Ordinance No. 11,333ORDINANCE NO. 11,333
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 A MEMORANDUM OF UNDERSTANDING WITH GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR MUTUAL
ASSISTANCE IN PROVIDING FOR EMERGENCY SHELTERS, FACILITIES FOR
LARGE PUBLIC GATHERINGS, JOINT GRANT APPLICATION AND
MANAGEMENT, AND OTHER EMERGENCY AND PREPAREDNESS
ACTIVITIES: 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 City
Manager to execute and the City Clerk to attest to authorizing a Memorandum of Understanding with
Goose Creek Consolidated Independent School District for mutual assistance in providing for emergency
shelters, facilities for large public gatherings. joint grant application and management. and other
emergency and preparedness activities. 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 vo e City Council of the City of
Baytown, this the 25'h day of March. 2010.
A%
A Ea
D. Deputy City Clerk
APPROVED AS TO FORM:
d]NAIACIO RAMIREZ. SR., C*tlottorney
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ST
CAR-LOS, Mayor
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
FOR SHELTER AND PUBLIC MEETING ACTIVITIES
This Memorandum of Understanding (MOU) is made and entered into between the City
of Baytown, hereinafter referred to as the "City," and Goose Creek Consolidated Independent
School District, hereinafter to as the "District."
RECITALS
WHEREAS, The City desires the assistance of volunteer and charitable
organizations in providing shelter and mass care for the members of government
or the public affected by emergency situations; and
WHEREAS, the City also desires the access to large space structures and
facilities for the use of City - sponsored public education and information
gatherings, hearings, or other meetings that exceed the capacity of typical City
meeting facilities; and
WHEREAS, the District wishes to volunteer its resources for such
purposes during emergency situations and in support of the City's public
education and information gatherings; and
WHEREAS, the purpose of this memorandum is to outline the actions that
each party is willing to undertake with respect to shelter and mass care operations
and City - sponsored public infirmation or education gatherings as a basis for
further planning and preparation by both parties:
NOW THEREFORE, the parties to the MOU Parties do hereby make and enter into the
following agreements:
I. District Obligations. When requested by an authorized representative of the City, the
District will use its best efforts to provide the following services:
a. Provide temporary shelter(s) for City employees;
b. Participate in pre - disaster shelter and mass care planning with the City;
c. During the emergency operations, provide periodic reports on its shelter and mass
care activities as requested by the City's Director of Emergency Operations;
d. Provide access to school(s) or facilities deemed appropriate by the District, in support
of large City - sponsored public education or information gatherings;
e. Partner with City Officials in application, accepting, and managing grant projects that
enhance District and /or City programs or facilities: and
f. Other support and assistance activities that are deemed appropriate by the District's
Superintendent and as requested by the City.
2. City's Obligations. The City will use its best efforts to:
a. 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;
b. Provide for security, police, and/or law enforcement for shelter and mass care
facilities or large public gatherings;
c. Provide for fire and life- safety inspections for shelter and mass care facilities or large
public gatherings;
d. Provide for traffic control in the vicinity of shelter and mass care facilities or large
public gatherings;
e. Provide information to disaster victims through the media on what they should bring
and should not bring to shelter and mass care facilities;
f. Arrange and /or coordinate transportation for shelter and mass care equipment and
supplies that cannot be transported by the District;
g. Coordinate with state and federal agencies or other vendors to obtain supplementary
food supplies, if required;
h. To the extent possible, ensure utilities are operable at shelter and mass care facilities;
i. Provide updated information on the emergency situation to shelter managers to be
passed on to shelter occupants;
j. Provide for rapid and timely reasonable restoration and replacement of District
property and facilities used or damaged by shelter operations or large public
gatherings;
k. 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 if funds
be appropriated by the City for this purpose; and
1. Partner with City Officials in application, accepting, and managing grant projects that
enhance District and/or City programs or facilities.
3. Confidential Information. The City and the District agree to the following to hold all
documents and records relevant to this MOU as confidential, EXCEPT to the extent that
disclosure is required by Federal or State law, including the Texas Public Information
Act, hereinafter referred to as the "Act." Notwithstanding the foregoing, in the event that
either party to this MOU is required to furnish information or records pursuant to The
Act, each party shall furnish to the other all such information and records in its
possession that arc responsive to the required release.
4. General Provisions.
a. 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.
b. This MOU is made in Texas and shall be construed, interpreted, and governed by the
laws of Texas. The parties consent to the jurisdiction and venue of the courts of
Harris County, Texas for any action under this MOU.
c. No assignment of this MOU or of any duty or obligation of performance hereunder,
shall be made in whole or in part without prior written consent of the other party.
d. Each party represents and warrants to the other that the execution of this MOU has
been duly authorized, and that this MOU constitutes a valid and enforceable
obligation of such party according to its terms.
e. This MOU constitutes the sole and only agreement of the parties hereto related to
shelter and public meeting activities for emergency situations and superseded any
prior understandings of written or oral agreement between the parties with respect to
the subject matter herein.
f. No amendment or alteration of the terms hereof shall be binding unless the same be in
writing, dated subsequent to the date hereof, and duly executed by both parties hereto.
g. Notwithstanding anything to the contrary contained in this MOU, the City and the
District hereby agree that no claim or dispute between the City and the District arising
out of or 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. Section 1 — 14), or any applicable State arbitration statute, including, but not
limited to, the Texas General Arbitration Act.
h. Both the City and the District, besides all other rights or remedies they may have,
shall have the right to terminate this Agreement with or without cause upon sixty(60)
days' written notice; provided that no such termination shall occur during a state of
local disaster.
In witness of these understandings, the authorized representatives of the District and the
City have fix: .'their signatures to this MOU, which shall become effective and operative upon
the fixing o re last signature hereto and shall remain in effect until such time that the same is
terminated
L 3/2Oks
M. 'or, • of Baytown Date
Goose Creek C :P Date
Superintendentff Sc ools
App oved as to For :
wn City tt e Date
A-i
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oose Creek CI ttorney Date
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