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Ordinance No. 11,057ORDINANCE NO. 11.057 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR TRAINING AND FOR TILE USE OF COUNTY - OWNED STRUCTURAL COLLAPSE AND TECHNICAL RESCUE EQUIPMENT: 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 Baytown, Texas, hereby authorizes the City Manager to execute and the City Clerk to attest to an Interlocal Agreement with Harris County for training and for the use of County -owned Structural Collapse and Technical Rescue Equipment. 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 or e City Council of the City o n this the 22 "d day of January, 2009. ��\YTr'f a; i O, ........,,tir ST HEN H. DONCARLO Mayor E DARNELL, City Clerk APPROVED AS TO FORNI: CTO�qACIO RAMIREZ. SR.. (it Attorney ,`cobsry l 1Legal\Karea,Files City Council\Ordinances'1009 Januan 22' lnterlocal t.County4Trainmgandstruct uralCol lapse&TechnicalRescueEquipment doc Exhibit "A" AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § THIS AGREEMENT, made and entered into by and between Harris County, Texas ( "County"), acting through its governing body the Harris County Commissioners Court. and the City of Baytown, a home -rule municipality located in Harris and Chambers Counties. Texas, acting through its governing body the City Council ("User "). RECITALS: Harris County has received certain Urban Area Security Initiative ("UASI ") sub- recipient funds as part of the federal Homeland Security Grant Program (Award Numbers 2005 UASI — 48201 and 2005 HSGP — 48201) ("the Grant Awards'). The Grant Awards are to be used to provide law enforcement and emergency response communities with enhanced capabilities for preparing and responding to potential threats of manmade and natural disasters. The Grant Awards are to be used to provide law enforcement and emergency response communities with enhanced capabilities for detecting, deterring. disrupting, and preventing acts of terrorism as described in Federal Program Guidelines published by the United States Office for Domestic Preparedness ( "ODP" ), specifically: planning, equipment, training and exercise needs as specified in the Grant Awards. Harris County desires to provide certain law enforcement and emergency response agencies with certain Structural Collapse and Technical Rescue equipment for preparing and responding to potential threats of manmade and natural disasters within the Greater Houston UASI region including Harris County, Ft. Bend County, Galveston County, and Montgomery County. The Commissioners Court of Harris County finds that the provision of such equipment supports a public purpose of Harris County and of the recipient law enforcement and emergency response agencies to preserve property and to protect the public health of the residents within the Greater Houston UASI region. User has previously furnished law enforcement or emergency response services within the Greater Houston UASI region, and User is willing to use the Structural Collapse and Technical Rescue equipment provided by Harris County to furnish law enforcement and emergency response services within the Greater Houston UASI region for preparing and responding to the potential threats of manmade and natural disaster under the terms of the federal Grant Awards. User represents that it holds all necessary licenses and certifications to perform such services and is qualified by education and experience to provide such services. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: C.A. File No. 06GEN1793 TERNIS: 1. SCOPE OF SERVICES County grants User permission to use and operate County -owned Structural Collapse and Technical Rescue equipment (the "Equipment "), which is specified in the Equipment List attached hereto and incorporated herein. With respect to the care, custody, and use of the Equipment, which may be furnished hereunder, Harris County and the User agree as follows: (a) The Equipment shall at all times be and remain the property of Harris County. User shall not permit or suffer any lien or encumbrance upon the Equipment or take any other action inconsistent with Harris County's title thereto. Each item of the Equipment will have a tag that identifies the item as the property of Harris County, and states that the item was "purchased with funds provided by the U.S. Department of Homeland Security." User must not remove the tags and must assure that the tags remain on each item of the Equipment at all times. (b) The Equipment may be used only for law enforcement and emergency response services as specified in the Grant Awards (2005 UASI — 48201 and 2005 HSGP — 48201), Information Bulletins issued from time to time by the United States Department of Homeland Security, and subsequent grant awards under the I-fomeland Security Grant Program for the Urban Search and Rescue Structural Collapse Program. (c) Each item of the Equipment must be inventoried by User and made available on demand to representatives of the Harris County Office of Homeland Security and Emergency Management ("HCOHS &EM "), the Governor's Department of Emergency Management, and the Harris County Fire Marshal, unless the Equipment cannot readily be made available at the time of the demand due to the Equipment being in use, repaired, replaced or otherwise programmed for use by the User. User agrees to assist the Office of the Harris County Fire Marshal in performing a physical inventory at least annually that shall include providing the Fire Marshal with all records related to the Equipment. (d) User shall provide suitable storage for the Equipment when not in use and shall secure and endeavor to protect the equipment against damage, loss, or theft. (e) User shall keep and maintain the Equipment in first class working order and repair at all times and return the same to Harris County in as good condition as when received, ordinary wear and tear under prudent usage excepted. (f) In the event that any of the Equipment may be lost or stolen or may be damaged or destroyed by collision, fire, windstorm, or any other act of God or casualty occurrence, similar or dissimilar, User shall promptly cause said Equipment to be repaired to first class working order or replaced. Any replacement unit becomes the property of County and is controlled by the terms of this Agreement and the Grant Awards. (g) User shall not alter or modify or pen-nit the alteration or modification of the Equipment in any respect without the express written permission of the Fire Marshal. In all uses of the Equipment, User shall operate the Equipment in a safe manner as governed by conditions including weather and traffic. (h) User expressly agrees to hold County harmless from and against any claims or suits arising in any manner out of its custody and use of the Equipment. (i) User shall use the Equipment exclusively for the law enforcement or emergency response purposes for which they are intended in accordance with the terms of this Agreements and the Grant Awards. 0) User shall neither charge a fee for the use of nor derive any profit from the Equipment furnished hereunder, if any, provided that nothing in this clause shall be construed to prohibit User from charging other lawful fees or soliciting voluntary contributions for the furtherance of its law enforcement or emergency response purposes. (k) User shall promptly advise the Fire Marshal of any accident, mechanical failure, or other occurrence that may render any of the Equipment temporarily or permanently unfit for service. The Fire Marshal and/or any of his deputies shall have the right to inspect the Equipment at all times without prior notice to User. User shall at all times keep the Fire Marshal advised as to the place of storage of the Equipment. If the storage place is equipped with a lock, User shall provide the Fire Marshal at the time of the inspection with a key or combination to open the same. (1) User shall furnish and make available the Equipment, subject to the limitations described in subsection (c) above, and personnel, to the extent the User has available adequately trained personnel, who are not otherwise needed within the User's incorporated limits or elsewhere as determined by the User's fire chief, to operate the same for law enforcement or emergency response services upon the request of the Fire Marshal and/or any of his deputies. Failing to provide the Equipment or personnel pursuant to this subsection shall not be deemed a breach of this agreement and shall not result in any liability to the User. (m) County may repossess the Equipment furnished hereunder, if any, at any time with prior notice to User and neither Harris County nor its officers, agents, or employees shall be guilty of any trespass or conversion for the entry onto the premises where the Equipment may be situated and the use of such reasonable force as may be necessary for such purpose. (n) User shall comply with all federal, state, and Harris County laws, rules, and regulations. II. NIMS AND MUTUAL AID AGREEMENTS User understands and agrees that Harris County will not provide any of the Equipment to User until and unless User provides County with proof acceptable to the Fire Marshal that User has adopted the National Incident Management System ( "NIMS ") and has entered into Mutual Aid Agreements with neighboring law enforcement and emergency response agencies giving User authorization to respond anywhere in the Greater Houston UASI region including Harris County, Ft. Bend County, Galveston County, and Montgomery County. III. TERM The term of this Agreement shall be one (1) year beginning upon execution by a duly authorized representative of each Party. This Agreement shall automatically renew for successive one -year terms until tenninated by the Parties. Upon the expiration of the various grant periods, the corresponding obligations as to the Equipment and /or services shall expire. Upon such expiration. title to the Equipment shall vest automatically in the City and the parties shall relieved of all further obligations under this A -greement as to the Equipment vested. Either Party may terminate this Agreement upon 30 days written notice to the other Party or at any time by written agreement of the Parties. IV. NOTICE Any notice required or permitted to be given to User by County may be given by certified United States mail. return- receipt requested, postage - prepaid. addressed to: _City of Baytown P.O. Box 424 Baytown, TX 77522 Attention: City Manager With a copy to: Baytown Fire and Rescue Services P.O. Box 424 Baytown, TX 77522 Attention: Fire Chief Any notice permitted or required to be given to County by User may be given by certified United States mail, return receipt- requested, postage prepaid, addressed to: Harris County 1001 Preston, 9th Floor Houston. Texas 77002 Attention: County Judge With a copy to: Harris County Fire Marshal's Office 2318 Atascocita Road Humble, Texas 77396 Either Party may change its address by giving notice to the other Party in writing. Any notice mailed by certified United States mail, return - receipt requested, shall be deemed given upon deposit in the United States mail. V. LIMITATION OF LIABILITY Prior to execution of this Agreement, Harris County has advised User and User clearly understands and agrees, such understanding and agreement being of the absolute essence of this 4 Agreement, the Harris County has certified no funds under this Agreement and User shall no cause of action for money against Harris County under this Agreement. VI. INDEPENDENT CONTRACTOR It is agreed that in the performance of all obligations undertaken by this Agreement, User is an independent contractor with the right to supervise, manage, control, and direct the performance of law enforcement and emergency response services. Harris County shall have no right under this Agreement to direct or supervise User or its agents or employees in the performance of such services or as to the manner, means. or methods in which the services are performed. VII. ENTIRE AGREEN 11ENT This instrument constitutes the entire agreement between the Parties hereto relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning the Agreement shall be of no force or effect except a subsequent modification in writing signed by the Parties. User shall not assign the duties and obligations of this Agreement without the express written consent of County. VIII. GOVERNING LAW AND VENUE This Agreement is governed in all respects by the laws and Constitution of the State of Texas. Exclusive venue is in Harris County, Texas. IX. PUBLIC INFORMATION User expressly acknowledges that County is subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and notwithstanding any provision in this Agreement to the contrary, Harris County will make any information related to this agreement or otherwise available to third parties in accordance with the Public Information Act. X. WAIVER OF BREACH Waiver of a breach of any provision of this Agreement is not a waiver of any subsequent breach. XI. NO PERSONAL LIABILITY Nothing in this Agreement may be construed as creating any personal liability on the part of any officer, director, employee or agent of any public body that may be a party to this Agreement and the parties expressly agree that the execution of this Agreement does not create any personal liability on the part of any officer, director. employee or agent of Harris County. IN WITNESS WHEREOF, this instrument has been executed on behalf of Harris County by a duly authorized representative of Harris County and on behalf of by a duly authorized representative of APPROVED AS TO FORM: MIKE STAFFORD County Attorney MARVA GAY Assistant County Attorney ATTEST: BY: KAYTHIE DARNELL City Clerk 6 HARRIS COUNTY, TEXAS By: ED EMMETT County Judge Date Signed: CITY OF BAYTOWN, TEXAS GARRISON C. BRUMBACK City Manager Date Signed: EQUIPMENT LIST `v'ir � CS .. 4 r'i p. � _ f.�;' .:� ' .�