Ordinance No. 12,653ORDINANCE NO. 12,653
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL
MUTUAL AID AGREEMENT BETWEEN HARRIS COUNTY AND THE
CITY OF BAYTOWN FOR EMERGENCY RESPONSE AND RELATED
ASSISTANCE ACTIVITIES; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
the Mayor to execute the Interlocal Mutual Aid Agreement between Harris County and the City
of Baytown for emergency response and related assistance activities. A copy of said agreement
is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown. r,
INTRODUCED, READ and PASSED by the affirmative vo# of the City Council of the
City of Baytown this the 25th day of September, 2014.
DONCARLOS, Mayor
ATTE T:
LETICIA BRYSCH, City Jerk
APPROVED AS TO FORM:
AN;�AA�!CIOZAMIREZ, SR., Oy Attorney
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Exhibit "A"
INTERLOCAL MUTUAL AID AGREEMENT BETWEEN HARRIS COUNTY AND
THE CITY OF BAYTOWN
THE STATE OF TEXAS
COUNTY OF HARRIS
THIS INTERLOCAL AGREEMENT (the "Agreement ") is made and entered into by and
between the City of Baytown ( "Entity"), acting by and through its governing body, and Harris
County, Texas, acting by and through its governing body, Harris County Commissioners Court.
This Agreement is made pursuant to chapter 791 of the Texas Government Code (the Interlocal
Cooperation Act) and chapter 418 of the Texas Government Code (the Texas Disaster Act of
1975) to the extent it applies to this Agreement. This Agreement does not apply to "law
enforcement assistance" provided, or "mutual aid law enforcement task forces" created, under
Chapter 362 of the Texas Local Government Code.
RECITALS:
The Parties hereto recognize the vulnerability of the people, communities and schools to
damage, injury, and loss of life and property resulting from natural or man -made catastrophes,
riots, or hostile military or paramilitary action, and other emergencies.
The full and effective utilization of the resources available to Entity and Harris County is
necessary for the prompt and efficient rescue, care, and treatment of persons victimized or
threatened by disaster.
Chapter 791 of the Texas Government Code authorizes interlocal agreements between
local governmental entities such as Entity and Harris County. Chapter 791 authorizes such
entities to contract for emergency assistance, section 791.27; governmental functions and
services, section 791.011, including police protection and detention services; public health and
welfare; planning; administrative functions; and, other governmental functions in which the
contracting entities are mutually interested, section 791.003(3), such as those provided in chapter
418 of the Texas Government Code.
Section 418.107(c) of the Texas Government Code provides that a political subdivision
may render aid to other subdivisions under mutual aid agreements.
The Parties hereto desire to enter into an agreement to provide mutual aid consistent with
the mutual aid and emergency assistance plans approved by their governing body.
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NOW, THEREFORE, Entity and Harris County, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
TERMS:
I.
If Entity is a county or incorporated city, both Entity and Harris County shall each appoint an
Emergency Management Coordinator to take all steps necessary for the implementation of this
Agreement. If Entity is an independent school district, public junior college district, emergency
services district, other special district, joint board, or other entity defined as a political
subdivision under the laws of the State of Texas that maintains the capability to provide mutual
aid, or organized volunteer group as defined in Section 418.004(5) of the Texas Government
Code, Entity's chief, highest ranking officer, or Emergency Management Coordinator, as
applicable, shall take all steps necessary for the implementation of this Agreement.
II.
It shall be the duty of each Party to formulate emergency management plans and programs that
incorporate the use of available resources, including personnel, equipment, buildings, and
supplies necessary to provide mutual aid and emergency assistance. If Entity is a county or
incorporated municipality, Entity shall have an approved Emergency Management Program as
defined by the Texas Division of Emergency Management.
This Agreement shall apply to the dispatch of emergency service responses by either or both
Parties in response to a disaster as that term is defined in section 418.004 of the Texas
Government Code, and in response to actual and imminent incidents that endanger the health,
safety, or welfare of the public and require the use of special equipment, trained personnel, or
personnel in larger number than are locally available in order to reduce, counteract, or remove
the danger caused by the incident. This Agreement includes the provision of materials, supplies,
equipment, and other forms of aid by and between the Parties including the staffing and
equipping of emergency operations, and participation by personnel in exercises, drills, or other
training activities designed to train and prepare for, cope with, respond to, recover from, or
prevent the occurrence of any disaster.
In carrying out emergency management plans and programs, the Parties shall, insofar as possible,
provide and follow uniform standards, practices and rules and regulations, including but not
limited to the following:
• Warnings and signals for exercises or disasters and the mechanical devices to be used
in connection therewith.
• Shutting off water mains, gas mains, and electric power connections, and the
suspension of all other utility services.
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• Selection of all materials, equipment or buildings used or to be used for emergency
management purposes to assure that such materials and equipment will be easily and
freely interchangeable when used by either Party hereto.
• The conduct of civilians and the movement and cessation of movement of pedestrian
and vehicular traffic prior to, during, and subsequent to exercises or disasters.
• The safety of public meetings or gatherings.
As further set forth below, each Party shall coordinate the emergency responses within its scope
of responsibility under this Agreement.
Either Party, when requested to provide mutual aid or emergency assistance, may take such
action as is necessary to provide and make available the resources covered by this Agreement in
accordance with the terms hereof, provided however, the Party rendering aid (the "Responding
Party") to the Party receiving assistance (the "Requesting Party") may withhold resources to the
extent necessary to provide other necessary governmental functions for itself.
When a request for emergency assistance is received, law enforcement, fire, emergency response
personnel, and other resources shall be subject to the command and control of their respective
agencies. However, the respective agencies shall coordinate their emergency responses and
resources through the emergency management authorities of the Requesting Party. Any request
for aid shall specify the amount and type of resources requested. However, the Responding
Party shall determine the specific resources furnished. The personnel and resources deployed by
the Responding Party shall report to the officer in charge of the incident and report through the
incident chain of command. The Responding Party shall be released by the Requesting Party
when the reserves of the Responding Party are no longer required or when the resources are
needed within the Responding Party's normal emergency service area.
If Entity is a county with an Emergency Management Coordinator, each request for mutual aid
assistance shall be made through the Emergency Management Coordinator of the Requesting
Party to the Emergency Management Coordinator of the Responding Party.
If Entity is an incorporated municipality without an Emergency Management Coordinator,
independent school district, public junior college district, emergency services district, other
special district, joint board, or other entity defined as a political subdivision under the laws of the
State of Texas that maintains the capability to provide mutual aid, or organized volunteer group
as defined in Section 418.004(5) of the Texas Government Code, Entity's requests for mutual aid
assistance shall be made through Entity's chief or highest ranking officer to Harris County's
Emergency Management Coordinator, Sheriff, Fire Marshal, Public Health Director, or an
elected Constable. Harris County's requests for mutual aid assistance shall be made through its
Emergency Management Coordinator, Sheriff, Fire Marshal, Public Health Director, or an
elected Constable to Entity's chief or highest ranking officer.
In the event of rapidly developing emergencies occurring within the jurisdiction of the
Requesting Party and near the Responding Party's boundary, the Responding Party's law
enforcement and /or emergency responders will respond as they are able, without the prior
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request of the Requesting Party, as provided by applicable law. The Responding Party's
emergency response units will establish control of the scene. The Responding Party and staff
representing other governmental entities requested to provide mutual assistance will provide
assistance and resources as available in accordance with the existing emergency management
plans and programs. The Responding Party's resources will remain on the scene as needed. In
such event this Agreement shall be in effect.
When mutual aid assistance will be provided for more than 12 consecutive hours, the Requesting
Party shall, prior to the expiration of the twelfth (120') hour, confirm in writing to the
Responding Party that the Requesting Party desires continued mutual aid assistance from the
Responding Party. Notwithstanding the above, if, due to the nature of the emergency, disaster,
or other condition requiring mutual aid, the Requesting Party cannot confirm its request for
continued mutual aid assistance before the expiration of the twelfth (121') hour, the written
request must be sent as soon as practicable, but in all cases, within ninety (90) days of the verbal
request.
III.
Nothing in this Agreement shall be construed as making either Party responsible for the payment
of compensation and /or any benefits including, but not limited to, health, workers'
compensation, disability, death, and /or dismemberment insurance for the other Party's
employees, contractors, vendors, or other workers. Nothing in this Agreement shall be construed
as making either Party responsible for the payment of property, motor vehicle, or other
insurance, on the other party's equipment, buildings, supplies, or other property or assets.
IV.
Notwithstanding Section III of this Agreement, if a Party hereto requests mutual aid assistance
that requires a response that exceeds twelve (12) consecutive hours, the Requesting Party shall
reimburse the Responding Party its actual cost for providing mutual aid assistance to the
Requesting Party after the first twelve (12) hours, including costs for personnel, operation and
maintenance of equipment, damaged equipment, food, lodging, and transportation, provided that,
in no event shall the cost for a service or item be greater than the rate, as such rates are amended
from time to time, set by the Federal Emergency Management Agency (FEMA) for the
substantially same service or item. FEMA rates are available at littp://www.fema.gov/schedule-
equipment -rates The Parties mutually agree that a Responding Party shall not be entitled to and
will not seek reimbursement from a Requesting Party for either: (a) assistance provided that does
not exceed twelve (12) consecutive hours or (b) for assistance provided during the initial twelve
(12) hours of the response.
Each Party hereto agrees to comply with such statutory and constitutional provisions, or other
contracts, rules, regulations, ordinances, guidelines, procedures, or conventions, as apply to it
with regard to the appropriation of funds for the payment of contractual obligations. Each Party
hereto understands and acknowledges, that funds for the payment of Harris County's obligations
inuring under or out of this Agreement, irrespective of the nature thereof, are available to the
extent such funds are appropriated by Order of Harris County Commissioners Court, and
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certified as provided by law, by the Harris County Auditor, as available from current funds set
aside in the annual budget in which the expenditures are incurred before expenditure of such
funds. It shall be the responsibility of each Responding Party to assure itself that sufficient funds
have been allocated to pay for the services provided. In the event Harris County fails to
appropriate sufficient funds to perform its obligations arising out of or in relation to this
Agreement, Entity acknowledges and agrees that its sole and exclusive remedy is to terminate
participation in this Agreement.
The Responding Party is responsible for the work it performs under this Agreement. No later
than the 90`h day after services are performed under this Agreement, the Responding Party shall
submit an invoice to the Requesting Party. Supporting documentation as mutually agreed upon
will be supplied. The Responding Party shall maintain auditable records verifying each service
or item and the dates provided. The Responding Party shall warrant that all billing data
submitted is complete and truthful. The Requesting Party will review each invoice and statement
and modify it as necessary and appropriate and, thereafter, forward the same to the appropriate
official, in the case of Harris County to the Harris County Auditor, for payment. Requesting
Party reserves the right to withhold payment of any questionable charges or expenses, including,
but not limited to, any charges in excess of the rate set by FEMA for the substantially same
service or item. Should the Requesting Party determine that any payment has been made to a
Responding Party in excess or in error for any reason whatsoever, Requesting Party may recoup
from the Responding Party the amount made in excess or in error. Within ninety (90) days of
receipt of a request for repayment of an amount made in excess or in error, the overpaid Party
shall return the amount paid in excess or in error.
V.
Neither Party to this Agreement waives or relinquishes any immunity or defense on behalf of
itself, its officers, employees, agents, and volunteers as a result of its execution of this
Agreement and the performance of the covenants contained herein. Furthermore, neither the
terms of Section III and Section IV, nor any other provision in this Agreement, shall prohibit
either Party from seeking financial aid or in -kind reimbursement from any state or federal agency
or program.
Pursuant to section 421.062 of the Texas Government Code, the Responding Party is not
responsible for any civil liability that arises from any act or omission made within the course and
scope of its functions to provide a service under this Agreement that is related to a homeland
security activity. The Parties understand and agree that the Requesting Party does not assume
civil liability under any theory of law for the actions of the Responding Party in providing
services hereunder.
If the equipment is damaged or destroyed, the owner —may seek recovery through insurance
acquired by the owner, reimbursement as set forth in Section IV, or through any other resources
available to the owner.
VI.
This Agreement shall terminate on the last day of February of each year and shall automatically
renew for a one -year term, subject to continued funding and certification of funds as referenced
in Section IV, unless the governing body of either Party gives notice received no later than the
preceding December 1 of its desire to terminate the agreement. Unless notice of termination is
received by December 1, the agreement shall continue in force and remain binding subject to
funding and certification as referenced in Section IV. Notwithstanding the above, the
Emergency Management Coordinator of Harris County may suspend the operation of this
agreement at any time during a term upon notice to the other party.
VII.
Except as otherwise provided in this Agreement, any notice required to be given under this
Agreement shall be in writing and shall be duly served when it is deposited, enclosed in a
wrapper with the proper postage affixed and duly certified, return- receipt requested, in a United
States post office, addressed to a Party at the following addresses.
To Harris County: Harris County Commissioners Court
1001 Preston, Suite 911
Houston, Texas 77002
Attention: Harris County Judge
With a copy to:
Harris County Office of Homeland Security & Emergency
Management
6922 Old Katy Road
Houston, Texas 77024
Attention: Emergency Management Coordinator
To Entity: City of Baytown
P.O. Box 424
Baytown, Tx 77522
Attention: Mayor of Baytown
With a copy to: Baytown Office of Emergency Management
City of Baytown
205 East Wye Dr.
Baytown, Texas 77521
Attention: Emergency Management Coordinator
Either Party may designate a different address by giving the other Party ten days' written notice.
VIII.
The Parties shall observe and comply with all applicable federal, Texas, and local laws, rules,
ordinances, and regulations affecting the conduct of services provided and the performance of
obligations undertaken by this Agreement. In case any one or more provisions contained in this
Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
IX.
The presiding officer of the governing body of each Party to this Agreement shall notify the
Harris County Office of Homeland Security and Emergency Management (the "Office ") of the
manner in which the Party is providing or securing an emergency management program, identify
the person who heads the agency responsible for the program, and furnish additional pertinent
information that the Office requires. The person so designated shall accomplish training
prescribed by the Office where applicable.
X.
This Agreement should be construed in a manner consistent with the Texas Disaster Act of 1975,
chapter 418 of the Texas Government Code, and the Texas Interlocal Cooperation Act, chapter
791 of the Texas Government Code, as they may hereafter be amended. As used in this
Agreement, the term "disaster" has the meaning given it in section 418.004 of the Texas
Government Code.
XI.
Mandatory and exclusive venue of any dispute between the Parties to this Agreement shall be in
Harris County, Texas.
XII.
This Agreement is not intended to be an exclusive agreement, and each Party may enter into
other similar agreements.
XI1I.
This Agreement replaces and terminates any previous existing mutual aid agreement for like
services entered into by the same Parties.
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IN WITNESS WHEREOF, this instrument has been executed on behalf of Harris County by a
duly authorized representative of Harris County, and on behalf of the City of Baytown by an
authorized representative of the City of Baytown.
HARRIS COUNTY
ED EMMETT
COUNTY JUDGE
Date Signed:
APPROVED AS TO FORM
VINCE RYAN
Harris County Attorney
Assistant County Attorney
BAYTOWN
STEPHEN DONCARLOS
MAYOR OF CITY OF BAYTOWN
Date Signed:
APPROVED AS TO FORM
IGNACIO RAMIREZ
Baytown City Attorney
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