04-13-15 Regular Meeting of La Porte City Council

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When mutual aid assistance will be provided for more than twelve (12) consecutive hours, the Requesting Party th shall, prior to the expiration of the twelfth (12) hour, confirm in writing to the Responding Party that the Requesting Party desires continued mutual aid assistance from the Responding Party. Notwithstanding the above, if, due to the nature of the emergency, disaster, or other condition requiring mutual aid, the Requesting th Party cannot confirm its request for continued mutual aid assistance before the expiration of the twelfth (12) hour, the written request must be sent as soon as practicable, but in all cases, within ninety (90) days of the verbal request. III. Nothing in this Agreement shall be construed as making either Party responsible for the payment of compensation and/or any benefits including, but not limited to, and/or dismemberment insurance , contractors, vendors, or other workers. Nothing in this Agreement shall be construed as making either Party responsible for the payment of property, motor vehicle, or other insurance, on the other P assets. IV. Notwithstanding Section III of this Agreement, if a Party hereto requests mutual aid assistance that requires a response that exceeds twelve (12) consecutive hours, the Requesting Party shall reimburse the Responding Party its actual cost for providing mutual aid assistance to the Requesting Party after the first twelve (12) hours, including costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation, provided that, in no event shall the cost for a service or item be greater than the rate, as such rates are amended from time to time, set by the Federal Emergency Management Agency (FEMA) for the substantially same service or item. FEMA rates are available at http://www.fema.gov The Parties mutually agree that a Responding Party shall not be entitled to and will not seek reimbursement from a Requesting Party for either: (a) assistance provided that does not exceed twelve (12) consecutive hours or (b) for assistance provided during the initial twelve (12) hours of the response. Each Party hereto agrees to comply with such statutory and constitutional provisions, or other contracts, rules, regulations, ordinances, guidelines, procedures, or conventions, as apply to it with regard to the appropriation of funds for the payment of contractual obligations. Each Party hereto understands and acknowledges, that funds thereof, are available to the extent such funds are appropriated by Order of Harris County Commissioners Court, and certified as provided by law, by the Harris County Auditor, as available from current funds set aside in the annual budget in which the expenditures are incurred before expenditure of such funds. It shall be the responsibility of each Responding Party to assure itself that sufficient funds have been allocated to pay for the services provided. In the event either Party fails to appropriate sufficient funds to perform its obligations arising out of or in relation to this Agreement, the Parties acknowledges and agrees that their sole and exclusive remedy is to terminate participation in this Agreement. th The Responding Party is responsible for the work it performs under this Agreement. No later than the 90 day after services are performed under this Agreement, the Responding Party shall submit an invoice to the Requesting Party. Supporting documentation as mutually agreed upon will be supplied. The Responding Party shall maintain auditable records verifying each service or item and the dates provided. The Responding Party 4