HomeMy WebLinkAboutAgr 2016-07-01 (Tiburon Fire Protection District)JOINT POWERS AGREEMENT FOR HAZARDOUS MATERIALS
SPILLS MANAGEMENT
THIS AGREEMENT ("Agreement"), is made and entered into as of the 1St day of
July 2016, by and between the following public agencies: Cities/Towns of Novato, San
Rafael, San Anselm, 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 Conmmunity 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 tern 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.
5. 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:
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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 Conunander
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.
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C. Unified Cornrnand
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 Authority 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 HMRT
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 Tenn 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:
1. 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. Primacy 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 HMRT 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 Chiefs 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 11.65
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:
1. 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
3. 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
greement-shallbe-made-by-deposit}ng—
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 perforin
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.
ATTEST:
4./VE d SNE .� �4 cO iZ
Too
APPOVER A$ 0 F RM
TOWN ATTORNEY
TOWN OF TIBURON
Page 9 of 9 Haz-Mat Spills Management 5.25.16
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
July 20, 2016
Agenda Item: Cr _ 6—
uv-i'cd 7201
STAFF REPORT
To:
From:
Subject:
Reviewed By:
Mayor and Members of the Town Council
Office of the Town Manager
Recommendation to Approve Execution of a Joint Powers Agreement for
4H ardous Materials Spill Management
• ..
BACKGROUND
In 1982, Marin County cities and Towns, and the County of Marin decided to manage Hazardous
Materials incidents through a Joint Powers Agreement (JPA) which is governed by the Marin
County Fire Chief's Association.
The JPA obtains funding from the participating signatory agencies, including Marin cities, towns,
fire departments, and fire districts. Member agencies set policy, approve budgets and provide
vision to the management and leadership of the Hazardous Materials Response Team (HMRT)
through the Marin County Fire Chiefs Association.
The HMRT consist of trained personnel from the signatory fire agencies and Marin County
Sheriff's Office; and includes a compliment of apparatus, equipment and trained technicians and
specialists. The JPA provides funding for apparatus, equipment, training, medical monitoring and
personal protective equipment. In addition to contribution by signatory agencies, the HMRT has
been very successful in receiving grant funding. The grant funding has provided for training,
equipment, and the purchase of a dedicated hazardous materials response vehicle. The HMRT
also seeks cost recovery from the responsible party of a hazardous materials incident.
The frequency, type, and complexity of hazardous materials incidents have changed considerably
since the JPA was first created in 1982. Today the HMRT consists of over 30 members, from 12
fire agencies and the Marin County Sherriff's Office. The HMRT is in the final stages of being
recognized by Cal OES as a Type 1 Team. A Type 1 Team provides the highest level of response
capability identified by Cal OES.
ANALYSIS
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 changes and improvements.
TOWN OF TIBURON PAGE 1 OF 2
Town Council Nk ring
July. 20, 2.016
In addition to the review and updating of the Joint Powers Agreement, the Marin County Fire
Chiefs reviewed the overall operations and management of the Hazardous Materials Response
Team (HMRT), including the HMRT's mission, goals, capabilities, and the current and future
needs of the Team.
The proposed Agreement is for a 10 -year term and includes 18 signatory agencies. It can be
terminated upon written notice to all the parties 90 days prior to the end of the fiscal year.
The review and updating of the agreement has resulted in general language clean-up throughout
the document, including additional wording for clarification purposes. Changes also include:
• Updates to the components of response capability and procedures
• Additional wording for cost recovery and grant funding
• Updates to the cost sharing section to address the recent fire department mergers
• Expanded wording for the duties of the fiscal agent
• Requiring approval of two-thirds (2/3) of the signatory agencies for JPA amendments.
FINANCIAL IMPACT
The current signatory agency contribution total is $75,000 annually. As a result of a financial
review, the Marin County Fire Chiefs are requesting to increase the total annual contribution for
Fiscal Year 2016-17 to $85,000. The last contribution increase was in Fiscal Year 2013-14.
Following the Fiscal Year 2016-17 increase, the intent is to limit the annual increases to no more
than 5% through Fiscal Year 2019-20. The increases are based on analysis of current and future
needs. In order to reduce future contribution increases, the Fire Chiefs will be seeking grant
funding to replace hazardous materials identification equipment which is now beyond its useful
life.
The amount of the annual contribution for each agency is based on population (see page 7 of the
proposed agreement). Based upon this formula, the Town's pro rata share of the contribution
under the new agreement is 3.3%, or $2,250, for Fiscal Year 2016-17.
RECOMMENDATION
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.
Staff recommends that the Town Council approve and authorize signature of a Joint Powers
Agreement for Hazardous Materials Spills Management, effective July 1, 2016.
Exhibits: 1. Proposed agreement, dated July 1, 2016
2. Red -lined version of 2005 agreement
Prepared by: Diane Crane Iacopi, Town Clerk
TOWN Oi'TIM 4;o' Pa e2;,f2
JOINT POWERS AGREEMENT FOR HAZARDOUS MATERIALS
SPILLS MANAGEMENT
THIS AGREEMENT ("Agreement"), is made and entered into as of the this
1st day of ,July ;0952016, by and between the following public
agencies: Cities/Towns of Novato, San Rafael,
San Anselmo, Fairfax, Ross, Mill Valley, Belvedere, Tiburon, Sausalito, Corte Madera_ and
Larkspur; County of Marin; Kentfield Fire Protection District; Novato Fire Protection
District; Southern Marin Fire Protection District; Tiburon Fire Protection District; Ross
Valley Fire Service Department and Marinwood Community Services District.
RECITALS
This aAgreement 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 Ppublic agencies may by Agreement
jointly exercise any power common to the contracting parties.
3 E. 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.
45. Each of the parties desires to enter into arra 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 10 Haz-Mat Spills Management
5.25.16
SECTION 1 Definitions
These definitions shall include any subsequent amendments, deletions or
additions to the above 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 it -with jurisdiction over the area in which the
incident occurred or as designated by such -the agency.
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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 Authority and Purpose
A. The purpose of this aAgreement 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 HMRT
consists of a designated unit of the San Rafael Fire Department and trained fire service
personnel from the signatory fire agencies and Marin County Sheriff's Office, and
includes hereinafter referred to as the Hazardous Materials Response Tciam (HMRT). The
HMRT consists of 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. A County of Marin Hazardous Materials Management Team,
consisting of representatives of the Marin County Fire Department, Office of Emergency
Services, District Attorney, Sheriff; Health Department and Department of Public Works,
shall be dispatched to the incident by County Communications when requested by the
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
Page 3 of 10 Haz-Mat Spills Management
525.16
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.
SECTION 3 Terms of Agreement
A. Except as provided below, the term of this Agreement shall be for ten
years, beginning on July 1, 2005 2016 and terminating on June 30, 20152026. 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. adoption of budget with written notice to all of the then parties.
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 certifies agrees that the deletion withdrawal of any party from this
Agreement shall not affect this Agreement nor the such remaining such intent to
contract as described above 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:
1. 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
Page 4 of 10 Haz-Mat Spills Management
5.25.16
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 a request immediate notification- of to have the Iazardous Materials Response
TeamHMRT immediately requested.
B. Upon notification of a hazardous materials release, County
Communications will contact the San Rafael Fire Department Marin County Fire
Department ECC for dispatch of the ... :. - . - HMRT and
such other resources as called for by the protocol indicates 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 SateState law. \Vhere State law does not designate responsibility, each
signatory city and County shall specify in writing to the Haz Mat HMRTResponse Team
at regular intervals command 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.chall be advised and provided with the agencies that should be notified.
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 such 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 Cal Trans for incidents on a State highway, or
(4) a licensed Hazardous Waste Clean-up Contractor. The Incident Commander may
Page 5 of 10 Haz-Mat Spills Management
5.25.16
authorize such additional other clean-up arrangements deemed 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
aAgreement may require.
C Decon Engine Companies arc a special resource staffed Type 1 Engine
specifically equipped to set up and perform decontamination. There arc numerous Decon
Engine Companies within the county. This resource is not normally dispatched at the
time of requesting the HMRT.
14. Special Ops Trailers arc a special resource. There arc three (3) Decon
Special Ops Trailers within thc county. This resource is not normally dispatched at the
time of requesting the HMRT.
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
fiduciary 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. participant to thc Agreement shall obtain from their
Administrative Agency documentation disclosing the storage location and use of
hazardous materials in their -its jurisdiction for reference by the I-Iazardous Material
Response TeamHMRT.
SECTION 6. Financing
A. The principles for allocating east -responsibility for costs arising from
response to a hazardous materials release management 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 Hazardous Materials Respense-T-eaffiHMRT shall constitute a debt
Page 6 of 10 Haz-Mat Spills Manazement
5.25.16
against the person and/or firm causing the incident and shall be collectable by the
fiduciary fiscal agent specified in Section 6C 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
- .,
TeamHMRT to outside business firms requested by the Team HMRT to secure,
investigate, and monitor remediation and cleanup of the incident. (SeeReference 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 Authority 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.
5.B. The Hazardous Materials Response Teamfiscal agent shall prepare
and submit an proposed annual budget, ander any supplemental budget, e
submitted to the Marin County Fire Chief's Association for approval in the time and
manner as specified. Public funds may not be disbursed by the Hazardous Materials
Response TcamHMRT with -out 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.
BC. 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+f shared cost.
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Jurisdiction Percent Population
Alto FPD 2./1
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 City 20,7 11.65
Novato FPD 26 11.65
Ross 1.1
Ross Valley FD* 9-4 10.5
City of San Rafael 21.0
Southern Marin FPD** 9.2
Town of Sausalito
Tarnalpais FPD
Tiburon City
Tiburon FPD
3.1
3.7
3.3
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 participatorynon-participatory agency shall
be responsible for all costs incurred by the Haz MatHazardous Materials Response Team.
E. Pursuant to the requirements of Section 6505.5 of the Government
Code The City of San Rafael Firc Department is designated to be the Treasurer, the
depository and to have custody of all funds from whatever source fiscaland agent of the
parties under this Agreement, with to perform the following functions, for which the City
of San Rafael shall be reasonably compensated by the parties:
1. 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.
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3. Provide an annual financial report on a fiscal year basis.
and such other financial reports as niay 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.
D.
a. Receive and receipt all money for the Hazardous Materials
Response T -am and place it for credit of the San Rafael Hazardous Material Fund.
SECTION 7. Amendment
Non substantial amendments Amendments to this Agreement may be made by by
the approval of two-thirds (2/3) vote of the governing boards of the then signatory
agencies.Marin County Fire Chiefs' Association.
SECTION 8. Notices
Except as provided in Section 3 for notices of withdrawal from this Agreement.
all 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, 1039 C
StreetP.O. Box 151560, San Rafael, CA 9490194915.
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 ether -party's employees or its agents or
contractors.
The tort liability of the Authority parties shall be controlled by the provisions of
Government Code Division 3.6. Section 810 et seq. of the Government Code.
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The foregoing constitutes the full and complete Agreement of the parties. There arc no
oral understandings or agreements not set forth in writing herein.
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:
By:
ATTEST:
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