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Ordinance No. 4,644L J 11 ORDINANCE NO. 4644 AN ORDINANCE AUTHORIZING AND DIRECTING EXECUTE AND THE CITY CLERK TO ATTEST AGREEMENTS WITH THE CITIES OF LA PORTE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 70212 -5 THE MAYOR TO TO MUTUAL AID HOUSTON; AND BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That the City Council of the City of Baytown, Texas, hereby approves mutual aid agreements with the cities of La Porte and Houston; and authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest to said agreements. Copies of said agreements are attached hereto, marked Exhibits "A," and_. "B" and made a part hereof 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. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 12th day of February, 1987. ATTEST: EILEEN'P. HALL, 6ity Clerk RANDALL B. STRdIff, Cit torney C:1:1:12 n u C7 EXHIBIT "A" 70212 -5a • MUTUAL AID AGREEMENT BETWEEN THE CITY OF LA PORTE , TEXAS AND THE CITY OF BAYTOWN, TEXAS The Contracting parties solemnly agree : SECTION 1 . PURPOSE The purpose of this agreement is to provide mutual aid for the City of La Porte and the City of Baytown , in meeting any emergency or disaster from enemy attack or other cause, natural or otherwise . This agreement is made pursuant to the Interlocal Cooperation Act, Texas Revised Civil Statutes Article 4413 (32c) , and Texas Revised Civil Statutes , Article 6889-7 , commonly referred to as the Disaster Act of 1975 . This agreement recognizes that the prompt, full and effective utilization of the resources of the respective cities is essential to the safety , care and welfare of the people thereof in the event of a major emergency or disaster. The Coordinators of Emergency Management of both party cities shall constitute a committee to formulate plans and take all necessary steps of the implementation of this agreement. Such planning shall incorporate the use of resources, including personnel , equipment, and supplies necessary to provide mutual aid . SECTION 2. RESPONSIBILITIES It shall be the duty of each party city to formulate emergency management plans and programs for application within such city or county . There shall be frequent consultation between the representatives of the cities and the free exchange of information and services . In carrying •w. • out such emergency management plans and programs , the party cities shall , so far as possible, provide and follow uniform standards , practices and rules and regulations including: (a ) Warnings and signals for exercises or disasters and the mechanical devises to be used in connection therewith; (b) Shutting off water mains , gas mains , electric power connections and the suspension of all other utility services ; (c ) Selection of all materials or equipment used or to be used for emergency management purposes to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party city . (d ) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic , prior, during and subsequent to exercises or disasters ; (e) The safety of public meetings or gatherings. Each jurisdiction is responsible for the coordination of all emergencies occurring within its city limits . Either party city requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this agreement in accordance with the terms hereof; provided that it is understood that the city rendering aid may withhold resources to the extent necessary to provide reasonable protection for such city. Each party city while operating within the receiving city limits under the terms and conditions of this agreement, shall have the same powers, duties , rights , privileges and immunities as if they were performing their duties in the city in which they are normally employed or rendering services . Emergency management forces will continue under the command and control f • • management forces of that city and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this agreement , in the same manner and on the same terms as if the injury or death were sustained within such city. SECTION 6 . FINANCE Either party city rendering aid in the other city pursuant to this agreement shall be reimbursed by the party city receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid , and for the cost incurred in connection with such requests ; provided , that the aiding party city may assume in whole or in part such loss damage expense, or other costs . Straight-time salaries and wages are to be paid by the sending city while overtime is to be paid by the receiving city . As much as possible , notice is to be given to the receiving city prior to incurring overtime. SECTION 7. SEVERABILITY This agreement shall continue in force and remain binding on each party city and county until the City Council of such party city takes action to withdraw therefrom. Such action shall not be effective until 90 days after notice thereof has been sent by the Emergency Management Director of the party city desiring to withdraw to the Emergency Management Director of the other party city. This agreement shall be construed to effectuate the purpose stated in Section 1 , hereof. If any provision of this agreement is declared unconstitutional , or the applicability thereof to any persons or circumstances us held invalid , the constitutionality of the remainder of the agreement and the of their regular leaders , but the organizational units will come under the operational control of the emergency management authorities of the city receiving assistance . The commanding officer of party city , rendering aid shall have the right to withdraw men and equipment from an unsafe situation or incident as they deem necessary. Authorities and other benefits of this contract shall only be in effect after official requests have been made. SECTION 3. LIABILITY Neither party city nor its officers nor employees rendering aid in another city pursuant to this agreement shall be liable on account of any act or omission in good faith on the part of such forces while so engaged , or on account of the maintenance or use of any equipment or supplies in connection therewith. SECTION 4. PROCEDURES Requests for aid are to be made through the Emergency Management Office of the requesting city , after approval by the Chief Executive . The request is to be made through the Emergency Operating Center (EOC) of the sending city, if it is in operation, otherwise through the police department. During any emergency both cities shall keep the other informed , with frequent up-dates, on details of situations that affect the other. The Texas Department of Public Safety, Houston Office , is to be notified immediately whenever mutual aid is invoked . SECTION 5. COMPENSATION Each party city shall provide for the payment of compensation and death benefits to injured members of the emergency applicability thereof to other persons and circumstances shall not be affected thereby . SECTION 8. APPLICABILITY This agreement shall become operative immediately upon its approval by both cities . Duly authenticated copies of this agreement and of such supplementary agreements as may be entered into shall , at the time of their approval , be deposited with each of the party cities and with the Division of Emergency Management and other appropriate agencies of the State of Texas . This agreement shall become binding and obligatory when it shall have been signed by the Mayor of the respective cities enumerated in this agreement ; when it shall have been approved by the City Council of each city . M yor May r City of La Porte , Texas City of Baytown , Texas Date /S -/4 Date 7 - F 7 ATTEST : ATTEST: MAL 1441 CITY SECRETARY CITY SECRETARY a e:: * - MUTUAL AID ACJREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS AND THE CITY OF HOUSTON, TEXAS The contracting parties solemnly agree: SECTION 1. PURPOSE The purpose of this agreement is to provide mutual aid for the City of Baytown and the City of Houston, in meeting any emergency or disaster from enemy attack or other cause, natural or otherwise. This agreement is made pursuant to the Interlocal Cooperation Act, Texas Revised Civil Statutes, Article 4413 (32c) , and Texas Revised Civil Statutes, Article 6889-7, commonly referred to as the Disaster Act of 1975. This agreement recognizes that the prompt, full and effective utilization of the resources of the respective cities is essential to the safety, care and welfare of the people thereof in the event of a major emergency or disaster. The Coordinators of Emergency Management of both party cities shall constitute a committee to formulate plans and take all necessary steps for the implementation of this agreement. Such planning shall incorporate the use of resources, including personnel, equipment, and supplies necessary to provide mutual aid. SECTION 2. RESPONSIBILITIES It shall be the duty of each party city to formulate emergency management plans and programs for application within such city or county. There shall be frequent consultation between the representatives of the cities and the free exchange of information and services. In carrying out such emergency management plans and programs, the party cities shall, so far as possible, provide and follow uniform standards, practices and rules and regulations including: (a) Warnings and signals for exercises or disasters and the mechanical devices to be used in connection therewith; (b) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services; Cc) Selection of all materials or equipment used or to be used for emergency management purposes to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party city. (d) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to exercises or disasters; ce> The safety of public meetings or gatherings. Each jurisdiction is responsible for the coordination of all emergencies occurring wihin its city limits. Either party city requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this agreement in accordance with the terms hereof; provided that it is understood that the city rendering aid may withhold resources to the extent necessary to provide reasonable protection for such city. Each party city while operating within the receiving city limits under the terms and conditions of this agreement, shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties in the city in which they are normally employed or rendering services. Emergency management forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency management authorities of the city receiving assistance. 1. Authorities and and other benefits of this contract shall only be in effect after official requests have been made. SECTION 3. LIABILITY Neither party city nor its officers nor employees rendering aid in another city pursuant to this agreement shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith. SECTION 4. Procedures Requests for aid are to be made through the Emergency Management Office of the requesting city, after approval by the Chief Executive.The request is to be made through the Emergency Operating Center (HOC) of the sending city, if it is in operation, otherwise through the police dept. During any emergency both cities sahall keep the other informed, with frequent up-dates, on details of situations that affect the other. The Department of Public Safety in Houston is to be notified immediately whenever mutual aid is invoked. SECTION 5. COMPENSATION Each party city shall provide for the payment of compensation and death benefits to injured members of the emergency management forces of that city and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this agreement, in the same manner and on the same terms as if the injury or death were sustained within such city. SECTION 6. FINANCE Either party city rendering aid in the other city pursuant to this agreement shall be reimbursed by the party city receiving such aid for any loss or damage to, or expense incurred in the. operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided, that the aiding party city may assume in whole or in part such loss damage expense, or other costs. Straight-time salaries and wages are to be paid by the sending city while overtime is to be paid by the receiving city. As much as possible, notice is to be given to the receiving city prior to incurring overtime. SECTION 7. SEVERABILITY This agreement shall continue in force and remain binding on each party city and county until the City Council of such party city takes action to withdraw therefrom. Such action shall not be effective until 90 days after notice thereof has been sent by the Emergency Management Director of the party city desiring to withdraw to the Emergency Management Director of the other party city. This agreement shall be construed to effectuate the purpose stated in Section 1, hereof. If any provision of this agreement is declared unconstitutional, or the applicability thereof to any persons or circumstances is held invalid, the constitutionality of the remainder of the agreement and the applicability thereof to other persons and circumstances shall not be affected thereby. ., SECTION 8. APPLICABILITY This agreement shall become operative immediately upon its approval by both cities. Duly authenticated copies of this agreement and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party cities and with the Division of Emergency Management and other appropriate agencies of the State of Texas. This agreement shall become binding and obligatory when it shall have been signed by the Mayor of the respective cities enumerated in this agreement; whe 't shall have been roved by the City Cpunci of each city. yor ----- ---- — --------- ayor City of Baytown, Texas City of Houston, Texas Date------� -�� ��— Date �� , _t_t 1 ffe s =-,