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Ordinance No. 10,714ORDINANCE NO. 10,714 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE CITY OF HUMBLE FOR SHORT-TERM SHELTER OF ESSENTIAL EMPLOYEES DURING AN EMERGENCY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Bay town, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to an Interlocal Agreement with the City of Humble for short-term shelter of essential employees during an emergency. A copy of said agreement is attached hereto, marked Exhibit "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 vot^of the City Council of the City of Baytown this the 13lh day of September, 2007. STEPHEN H. DONCARLOS, Mayor APPROVED AS 10 FORM: AGIO RAMIREZ, SR., City^torney K:\Karen\Mcs\CityCouncirvOrilinanccs\2U07\Septernber l3\liiterlocalAgrcenicntWiihHumble4Shcltcr.doc Exhibit "A" INTERLOCAL COOPERATION ACT AGREEMENT BETWEEN THE CITIES OF BAYTOWN AND HUMBLE FOR SHORT- TERM SHELTER This AGREEMENT is entered into by and between the City of Baytown, Texas and the City of Humble, Texas pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act") and under Chapter 421, Texas Government Code. WITNESSETH WHEREAS, the City of Humble ("Humble") has agreed, at the request of the City of Baytown to receive and accommodate essential employees from the City of Baytown, and WHEREAS, the City of Baytown ("Baytown") desires to have adequate emergency response provisions in place in the event of a declared state of emergency and mandatory evacuation of its essential personnel; and WHEREAS, in the event of an emergency, it may be necessary for Baytown to evacuate and transport approximately 300 essential employees to short-term shelter at a remote location; and WHEREAS, in such an event, Humble will provide short-term shelter for these Baytown essential employees subject to the terms and conditions as specified in this Interlocal Agreement; and WHEREAS, pursuant to the Act, Baytown is authorized to contract with eligible entities to perform government functions and homeland security services; and WHEREAS, Humble is an eligible entity under the Act and desires to contract with Baytown on the terms described herein; and WHEREAS, the parties agree that the respective rights, duties, and obligations, regarding this joint project are as specified in this Interlocal Agreement (the "Agreement"); NOW THEREFORE, For and in consideration of mutual covenants, obligations, and benefits hereunder, the parties do hereby agree as follows: I. STATEMENT OF RESPONSIBILITIES: A. CITY OF BAYTOWN: 1. Baytown shall be responsible for providing or securing transportation for approximately 300 essential employees seeking transportation to and from Humble during a mandatory evacuation. 2. Baytown shall be as self-sufficient as possible, providing mass feeding and other appropriate support necessary for the health and well-being of it's staff either directly or through contracted services. 3. Baytown agrees that should there be a need to shelter its essential employees after the termination of an evacuation order and Baytown can open its own local shelters, it will do so as soon as possible and will take back employees sheltered in Humble under this Agreement on a first priority basis. 4. Baytown agrees to cooperate with Humble in the process of seeking FEMA and State direct reimbursement for the services provided under this Agreement. B. CITY OF HUMBLE: 1. Humble shall provide short-term shelter for a period of time, not to exceed seven (7)calendar days, for approximately 300 Baytown essential employees. Humble reserves the right to determine the location(s)of the shelter facility(ies). Humble will operate the designated facility(ies) only so far as providing access to the facility(ies)and providing basic instructions and guidance as to the permitted use of the facility(ies). 2. Humble may provide certain services and resources delineated in this agreement through cooperating entities. II. COSTS: Baytown and Humble shall be solely responsible for the planning, support, and all aspects of the operations and the services respectively performed by each one and contemplated by this Agreement, including all legal and financial obligations without limitation, including those of their employees and agents. Each Party agrees to cooperate in the process of seeking FEMA and State direct reimbursement for the services provided under this Agreement. In the event neither FEMA nor the State reimburses Baytown or Humble for the operations of the essential employee shelter, the Parties agree that any payment for the performance of services detailed in this Agreement shall be made from current revenues available. III. MANAGEMENT OF SERVICES: A. Baytown will use its best efforts to provide Humble sufficient advance notice of Baytown's intent to declare a mandatory evacuation of its essential personnel. The Baytown City Manager or his designee shall be responsible for communicating its intent to implement this Agreement. Baytown will provide Humble notice of the number of buses and individuals being transported and the estimated time of arrival. B. In the event that extraordinary or major modifications to the terms of this Agreement are necessary during the performance of this Agreement, direct communications shall be undertaken between the City Managers of each city to establish the modifications, which will be reduced to writing and signed by the parties. Minor or routine modifications shall be accomplished through the designated contract administrators. IV. TERM OF AGREEMENT c t as Vise provided herein, this Agreement is effective on the day of \U , 2007, and shall continue thereafter until this Agreement is terminated by either party after providing at least 90 days' advance written notice. 2 V. LIABILITY: NO WAIVER OF IMMUNITY A. To the extent authorized by the Constitution and laws of the State of Texas, the parties agree that each shall be responsible for its own actions and those of its employees pursuant to and within the scope of this Agreement or amendment thereto. It is expressly understood and agreed by the parties that neither shall be held liable for the actions of the other party or any of the other party's employees while in any manner furnishing services hereunder. B. It is expressly understood and agreed that under this Agreement neither party waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. C. In providing services under this Agreement, Humble is furnishing homeland security services and shall not be responsible for any civil liability arising from the furnishing of such services if the requisites of Section 421.062 of the Government Code are satisfied. VI. MUTUAL AGREEMENTS A. Entire Agreement. This agreement sets forth the entire agreement between the parties with respect to the subject matter hereof, and all prior discussions, representations, proposals, offers, and oral or written communications of any nature are entirely superseded hereby and extinguished by the execution of this Agreement. No modification of,or waiver of any right under,this Agreement will be effective unless it is evidenced in a writing executed by authorized representative of each party to this Agreement. B. Severability. The phrases, clauses, sentences, paragraphs or section of this Agreement are severable and, if any phrase,clause, sentence,paragraph,or section of this Agreement should be declared invalid by the final decree or judgment of any court of competent jurisdictions, such invalidity shall not affect any of the remaining phrases, clauses, sentences,paragraphs and sections of this Agreement. C. Notice. Any notice required to be given hereunder shall be in writing and delivered to the addresses and titles set forth below by certified mail(return receipt requested), a recorded delivery service, or by other means of delivery requiring a signed receipt. All notices shall be effective upon receipt. The addresses provided herein may be changed at any time on prior written notice. Baytown: City Manager City of Baytown 2401 Market Street P.O.Box 424 Baytown, TX 77522-0424 Humble: City Manager City of Humble 114 W.Higgins Humble, TX 77338 3 D. Assignment: Neither party may assign this Agreement without the prior written consent of the other party. E. Administration. This Agreement shall be administered by the appropriate persons, on behalf of Baytown and Humble, as appointed by them to perform such duties. Each party paying for the performance of governmental functions or services under this Agreement, agrees that it will make those payments from current revenues available to the paying party and represents that there are sufficient current revenues to make such payments. The Parties mutually agree to seek Federal Emergency Management Agency (FEMA) and State direct reimbursement for the transportation and shelter operations. THE PARTIES UNDERSTAND THAT THE AGREEMENTS MADE HEREIN WILL BE UNDERTAKEN DURING A TIME OF GRAVE PUBLIC EMERGENCY, THAT THE PARTIES' OBLIGATIONS ARE EXPRESSLY SUBJECT TO ALL ORDERS ISSUED BY LAWFUL AUTHORITY,THAT VEHICLES AND SHELTERS MAY BE DIVERTED OR DELAYED DEPENDING ON THE CONDITIONS AT THE TIME, AND THAT THE PARTIES CAN ONLY AGREE TO USE THEIR BEST EFFORTS TO FULFILL THIS AGREEMENT. The UNDERSIGNED PARTIES do hereby certify that, (l) the responsibilities specified above are properly within the statutory functions and programs of the parties to this Agreement, (2)the parties hereto are legally authorized to perform the required duties of the Agreement and, (3)this Agreement has been duly authorized by the governing bodie of Humble and Baytown. EXECU day of2007. CI ' P B'`• '•WN CITY OF HUMBLE lAr.) 172-1-71L12--- By: / l y: DAfdelt- BoesU.d Title: City Manager Title: CIt"4 AAiso3 "4-et-- YTO(q, � � 20OFT 9Z 0 O.f''" ."'N: �:. (Date) • .)• l v; .4i' ATT J.T: �•""•"'"f ,' By: LORRI SODY y: Sum • N la(, Title: City Clerk Title:0(tl( Seere,+a.ry ,1(Y\4 ' 61- (Dat (Date) R:\Karen\Fdes\Contracts\Humble Emergency Mgmt Contract\Baytown Humble Interlocal Agreement for Employee ShelterRevised.doc 4