Loading...
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: