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Ordinance No. 5,331890824 -4 ORDINANCE No. 5331 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A MUTUAL AID AGREEMENT WITH THE CITY OF PASADENA, 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 Texas, hereby authorizes and directs the the City of Baytown to execute and Agreement with the City of Pasadena, agreement is attached hereto, marked Exhi hereof for all intents and purposes. of the City of Baytown, Mayor and City Clerk of attest to a Mutual Aid Texas. A copy of said bit "A," and made a part 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 24th day of August, 1989. ��OETT 0. HUTTO, Mayor ATTEST: EILEEN P. HALL, City Clerk RANDALL B. STRONG, City /�ittorney C:1:27:3 K 890824 -4A MUTUAL AID AGREEMENT BETWEEN THE CITY OF PASADENA, 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 Pasadena 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), Section 5A, and Chapter 418 of the Government Code (formerly Texas Revised Civil Statutes, Article 5889 -7). 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 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. ' 890824 -4B SECTION 2. RESPONSIBILITIES It shall be the duty of each city to formulate emergency i management plans and programs for application within each respective city. 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 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 either city. (d) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular 896824 -4C traffic, prior, during and subsequent to exercises or disasters; (e) The safety of public meetings or gatherings. Each city is responsible for the coordination of all emergencies occurring within its jurisdiction. Either 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 hereofi 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 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 render 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. The commanding officer of the city rendering aid shall have the right to withdraw men and equipment from an unsafe situation or incident as is deemed necessary. Authorities and other benefits of this contract shall only be in effect after official requests have been made as set forth in Section 4 of this agreement. 890824 -4D SECTION 3. LIABILITY Neither city nor its officers or employees rendering aid to i the receiving city pursuant to this agreement shall be liable to the receiving city, its officers or employees on account of any act or omission made 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 Request for aid are to be made through the Emergency Management Office of the requesting city, after approval by that City's 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 Emergency Management Office. During any emergency both cities shall keep the other informed with frequent up- dates, on details of situations that affect the other. The Department of Public Safety, Region 2A, 10110 N. W. Freeway, Houston is to be notified immediately whenever mutual aid is invoked under this agreement. 890824 -4E SECTION 5. COMPENSATION Each city shall provide for the payment of compensation and i 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 5. FINANCE Either city rendering aid in the other city pursuant to this agreement shall be reimbursed by the 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 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. 890824 -4F ofiffIN 9 HVERABILITY This agreement shall continue in force and remain binding on each city until the City Council of either city takes action to withdraw therefrom. Such withdrawal 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 reminder of the agreement and the applicability thereof to other persons and circumstances shall not be affected thereby. SECTION B. 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 890824 -4G entered into shall, at the time of their approval, be deposited with each of the 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 and approved by the City Council of the respective cities enumerated in this agreement. Mayor John Ray Hazzison City of Pasadena, Texas Date ATTEST: City Secretary Pan Ramey Mayor Emmett Hutto City of Baytown, Texas Date Eileen Hall City Secretary