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Home My WebLink AboutO-2006-2937 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: /28/2006 Bud!!et Requested By: Source of Funds: N/A Department: Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Mutual Aid agreement COLP/LPISD Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Recommend approval ofthis mutual aid agreement between LPISD and COLP for disaster related services. LPISD will allow use of Baker Junior High or other school for essential disaster employees and use of buses for evacuation. Action Reauired bv Council: Approval Approved for City Council A!!enda De~~~ /3~a~Ju j/~d-lJ ~ Date ( ORDINANCE NO. 2006-~3' AN ORDINANCE APPROVING AND AUTHORIZING A MUTUAL AID AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE INDEPENDENT SCHOOL DISTRICT, FOR SHARING FACILITIES, EQUIPMENT AND PERSONNEL, IN THE EVENT OF AN EMERGENCY REQUIRING MASS SHELTERING OF ESSENTIAL PERSONS AND/OR TRANSPORTATION OF CITIZENS, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the city Secretary. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this J,~ day of t1u~ ' 2006. By, C~t~~ Alton E. Porter, Mayor ATTEST: ~dttIa I!. ~.{}/ Mar ha A. Gillett City Secretary APPROVED: C~~Z- ~ City Attorney 2 Mutual Aid Aqreement THE STATE OF TEXAS ) ) COUNTY OF HARRIS ) THIS AGREEMENT is entered into this ~~ day Of~, 2006, by and between the City of La Porte, Texas, a municipal corporation, (herein after called "City") and La Porte Independent School District, a school district organized pursuant to the laws of Texas, (herein after called "District") WITNESSETH WHEREAS, City and District share common boundaries in many areas, and; WHEREAS, City and District have facilities, equipment and personnel which would benefit the other in the event of emergencies, including natural disasters, and; WHEREAS, City and District are desirous of reaching an agreement to mutually share their facilities, equipment and personnel in the event of an emergency requiring the mass sheltering of essential persons and/or the transportation of citizens; WHEREAS, the City and District wish to make suitable arrangements for furnishing Mutual Aid in coping with such disasters and/or civil emergencies and are so authorized and make this Agreement pursuant to Chapter 791, Texas Government Code (Interlocal Cooperation Act); Chapter 418, Texas Government Code (Texas Disaster Act of 1975); and Chapter 362, Local Government Code; and NOW, THEREFORE, it is agreed between City and District as follows: I. District agrees that one or more campuses under its authority and control shall be used as a shelter for essential persons required for disaster assistance and response, to the extent such essential persons are employed by or under contract with City, District, or industrial/utility companies, in the event of an emergency. II. In the event of an emergency requiring shelter for essential persons, it is agreed that the following will be provided by each party: 1. City will provide and supply the following: A. Cots and bedding required for the persons sheltered. B. Food and supplies sufficient to provide for the persons sheltered for three (3) days. C. Police Protection for the persons sheltered D. Emergency medical technicians to provide medical attention for the persons sheltered. E. Personnel to manage, coordinate, and supervise the area(s) where persons are sheltered. 2. District will provide and supply the following: A. The facilities to be determined B. Storage space necessary to conduct emergency shelter operations 3. District agrees to provide a maximum of twelve (12) buses to be used to transport persons to safety. City and District agree to provide personnel to operate said buses. City further agrees to assume the responsibility for any damage to said buses while same are under the direct and exclusive control of the City. 4. Expenses will be paid as follows: A. Each party agrees to pay its own personnel expenses. B. District agrees to pay for all building operation expenses (utilities, maintenance, etc.) which are required at the facility or facilities provided. C. City agrees to be responsible for property damage to District facilities or equipment caused by City, and for bodily injury caused by use of District's property by City employees. 5. Both City and District agree to carry insurance policies as follows: A. WORKERS' COMPENSATION COVERAGE: Each Party shall be responsible for its own actions and those of its employees and is responsible for complying with the Texas Workers' Compensation Act. B. AUTOMOBILE LIABILITY COVERAGE: Each Party shall be responsible for its own actions and is responsible for complying with the Texas motor vehicle financial responsibility laws. C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY: Each Party agrees to obtain or continue its general liability, public official's liability and law enforcement liability insurance, if applicable, or maintain a comparable self-insurance program. D. OTHER COVERAGE: Each Party shall provide and maintain its standard packages of medical and death benefit insurance coverage while its personnel are assisting the other Party. 6. Personnel who are assigned, designated or ordered by their governing body to perform duties pursuant to this Agreement shall continue to receive the same wages, salary, pension, and other compensation and benefits for the performance of such duties, including injury or death benefits, disability payments, and workers' compensation benefits, as though the service had been rendered within the limits of the jurisdiction where the personnel are regularly employed. 7. No Party waives or relinquishes any immunity or defense on behalf of itself, its governing body, officers, employees and agents as a result of the execution of this Agreement and the performance of the covenants contained herein. 8. It is understood by both parties that the Mayor of the City of La Porte and/or the person designated by or acting as Mayor has the authority to declare an emergency and provide for the sheltering of essential persons. 9. This Agreement shall become effective as to each Party on the date signed and shall continue in force and remain binding on City and District through December 31 of the year signed. This Agreement shall renew automatically for a period of one year upon the completion of the initial term and each subsequent term unless and until such time as the governing body of a City or District terminates its participation in this Agreement by giving the other Party thirty (30) days written thereof. Duly executed this ~~ day of ~Jl1Jt ,2006. By: ATTEST: Lj!J~ 11 ed"uLI- Ma tha A. Gillett City Secretary By: CITY OF LA PORTE ~L7~ Alton E. Porter Mayor LA PORTE INDEPENDENT ) SCHOOL DISTRICT /.lt1/ ?17~4!.L -' { Name: ~,....4""" ( u~ Title: (l&.p~ S~ltd.''S