Ordinance No. 11,933ORDINANCE NO. 11,933
® 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 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 of the City Council of the City of
Baytown, this the 26th day of April, 2012.
t
ATT ST:
OO Te
ETIC1A `RY'S'CH, Clerk
APPROVED AS
Cil ACIO RAMIREZ, SR., City A orney
\ \Cobfs0l\legal\Karen\Files \City Counci1\0rdinances\2012\Apri1 26 \GCCISDM0U.doc
CARLOS, Mayor
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
0 FOR SHELTER, PUBLIC MEETING ACTIVITIES, AND GENERAL ENHANCEMENT
OF SERVICES
This Memorandum of Understanding (MOU) is made and entered into between the City
of Ba own, 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 City and District wish to mutually enhance services that
are beneficial to both entities through shared efforts, such as procurement,
purchasing, supplies, and support services;
WHEREAS, the City and the District desire to enter into this MOU
pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal
Cooperation Act ") to set forth the terms and conditions upon by which each party
shall perform governmental functions and services during emergency situations or
in preparation therefor;
NOW THEREFORE, the parties to the MOU Parties do hereby make and enter into the
following agreements:
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 applying for, accepting, and managing grant projects
that enhance District and /or City programs or facilities;
Memorandum of Understanding for Shelter, Public Meeting
Activities, and General Enhancement of Services, Page 1
f. Provide purchasing supplies and support services, as requested by the City, which
® services shall meet or exceed all the State of Texas public procurement laws as they
apply to school districts;
g. Reimburse the City for goods, services, or support items requested by the District at
actual cost paid by the City; and
h. Provide other support and assistance activities that are deemed appropriate by the
District's Superintendent, 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;
1.
Partner with District Officials in application, accepting, and managing grant projects
that enhance District and /or City programs or facilities;
m.
Provide purchasing supplies and support services, as requested by the District, which
services shall meet or exceed all the State of Texas public procurement laws as they
apply to municipal governments;
n.
Reimburse the District for goods, services, or support items requested by the City at
actual cost; and
o.
Provide other support and assistance activities that are deemed appropriate by the
City Manager, as requested by the District.
3. Confidential Information. The City and the District agree to hold all documents and
records relevant to this MOU and marked confidential as confidential, EXCEPT to the
® extent that disclosure is required by law. Notwithstanding the foregoing, in the event that
Memorandum of Understanding for Shelter, Public Meeting
Activities. and General Enhancement of Services, Page 2
either party to this MOU receives a request for information marked confidential by the
® other party, the party receiving the request shall submit the request along with the
information to the Texas Attorney General and the party that marked the information
confidential shall be responsible to make arguments to the Texas Attorney General as to
why the information should not be disclosed. All parties agree that they will abide by the
decision of the Texas Attorney General. Each party shall furnish to the other all such
information and records in its possession that are 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.
The City and the District shall pay for the performance of the governmental functions
stated herein by the other party out of current funds available to the City or the
District, applicable. All payments required herein shall be in an amount that fairly
compensates the performing party for the services or functions performed under this
MOU.
c.
In case any one or more of the provisions contained in this MOU shall for any reason
be 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.
d.
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.
e.
In the event of any ambiguity in any of the terms of this MOU, it shall not be
construed for or against any party hereto on the basis that such party did or did not
author the same.
f.
No assignment of this MOU or of any duty, obligation, or expenses of performance
hereunder, shall be made in whole or in part without prior written consent of the other
party.
g.
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.
h.
This MOU constitutes the sole and only agreement of the parties hereto related to
shelter and public meeting activities for emergency situations and supersedes any
prior understandings of written or oral agreement between the parties with respect to
the subject matter herein.
i.
No amendment or alteration of the terms hereof shall be binding unless the same is in
writing, dated subsequent to the date hereof, and duly executed by both parties hereto.
j.
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.
k.
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)
® Memorandum of Understanding, for Shelter, Public Meeting,
Activities and General Enhancement of Services, Page 3
days' written notice; provided that no such termination shall occur during a state of
local disaster.
1. The parties acknowledge that they have read, understand and intend to be bound by
the terms and conditions of this MOU.
m. It is understood and agreed that this MOU may be executed in a number of identical
counterparts each of which shall be deemed an original for all purposes.
In witness of these understandings, the authorized representatives of the District and the
City have fixed their signatures to this MOU, which shall become effective and operative upon
the fixing of the last signature hereto and shall remain in effect until such time that the same is
terminated.
CITY OF BAYTOWN:
ROBERT D. LEIPER (Date)
City Manager
Date:
ATTEST:
LETICIA BRYSH.
City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
City Attorney
Memorandum of Understanding for Shelter, Public Meeting
Activities and General Enhancement of Services, Page 4
GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT
DR. TOBY YORK (Date)
Superintendent of Schools
Date:
Secretary
RICHARD A. PEEBLES
Legal Counsel for GCCISD