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HomeMy WebLinkAboutCity Council Resolutions (R-90-578)-04/03/1990 1 2 RESOLUTION R-90-578 3 WHEREAS, the threat of hazardous materials Epills and accidents is a major problem to area Cities, potentially costing many lives and tremendous monetary loss; and, 4 5 WHEREAS, Northeast Tarrant County municipalities have recognized the need for improved hazardous materials response capabilities; and, 6 7 WHEREAS, hazardous materials resources, causing property damage; and, tax Cities injury and related exposure accidents to death, 8 WHEREAS, the citizens of this comIT:unity should be provided 9 an information awareness program and a response team of professionals to handle hazardous materials spills 10 and accidents. 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: 12 Sec. 1: That the City of Colleyville, Texas, be authorized to enter into an Interlocal Assistance Agreement (attached Exhibit "A") with other participating Cities of Northeast Material Response Team program to benefit the citizens of the comrruni ty and other communities in Northeast Tarrant County. 13 14 15 AND IT IS SO RES0LV~D. Passed by a vote of ~ to ~___ this the 3rd day of April, 1990. 16 17 CITY OF COLLEYVILLE ~I~ MAYOR 18 19 20 ATlJ~QL LaVada Johnson City Secretary 21 22 23 25 Z7A Ross T. Foster City Attorney 24 AND LEGALITY: 26 L/D/47 Resolution R-90-578 EXHIBIT "A" NORTHEAST TARRANT COUNTY HAZARDOUS TRAINING AND RESPONSE TEAM INTER-LOCAL AGREEMENT This agreement is entered by and between the city of Colleyville and the City of both being located within Northeast Tarrant County, Texas, executing and delivering this agreement as hereafter provided (lithe parties"); pursuant to the Interlocal Cooperation Act, Article 4413 (32c), ~exas Revised civil statutes: WHEREAS, there is a need for training and response for Hazardous Material incidents in Northeast Tarrant County; and, WHEREAS, the parties hereto have determined that the best possible method for attacking the Hazardous Material problem in Northeast Tarrant County is an agreement establishing such cooperation; and, WHEREAS, the parties desire to enter into the agreement to provide training and response cooperation in connection with Hazardous Material spills and accidents; and, WHEREAS, each party is authorized to perform the services contemplated herein; NOW, THEREFORE, in consideration of the mutual covenants and the terms and conditions set ~orth below, the parties do hereby agree as follows: 1. The parties hereto execute this agreement for the purpose of providing training and response capabilities for dealing with Hazardous Materials. 2 . When requested by a party, any other party to this agreement shall provide available members of its Hazardous Material training/response unit to control, contain and follow through with the disposal of Hazardous Material incidents occurring within the jurisdiction of the requesting agency. The availability of personnel shall be determined by the party requested to respond. 3. The Hazardous Material response unit shall respond and shall serve as advisors to the restricted area known as the hot zone and perform as otherwise requested to prevent death, injury and destruction. All actions shall be directed by the commander of the requesting unit or his designee. 4. In performing its duties under this agreement, each party will comply with necessary federal, state and local laws and regulations. 1 Resolution R-90-578 5. The party regularly employing the hazardous material response personnel shall pay all wages and disability payments, pension payments, damages to equipment and clothing of that member while he i~ involved in the activities pursuant to this agreement the same as though the services had been rendered within the limits of the jurisdiction wherein he is regularly employed. The requesting party shall have no obligation to reimburse the responding party for such costs. 6. Funding for training and other activities of the Northeast Tarrant County Hazardous Material raining and Response Unit shall be provided as may be agreed by the city managers of the participating cities. 7. A regulation and safety coromi ttee consisting of three (3) Fire Chiefs elected by the members of the Northeast Fire Training Association, shall establish rules, regulations, guidelines and protocol for the Northeast Tarrant County Hazardous material Training and Response Team. 8. In the event that any person performing services pursuant to this agreement shall be cited as a party to a civil lawsuit, state or federal, arising out of the performance of those services, he shall be entitled to the same benefits that he would be entitled to receive if such civil action had arisen out of the performance of his duties as a member of the department where he is regularly employed and in the jurisdiction of the party by which he is regularly employed. 9. Each party to this agreement expressly waives all claims against a party for compensation for any loss, damage, personal lnJury or death occurring as a consequence of the performance of this agreement; provided, however, any civil liability related to the furnishing of services described herein shall be the responsibility of the party which would be responsible for such services absent this agreement. 10. It is expressly understood and agreed that, in the execution of this agreemant no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 11. The term of this agreement shall be from August 15, 1989 through August 14, 1990, and shall thereafter be automatically renewed for successive one year periods unless written notice of intent to withdraw is given by a participating city to all other participating cities at least thirty (30) days prior to the expiration of a term. The contract shall then be automatically renewed as to other participating cities. This agreement may be terminated by mutual agreement. ~~y City may withdraw from this 2 Resolution R-90-578 agreement at any time upon ninety (90) days notice to all other participating cities. 12. This agreement may be signed in multiple counterparts and shall be binding on a party when signed by such party's duly authoriz~d representative and delivered to the other participating cities. IN WITNESS WHEREOF I the parties hereto have executed this agreement to ,be effective upon execution by both. CITY OF COLIEYVILLE (your Agency) ATTEST:~ ~retarY . 'Vada Johnson ~~~~S~~~INS S drday of O(fJ ,19W ~PPZ~~ ~ the Legal Counsel R ss T. Foster Party entering Interlocal Assistance Agreement: ATTEST: APPROVED: City Secretary Name: Title: day of I 19 On the Legal Counsel 3