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Ordinance No. 4,67470312 -14 ® ORDINANCE NO. 4674 ® AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A MUTUAL AID AGREEMENT WITH HARRIS COUNTY, TEXAS; AND PROVIDING FOR ® THE EFFECTIVE DATE HEREOF. 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 approves a mutual aid agreement with Harris County, Texas, and authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest to said agreement. A copy of said agreement is attached hereto, marked Exhibits "A," 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 March, 1987. EMMETT 0. HUTTO, Mayor ATTEST: 922e�� 111� l �'/� EILEEN P. HALL,/ ity Clerk RANDALL B. STR NG, Ci ttorney ® C:1:16:11 MUTUAL AID AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS AND HARRIS COUNTY, TEXAS 70312 -14a The contracting parties solemnly agree: SECTION 1. PURPOSE ® The purpose of this agreement is to provide mutual aid for the City of Baytown and Harris County, 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 and counties.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 parties shall constitute a committee to formulate plans and take all necessary steps for the implementation of this agreement. Such planning shal.l 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 to formulate emergency management plans and programs for application within.such city or county. There shall be frequent consultation between the representatives of the parties and the free exchange of information and services. In carrying out such emergency management plans and programs, the parties 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; (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 party is responsible for the coordination of all emergencies occurring wihin its own jurisdiction.' Either party 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 entity rendering aid may.withhold resources to the extent necessary to provide reasonable protection for its own citizens. Each party while.operating within ® the receiving boudaries under the terms and conditions of this agreement, shall have the same powers, duties, rights, privileges and immunities at if they were performing their duties.in their own jurisdiction.. 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 party . receiving assistance. . 1. .7 70312 -14b Authorities and and other benefits of this contract shall only be in effect after_ official requests have been made, except in cases of rapidly developing emergencies near the City lioits.of Baytown as described in Section 4. Nothing in this agreement shall be construed to limit the authority of Harris County to meet its legal responsibility. SECTION 3. LIABILITY Neither party nor its officers nor employees rendering aid 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 organization, after approval by the Chief Executive.The request is to be made through the Emergency Operating Center (EOC) of the sending . party, if it is in operation, otherwise through the police or sheriff dept. During any emergency, both parties shall 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. In cases of rapidly developing.emer'gencies occurring near the City of Baytown but in Harris County, the Baytown Police and /or Fire Department will respond as, they are able, without request. They will establish control of the scene until the arrival of Harris County officials. Control will then be transferred to Harris County, but Baytown resources will remain on the scene as needed, unless unable to do so because of greater needs in their own jurisdiction. In such cases the benefits of this agreement shall be in effect. SECTION 5. COMPENSATION Each party shall provide for the payment of compensation and death benefits to injured members of their own emergency management forces 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.their own jurisdiction. SECTION 6. FINANCE Either party rendering aid in the other entity pursuant to this agreement shall be reimbursed by the party 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 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 party while overtime is to be paid by the receiving city. As much as possible, notice is to be given to the receiving party prior to incurring overtime. SECTION 7. SEVERABILITY This agreement shall continue in force and remain binding on each party until eiCher the Baytown City Council or Harris County.Commisioners Court 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 desiring to withdraw to the Emergency Management Director of the other party. 2. _ • • 1• 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 parties. 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 entities 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 and County Judge en merated in this agreement; when it shall ave been approved b the govern' bodies each group. . M r C unty Judge City of Baytown, Texas Harris ounty, Texas Date "/0 — S7 7 Date 1TP&CJ J See Addendum of Additional Provisions attached hereto. • AUDITOR'S CERTIFICATE v O I hereby certify that funds are available in the amount of $ D Oc to meet the obligations of the County hereunder. . F. CK, County uditor APPROVED AS TO FORM: MIKE DRISCOLL County Attorney BY WILLIAM R. B UYERE Assistant County A torney 70312 -14d ADDENDUM TO MUTUAL AID AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS AND HARRIS COUNTY SECTION 9. LIMITATION OF LIABILITY Notwithstanding anything herein to the contrary, or that may be construed to the contrary, it is expressly understood and agreed that the liability of the County under the terms and provisions of this agreement is limited to the maximum sum hereinbelow certified available for such purposes by the County Auditor. 11 70312 -14e ® ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN ® THE STATE OF TEXAS COUNTY OF HARRTI) On this day of 1987, the Commissioners Court of Harris County, being duly convened a regular meeting of the Court, upon motion of Commissioner seconded by Commissioner, duly put and carrried, IT IS ORDERED that County Judge Jon Lindsay be, and he is hereby, authorized to execute for and on behalf of Harris County a Mutual Aid Agreement between Harris County and the City of Baytown, said Agreement being incorporated herein by reference for all purposes as though fully set forth herein word for word. Presented To COMMISSIONERS COURT MAR 3 'PA7 accorded Vol ........... Page ..........