to hazardous
materials spills, establishing a formula for financing joint expenses for such management
and response, and defining signatory agency responsibilities.
NOW THEREFORE, in consideration of mutual benefits, covenants and
agreements set forth herein, the parties agree as follows:
Page 1 of 9 Haz-Mat Spills Management 5.25.16
SECTION 1 Definitions
These definitions shall include any subsequent amendments, deletions or
additions to the below mentioned statutes.
A. Hazardous Materials Spill
A hazardous materials spill means an incident or potential incident, which
threatens public health or safety involving the unsafe release of a hazardous substance or
hazardous waste as defined below. A hazardous substance or hazardous waste means an
substance or product for which the manufacturer or producer is required to produce a
material safety data sheet prepared pursuant to Section 6390 of the California Labor Code
or pursuant to the regulations of the Occupational Safety and Health Administration of
the U.S. Department of Labor, or pursuant to the Hazardous Substances Information and
Training Act (commencing with Section 6360, Chapter 2.5, part 1 of Division 5 of the
California Labor Code), or pursuant to any applicable State of Federal law or regulation;
any substance or product which is listed as a radioactive material set forth in Chapter 1,
Title 10, Appendix B, maintained and updated by the Nuclear Regulatory Commission;
or any substance or product defined as hazardous or extremely hazardous waste by
Sections 25115 or 25117 of the California Health and Safety Code and set forth in
Sections 66680 and 66685 of Title 22 of the California Code of Regulations. Release
means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, ejecting,
escaping, leaching, dumping, or disposition into the environment. Any material may be
added to the list of hazardous materials set forth by applicable State of Federal law or
regulation upon a finding by the County Health Officer that it is a material which,
because of its quantity, concentration, physical, or chemical characteristics, poses
significant present or potential danger to human health and safety or to the environment if
released into the environment.
B. Incident Commander
Incident Commander is the individual responsible for the overall management of
the incident and is usually from the agency with jurisdiction over the area in which the
incident occurred or as designated by such agency.
Page 2 of 9 Haz-Mat Spills Management 5.25.16
C. Unified Command
Unified Command is a unified command effort which allows all agencies with
responsibility for the incident, either geographical or functional, to manage an incident by
establishing a set of common objectives and strategies.
SECTION 2 Authoritv and Purpose
A. The purpose of this Agreement is to establish a specially trained capability
for the expeditious and economical response to a hazardous materials spill or potential
release on public and/or private property within the signatories' jurisdictions.
B. The components of this specialized response capability shall consist of;
1. Hazardous Materials Response Team (HMRT) — The I iMRT
consists of trained fire service personnel from the signatory agencies and Marin County
Sheriff's Office, and includes a compliment of apparatus, equipment and trained
technicians and specialists. The HMRT shall assist in the control and containment of
hazards created by releases and potential releases which exceed the capability of the
jurisdiction having primary responsibility, and which shall provide consultation on
identifying and managing hazardous materials releases or potential releases in a manner
consistent with all local, state and federal laws and regulations regarding such releases.
2. Support Team — The Support Team consists of trained fire service
personnel from the signatory agencies to support the HMRT operating in hazardous
environments. The Support Team is restricted from operating within or immediately
adjacent to chemical environments where hazardous materials emergency response teams
would normally operate. The Support Team normally performs activates such as rescue
standby, decontamination, and logistical support, under the direction of the Decon
Leader.
C. The fiscal agent shall have the authority to collect response related costs
on behalf of signatory agencies. Signatory agencies may also collect their response
related costs directly from the responsible party.
D. The fiscal agent shall have the authority, on behalf of the signatory
agencies, to apply for, receive, and distribute grants from public or private agencies for
the purposes set forth in this Agreement.
Page 3 of 9 Haz-Mat Spills Management 5.25.16
SECTION 3 Term of Agreement
A. Except as provided below, the term of this Agreement shall be for ten
years, beginning on July 1, 2016 and terminating on June 30, 2026. A signatory agency
may withdraw upon giving at least ninety (90) days written notice prior to the end of the
fiscal year, effective as of the start of the next fiscal year, to all the other parties to the
Agreement.
B. Each party to this Agreement certifies that it intends to and does contract
with all other parties who are signatories of this Agreement. Each party to this
Agreement also agrees that the withdrawal of any party from this Agreement shall not
affect this Agreement or such remaining party's intent to contract as described herein,
with the other then remaining parties to the Agreement other than to alter the pro rata
share of costs.
SECTION 4 Operational Responsibilities
A. As soon as practical upon determining that a hazardous materials release
or potential release has occurred, the public safety unit first arriving on scene shall:
Immediately isolate the scene, deny access to the scene and seek to
protect people and/or livestock in the general vicinity.
2. Notify the Marin County Public Safety Communications Center
(County Communications) of the location of the incident and affected area, the type of
incident (traffic accident, pipe breakage, etc.), the type and quantity of hazardous material
or the characteristics of the material if its type is unknown, safe and unsafe routes to the
scene, and request immediate notification of the HMRT.
B. Upon notification of a hazardous materials release, County
Communications will contact the Marin County Fire Department ECC for dispatch of the
HMRT and such other resources as called for by the protocol of the jurisdiction in which
the spill occurs. (The California Highway Patrol has jurisdiction over State highways.)
C. For each incident, command responsibility shall be delegated according to
applicable State law. Where State law does not designate responsibility, each signatory
city and County shall specify in writing to the HMRT at regular intervals command
Page 4 of 9 Haz-Mat Spills Management 5.25.16
authority for incidents within its jurisdiction. The incident commander may request
additional assistance as he or she deems necessary to restore public health and safety.
D. When the HMRT determines that specialized resources may be required to
mitigate the release or assist with clean-up, the HMRT shall provide the Incident
Commander with the contact information for such resources.
E. After an incident is under control, as determined by the Incident
Commander, the following clean-up protocol shall be followed. First, a reasonable
attempt shall be made to give the person(s) responsible for the incident adequate notice
and opportunity to remove the hazardous substance. If, in the judgment of the Incident
Commander, such opportunity has been adequately provided, considering the conditions,
the Incident Commander may authorize additional clean-up operations be carried out, if
appropriate, by (1) the City/Town Public Works Department in which the incident
occurred, (2) County Public Works for incidents in the unincorporated area, (3)
California Department of Transportation for incidents on a State highway, or (4) a
licensed Hazardous Waste Clean-up Contractor. The Incident Commander may authorize
such additional clean-up arrangements determined to be appropriate for the restoration of
public health and safety and for nuisance abatement. Clean-up of private property
beyond these requirements shall be the responsibility of the property owner under the
auspices of the County Health Officer.
F. Signatory agencies shall cooperate with such incident protocols as this
Agreement may require.
SECTION 5. Resource Inventory
A. The signatory agencies agree to fund apparatus, equipment, training,
medical monitoring, and personal protective equipment as may be required by the fiscal
agent specified in Section 6E to meet state and federal OSHA regulations pertaining to
hazardous materials release response.
B. Each signatory agency shall provide the HMRT, when requested, with
available information concerning the storage location and use of hazardous materials in
its jurisdiction for reference by the HMRT.
Page 5 of 9 Haz-Mat Spills Management 5.25.16
SECTION 6. Financing
A. The principles for allocating responsibility for costs arising from response
to a hazardous materials release shall be as follows:
1. Primary responsibility for all extraordinary costs related to such an
incident rests with the person(s) responsible for the spill. Damages and expenses
incurred by the HMRT shall constitute a debt against the person and/or firm causing the
incident and shall be collectable by the fiscal agent specified in Section 6E of this
agreement. Expenses, as stated above, shall include, but not be limited to, cost
attributable to the use of equipment, personnel committed, and any payments required by
the HMRT to outside business firms requested by the 14MRT to secure, investigate, and
monitor remediation and cleanup of the incident. (See Section 13009.6, California
Health and Safety Code.)
2. The State of California is not liable for any such costs unless one
of its officers, employees, or agents is a person described in Section 6(A) 1 above; or
unless the costs are associated with a spill for which a disaster is declared.
3. Funding sources for activities of the HMRT will consist of
contributions made by each party in a manner to be determined by the Marin County Fire
Chief's Association as provided in subsection B below.
4. To the extent that signatory agencies are not reimbursed for
extraordinary costs of managing an incident or its clean-up, the costs shall be the liability
of the jurisdiction in which the spill occurred.
B. The fiscal agent shall prepare and submit an annual budget, and any
supplemental budget, to the Marin County Fire Chief's Association for approval. Public
funds may not be disbursed by the HMRT without adoption of the approved budget, and
all receipts and disbursements shall be in strict conformance with the approved budget.
Following approval of the budget, and any supplemental budget, the fiscal agent shall
invoice each party for its share of the budgeted costs, and payment shall be due to the
fiscal agent within 30 days of such invoices.
Page 6 of 9 Haz-Mat Spills Management 5.25.16
C. Cost sharing, to support the Hazardous Materials Response Team and to
compensate the City of San Rafael for its services as fiscal agent as provided in
subsection C below, shall be allocated on a jurisdiction percent of population based on
the County of Marin's current census data. Where a Fire District and City share the
population, each shall contribute one half of the shared cost.
Jurisdiction
Percent Population
City of Belvedere
1.0
Town of Corte Madera
3.6
County of Marin
11.6
Kentfield FPD
3.0
City of Larkspur
4.8
Marinwood CSD
2.0
City of Mill Valley
5.7
City of Novato
l 1.65
Novato FPD
11.65
Ross Valley FD*
10.5
City of San Rafael
21.0
Southern Marin FPD**
9.2
Town of Tiburon
3.3
Tiburon FPD
1.0
Total 100%
* Ross Valley FD percentage share includes Ross, San Anselmo, and
Fairfax.
** Southern Marin FPD percentage share includes Sausalito.
D. Any non -participatory agency shall be responsible for all costs incurred by
the Hazardous Materials Response Team.
E. The City of San Rafael is designated to be the fiscal agent of the parties
under this Agreement, with the following functions, for which the City of San Rafael
shall be reasonably compensated by the parties:
Serve as the depository and have custody of all funds from
whatever source and establish and maintain such books, records, funds, and accounts as
may be required by reasonable accounting practices.
2. Ensure that the disbursement of funds is in strict conformance with
the adopted budget.
Page 7 of 9 Haz-Mat Spills Management 5.25.16
Provide an annual financial report on a fiscal year basis, and such
other financial reports as may be requested by the Marin County Fire Chief s
Association.
4. Administer cost recovery procedures for the collection of response
related expenses and damages.
5. Serve as the financially responsible party for all grants.
SECTION 7. Amendment
Amendments to this Agreement may be made by the approval of two-thirds (2/3)
of the governing boards of the then signatory agencies.
SECTION 8. Notices
Except as provided in Section 3 for notices of withdrawal from this Agreement,
all notices required or given pursuant to this Agreement shall be made by depositing
same in the U.S. mail, postage paid, and addressed as follows:
Hazardous Materials Response Team, c/o City of San Rafael Fire Department, P.O. Box
151560, San Rafael, CA 94915.
SECTION 9. Hold Harmless
Each party shall indemnify and hold each other party harmless from and against
all loss, cost, expense (including attorney's fees and expert witness fees), actions or
liability occasioned by or arising out of the negligent acts, or negligent failure to perform
under the authority of this Agreement by each party's employees or its agents or
contractors.
The tort liability of the parties shall be controlled by the provisions of
Government Code Division 3.6, Section 810 et seq.
Page 8 of 9 Haz-Mat Spills Management 5.25.16
SECTION 10. Entire Agreement
This JPA sets forth the entire Agreement between the parties with respect to
content addressed herein and supersedes all prior agreements, communications, and
representations, oral or written, express or implied, since the parties intend that this be an
integrated Agreement.
SECTION 11. Execution in Counterparts
This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same
instrument. Faxed and scanned signature pages shall be treated as valid as the originals.
IN WITNESS WHEREOF, the parties have executed this Joint Powers
Agreement as of the day and year first above written.
AGENCY: CITY OF SAN RAFAEL
JIM SCHUTZ, City Manager
ATTEST:
Approved as to torula
ESTHER C. BEIRNE, City Clerk
Page 9 of 9 Haz-Mat Spills Management 5.25.16
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Fire
Project Manager: Danielle Ferrigno
Extension: 3138
Contractor Name: Hazardous Materials JPA
Contractor's Contact: N/A
Contact Email: danielle.ferrieno(@citvofsanrafel.org
Step RESPONSIBLE
DESCRIPTION
COMPLETED
DEPARTMENT
DATE
1 Project Manager
a. Email PINS Introductory Notice to Contractor.
6/29/2016
b. Email contract (in Word) with attachments to
City Atty c/o
Laraine.Gittens@cityofsanrafael.org.
2 City Attorney
a. Review, revise, and comment on draft
Click here to
agreement.
enter a date.
b. Confirm insurance requirements, create Job on
54-1 /16
PINS, send PINS insurance notice to contractor.
4-T P
3 Project Manager
I Forward at least two originals of final agreement to
Click here to
contractor for their signature.
enter a date.
4 Project Manager
When necessary, * contractor-siened agreement
agendized for Council approval.
Date of Council approval:
Click here to
*PSA > $20,000; or Purchase > $35,000; or
enter a date.
Public Works Contract > $125,000
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5 I Project Manager
I Forward signed original agreements to City
Attorney with printed copy of this routing form.
6 City Attorney
Review and approve hard copy of signed
OK .
agreement
16122 & 6 D
7 I City Attorney
I Review and approve insurance in PINS and , and
bonds (for Public Works Contracts)
8 I City Manager/ Mayor
I Agreement executed by Council authorized official
9I City Clerk I Attest signatures, retains original agreement and
forwards copies to Project Manager. 0
REVIEWER
Check/Initial
EQ�
0
LEI
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval
by the City Council. Save staff report (including this cover sheet) along
with all related attachments in the Team Drive (T:) --> CITY COUNCIL
AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: 5/16/2016
From: Danielle Ferrigno
Department: Fire Department
Date: 6/8/2016
Topic: Hazardous Materials JPA Extnension
Subject: CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW
JOINT POWERS AGREEMENT FOR HAZARDOUS MATERIALS SPILLS MANAGEMENT,
DATED JULY 1, 2016, FOR A PERIOD OF TEN YEARS.
Type: ® Resolution ❑ Ordinance
❑ Professional Services Agreement ® Other: Staff Report
APPROVALS
® Finance Director
Remarks: Approved - MM 6/10/2016
® City Attorney
Remarks: Approved with changes to the Staff Report, Resolution, and Routing Slip 6/9/16 ETD
® Author, review and accept City Attorney / Finance changes
Remarks: DF Approved -6/13/2016
® City Manager
Remarks: