2007-09-10 Regular Meeting, Public Hearing and Workshop Meeting

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EMERGENCY ASSISTANCE COMPACT STATE OF TEXAS -TY OF LA PORTE WHEREAS, the City of La Porte, Texas, having a principal address at 604 West Fairmont Pkwy., La Porte, TX 77571 ("La Porte") fmds it to be in its best interest to have mutual aid agreements and/or emergency assistance agreements with other local governmental bodies and private entities in the state and region, WHEREAS, the City of La Porte has determined that a portion of undeveloped land located at 190 1 Avenue H & 16th Street, La Porte, Texas 77571, more particularly shown and described as Tracts A, B, and C on "Exhibit A" attached hereto ("Emergency Acreage") and owned by PPG Industries, Inc. ("PPG"), a Pennsylvania corporation having a corporate mailing address at One PPGPlace, Pittsburg, PA 15272 would provide a suitable location for a debris management site during periods of emergency, and PPG Industries, Inc. desires to lend its support to the City of La Porte during such periods of emergency, as available NOW, THEREFORE, in consideration of the above recitals and the covenants contained herein, the City of La Porte, Texas and PPG Industries, Inc. hereto agree as follows: 1. PPG hereby agrees to provide disaster assistance to La Porte, to the extent PPG is reasonably able to, which may be requested by La Porte during the existence of emergency conditions, including a natural disaster, as defined by Texas law. The assistance rendered shall consist of the right to utilize the Emergency Acreage owned by PPG for the purpose of the temporary placement and storage of non- hazardous (as defined in applicable Federal and Texas law) debris for such period of time as a declared emergency remains in effect, as set forth in Paragraph 2, below. 2. The right and privilege of the City of La Porte to utilize the Emergency Acreage under the terms of this agreement shall accrue, and all other provisions of this agreement shall be activated, during a declared state of emergency by the government of the City of La Porte, or by the State of Texas or the U. S. Government, when applicable to La Porte. 3. Personnel of the La Porte and contractors hired by La Porte shall remain employees or contractors of the City of La Porte, as the case may be, and at all times shall be under the direct control and supervision of La Porte or its designee. La Porte will also provide and be solely responsible for the payment of compensation and all other benefits, as applicable, to said employees and/or contractors. 4. La Porte or its designee will provide a list of employees, equipment and contractors upon request to PPG during an emergency period, to the extent it is reasonably able to do so. La Porte agrees to return all real or personal property of PPG used by La Porte to previous conditions after any emergency period as reasonably existed prior to such emergency, to the extent that is necessary, to include without limitation the repair or installation of pens, roads and fences to be 5 strand or 4 point American wire with poles every 10 feet and two stays between posts with gates as and where needed. La Porte agrees to abide by all rules and regulations set forth by federal and state agencies having jurisdiction over environmental operations. 5. La Porte will maintain workers compensation coverage for its employees and liability coverage for its -- vehicles and equipment. La Porte agrees to maintain adequate liability insurance for all other aspects of its operations, employees, and equipment, as required.