Ordinance No. 11,348ORDINANCE NO. 11,3418 AN ORDINANCI`: (WTHE, CITY COUNCIL OF THE CITY Of," B.AYTOWN, TEXAS, AUTHORIZING AND DIRI`ICTING THH' CH"Y NIANAGFIR TO I,',XECUTF--' AND CITY C1.1"RK TO TT 'ST TO AN INTERLOCAL 11 AGREF"NIENT WITH HARRIS COUNTY l,�1N/1l:1`RGF,'1NCY MANAGEM11" ' NT FOR PRE AND POST-DISASTER MUTUAL All); AND PROVIDING I"OR THE EFFECTIVF', DATEITHEM.'-01". BE IT ORDAINI"D, 13Y T1111' CITY COUNCIL OF THE CITY 01' BAYTOWN, TFIXAS: Section I "I'Nat tile City ouncil of the City of Baytown llcreby authorizes and (Jjj�eCtS the City M,111agC1't0 CNCCUtCand the City Clerk to attest to an Interlocal Agreenlelit with I kffl-k COUnty Emergency Managenicilt for Pre and POSI-DiSlSiff MUtUal Aid. A copy of the agreement is attached herelo, markcd F.xhibit "A," and niade a part hereof for all intents and purposes. Section 2: This ordinanceshall talc effect immediately fi-orn Land rafter its passage by tile City Council oflac City of Baytown. IKTRODUCI D, RIIAD and PASSI..-.D by the affivniative w t "f the City Council of the City cif Baytown this the 22"'t day ot'April, 2010. S'1'1"11)1 ""IN'N7+) 'NC ARLOS, Mayor 1 11, .1 1, --11— APPRONT"D AS TO FORIM: iNACIO RAMIREZ, SR., .,'ty Attorney 14 Cay Cmlnol bc Exhibit "A" INTERLOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § THIS INTERLOCAL AGREEMENT (the "Agreement") is made and entered into by and between the City of Baytown, Texas (the "City"), acting by and through its governing body, and Harris County, Texas, acting by and through its governing body, Harris County Commissioners Court. This Agreement is made pursuant to chapter 791 of the Texas Government Code (the Interlocal Cooperation Act) and chapter 418 of the Texas Government Code (the Texas Disaster Act of 1975) to the extent it applies to this Agreement. RECITALS: The Parties hereto recognize the vulnerability of the people, communities and schools located within Harris County, Texas, to damage, injury, and loss of life and property resulting from natural or man -made catastrophes, riots, or hostile military or paramilitary action, and other emergencies. The full and effective utilization of the resources available to the City of Baytown, Texas, and Harris County is necessary for the prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster. Chapter 791 of the Texas Government Code authorizes interlocal agreements between local governmental entities such as the City of Baytown and Harris County. Chapter 791 authorizes such entities to contract for emergency assistance, section 791.27; governmental functions and services, section 791.011, including police protection and detention services, public health and welfare, planning, administrative functions, and other governmental functions in which the contracting entities are mutually interested, section 791.003(3), such as those provided in chapter 418 of the Texas Government Code. Section 418.107(c) of the Texas Government Code provides that a political subdivision may render aid to other subdivisions under mutual aid agreements. Harris County and the City of Baytown, Texas, find that entering into an Interlocal Agreement for mutual aid serves a public purpose of Harris County and of the City of Baytown. The Parties hereto desire to enter into an agreement to provide mutual aid consistent with the mutual aid and emergency assistance plans developed by their emergency management agencies and approved by the governing bodies of the City of Baytown and Harris County. NOW, THEREFORE, the City of Baytown, Texas, and Harris County, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: C.A. File No. 09GEN1487 TERMS: I. The City and Harris County shall each appoint an Emergency Management Coordinator to take all steps necessary for the implementation of this Agreement. II. It shall be the duty of each Party to formulate emergency management plans and programs that incorporate the use of available resources, including personnel, equipment, buildings, and supplies necessary to provide mutual aid and emergency assistance. The plan, approved by the governing body of each Party, shall be submitted to the Governor's Division of Emergency Management. This Agreement shall apply to the dispatch of emergency service responses by either or both Parties in response to a disaster as that term is defined in section 418.004 of the Texas Government Code, and in response to actual and imminent incidents that endanger the health, safety, or welfare of the public and require the use of special equipment, trained personnel, or personnel in larger number than are locally available in order to reduce, counteract, or remove the danger caused by the incident. This Agreement includes the provision of materials, supplies, equipment, and other forms of aid by and between the Parties including the staffing and equipping of emergency operations, and participation by personnel in exercises, drills, or other training activities designed to train and prepare for, cope with, respond to, or prevent the occurrence of any disaster. In carrying out emergency management plans and programs, the Parties shall, insofar as practicable, provide and follow uniform standards, practices and rules and regulations, including but not limited to the following: • Warnings and signals for exercises or disasters and the mechanical devices to be used in connection therewith. • Shutting off water mains, gas mains, and electric power connections, and the suspension of all other utility services. • Selection of all materials, equipment or buildings used or to be used for emergency management purposes to assure that such materials and equipment will be easily and freely interchangeable when used by either Party hereto. • The conduct of civilians and the movement and cessation of movement of pedestrian and vehicular traffic prior to, during, and subsequent to exercises or disasters. • The safety of public meetings or gatherings. It is acknowledged by both Parties that nothing in this Section or Agreement shall require or indenture either Party to alter any policy or procedure, to change, add or discontinue any service or service level, to purchase any item or equipment, or to otherwise encumber any expense. As further set forth below, each Party shall coordinate the emergency responses within its scope of responsibility under this Agreement. 2 Either Party, when requested to provide mutual aid or emergency assistance, may take such action as is necessary to provide and make available the resources covered by this Agreement in accordance with the terms hereof, provided however, the Party rendering aid (the "Responding Party") to the Party receiving assistance (the "Requesting Party") may withhold resources to the extent necessary to provide other necessary governmental functions for itself. When a request for emergency assistance is received, law enforcement, fire, emergency response personnel, and other resources shall be subject to the command and control of their respective agencies. However, the respective agencies shall coordinate their emergency responses and resources through the emergency management authorities of the Requesting Party. Any request for aid shall specify the amount and type of resources requested. However, the Responding Party shall determine the specific resources furnished. The personnel and resources deployed by the Responding Party shall report to the officer in charge of the incident and report through the incident chain of command. The Responding Party shall be released by the Requesting Party when the reserves of the Responding Parry are no longer required or when the resources are needed within the Responding Party's normal emergency service area. Each request for mutual aid assistance shall be made through the Emergency Management Office of the Requesting Party, after approval by the Requesting Party's chief executive or governing body, to the Emergency Management Office of the Responding Party. The regional headquarters of the Texas Department of Public Safety shall be notified immediately whenever mutual aid is requested pursuant to this Agreement. In the event of rapidly developing emergencies occurring near, but outside of the incorporated area of the City but within the unincorporated area of Harris County, the City's emergency response units may respond as they are able, without prior request of the County. The City's emergency response units will establish control of the scene until arrival of Harris County officials. Control will then be transferred to the County or to a Joint Command if such is established, however, the City's resources will remain on the scene as needed. Should an event occur inside the City and City emergency officials are not able to respond the County may respond as they are able and establish control of the scene until such time the City is able to accept the transfer of command. County resources will remain on scene as needed. Nothing in this Agreement is intended to or shall be construed to enlarge or restrict any powers, rights, or authority of the City or of the County. III. Nothing in this Agreement shall be construed as making either Party responsible for the payment of compensation and/or any benefits including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the other Party's employees and/or equipment. Nothing in this Agreement shall be construed as making the Requesting Party responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Responding Party. 3 IV. The mutual obligations herein shall constitute full compensation for all services, and neither Party shall be entitled to any reimbursement for assistance hereunder. Neither Party shall have any liability for failure to expend funds to provide aid hereunder. Each Party understands and agrees that neither Party has certified funds under this Agreement, and neither Party shall have a cause of action for money against the other Party under this Agreement irrespective of the nature thereof. The sole remedy for failure to provide aid in accordance with this Agreement or for breach of any provision of this Agreement is termination. V. Neither Party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Furthermore, neither the terns of Section III and Section IV, nor any other provision in this Agreement, shall prohibit either Party from seeking financial aid or in -kind reimbursement from any state or federal agency or program. Pursuant to section 421.062 of the Texas Government Code, the Responding Party is not responsible for any civil liability that arises from any act or omission made within the course and scope of its functions to provide a service under this Agreement that is related to a homeland security activity. The Parties understand and agree that the Requesting Party does not assume civil liability under any theory of law for the actions of the Responding Party in providing services hereunder. The condition of equipment provided hereunder is the sole responsibility of its owner. If the equipment is damaged or destroyed, the financial responsibility is the owner's and may be recovered through insurance acquired by the owner, or through any other resources available to the owner. The Requesting Party is not responsible for damage to equipment or injury to any person, or for the actions of the Responding Party. VI. This Agreement shall continue in force and remain binding on each Party until such time as the governing body of either Harris County or the City terminates this Agreement. The Parties mutually agree that the Party requesting termination shall notify the other Party, in accordance with the notice provision contained in Section VII, at least 90 days prior to any action taken to terminate this Agreement by either Harris County or the City. VII. Any notice required to be given under this Agreement shall be in writing and shall be duly served when it is deposited, enclosed in a wrapper with the proper postage affixed and duly certified, return- receipt requested, in a United States post office, addressed to Harris County or the City at the following addresses. 4 To Harris County: Harris County Harris County Administration Building 1001 Preston, Suite 911 Houston, Texas 77002 Attention: Harris County Judge With a copy to: Harris Office of Homeland Security & Emergency Management 6922 Old Katy Road Houston, Texas 77024 Attention: Emergency Management Coordinator To the City: City of Baytown, Texas 2401 Market Street P.O. Box 494 Baytown, Texas 77522 -0424 Attention: Office of the Mayor With a copy to: Baytown Office of Emergency Management 205 E. Wye Drive Baytown, TX 77521 -4130 Attn: Emergency Management Coordinator Either Party may designate a different address by giving the other Party ten days' written notice. VIII. The Parties shall observe and comply with all applicable federal, Texas, and local laws, rules, ordinances, and regulations affecting the conduct of services provided and the performance of obligations undertaken by this Agreement. In case any one or more provisions contained in this Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. I ON, The presiding officer of the governing body of each Party to this Agreement shall notify each Office of Emergency Management of the manner in which the Party is providing or securing an emergency management program, identify the person who heads the agency responsible for the program, and furnish additional pertinent information as requested. U This Agreement should be construed in a manner consistent with the Texas Disaster Act of 1975, chapter 418 of the Texas Government Code, and the Texas Interlocal Cooperation Act, chapter 791 of the Texas Government Code, as they may hereafter be amended. As used in this Agreement, the term "disaster" has the meaning given it in section 418.004 of the Texas Government Code. , XI. Mandatory and exclusive venue of any dispute between the Parties to this Agreement shall be in Harris County, Texas. XII. This Agreement is not intended to be an exclusive agreement, and each Party may enter into other similar agreements. Nothing in this Agreement shall be represented or construed to alter, supplant, or replace any other Mutual Aid Interlocal Agreement in place for events or incidents which do not rise to the definition of Disaster as that term is defined in section 418.004 of the Texas Government Code. 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 the City of Baytown, Texas,by an authorized representative of the City of Baytown, Texas. APPROVED AS TO FORM VINCE RYAN HARRIS COUNTY Harris County Attorney C�b< By: By: (,K ARVA GAY ED EMMETT Assistant County At rney County Judge Date Signed: MAY 2 5 2010 CITY OF B T WN EXAS At :. f ....TO* 4 ji /-A 10ti i� By: a .,, 9. :r, , I EPHEN H. DONCARLOS •�, Mayor i .to •.ned: /1. �A q le APPROVED AS TO FORM: ACID RAMIREZ, SR. City Attorney 6