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Home My WebLink AboutR-1988-10 ~ . . RESOLUTION NO. g8-JO A RESOLUTION APPROVING THE MUTUAL AID AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS, AND THE CITY OF DEER PARK, TEXAS, AND AUTHORIZING THE MAYOR TO EXECUTE SAME. WHEREAS, the City of Deer Park, Texas has seen a need for. a Mutual Aid Agreement with the neighboring City of La Porte, Texas; WHEREAS, emergency management personnel representing the City of Deer Park recognize an immediate need for cooperation and communication .as.in a Mutual'Aid Agreement between the two cities in order to protect the lives and property of the.citizens of La Porte and Deer Park; WHEREAS, att~ched hereto as Exhibit "A" is a Mutual Aid Agreement proposed between the City of La Porte and the City of Deer Park; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEER PARK, TEXAS: 1. The City Council of the City of Deer Park, Texas, hereby approves the Mutual Aid Agreement between the City of La porte, Texas, and the City of Deer Park, Texas, a true copy of which is attached hereto as Exhibit "A", the City Council further authorizes the Mayor of the City of Deer Park to execute the attached Exhibit "A". Duly resolved this ~ day of October, 1988. ..~ ATTEST: . . ~' . oJ A,A ~..1 VI- . //(~ :.; OROT~. MARTIN City Secretary APPROVED: P. B. DOVER, JR. City Attorney U;, " " / \ \ \ ) , I , I - 2 - .' . City of DEER PARK ., Dorothy S. Martin CITY SECRETARY ,J.!,?ll 710 E. San Augustine · P.O. 700 · Deer Park, Texas 77536 . (713) 479-2394 October 7, 1988 Ms. Cherie Black City Secretary Ci ty of LaPclrte P. O. Box 1511 LaPorte, Texas 77571 Dear Ms. Black: Enclosed is a copy of the City of Deer Park's Resolution No. 88-10 approving the Mutual Aid Agreement between the City of LaPorte and the City of Deer Park. If we can be of further assistance, please do not hesitate to contact my office. ;P~~A b ~~~~ar~ City Secretary D 8M: sw Enclosure ,', . . ~. . . . . . " . .' MUTUAL AID AGREEMENT BETWEEN THE CITY OF'LA PORTE, TEXAS AND THE CITY OF DEER PARK, TEXAS . ~ The Contracting parties solemnly agree: SECTION 1., PURPOSE . :.. ",The. purp~se:" of . this ~greement. is to provide'. ~utual . aid for the . ~i~Y. o~ La Porte and .the, City of Deer Park, i~ Jnee~ing. " any emergeJ:lc~, or "d isaster from enemy attack or other ,cause; ". .s.;- . - '.. . ,natural' or 6.therwise. This agreement .i's made pursuant to ". :. '. ," "' :,~. ," ' the Interloc~l. Cooperation Act, Tex.as Revised "Civil statutes . ., . . . A~ticle 4413'(326), and,Texas Revised Civil Statute~, Article 6889-7, commonly, referred to .~s the Disaster Act" or, 1975. This agreement recogniz'es that the prompt, full and effective utilization of. the . resources of the respective cities 'is ." " . . " ess~ntial to the safety, care and welfa re of. the people .there6f in tha"event of a major emergency or disaster. ~he Coordinators of Emergency r1anagement of both. p~~ty oi ties shall constitut~ a committe~ to formulate plans and. take all necessary steps of the' implementation 'of this agreement.. .. . . .,. . . . ., . "Such planning., shall incorporate the use of resources,' ..' .. .., ..... ....... . including personnel, equipment, and supplies necessary" to . . . . . . . provide mutual aid. '. SECTION 2. RESPONSIBILITIES It. . ~~~,~~ l?e. . t~e dut.y o.f e~.ch .l?c:'r~Y. .cit:~ . to.. r~;r.~l;l~~~~ . emergenc;y, " man!3ge!"en~. P~~~~,. and pr~~ram:>. ':," ~~r . ~ppl~c~~~?~ within such city or. county. There shall be frequent . . . . . . . . .. .. .'. .. . . 'consultation between the representatives of 'the cities and . . . . . .' . . . . ... . .. ... . . . . . . . . the free exchange of information and services. In carrying · I" 'I pi rtil3l r fJ- . " . ~ . . . ., '. . . . . e e . .' out such emergency management plans and programs, the party cities shall,) so far as pos~ible, provide and follow uniform standards, practices and rules and regulations including: .. (a) Warnings and signals for exercises or disasters and the mechanical devises to be used in connection therewith; (b) ~hutt~ng off water mains, gas mains, electric power connections ,and the suspen~ion of all ~~her utility:servic~s; (c) Selectio~ of a~l'materia1s or equipm~~t.~sed or '.. . to be used 'for emergency manag'ement..pu~poses to ., ' as~~~ that ,such 'materials and.equipment will, -..' . . ., be ~'a's.~lY, and freely inter9hangeab1e when used -. . 'in,o!" by any other' party city. (d) ,The conduct. of civilians and the movement and . .. .. .. ...... ........... ..... .... ... . ~ cessation of movement of pedestrians and . . .. ... '. ... ... ... ....... .......... .:' v~h~~~~~r: ~!,arfi~,. p.ri~!,,). during and subsequent" . ~o. e~er~i~e~ o:.dis~s~ersj .(e) The safety of public meetings or gatherings. Each ju!,i~diction i~ responsib~e !or the coordination of all emergencies oc6urring within its city limits. ~i the~. party city requested to render mutual aid sha~l tal<:~ . . sucha~tion,~s is necessary ~~,provide and m~k~ a~aila~le th~ resources. covered by this agreement in accordance .with the .. .. . .... ... .. ," ." .. ....' .. .... terms h~reor:j PTovided that ~t is understpod'. ~hat'. t~e ~~t)'. rendering aid may'withho1d resources to the extent necessary .. . ....... ...... to provide reasonab~e protection for ~uc~ c,ty. ~ach party city while operat~ng within the re~eiv~ng ~ity limits under the terms and conditions of this agreement, shall have the .... . .. . .. .. .. same power~, dut~es., rights, privileges and ~mmuniti.es as ~~. they ~ere perro~~ing,~heir duties i~ the ci~~ ~n wh~~h t~ey arc normallJ employed or rendering servi~es.' Em~rg~ncY management forces will continue under the c~mmand and control .'lo ," . .- .. " . ~ . 0- e, . ". e of their ~egular leaders) but the organizational units will" come under the operational control of the emergency management authorities of the city receiving assistance. The command,ing officer of party ci ty, render~~g aid shall ~av~ the ~ight t'o w.ithdra\-: me~, and equipment : from an unsafe situation or incident as they deem.necessary~ ." Authorities .and other benefits of this contract shall only be in effect after official requests have been made. SECTION 3.. LIABILITY' ." Neither par~, city nor its officers nor :~mployees "rendering a id in anoti;,ter .ci ty . pursuant to this.' agreement shall be . liable on a:c~punt .of any ,act or omission. in' good fai~h on"the ,.~. part of such forces while so engaged, or o~ :account o~ the , maintenance or use of any 'equiproe?t or stipplies iti connection therewith. .. SECTION 11. PROC'EDURES ". Request for aid are to be made throug~ th,e Emergency Man~gement Office' of the requesting city, aft~~ ap~r~yal by the Chief Executive. "The request is' to be made through the' Emergency Operating Center (EOC) or thesendi~g city, IC it .. . . . . . ., .. . . . " .... ., . . . . . is' in operation, otherwise through the police department. .' . .. . . . ... . . . .... . . ., I . .... During any emergency both cities shall keep.' the other . . .. .., ... ... . . . . ., .' .. .. . . ... informed p. wi~h. ~~equ.ent up-:-dat"~s" ~~. d~~~il~. ~f" si~~.at:ion~ that affect. the other. The' Department of Public Safety in ... ..' .~" " . .." " ".. . . . ." .'." ." Houston ,is to be :,~~o~~~~j immediately ~henever mutual aid is invoked. .' SECTION 5. COMPEllSATION '. Ea~h p~rty ~i~~. ~?afl ~rovi~e !~r ~h~"p~~me~t of comp~~s~t~o~ 'and. death benefits 'to injured .members of the emergency .. ... ......... . . . ... . . . . . 'o. .. . e e. and the representatives ot' in case such members sustain . management forces, of that city deceased members .of such forces injuries or are' killed while rendering aid pursuant to this agreement, in tne same manner ~nd. on the same terms as if the' injury or death were sustained within such city.. SECTlON.6. FI~)ANCE . '. '. Either party city rendering aid in the other city pursuant to this a~r~~~en~ shall be reimbur~ed ~~ ~the p~rty' city -receiving' s~ch aid .:for' any l~ss or dama,ge .to, or _ expense incurred in the:,' operation of any equipmen.~, .a.n.s~e.ring .a, request ror~id, and for the cost incurred in connection with " such re~uest:s';. provided J . that the ald ing. party. ~ity" m~y' .' . assu~e. i~ who.;t~ or in 'part such l,os"s da!'lage. expense" or ot.h~r costs. ~ St~aight-time ~alar~~s ~nd..~ages a!~ ~~ ~e p~id by the' sendirig 'city while overtim~ is to be ~ai~ .'by the . ... ~ ... recei ving ~i ty.. ' . .A~' ~u,c1'! a~ ..p~ssible, notice is to be given . ~o the receiving city ,prior to incurring overtime. . SECTION 7.' 'SEVERABILITY, This ~greeme?t shal~ cont~nue in force and remain bindin~.on' each party city and county until the Ci t.y. "council of' SUCh . party city takes' action to withdraw therefrom. Such ~ction . . . . .. . . . sh~ll, not b~ ef~ect.ive' un.til 90 ~~;Ys 'after '.lot~ce t~er.eor h~~ been sent by the Emergency Management Director of the party .. . . . .. .. .. . city des{ring to w~thdraw to the Emergen~y 'Mana~~ment Director 'of the other party city. - 'This agreement shall be construed to efre~~u~te .~he ,p~rpos~ s~ated in .Section .1 J hereof. If any. l>rovis~C?n ,of thi~, agreement is dec;tared unconstitutional, or th.e, applicability thereof to any persons or circumstances. us held invalid, the constitutionalit~ of the remainder of'the~agree~ent and the . . ,~ , .. ". - '.".. . " e. e applica~ility th~re~f ~~ other persons and circumstances shall not be affected thereby. SECTION 8. APPLICABILITY This agreement shall become operative immediately upon its approval by both cit~es.Duly authenticated c~pies of this agreement and. of such supp~ementary agreements as may 'be entered into sh~ll,", at the .time of thei r approval, be de~osited ~ith eac~ of the party.cities and with the Division of Emergency Management and other appropriate agencies of the' State of Texas. This agreement shall become bind in'g and obI igatory when it, shall have been signed by' the Mayor of the respective ~ities. . . enumerated in this ~greeme~t;. ~he? ~t shall. have been approved by the City Council of each city.' ~~..~. . / . . Mayor,., . City of La Porte, Texas City of Deer Park, Texas ,; ('.'I.\_;~'" ~,"~ \ ,.1 . -I -D ~a,te"", , .... .' . . I" 'I I I' I , .. {'" '. 1'1' I.' I . , I \. I \ I : A TlE-ST.:' : ;'. " f \ \, " Date ~~~ 0:_Jt _~__ , I I I 'l , " .. I, ' " , ", .' ' l\\~'" \' .. ' , ~ City Secretary ~/ .~..-d.d~ OL:-:~----- City Secretary , .',