HomeMy WebLinkAbout08-30-1993 SLO County Regional Hazardous MaterialsA- 78- 93-CC
SAN LUIS OBISPO COUNTY
REGIONAL HAZARDOUS MATERIALS
COOPERATIVE AGREEMENT
WHEREAS, each of the following public agencies, City of Arroyo Grande, City of
Atascadero, City of Grover Beach, City of Morro Bay, City of Paso Robles, City of
Pismo Beach, City of San Luis Obispo, County of San Luis Obispo, Fire Protection
District of South Bay, Special Service Districts of Avila Beach, Cambria, Cayucos,
Oceano, San Miguel, Santa Margarita, and Templeton, California Department of
Corrections (California Men's Colony State Prison), California Department of Forestry
and Fire Protection, California Health and Welfare Agency (Department of Mental
Health, Atascadero'State'Hospital), California Military Department (California Army
National Guard, Camp Roberts), and California State University (California Polytechnic
State University San Luis Obispo), (hereinafter "Public Agencies "), is at risk of a
hazardous materials release or incident from the threatened release of hazardous
material which is transported along the major highways, railroads, and petroleum
pipelines in the County or is stored within the County for local use; and
WHEREAS, many of the Public Agencies participate in the San Luis Obispo
County Fire Services Mutual Aid Operation Plan of October, 1984, and such plan
provides for mutual aid response to hazardous materials emergencies; and
WHEREAS, each of the Public Agencies provides the necessary public funds
for the protection of life and property against the releases or incidents involving
hazardous materials; and
WHEREAS, the creation of a specialized team of personnel to respond to
hazardous material emergencies or potential emergencies in the County of San Luis
Obispo would provide the most effective use of the combined local resources and
would benefit each of the Public Agencies; and
WHEREAS, consistent with Government Code section 6502.7, each of the
Public Agencies has authority to respond to hazardous materials emergencies and to
operate and maintain equipment for hazardous materials response; and
WHEREAS, the Public Agencies are authorized to contract with each other for
the joint exercise of any common power pursuant to Article l Chapter 5, Division 7, of
Title 1 of the Government Code of the State of California;
NOW THEREFORE, THIS JOINT POWERS AGREEMENT is entered into, by and
between those Public Agencies that have executed this Agreement by December 31,
1993, and in consideration of the mutual covenants and agreements contained herein,
the Parties hereto agree as follows:
1. PURPOSE OF AGREEMENT COMMON POWER TO BE EXERCISED: As a
supplement to the San Luis Obispo County Fire Services Mutual Aid Operation Plan of
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October, 1984, the Parties enter this Agreement for the purpose of providing for the
creation and establishment of a Regional Hazardous Materials Response Team
(hereinafter 'Team "). The Team shall carry out the abatement and emergency control
of hazardous conditions and stabilize the same, until these conditions can be turned
over to the appropriate authority, for further disposal.
2. NO ENTITY SEPARATE AND APART FROM THE PARTY. ENTITIES: The Parties
agree that the purpose of this Agreement may be accomplished without creating an
entity separate and apart from the Parties; therefore the Parties expressly decline to
create an entity separate and apart from the Parties to this Agreement.
3. MEMBERSHIP OF BOARD OF DIRECTORS: A Regional Hazardous Materials
Response Team Board of Directors (hereinafter "Board ") shall be established to
oversee the operation of the Team, establish Team policies and procedures in
accordance with the Purpose of this Agreement, and manage the Team's finances and
property utilized by the Team. The Board shall consist of six voting members selected
by the following procedure:
A. There shall be three standing members on the Board: (1) the Fire
Chief of the City of San Luis Obispo, (2) the Fire Chief of San Luis
Obispo County, and (3) a representative of the County's
Environmental Health Department.
B. There shall be one member representing each of the following
three geographic areas: (1) North County, which includes San
Miguel, Paso Robles, Templeton, Atascadero, Santa Margarita,
Atascadero State Hospital and Camp Roberts; (2) South County,
which includes Arroyo Grande, Pismo Beach, Grover Beach, Avila
Beach, and Oceano; (3) Coastal, which includes Morro Bay,
Cambria, South Bay, Cayucos, California Men's Colony, and Cal
Poly. Each of these members shall be a Fire Chief elected by the
Fire Chiefs of the communities that are represented by that area.
Each appointee shall serve a term of two years. He or she may
be re- elected for an unlimited number of terms.
4. BOARD MEETINGS: The Board shall establish the time and place for its
meetings and shall hold at least one annual meeting. A special meeting may be called
by the Chairperson, or upon demand of two- thirds of the six members of the Board,
by noticing each Board member at least 48 hours before the time of such meeting.
The notice shall specify the time and place of the meeting and the business to be
transacted. All meetings of the Board shall be open to the public, except for those
sessions ,Which may by law be closed. The Board shall cause its Secretary/Treasurer
to maintain minutes of open meetings, which shall be public documents available for
inspection at the County of San Luis Obispo Office of Emergency Services at all times
during regular business hours of San Luis Obispo County. No compensation shall be
received by any member of the Board for his or her services. No business shall be
transacted without the presence of a quorum of the Board. A quorum shall consist of
four or more Board members. A majority vote of the quorum shall be required to
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transact business. At the first Board meeting, the Board shall adopt rules for the
orderly transaction of business.
5. BOARD OFFICERS AND EMPLOYEES: The Board shall elect officers, by
majority vote, to serve as Chairperson and Vice Chairperson. The Secretary/Treasurer
shall be a non - voting member of the Board and shall be a member of the County of
San Luis Obispo Office of Emergency Services.
6. FINANCING: Use of the equipment, materials, and facilities of the Parties shall
be in accordance with rules and regulations approved by the Board. The Board shall
prepare an annual fiscal year budget for the needs of the Team. Each Parry shall
provide a equal share of the budget amount which excludes any amounts contributed
toward the total budget amount by grants, donations, or other sources. The
Secretary/Treasurer shall bill each of the Parties annually or at more convenient
intervals determined by the Secretary/Treasurer. All funds shall be deposited into a
separate account to be maintained as the Regional Hazardous Materials Response
Team Account (hereinafter "Account'). The Board shall have access to the Account
upon signature of any two Board members. In the event any Parry fails to contribute
its equal share of the budget, as determined by the Secretary/Treasurer, such Party
may be terminated from participation on or assistance by the Team by a majority vote
of the Board.
A. Any excess in federal, state, or local funds in the Account at
the end of any fiscal year-shaii be-transferred -to the-next
fiscal year's budget.
B. During the first year, a fund shall be established by the
Board and funded by each of the Parties contributing an
amount to the Account not to exceed $1,000.00 each.
C. During each successive budget year, the fund shall be
maintained at no more than $20,000.00 and no less than
$15,000, through agencies contributions not to exceed
$1,000 each per year. Upon majority approval of the
Board, the fund may be expended for the purchase of
equipment, unanticipated training needs, equipment repair,
and other unanticipated expenses determined necessary by
the Board.
D. Funds shall not be budgeted for or disbursed from the
Account in a manner which creates a deficit at any time.
7. TERMINATION OF AGREEMENT: This Agreement shall remain in full force and
effect untiVsuch time -as a- majority of the Board shall vote to terminate this Agreement
and each of such majority Board member's Public Agency ratifies his or her vote.
Each Party may individually terminate its involvement in this Agreement, and thereby
withdraw from participation on or assistance by the Team, by providing 90 days
written notice of termination to any one of the members of the Board. Parties
individually terminating involvement in this Agreement shall not be entitled to any
refund of funds previously paid to the Account. In the event this Agreement is
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terminated by a majority vote of the Board ratified by the majority's Public Agencies,
the following shall occur: (1) all equipment and /or material donated by any agency for
use by the Team shall be returned to the agency without compensation'for either
ordinary wear and tear or replacement, (2) all property utilized exclusively by the Team
shall be sold at'fair market value and the funds received shall be deposited in the
Account, (3) the Secretary/Treasurer shall pay any outstanding accounts, invoices,
and Board - approved claims from the Account, (4) any grant monies which have not
been expended shall be returned to the grantor, and (5) finally, the Account shall be
disbursed equally to those Public Agencies which participated in this Agreement at the
time of the Board's majority vote for termination.
8. REPORTS: The Secretary/Treasurer shall maintain the financial records of the
Team in an accurate and organized manner at all times and shall reconcile the
Account on a monthly basis. The Secretary/Treasurer shall prepare, or cause to be
prepared, an annual fiscal year report which shall include the yearly budget, the
amount, date, and source of all receipts, the amount, date, recipient, and purpose of
all disbursements, the Account balance at the beginning of the fiscal year, the Account
balance at the end of the fiscal year, and an inventory of all equipment and material
owned by the Team. A copy of the annual report shall be distributed to each Party
within thirty days of the end of the fiscal year. The Secretary/Treasurer shall furnish
such other reports and data as may from time to time be requested by the Board. All
financial records shall be available for inspection by an authorized representative of
each Party upon written request and by arrangement with the Secretary/Treasurer or
other members of the Board.
9. TEAM SUPPORT AND PARTICIPATION: Each of the Parties agree to support
the Team in the following areas:
A. TRAINING: The Parties shall provide persons to attend
various levels of training including the initial start-up of the
Team and continuing education requirements consistent
with Government Code section 8574.19 et seq. and other
applicable laws, regulations, and Team standards set forth
for operations. Each Party shall host and support training
activities.
B. STAFFING: The Parties shall provide persons to participate
as members of the Team for response to calls or to
support the Team's response.
C. INSURANCE: Each of the Parties shall provide Worker's
Compensation for its fire persons while such persons are
involved with the Team. Government Cole sections 50925
et seq. (Extraterritorial Activities of Firemen) and other
applicable Worker's Compensation, liability, and /or benefits
laws are incorporated into this Agreement by reference.
D. EQUIPMENT: Each Party shall support the Team with
resources whenever possible and with regard to other
Team Members be responsible for any damage or loss to
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such Party's resources which occurs while being used
pursuant to this Agreement.
E. MEDICAL EXAMINATIONS: Medical examinations for each
Party's Team members shall be provided by that Public
Agency. The Parties will work cooperatively to secure the
most cost - effective approach to medical examinations.
F. COMPENSATION: The Parties agree that no compensation
for support and membership on the Team is required;
however, reimbursement for all Team services is a high
priority, e.g. reimbursement from persons or entities
responsible for hazardous materials spills. The Team will
actively pursue grants and donations to reduce financial
dependence on the participating Public Agencies.
10. NON - PARTICIPATION: Any Public Agency named in the first "WHEREAS"
clause of this Agreement that chooses not to sign the Agreement can avail itself of the
Team's services; however, that Public Agency must pay all costs of such Team
services as "Assistance for Hire" at the rates determined by the Board.
11. COUNTERPARTS: This Agreement may be signed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and
the same Agreement.
12. EXECUTION: Each Public Agency that signs this Agreement shall promptly
notify the County of San Luis Obispo Office of Emergency Services and shall
simultaneously forward to such office an executed copy of its Counterpart Signature
Page of this Agreement by hand - delivery to such office. Because final execution of
this Agreement is a condition of grant funding of equipment for the Team's use, every
Public Agency desiring to participate in this Agreement must submit its executed copy
of its Counterpart Signature Page to the County of San Luis Obispo Office of
Emergency Services by December 31, 1993.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed by their respective authorized officers. This Agreement is deemed to be
signed and executed as of the last date a Public Agency executed this Agreement
which is the. - day of , 1993.
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By:
C ief putt' County Counsel
Dated:
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ATTEST:
COUNTERPART SIGNATURE PAGE
SAN LUIS OBISPO COUNTY
REGIONAL HAZARDOUS MATERIALS
COOPERATIVE AGREEMENT
By GrG-
F,i Cleric Di one R.adwell
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CITY OF SAN LUIS OBISPO
By:
Mayor ity of San Luis Obispo
Peg Pinard
Date: /D-� /3-93