Ordinance No. 14,261ORDINANCE NO. 14,261
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
TO A MEMORANDUM OF UNDERSTANDING FOR SHELTER AND
EVACUATION ASSISTANCE DURING EMERGENCIES WITH GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT; 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 and the City Clerk to attest to a Memorandum of Understanding for Shelter and
Evacuation Assistance during Emergencies with Goose Creek Consolidated Independent School District.
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.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of
Baytown, this the 24t1i day of October, 2019.
C:
BRANDON CAPETILLO, Ma or
AD
ATT T:
ETICIA BRYSCH, City Jerk
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APPROVED AS TO FORM:
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*ACIAOReAMIRtIEZ, SR., C t Attorney
COBFS011LegaWarenTileslCity Council Ordinances\2019 October 24 GCCISDShelterMOU.doc
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
FOR
SHELTER AND EVACUATION ASSISTANCE DURING EMERGENCY
This Memorandum of Understanding ("MOU") is made and entered into by and between
Goose Creek Consolidated Independent School District (the "District") and the City of Baytown
(the "City"). The District and the City are each a "Party" and may be collectively referred to as
the "Parties."
WHEREAS, the District is a public school district with campuses located in Harris and
Chambers Counties in the State of Texas; and
WHEREAS, the City is a home -rule municipal corporation located in Harris and Chambers
Counties in the State of Texas; and
WHEREAS, during emergencies, the City will render services in efforts to protect lives
and property; and
WHEREAS, the City, during such emergencies, may seek to provide evacuation assistance
and shelter for its residents as needed; and
WHEREAS, the City desires the assistance of organizations in providing both evacuation
assistance and facilities for such sheltering purposes and for public gatherings, hearings or other
meetings that exceed the typical capacity of City meeting facilities; and
WHEREAS, the District wishes to provide evacuation assistance by making buses and
drivers available during such emergencies; and
WHEREAS, the District also wishes to provide shelter space and make facilities available
for the City's use as set forth herein; and
WHEREAS, the Parties desire to enter into this MOU pursuant to Chapter 791 of the Texas
Government Code to set forth the terms and conditions upon which each party shall perform
governmental functions and services during emergency situations or in preparation therefor;
NOW THEREFORE, the Parties do hereby agree as follows:
I. EVACUATION ASSISTANCE.
a. Upon written or verbal request by the City Manager of the City or his/her designee,
and upon either written or verbal approval of the District's Superintendent of
Schools (the "Superintendent") or his/her designee, the District shall provide a
mutually agreed upon number of buses for the sole purpose of providing evacuation
assistance in emergency situations, which will be determined by the City. The
provision of buses shall be subject to the availability of buses suitable for the
purposes set forth herein. The District and City agree that nothing under this MOU
shall be construed as requiring the District to make any modifications to its buses.
The District shall ensure that all vehicles to be used for the purposes of this MOU
are in a safe and operable condition, having all of their required inspections and
licenses, prior to placing the same into use under this MOU and/or tendering the
same to the City for its use.
b. The District shall provide a driver for each bus supplied pursuant to paragraph (a)
of this Section l or shall allow the City to designate drivers for each bus to ensure
that all of the buses may be operated during emergency situations for evacuation
assistance. The provision of drivers shall be subject to the availability of District
drivers with appropriate licenses to operate District buses. Persons designated by
the City must have the appropriate class of driver's license to operate the bus
provided by the District.
C. The City acknowledges its responsibility for inspecting the buses prior to use by
City designated drivers to inform itself regarding condition of the buses. Prior to
the use of any bus by a City designated driver, the City may inspect and document
any damages to each bus, which are present prior to City's use. The documentation
of any damage must be submitted to the Superintendent or his/her designee prior to
use by a City designated driver. The failure to so submit a written list of damages
observed by the City prior to such use shall result in the presumption that no
damages were found. The City understands and agrees that the Superintendent or
his/her designee, shall inspect the buses at the end of each use by the City
designated drivers and the City shall be solely liable for any and all damages
proximately caused by City designated drivers which were not documented and
submitted as required by this paragraph, normal wear and tear being excepted.
d. During emergencies, the City will render services in efforts to protect lives and
properties. The City shall notify the District and endeavor to keep the District
abreast of any potential emergency situations, of which the City has actual
knowledge.
e. The City and District shall mutually agree upon designated collection points in the
City from which people in need of evacuation assistance may be picked up for
evacuation. All persons receiving evacuation assistance shall be transported to a
shelter specified by the City.
f. The City shall be responsible for all fuel costs, driver costs, and maintenance costs
while the buses are being used in furtherance of this MOU.
g. The City shall provide insurance coverage for the use and operation of the District's
buses sufficient to cover the increased exposure of the City under the Texas Tort
Claims Act only when such vehicles are under the City's sole care, custody and
control. The City shall furnish the District evidence of such coverage that is
satisfactory to the District.
2. FACILITY USE DURING EMERGENCIES.
a. When requested by an authorized representative of the City and as necessary during
emergency events, the District will use its best efforts to provide the following
services:
1. Provide Employee Staging Center for City employees;
2. Participate in pre -disaster shelter and mass care planning with the City;
3. During the emergency operations, provide periodic reports on its shelter and
mass care activities as requested by the City's Emergency Management
Coordinator;
4. Provide purchasing supplies and support services, as requested by the City,
which services shall meet or exceed all the State of Texas public
procurement laws as they apply to school districts;
5. Reimburse the City for goods, services, fuel or support items requested by
the District at actual cost paid by the City;
6. Provide other support and assistance activities that are deemed appropriate
by the Superintendent, as requested by the City; and
7. Provide reasonable access, upon City's request, to District facilities for the
purpose of refueling City vehicles used during emergency events.
b. The City will use its best efforts to:
1. Where possible, provide advance warning to the District of the possible
need for shelter and mass care operations so that the District may mobilize
its resources;
2. Provide for security, police and/or law enforcement for shelter and mass
care facilities or large public gatherings;
3. Provide for fire and life -safety inspections for shelter and mass care
facilities or large public gatherings;
4. Provide for traffic control in the vicinity of shelter and mass care facilities
or large public gatherings;
5. Provide information to disaster victims through the media on what they
should bring and should not bring to shelter and mass care facilities;
6. Arrange and/or coordinate transportation for shelter and mass care
equipment and supplies that cannot be transported by the District;
7. Coordinate with state and federal agencies or other vendors to obtain
supplementary food supplies, if required;
8. To the extent possible, ensure utilities are operable at shelter and mass care
facilities;
9. Provide updated information on the emergency situation to shelter
managers to be passed on to shelter occupants;
10. Provide for rapid and timely reasonable restoration and replacement of
District property and facilities used or damaged by shelter operations or
large public gatherings;
11. Reimburse the District for the direct costs of providing, at minimum, at least
one District physical plant maintenance employee to be on -site at all times
deemed appropriate by the District, when District facilities are in use at City
request;
12. Partner with District officials in application, acceptance and management
of grant projects that enhance District and/or City programs or facilities;
13. Purchase supplies and provide support services, as requested by the District,
which services shall meet or exceed all the State of Texas public
procurement laws as they apply to municipal governments;
14. Provide reasonable access, upon District's request, to City facilities for the
purpose of refueling District vehicles used during emergency events;
15. Reimburse the District for goods, services, fuel or support items requested
by the City at actual cost; and
16. Provide other support and assistance activities that are deemed appropriate
by the City Manager, as requested by the District.
TERM. This MOU is effective for a period of one year from the effective date hereof and
shall be automatically renewed for successive one-year periods unless either party gives
sixty (60) days' prior written notice of non -renewal. This MOU may be terminated with
or without cause by either party upon sixty (60) days' prior written notice; provided,
however that no such termination shall occur during a state of local disaster.
4. PAYMENT FROM CURRENT FUNDS. The City and the District agree that each will
pay for all expenses associated with this MOU for which it is responsible from then current
revenues available to each entity.
5. MISCELLANEOUS GENERAL PROVISIONS
a. Final Agreement. This MOU supersedes all previous communications,
representations or agreements, either oral or written, between the Parties with
regard to the subject matter and terns of this MOU. This MOU comprises the entire
agreement between the Parties and may not be altered, modified or amended except
in a writing executed on behalf of all Parties hereto.
b. Compliance with Applicable Law. The District and City shall comply with all
rules, regulations and laws of the United States of America, the State of Texas and
City of Baytown as they now exist or may hereafter be enacted or amended.
C. No Assignment. No assignment of this MOU, or of any duty, obligation or
expenses of performance hereunder, shall be made in whole or in part without prior
written consent of the other party.
d. Notice. Except as otherwise provided herein, all notices required to be given
hereunder shall be given in writing to the other party by hand delivery, overnight
delivery, or certified or registered mail at the address of the Parties set forth herein
or at such other address as may be designated in writing by either party. Notice
given by mail shall be deemed given three (3) days after the date of mailing thereof
to the following addresses:
DISTRICT:
Goose Creek Consolidated Independent School District
Attn: Superintendent
P.O. Box 30
Baytown, Texas 77522
CITY:
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, Texas 77522
e. No Waiver of Sovereign Immunity. Neither party relinquishes any immunity or
defense on behalf of itself, its trustees, officers, employees and agents as a result of
its execution of this MOU and performance of the functions or obligations
described herein.
f. Governing Law. Jurisdiction and Venue. This MOU shall in all respects be
interpreted and construed in accordance with and governed by the laws of the State
of Texas. The Parties consent to the jurisdiction and venue of the courts of Harris
County, Texas for any action related to this MOU.
g. No Right to Arbitrate. Notwithstanding anything to the contrary herein, the
City and District hereby agree that no claim or dispute between the Parties arising
out of and relating to this MOU shall be decided by any arbitration proceeding
including, without limitation, any proceeding under the Federal Arbitration Act (9
U.S.C. Sections 1-14) or any applicable State arbitration statute, including, but not
limited to, the Texas General Arbitration Act.
h. Severability. In case any one or more of the provisions contained in this MOU
shall for any reason held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision thereof
and this MOU shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
i. Anibiggi1y. In the event of any ambiguity in any of the terms of this MOU, it
shall not be construed for or against any party hereto on the basis that such party
did or did not author the same.
j. No Third Party Beneficiaries. This MOU shall not bestow any rights upon any third
party, but shall only be binding on and benefit the City and District.
k. Headings. The article and section headings contained herein are used for
convenience and reference purposes only and are not intended to define, limit or
describe the scope or intent of any provision of this MOU and shall not have any
effect upon its interpretation.
1. Agreement Read. The Parties acknowledge that they have read, understand and
intend to be bound by the terms and conditions of this MOU.
in. Authori. The officers executing this MOU on behalf of the Parties hereby
represent that such officers have full authority to execute this MOU and to bind the
party he or she represents.
In witness of these understandings, the authorized representatives of the District and the
City have fixed their signatures to this MOU, which shall become effective upon the fixing of the
last signature hereto and shall remain in effect until such time that the same is terminated.
GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT:
By: QkJ4, kW4��
Name: Randal O'Brien
Title: Superintendent
Date: October 1.2019
CITY OF BAYTOWN:
By:
Name:
Title:
Date:
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