City Council Agenda ltems and Contracts, Leases or Agreements. 12t4t2012. City Council Meetíng Date Agenda ltems Only. Division

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1 Gity of Fayetteville Staff Review Form City Council Agenda ltems and Contracts, Leases or Agreements A. 3 Page 1 of 8 12t4t2012 City Council Meetíng Date Agenda ltems Only David Dayringer Submifted By Division Fire Department recommends adoption of a resolut on authorizing the interlocal cooperation agreement for ishing hazardous materials incident response services in Benton and Washington Counties. Start-up costs for initialhazmattruckandequipmentareapproximately$105,000. F&s^ a ç 833.r*ås Cost of this request 105, , Category / Project Budget Act 833 Funding Program Category / Project Name Account Number Funds Used to Date 10, Piogram / Project Category Name Project Number Budgeted.ltem l-1 Remaining Balance 247, Budget Adjustment Attached l-l Fund Name tt-4- ' Date ' 9- Previous Ordinance or Resolution # Original Contract Date: ll lb^l- orisinarcontract Number: Date fj q,fus^-, Finance and lnternal Services Director I - ll.2è À Date // eo4- Date /ø#þ^ Received in city 2P 1 2: 1 B RcvD Clerk'sOffice,) \ Received in Mayor's Office Revised January 15,2009

2 ARKANSA le s.n A. 3 Page 2 of 8 THE CITY OF FAYETTËVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE STAFF REVIEW MEMO To: Mayor Jordan & City Administration From: David Dayringer, Fire Chief Date: November 14,2012 Subject: A Resolution to withdraw from the interlocal cooperation agreement for furnishing hazardous materials incident response services in Benton and Washington Counties. PROPOSAL: In order to comply with Federal law, in March of 1989 the City entered into an interlocal cooperation agreement for furnishinghazañous materials incident response services in Benton and Washington Counties. Under this agreement-a. regional Hazardous Materials Response, Team was created and has been maintained by the Northwest Arkansas Fire Chiefs Association, the member cities, and Washington and Benton Counties. This was a prudent move because at that time no single governmental jurisdiction had the manpower, hazmat training, equipment, protective clothing, or incident management system to safely mitigate a hazardous materials incident. During the23 years since the regionalhazmat team was formed, the fire service industry, andthe Fayetteville Fire Department have become proficient at responding to hazardous materials incidents. We now have the training, equipment, protective clothing, and have developed the incident management system necessary to safely mitigate hazardous materials ingidents. The Fire Department now has afl personnel trained inhazmat response including l8 Hazmat Technicians with which to operate our own Hazmat Response Unit. In the event our resources are overwhelmed, we will call for help using our automatic and mutual aid agreements with regional agencies and through the Arkansas Fire Service Statewide Mutual Aid plan. RECOMMENDATION: Staff recommends adoption of a resolution authorizing the withdrawal from the interlocal cooperation agreement for furnishinghazardous materials incident response services in Benton and V/ashington Counties. This will become effective January 20, For hazardous material responses, the Fire Department has designated Engine 7 housed at Fire Station 7 as our Hazmat unit and will continue to utilize thehazmat Trailer and equipment located there. BUDGET IMPÄCT: The Fire Department will incur an initial start-up cost of approximately $ 105,000 to purchase a Hazardous Materials Response Truck and related equipment. The Fire Department will cover this cost with Act 833 funding and use the current annual Regional Hazsnat fee of $22,000 for ongoing expenses. This will amount to no budget increase and, after start-up costs, will have a positive impact to the Fire Department budget.

3 A. 3 Page 3 of 8 RESOLUTION NO. A RESOLUTION PROVIDING NOTICE PURSUANT TO ARTICLE V OF THE INTERLOCAL COOPERATION AGREEMENT FOR THE PROVISION OF HAZARDOUS MATEzuALS INCIDENT RESPONSE SERVICES IN BENTON AND V/ASHINGTON COI]NTIES OF THE INTENTION OF THE CITY OF FAYETTEVILLE TO WITHDRAW ITS PARTICIPATION IN THE AGREEMENT EFFECTIVE SIX (6) MONTHS FROM THE DATE OF WRITTEN NOTIFICATION OF THE ADOPTION OF THIS RESOLUTION TO THE REMAINING PARTICIPANTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF F'AYETTEVILLE, ARKANSAS : Section 1: That the City Council of the City of Fayetteville, Arkansas hereby provides notice pursuant to Article V of the Interlocal Cooperation Agreement for the Provision of Services in Benton and Washington Counties of the intention of the City of Fayetteville to withdraw its participation effective six (6) months from the date of written notification of the adoption of this Resolution to the remaining participants. PASSED and APPROVED this 4ú day of December, APPROVED: ATTEST: By: LIONELD JORDAN, Mayor By: SONDRA E. SMITH, City Clerk/Treasurer

4 A. 3 Page 4 of 8 RESOLU'îION NO. z3-ss t{lgtoflltilfid A RESOLUTTON AUTHORIZII.TG THE }IAYOR AND CITY CLERK TO EXSCUTE AN INTERTOCÃL COOFERÂ,TTON : AGREEMENT FCR FURNISHING H.ZARDOTJS M.ã,TERIALS INCTDENT 'RESPONSE SERVICES IN BENTON rì,nd IáIASHTNGTCN COUNTTES. BE IT RESOLVED BY THE BOåRD OF DTRECTORS OF THE CITY OF FAr:EgrE\/ILr,E, ARKÃNSA,S : $çrgtion 1-L That the Maiz6 and. City Clerk are hereby autholffãeã directed to execute an int,erlocal cooperatj.on agreement for furnishing hazardcus materials incident response services in Benton and!{ashíngton counties. A copt of the agireement authorized for execution hereby is attachãd hereto marked Exhibit rrart and made a part hereof. PAssED Al{D APPROVED this 2i-sr day of March, L9g9. APPROVED ATTEST By:.:fl

5 -2- stringent requirements as "responderstt to such íncídents, making such responses very expensive and technically infèasible for any single politícal jurisdiction. It Ís ouï intent that Ehe creâtion of an area-wide HMRT whlch could utilize shared personnel and resources rvould allow us a reasonable response capability within Ehe requirernents of the Federal rules. ARTTCLE III. MANNER OF FINANCING IE is.anticípated thaë t.here r i11 be both an inltía1 ttstart-uptt cost and a recurring naíntenance expense involved vitsh an HMRT operatlon. The fnitial costs will include at least a vehicle, equipmenë, protective clothing, and trainíng costs. This in iial expense can be estinatetl at $230,000. the recurring costs should not exceed $150,000 annually for an estínated period of t.hree (3) years. A budget for both the ini.ciat and annual costs wí11 be subnittetl by the NWAFCA annually on or near Septenber 1. this budget shal1 be reviewed and considéred by the County Intergovernmental Cooperation Councils (ICCs) (Act 510 of L987). The ICCs will recomnend a cost-sharing fornula for the ci.ties and counties. Each city and county r+i11 Èhen presene an appropriation ordinance to theír legislative council. All appropriatfons to Ëhe HMRT shall be deposited with the IùashÍngton County Treasurer, who shal1 keep a separ.ate fund for HMRT expenses. The NI,JAFCA sha11 establish procedures for accessinb those funds for both routine and ernergency expenditures in accordance with current laws. ARTTCLE IV. DURATION The effective date of this agreenent shal1 be 3/2t/8s perpelual fron thaè date unless terninated as provided ín drticle V. ARTICLE V. TERMINATIOI! Any partlcipating agency nay withdraw t,heir partícipâtiotr ir, this governeent by six (6) nonthsr 1{ritten notice by the governi.ng body. The HMRT may be terminated by a najorièy vote of both ïccs, ARTICLE VI. DISPOSTTTON OF PROPERTY All property acquired by Ëhe.H 4RT shal1 remain in its possession until the HMRÈ is terminated. Upon ternination of the HMRT, any acquired property will be properly liquidated as allowed by public 1aw and assets returned to the poliëical jurisdictions in a pro rate fashiotr as deternined by the fcc. A. 3 Page 5 of 8

6 A. 3 Page 6 of 8.{troC.\: GARFIELD: GÀTEf,\IAY ' LITTLE FLOCK: JOHNSON ' GoSHEN:

7 ffile E,lE-Æ A. 3 THE CITY OF FAYËTTËV LLE, Page 7 of 8 ARKANSAS F}RE DEPARfMENT 3û3 West Center Street Fäyettev lle, AR P (475\ 57s-A365 F (4791 s7s-o471 July 19,2012 Northwest Arkansas Fire Chiefs Association Re: Interlocal Cooperation Agreement for Furnishing Services in Benton and Washington Counties This correspondence serves as notice to the member agencies of the Northwest Arkansas Fire Chiefs Association of the intent of the City of Fayetteville to withdraw its participation from the Regional Hazardous Materials Response Team. The effective date of such withdrawal is six months from the giving of this written notice pursuant to Article V of the agreement. In accordance with Article V of the Interlocal Cooperation Agreement for Furnishing Hazardous Materials Incident Response Services in Benton and Washington Counties, we hereby notify all the member agencies of our intention to withdraw in six months time. The Fayetteville Fire Department remains a steadfast member of the Metro Fire Chiefs Association and is committed to mutual and automatic aid throughout the region. In addition, the Fayetteville Fire Department is a participating partner in the Arkansas Association of Fire Chiefs Statewide Mutual Aid Plan. Please do not hesitate to call on us for additional resources if you need them, just as we know we can count on the members of this organization to assist us in our hour of need. Sincerely, David C. Dayringer Fire Chief Fayetteville Fire Department Cc: Mayor Lioneld Jordan Telecommunications Device fo the Deaf TDD (479) West Mountain - Fayetteville, AR727A1

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