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HomeMy WebLinkAbout2012-04 Approving Hazardous Materials Response Foam MOU with Eagle County Fire DepartmentRESOLUTION NO.4 Series of 2012 A RESOLUTION APPROVING THE HAZARDOUS MATERIALS RESPONSE FOAM MEMORANDUM OF UNDERSTANDING BETWEEN EAGLE COUNTY FIRE DEPARTMENT MEMBERS; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected and qualified; WHEREAS, the Regional Hazardous Materials Association of Eagle County (the "RHMAEC ") was formed in 2002 by the Town, the Eagle River Fire Protection District, the Greater Eagle Fire Protection District, and the Gypsum Fire Protection District (collectively the "Fire Department Members "); WHEREAS, the Fire Department Members have concluded that there is a need to have a reliable supply of Class B foam ( "Foam ") capable of suppressing hydrocarbon and alcohol fires available for use by the Fire Department Members when responding to hazardous materials incidents; and WHEREAS, this Memorandum of Understanding ( "MOU ") will serve a public purpose and will promote the health, safety and general welfare of the inhabitants and visitors of the Town and its surrounding environs. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the MOU and authorizes the Town Manager to enter into the MOU on behalf of the Town in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 3 day of January, 2012. And 'w P. Daly i 9 7 7 � N 00 00 0 0 rele' onaldson, Town Clerk ' �O Resolution No. 4, 2012 HAZARDOUS MATERIALS RESPONSE FOAM MEMORANDUM OF UNDERSTANDING This Hazardous Materials Response Foam Memorandum of Understanding ( "MOU") is executed as of the p29 day of 2011, by and among REGIONAL HAZARDOUS MATERIALS A SOCIATION OF EAGLE COUNTY, a political subdivision of the State of Colorado OTHMAEC "), the TOWN OF VAIL, a municipal corporation and political subdivision of the State of Colorado, EAGLE RIVER FIRE PROTECTION DISTRICT, GREATER EAGLE FIRE PROTECTION DISTRICT, and GYPSUM FIRE PROTECTION DISTRICT, which fire protection districts are quasi - municipal corporations and political subdivisions of the State of Colorado, All of the aforementioned parties except RHMAEC are referred to herein individually as a "Fire Department Member" and collectively as, "the Fire Department Members." RECITALS A. WHEREAS, RHMAEC was formed by the Fire Department Members and other entities as a separate governmental entity by that certain Intergovernmental Agreement dated October 21, 2002 ("Creation IGA'J for the purpose of conducting joint hazardous materials activities including, without limitation, planning, information management, initial response, equipment procurement and sharing, personnel procurement and training, and reimbursement and financial management, by and among all RHMAEC Members; and B. WHEREAS, RHMAEC and the Fire Department Members have determined that there is a need to have a reliable supply of Class B foam capable of suppressing hydrocarbon and alcohol fires ( "Foam ") located throughout Eagle County for the Fire Department Members' use when responding to hazardous materials incidents; and C. WHEREAS, pursuant to Section 29 -1 -203, C.R.S., RHMAEC and the Fire Department Members desire to establish an MOU to provide for such Foam; and D. WHEREAS, establishment of a reliable supply of Foam throughout Eagle County will serve a public purpose and will promote the health, safety, security and general welfare of the inhabitants and visitors of Eagle County and the State of Colorado. NOW THEREFORE, in consideration of the above recitals, the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, RHMAEC and the Fire Department Members agree as follows: {002331321=/ 3} UNDERSTANDING RHMAEC's Obligations RHMAEC shall be obligated to: (a) Purchase and deliver one hundred (100) gallons of Foam to each Fire Department Member for use in hazardous materials response incidents at RHMAEC's sole cost and expense; and (b) Establish a contract with a Foam Vender to supply replacement foam at R [MAEC's cost upon notification by a Fire Department Member that it has utilized all or a portion of its one hundred (100) gallon stock on a hazardous materials response; and (c) Replace any amount of Foam that is used by a Fire Department Member, so that each Fire Department Member maintains a supply of one hundred (100) gallons of Foam, at RHMAEC's sole cost and expense, as provided in Paragraph 2(b); and (d) Include within the response billing sent to responsible parties of any hazardous materials incident on which the Foam is used, the costs of the Foam; and (e) Inform Fire Department Members of changes in the vendor, manufacture and/or type of Foam being purchase, for the purpose of maintaining interoperability. 2. The Fire Department Members' Obligations Each Fire Department Member shall be obligated to: (a) Store the Foam according to the manufacturer's guidelines in its original factory packaging, i.e. foam buckets, drums or cubes. It is not acceptable to store any portion of the Foam stockpile within an apparatus mounted storage tank; and (b) Make the Foam readily available to RHMAEC and any other Fire Department Member for response to hazardous materials incidents; and (c) Within three (3) days of using any amount of Foam, submit written notification to RHMAEC with a description of the incident and the amount of Foam that is needed to replenish the Fire Department Member's supply; and (d) Comply with the established cost recovery guidelines identified in the most current RHMAEC bylaws; and (00233132.DOC / 3) 2 (e) To replace at its own cost all or a portion of its one hundred (100) gallon Foam stockpile used for purposes other than response to a hazardous materials incident; and (f) Standardize foam purchasing by type and manufacturer for the purposes of interoperability. Each Fire Department Member shall confirm with RHMAEC the current vendor, manufacturer and type of Foam before making purchases. 3. Term and Termination The term of this MOU shall be through the end of the year in which it is entered, and this MOU shall be automatically renewed for additional one (1) year terns in perpetuity; provided, however, that in the event any Fire Department Member fails to make an annual appropriation of funds necessary for it to perform its obligations hereunder, such Fire Department Member may terminate its participation in this MOU upon prompt notice to the other parties hereto with such termination to be effective as of the last day of the then - current year. This MOU shall automatically terminate if RHMAEC is dissolved or provides notice of termination for failure to appropriate funds necessary to perform its obligations. Any party hereto may terminate its participation in this MOU upon thirty (30) days written notice to the other parties for any reason or no reason. In the event that a Fire Department Member delivers written notice to withdraw from RHMAEC, pursuant to Paragraph 16 of the Creation IGA, such notice shall serve as a formal amendment to this MOU and negate the need for further amendment. 4. No_ tices Any formal notice, demand or request pursuant to this MOU shall be in writing and shall be deemed properly served, given or made, if delivered in person or sent by certified mail postage prepaid to the parties at the following addresses, or to such other addresses as may hereinafter be furnished in writing: RHMAEC Attn: President P.O. Box 850 Eagle, CO 81631 Town of Vail Attn: Fire Chief 75 South Frontage Road Vail, CO 81657 Greater Eagle Fire Protection District Attn: Fire Chief P.O. Box 961 Eagle, CO 81631 Eagle River Fire Protection District Attn: Fire Chief P.O. Box 7980 Avon, CO 81620 (00233132DOC / 3) Gypsum Fire Protection District Attn: Fire Chief P.O. Box 243 Gypsum, CO 81637 5. Amendments Except as provided in Paragraph 3, this MOU may be amended only by written document signed by the parties hereto. 6. Severabilily In the event that any of terms, covenants or conditions of this MOU or their application shall be held invalid as to any person, entity or circumstance by any court having competent jurisdiction, the remainder of this MOU and the application in effect of its terms, covenants or conditions to such persons, entities or circumstances shall not be effected thereby. 7. Waiver The waiver by either party of any breach by the other of any term, covenant or condition contained in this MOU shall not be deemed to be a waiver of any subsequent breach of the same or other term, covenant, or condition. 8. Entire MOU. This MOU embodies the complete agreement between the parties hereto regarding the subject matter herein and supersedes all prior agreements and understandings, if any. 9. Section Headings The section headings in this MOU are inserted for convenience and are not intended to indicate completely or accurately the contents of the Sections they introduce, and shall have no bearing on the construction of the Sections they introduce. 10. No Third Party Beneficiaries The parties to this MOU do not intend to benefit any person not a party to this MOU. No person or entity, other than the parties to his MOU, shall have any right, legal or equitable, to enforce any provision of this MOU. 11. Duly Authorized SigLiatories By execution of this MOU, the undersigned each individually represent that he or she is duly authorized to execute and deliver this MOU and that the subject party shall be bound by the signatory's execution of this MOU. 12. Duplicate Original This MOU may be executed in two or more counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. EXECUTED as of the date first written above. (002331321=13) 4 Attest: Attest: Attest: REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY, a political subdivision of the State of Colorado By: Br on esident TOWN OF V political;ut d: a municipal corporation and EAGLE RIVER FIRE PROTECTION DISTRICT, a quasi - municipal corporation and political su ivision of the State of Colorado By GREATER EAGLE FIRE PROTECTION DISTRICT, a quasi - municipal corporation and political subdivision of the State of Colorado (00233132DOC / 3 ) Attest: Attest: (00233132.DOC / 3 )