Ordinance No. 11,744ORDINAN( I I , L"I" N0. 11,744
AN ORDINANCE OFTHE ary COUNCIL of. THE CITY Oil-' BAYTOWN,
'I"F"XAS, AUTHORIZING AN INTERLOCAL AGREEMENTWITII HARRIS
COUNTY FOR ELI`1-'CTRONIC PIERSONAL ACCOUNTABILITY SYSTEM
] UIPMENTTO I"NIJANCI," TlII; (.,irys IZP'1SP0NSE TO POTEXHAL
111REATS OF MANMAIIA". AND NATURAL DISASTERS; AND
PROVIDIM FOR T1,11.1 EFFFCTIVE DATE THFREOF,
13E IT ORDAINED BY THE" CITY COUN(11, OF THE CITY OF BAYTOWN,
TEXAS-
Section 1: That the City COUnCil of' the City, of Baytown, Texas, hereby authorizes
the Cit.), Manager to execute an Interlocal Agreement with I larrIS County for Electronic Personal
Accountability Systern Equipment to enhance the City's response to potential threats of'
manniade and natural disasters. 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 1'rom and at'ler its passage by
the City Council cal` the City of Baytown,
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INTRODUCED. RFAD and PASSED by the aflirmative vole/
10f the City Council of the
City o1` Baytown this the 8"' day oJ* September, 2011. �
II EN II. DONCA Mayor
STI-1 I
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LET ICI X CityViel"k
APPROVI`�'D AS J t.y F'O R M:
All NACIU!f2--AMIREZ, SR., (01 Attorney
I'Septcrinbo SA31tc[k1,;:fl%vifl9 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
City of Baytown.
RECITALS:
Harris County has received certain Buffer Zone Protection Program — Chemical Sector ( "Chem
BZPP ") sub - recipient funds as part of the federal Homeland Security Grant Program (2006 -BZ-
T6 -0055) ("the Grant Awards "). The Grant Awards are to be used to provide emergency
response agencies with enhanced capabilities for preparing and responding to potential threats of
manmade and natural disasters. The Grant Awards are to be used to provide emergency response
agencies 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 emergency response agencies with certain interoperable
Electronic Personal Accountability System ( "EPAS ") 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 emergency response agencies to preserve
and protect the public health and property of the residents within the Greater Houston UASI
region.
User has previously furnished emergency response services within the Greater Houston UASI
region, and User is willing to use the interoperable Electronic Personal Accountability System
equipment provided by Harris County to furnish 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. 09GEN0116
TERMS:
I. SCOPE OF SERVICES
County grants User permission to use and operate County -owned Electronic Personal
Accountability System 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 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 emergency response services as specified in
the Grant Awards (2006- BZ -T6- 0055), Information Bulletins issued from time to time by
the United States Department of Homeland Security, and subsequent grant awards under
the Homeland Security Grant Program.
(c) Each item of the Equipment must be inventoried by User and made available
upon reasonable notice 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 ( "Fire Marshal "). 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
maintained by the City related to the Equipment.
(d) User shall install the Equipment at User's expense in accordance with
requirements of the Harris County Information Technology Center as such requirements
may be revised from time to time. Harris County shall provide the User a copy of these
requirements and all amendments thereto and afford the User a reasonable period of time
in which to comply.
(e) User shall provide suitable storage for the Equipment when not in use and shall
endeavor to secure and protect the equipment against damage, loss, or theft.
(f) 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 excepted.
(g) 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.
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(h) User shall not alter or modify or permit 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.
(i) User shall use the Equipment exclusively for the emergency response purposes
for which they are intended in accordance with the terms of this Agreement 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 soliciting voluntary contributions for the furtherance of
its 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 or employees shall have
the right to inspect the Equipment at all reasonable times with 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 with a key or combination to open the same.
(l) User shall furnish and make available the Equipment with personnel to operate
the same for emergency response services upon the request of the Fire Marshal and/or
any of his deputies if the Equipment and personnel are not needed to respond to
emergencies within its jurisdiction as determined at the sole discretion of the User.
(m) County may repossess the Equipment furnished hereunder at any time with or
with at least ninety days' written 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) County and User shall comply with all applicable federal, state, and Harris
County laws, rules, and regulations in the performance of their respective obligations
under this Agreement.
U. NIMS AND MUTUAL AID AGREEMENTS
User understands and agrees that 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 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.
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III. POSSESSION AFTER TERMINATION
Upon the termination or expiration of this Agreement, User shall return each item of the
Equipment in first class working condition, normal wear and tear excepted, to the Fire Marshal
along with records showing maintenance or repairs to the Equipment. In the event that User
remains in possession of the Equipment furnished pursuant to this Agreement beyond the
expiration of the term of this Agreement, such possession shall not be deemed to create a
renewal or extension of this Agreement, but shall only constitute a license to continue to use the
Equipment upon the terms set forth herein until such time as the Equipment is returned to or
repossessed by County.
IV. 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 terminated by the Parties. 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.
V. 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, Texas 77522
Attn: City Manager
With a copy to:
Baytown Fire Department
201 East Wye Drive
Baytown, TX 77521 -4130
Attn: 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, 9`h 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.
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VI. 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
Agreement, that County has certified no funds under this Agreement and User shall no cause of
action whatsoever for money against Harris County under this Agreement.
VII. 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 emergency response services. 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.
VIII. ENTIRE AGREEMENT
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.
IX. 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.
X. PUBLIC INFORMATION
User and County are subject to the Texas Public Information Act, Chapter 552 of the Texas
Government Code, and notwithstanding any provision in this Agreement to the contrary, the
parties acknowledge that any information related to this Agreement will be made available to
third parties in accordance with the Public Information Act.
XI. WAIVER OF BREACH
Waiver of a breach of any provision of this Agreement is not a waiver of any subsequent breach.
XII. 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 County or User.
XIII. PARTICIPATION
IN REGIONAL ELECTRONIC ACCOUNTABILITY PROGRAM
User agrees to become a participant in the Regional Electronic Accountability Program
contemplated under the Grant Award. User agrees to make available such personnel deemed
necessary and advisable by the User to receive training in the use of the equipment acquired as a
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part of the electronic accountability system. User also agrees to adopt such Standard Operating
Guidelines similar to those that may be developed by the steering committee for the project.
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 City of Baytown by a duly
authorized representative of City of Baytown.
APPROVED AS TO FORM:
VINCE RYAN
County Attorney
M
MARVA GAY
Assistant County Attorney
Attest for User
Print Name:
Title:
Date Signed:
HARRIS COUNTY, TEXAS
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ED EMMETT
County Judge
Date Signed:
City of Baytown
By:
Print Name:
Title:
Date Signed:
EQUIPMENT LIST
1 — Watchdog Unit with software
1 — Micro - Repeater Signal Booster
50 — T -Pass 4 with motion sensing & internal heat sensing
50 — Rehab keys