Ordinance No. 10,396ORDINAN("E NO. 10,39()
AN ORDINANCLOF THE CTIA" (.OUNC:41- 01", THF C'ITY OF BA "TOW N,
TEXAS. A(JT[K)R[Z1N(i AN IN,rFIRJIJItISI)I(�:,"1"'TON/,\.[.., N41,111JAL ARD
AGREENJEw WITT I CT-INIMBERS ( OUNTY, T'EN` AS, f,'OR 111 E,' 11RON,,'[S ION
OF MUTUAJ. AW DURING EASAS TER S AN'D/(,)R CIVII, ENT 1.-',RGENC1F', S;
ANI) PROVI'l)IN(i FOR Tfif',. EF'FE(��"JJVE 1�)A`FFTJ [ER.F,0F,
131 IT 0RI,-.),-MN1TE) m—rom (VITY CULMUL OFTHE (ATY OF BAYTOVVN, TL, , /\S
Sectic"In 1: That Te My (Manned of the City of Bap own, Texas, hwvby mahoWes the
(,,'iiy ManigertoeXeUlte and Te Cly Clerk to auem lo mi Interjurisdicdonal MUtLKIlAid Agreement
vNith Cliambers 0.nuay, ]'exaq Rw the goviAon of mutuat aid durhig disasters and/or civil
einergencies, A copy of sAd agmem2m N attached hereto, marked ExhiHt "A" and made a part
he not of Tr all Mew and puMosm.
Secthm 2: Tids ordnance shall We eR&t WmedMet, Rm and afteriNpassage by die
City Wuncil of the My of Ballown,
1N'1-'R0D1J(A,D, READ and PASSED by the aMni'mfivc wte ('
�?fthe 0ty Council of the (fity
or Baytown di is the 24"' day cfl'August, 20061
R LOS, Mayor
w
(7ity Clerk
APPRON71-D AS I,() FO[�,Nl,
A (A () R ANI IR f,,Z, S 6i
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INTERJURISDICTIONAL
MUTUAL AID AGREEMENT
This Interiurisdictional Mutual Aid Agreement ("Agreement") is entered into by,
between, City of Baytown and the County of Chambers by their signatures on duplicate original
copies of this Agreement have consented to the terms of this Agreement (collectively, "the
Parties").
RECITALS
The Parties recognize the vulnerability of the people and communities located within the State to
damage,injury,and loss of life and property resulting from Disasters and/or Civil Emergencies and
recognize that Disasters and/or Civil Emergencies may present equipment and manpower
requirements beyond the capacity of each individual Party; and
The Parties must confront the threats to public health and safety posed by possible terrorist actions
and weapons of mass destruction and other incidents of man-made origin,and the threats to public
health and safety from natural Disasters, all capable of causing severe damage to property and
danger to life; and
The Parties to this Agreement recognize that Mutual Aid has been provided in the past and have
determined that it is in the best interests of themselves and their citizens to create a plan to foster
communications and the sharing of resources, personnel and equipment in the event of such
calamities; and
The governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid for
the protection of life and property in the event of a Disaster and/or Civil Emergency; and
The Parties wish to make suitable arrangements for furnishing Mutual Aid in coping with Disasters
and/or Civil Emergencies and are so authorized and make this Agreement pursuant to Chapter 791,
Texas Government Code (Interlocal Cooperation Act); Chapter 418, Texas Government Code
(Texas Disaster Act of 1975); Chapter 421, Texas Government Code (Homeland Security); and
Chapter 362, Local Government Code; and
The Parties recognize that a formal agreement for Mutual Aid would allow for better coordination of
effort,would provide that adequate equipment and manpower is available, and would help ensure
that Mutual Aid is accomplished in the minimum time possible in the event of a Disaster or Civil
Emergency and thus desire to enter into an agreement to provide Mutual Aid.
It is expressly understood that any Mutual Aid extended under this Agreement and the operational
plans adopted pursuant thereto, is furnished in accordance with the "Texas Disaster Act of 1975"
and other applicable provisions of law.
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NOW, THEREFORE, the Parties agree as follows:
1. RECITALS. The recitals set forth above are true and correct.
2. DEFINITIONS. For purposes of this Agreement, the terms listed below will have the
following meanings:
A. AGREEMENT - this Interjurisdictional Mutual Aid Agreement, duly executed.
B. ASSISTING PARTY - the Party furnishing equipment, supplies, facilities, services
and/or manpower to the Requesting Party.
C. CIVIL EMERGENCY - an unforeseen combination of circumstances or the resulting
consequences thereof within the geographic limits of a given jurisdiction that calls for
immediate action or for which there is an urgent need for assistance or relief to protect the
general citizenry.
D. DISASTER - the occurrence or imminent threat of widespread or severe damage, injury,
or loss of life or property resulting from any natural or man -made cause, including fire,
flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic
activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile
military or paramilitary action, energy emergency (as that term is defined in Chapter 418 of
the Texas Government Code), acts of terrorism, and other public calamity requiring
Emergency action or requiring homeland security activity (as that terns is defined in Chapter
421 of the Texas Government Code).
E. EMERGENCY - any occurrence, or threat thereof, whether natural or caused by man, in
war or in peace, which results or may result in substantial injury or harm to the population,
or substantial damage to or loss of property.
F. MUTUAL AID - includes, but is not limited to, such resources as facilities, equipment,
services, supplies, and personnel.
G. POINT OF CONTACT — the individual or office authorized by the governing body of
each Party to request or respond to a request for Mutual Aid on behalf of the Parry. A
Party's Emergency Management Director or Chief Executive Officer is always a Point of
Contact.
H. REQUESTIINrG PARTY - the Party requesting aid in the event of a Disaster or a Civil
Emergency.
3. POINT OF CONTACT DESIGNATION. Within 5 days of the effective date of this
Agreement, each party shall provide the other party with a written protocol by which its designated
Points of Contact may be contacted twenty -four (24) hours a day, seven (7) days a week. This
protocol will designate, by name or position, the person or persons authorized to request or respond
to a request for Mutual Aid on behalf of a Party under terms of this Agreement and will include at
least two alternate means of contacting the Party's Point(s) of Contact. Any changes to the protocol
shall be provided in writing to the other party and shall be effective as to the other party upon receipt
thereof.
4. PARTY'S ENIERGENCY i<IANAGENIENT PLAN. Each Party shall prepare and keep
current an emergency management plan for its jurisdiction to provide for emergency and/or disaster
mitigation, preparedness, response and recovery. in accordance with Chapter 418 of the Texas
Government Code. The emergency management plan shall incorporate the use of available
resources, including personnel, equipment and supplies, necessary to provide and/or receive Mutual
Aid. The emergency management plan shall be submitted to the Governor's Division of Emergency
Management.
5. IMPLENIENTATION OF AGREEi1IENT. A Point of Contact for his/her respective
jurisdiction shall take all steps necessary for the implementation of this Agreement.
6. INITIATION OF REQUEST. A request under this Agreement may be made by a Point of
Contact after one of the following occurs:
(a) A declaration of a local state of Disaster pursuant to Chapter 418 of the Texas
Government Code; (b) A finding of a state of Civil Emergency; or
(c) The occurrence or imminent threat of an Emergency such that local capabilities are or are
predicted to be exceeded.
The provision of Mutual Aid under this Agreement shall continue, whether or not the local Disaster
declaration or state of Civil Emergency is still active, until the services of the Assisting Party are no
longer required.
7. PROCEDURES FOR REQUESTS AND PROVISION OF MUTUAL AID. A Point of
Contact may request Mutual Aid assistance by: (1) submitting a written Request for Assistance to a
Point of Contact of an Assisting Party. (2) orally communicating a request for Mutual Aid assistance
to a Point of Contact of an Assisting Party. which shall be followed by a written request, or (3) by
submitting a request in accordance with the Plan. The written request shall reference that the request
is made pursuant to this Agreement. Mutual Aid shall not be requested by a Party unless it is
directly related to the Disaster or Emergency and resources available from the normal responding
agencies to the stricken area are deemed to be inadequate, or are predicted to be expended prior to
resolution of the situation. All requests for Mutual Aid must be transmitted by a Point of Contact of
the Requesting Party to a Point of Contact of the Assisting Party or in accordance with the terms of
the Plan.
A. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party's Point of
Contact may directly contact a Point of Contact of the Assisting Party and provide the
necessary infornation as prescribed in Section 7.13. hereto.
B. REQUIRED INFORMATION BY REQUESTING PARTY. Each request for assistance
shall be accompanied by the following information, to the extent known:
1) A general description of the damage or injury sustained or threatened;
2) Identification of the emergency service function or functions for which assistance
is needed (e.g. fire, law enforcement, emergency medical, search and rescue,
transportation, communications, public works and engineering, building, inspection,
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planning and information assistance, mass care, resource support, health and other
medical services, etc.), and the particular type of assistance needed;
3) The amount and type of personnel, equipment, materials, supplies, and/or facilities
needed and a reasonable estimate of the length of time that each will be needed; and
4) The location or locations to which the resources are to be dispatched and the
specific time by which the resources are needed: and
5) The name and contact information of a representative of the Requesting Party to
meet the personnel and equipment of any Assisting Party at each location to which
resources are dispatched.
This information may be provided on a form designed for this purpose or by any other
available means.
C. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER
ASSISTANCE. When contacted by a Requesting Party, a Point of Contact of the Party from
which aid is requested agrees to assess local resources to determine availability of personnel,
equipment and other assistance based on current or anticipated needs. All Parties shall
render assistance to the extent personnel, equipment and resources are deemed available. No
Party shall be required to provide Mutual Aid unless it determines in its sole discretion that it
has sufficient resources to do so based on current or anticipated events within its own
jurisdiction.
D. INFORMATION REQUIRED OF THE ASSISTING PARTY. A Point of Contact who
determines that the Assisting Party has available personnel, equipment, or other resources,
shall so notify the Requesting Party and provide the following information, to the extent
known:
1) A complete description of the personnel and their expertise and capabilities,
equipment, and other resources to be furnished to the Requesting Party;
2) The estimated length of time that the personnel, equipment, and other resources
will be available;
3) The name of the person or persons to be designated as supervisory personnel; and
4) The estimated time of arrival for the assistance to be provided to arrive at the
designated location.
This information may be provided on a form designed for this purpose or by any other
available means.
E. SUPERVISION AND CONTROL: When providing assistance under the terms of this
Agreement, the personnel, equipment, and resources of any Assisting Party will be under the
operational control of the Requesting Party, the response effort to which shall be organized
and functioning in accordance with the guidelines outlined in the National Incident
Management System. Direct supervision and control of personnel, equipment and resources
and personnel accountability shall remain with the designated supervisory personnel of the
Assisting Party. Emergency Medical Services organizations providing assistance under this
Agreement will utilize the medical protocols authorized by their medical director. The
designated supervisory personnel of the Assisting Party shall: maintain daily personnel time
records, material records. and a log of equipment hours; be responsible for the operation and
maintenance of the equipment and other resources furnished by the Assisting Party; and shall
report work progress to the Requesting Party. The Assisting Party's personnel and other
resources shall remain subject to recall by the Assisting Party at any time, subject to
reasonable notice to the Requesting Party.
F. FOOD, HOUSING, AND SELF - SUFFICIENCY: Subject to Paragraph 8 of this
Agreement, the Requesting Party shall have the responsibility of providing food and housing
for the personnel of the Assisting Parry from the time of their arrival at the designated
location to the time of their departure. However, Assisting Party personnel and equipment
should be, to the greatest extent possible, self - sufficient while working in the Emergency or
Disaster area. The Requesting Party may specify only self - sufficient personnel and resources
in its request for assistance.
G. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party
shall have the responsibility for coordinating communications between the personnel of the
Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to
furnish their own communications equipment sufficient only to maintain communications
among their respective operating units. if such is practicable.
H. RIGHTS AND PRIVILEGES: Personnel who are assigned, designated or ordered by their
organization's governing body to perform duties pursuant to this Agreement shall continue
to receive the same wages, salary, pension, and other compensation and benefits for the
performance of such duties, including injury or death benefits, disability payments, and
workers' compensation benefits, as though the service had been rendered within the limits of
the jurisdiction where the personnel are regularly employed.
I. TERM OF DEPLOYMENT: The initial duration of a request for assistance will be
specified by the Requesting Party, to the extent possible by the situation.
8. COSTS. All costs associated with the provision of Mutual Aid, including but not limited to
compensation for personnel; operation and maintenance of equipment; damage to equipment;
medical expenses; and food, lodging and transportation expenses shall be paid for by the Assisting
Party and reimbursed by the Requesting Party at actual cost. Requests for reimbursement must be
submitted as soon as practicable but in no event later than sixty (60) days after the return of all
personnel deployed under this Agreement. Failure to submit a request for reimbursement within the
specified time frame will result in the Assisting Party not being reimbursed for the Mutual Aid
provided unless Federal or State Government extends the deadline for filing requests for
reimbursement. Such requests shall identify with specificity each service, labor, or equipment
provided and the unit and total costs associated with each. The Assisting Party shall be responsible
for creating and maintaining for a period of three years a record of all costs incurred, both
reimbursed and non - reimbursed costs, in providing aid under this Agreement. Such costs and
reimbursements shall be paid from current funds of the respective Party. In the event federal funds
are available for costs associated with the provision of Mutual Aid, the Parties agree that the
Requesting Party must make the claim for the eligible costs of the Assisting Party on its subgrant
application and will disburse the federal share of funds to the Assisting Party. Reimbursement under
this section will be made by the Requesting Party no later than: (1) one - hundred eighty (180) days
after receipt of the request for reimbursement; or (2) ninety (90) days after the Requesting Party
receives reimbursement from the federal or state government, whichever is sooner. The Parties
hereto recognize that each benefits from the existence of this Mutual Aid Agreement and expect that
each will both provide and receive critical aid over the life of the Agreement. The Assisting Party
may assume in whole or in part any costs associated with the provision of Mutual Aid or may loan or
donate equipment or services to the Requesting Party without charge or cost.
9. INSURANCE
A. WORKERS' COMPENSATION COVERAGE: Each Party shall be responsible for its
own actions and those of its employees and is responsible for complying with the Texas
Workers' Compensation Act.
B. AUTOMOBILE LIABILITY COVERAGE: Each Party shall be responsible for its own
actions and is responsible for complying with the Texas motor vehicle financial
responsibility laws.
C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW
ENFORCEMENT LIABILITY: Each Party agrees to obtain or continue its general liability,
public official's liability and law enforcement liability insurance, if applicable. or maintain a
comparable self - insurance program.
D. OTHER COVERAGE: The Assisting Party shall provide and maintain medical and death
benefit insurance coverage while its personnel are assisting the Requesting Party.
10. WAIVER OF CLAIMS AGAINST PARTIES; INI'MUNITY RETAINED. Pursuant to
§§ 421.062- Liability Under Interlocal Contract and § 791.006- Liability in Fire Protection Contract
or Provision of Law Enforcement Services, Texas Government Code, the Party furnishing services
under this Agreement is not responsible for any civil liability that arises from the furnishing of those
services No Party waives or relinquishes any immunity or defense on behalf of itself. its governing
body, officers, employees and agents as a result of the foregoing sentence or its execution of this
Agreement and the performance of the covenants contained herein.
11. EXPENDING FUNDS. Each Party that performs services or furnishes aid pursuant to this
Agreement shall do so with funds available from current revenues of the Party. No Party shall have
any liability for the failure to expend funds to provide aid hereunder.
12. TERM. This Agreement shall become effective as to each Party on the date signed and shall
continue in force and remain binding on each and every Party through December 31 of the year
signed. This Agreement shall renew automatically for a period of one year upon the completion of
the initial term and each subsequent term unless and until such time as the governing body of a Party
terminates its participation in this Agreement pursuant to Section 20 of this Agreement.
13. ENTIRETY. This Agreement contains all commitments and agreements of the Parties with
respect to the Mutual Aid to be rendered hereunder during or in connection with a Disaster and/or
Civil Emergency. No other oral or written commitments of the Parties with respect to Mutual Aid
under this Agreement shall have any force or effect if not contained herein, except as provided in
Sections 16 and 17 below.
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1.1. RATIFICATION. Each Party hereby ratifies the actions of its personnel and the rendering
and/or receiving of Mutual Aid taken prior to the date of this Agreement.
15. INTERLOCAL COOPERATION ACT. The Parties agree that Mutual Aid in the context
contemplated herein is a "governmental function and service" and that the Parties are "local
governments" as that term is defined herein and in the Interlocal Cooperation Act, Texas
Government Code Chapter 791.
16. CONFIDENTIALITY. The Parties recognize that the provision of Mutual Aid under this
Agreement may result in the transfer of confidential medical information between them. The parties
recognize and agree to guard the confidentiality of such information as required by the federal
Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Texas Medical Practice
Act, and other state privacy laws pertaining to the confidentiality of medical records.
17. SEVERABMITY. If a provision contained in this Agreement is held invalid for any
reason, the invalidity does not affect other provisions of the Agreement that can be given effect
without the invalid provision, and to this end the provisions of this Agreement are severable.
18. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the
validity or enforceability of a provision of this Agreement, then the legal limitations are made a part
of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to
bring this Agreement into conformity with the requirements of the limitations, and so modified, this
Agreement shall continue in full force and effect.
19. A111ENDNWNT. This Agreement may be amended only by the mutual written consent of
the Parties.
20. TERINIINATION. Any Party may at any time by resolution or notice given to the other
Party decline to participate in the provision of Mutual Aid. To terminate this Agreement, the
governing body of a Party shall, by resolution, give notice of termination of participation in this
Agreement and submit a certified copy of such resolution to the other Party. Such termination shall
become effective not earlier than 30 days such notice is received by the other Party pursuant to the
provisions of Paragraph 22.
21. THIRD PARTIES. This Agreement is intended to inure only to the benefit of the Parties
hereto. This Agreement is not intended to create, nor shall be deemed or construed to create any
rights in third parties.
22. NOTICE. Any notice required or permitted between the Parties shall be in writing and shall
be duly served when it is delivered in person, transmitted by facsimile transmission, or deposited in
a wrapper with the proper postage affixed and duly certified, return receipt requested, in a United
States post office addressed as follows:
To the City: City of Baytown
Attention: Office of the City Manager
2401 Market Street
Baytown. TX 77520
Fax: 281 -420 -6586
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To the County: Chambers County
Attention: Office of the County Judge
Chambers County Administration Building
404 Washington Avenue
Anahuac, TX 77514
Fax: 409-267-4453
23. WARRANTY. The Agreement has been officially authorized by the governing body of
each Party hereto by order,ordinance or resolution and each signatory to this Agreement guarantees
and warrants that the signatory has full authority to execute this Agreement and to legally bind the
respective Party to this Agreement.
24. GOVERNING LAW AND VENUE. The laws of the State of Texas shall govern this
Agreement. In the event of an Emergency or Disaster physically occurring within the geographical
limits of only one county that is a Party hereto,venue shall lie in the county in which the Emergency or
Disaster occurred. In the event of an Emergency or Disaster physically occurring in more than one
county that is a Party hereto, venue shall be determined in accordance with the Texas Rules of Civil
Procedure.
25. HEADINGS. The headings at the beginning of the various provisions of this Agreement
have been included only in order to make it easier to locate the subject covered by each provision
and are not to be used in construing this Agreement.
EXECUTED by the Parties hereto,each respective entity acting by and through its duly authorized
official as required by law,on multiple counterparts each of which shall be deemed to be an original,
on the date specified on the multiple counterpart executed by such entity.
NAME OF ENTI Y: 'ty of B ytown
Signature: Title: City Manager
Printed Name: Gary Jackson
Datc: 401%.tember 8, 2006
1i
�
ATTEST:
Signature:, A Title: City Clerk
Printed Name_Lorri Coody
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NAME OF ENTIT : Chambers County
Signature: Title: Co c.4 n-fy
Printed Name:
Date: Sark. 12 Z"nc
ATTEST:
Signa y�'�`J ' dt ,,,i Title:
Printed .me: M HTO'
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