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HomeMy WebLinkAboutO-2010-3212 Interlocal Agreement with Harris County/emergency assistance during disaster declarationJ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 25, 2010 Requested By: Jeff Suggs Department: Emergency Management Report: Resolution: Ordinance: X Exhibits: Ordinance Exhibits: Interlocal Agreement with Harris County (2010) Exhibits Changes to Interlocal Agreement Budeet Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION In 2004, the City entered into an Interlocal Agreement with Harris County for emergency disaster services. (Ordinance No. 2004-2750) This agreement allows the City and County to better serve the public by sharing various resources in times of disaster. The County has proposed acceptance of an updated version of this agreement. The proposed agreement more clearly defines the roles and responsibilities of each participating Party, explains how such requests for resources will be carried out, and strengthens the protection of the City from liability when providing or requesting services from a neighboring jurisdiction or agency. Exhibit C, Changes to Interlocal Agreement, demonstrates the differences between the previous agreement and the newly proposed agreement. Additions to the previous agreement are highlighted in gray. Any language that has been removed from the previous agreement contains a strikethrough. The agreement references the definition of a disaster as that term is defined in section 418.004 of the Texas Government Code. Section 418.004 defines "disaster" as the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, other public calamity requiring emergency action, or energy emergency. Action Required by Council: approval or other action of an Interlocal Agreement between the City and Harris County for disaster r� ivi a a.,vuucu Aeiluil R;�A Ron Bottoms, City Manager Date ORDINANCE NO. 20e? -Ib c -i1,8 , AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH AIR LIQUIDE AMERICA SPECIALTY GASES, LLC, A DELAWARE LIMITED LIABILITY CORPORATION FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Air Liquide America Specialty Gases, a Delaware Limited Partnership has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. 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 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 1 PASSED AND APPROVED, this ZO-day of , 2010. ATTEST: Martha A. Gillett City Secretary APPROVED: Clark T. Askins Assistant City Attorney CITY OF LA PORTE By: Barry s ey Mayor Pq INTERLOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § THIS INTERLOCAL AGREEMENT (the "Agreement") is made and entered into by and between the City of La Porte, Texas (the "City"), acting by and through its governing body, and Harris County, Texas, acting by and through its governing body, Harris County Commissioners Court. This Agreement is made pursuant to chapter 791 of the Texas Government Code (the Interlocal Cooperation Act) and chapter 418 of the Texas Government Code (the Texas Disaster Act of 1975) to the extent each applies to this Agreement. RECITALS: The Parties hereto recognize the vulnerability of the people, communities and schools located within Harris County, Texas, to damage, injury, and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary action, and other emergencies. The full and effective utilization of the resources available to the City of LaPorte, Texas, and Harris County is necessary for the prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster. Chapter 791 of the Texas Government Code authorizes interlocal agreements between local governmental entities such as the City of La Porte and Harris County. Chapter 791 authorizes such entities to contract for emergency assistance, section 791.27; governmental functions and services, section 791.011, including police protection and detention services, public health and welfare, planning, administrative functions, and other governmental functions in which the contracting entities are mutually interested, section 791.003(3), such as those provided in chapter 418 of the Texas Government Code. Section 418.107(c) of the Texas Government Code provides that a political subdivision may render aid to other subdivisions under mutual aid agreements. Harris County and the City of La Porte, Texas, find that entering into an Interlocal Agreement for mutual aid serves a public purpose of Harris County and of the City of La Porte. The Parties hereto desire to enter into an agreement to provide mutual aid consistent with the mutual aid and emergency assistance plans developed by their emergency management agencies and approved by the governing bodies of the City of La Porte and Harris County. NOW, THEREFORE, the City of La Porte, Texas, and Harris County, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: C.A. File No. 09GEN TERMS: I. The City and Harris County shall each appoint an Emergency Management Coordinator to take all steps necessary for the implementation of this Agreement. II. It shall be the duty of each Party to formulate emergency management plans and programs that incorporate the use of available resources, including personnel, equipment, buildings, and supplies necessary to provide mutual aid and emergency assistance. The plan, approved by the governing body of each Party, shall be submitted to the Governor's Division of Emergency Management. This Agreement shall apply to the dispatch of emergency service responses by either or both Parties in response to a disaster as that term is defined in section 418.004 of the Texas Government Code, and in response to actual and imminent incidents that endanger the health, safety, or welfare of the public and require the use and of special equipment, trained personnel, or personnel in larger number than are locally available in order to reduce, counteract, or remove the danger caused by the incident. This Agreement includes the provision of materials, supplies, equipment, and other forms of aid by and between the Parties including the staffing and equipping of emergency operations, and participation by personnel in exercises, drills, or other training activities designed to train and prepare for, cope with, respond to, or prevent the occurrence of any disaster. In carrying out emergency management plans and programs, the Parties shall, insofar as possible, provide and follow uniform standards, practices and rules and regulations, including but not limited to the following: • Warnings and signals for exercises or disasters and the mechanical devices to be used in connection therewith. • Shutting off water mains, gas mains, and electric power connections, and the suspension of all other utility services. • Selection of all materials, equipment or buildings used or to be used for emergency management purposes to assure that such materials and equipment will be easily and freely interchangeable when used by either Parry hereto. • The conduct of civilians and the movement and cessation of movement of pedestrian and vehicular traffic prior to, during, and subsequent to exercises or disasters. • The safety of public meetings or gatherings. It is acknowledged by both Parties that nothing in this Section or Agreement shall require or indenture either Party to alter any policy or procedure, to change, add or discontinue any service or service level, to purchase any item or equipment, or to otherwise encumber any expense. As further set forth below, each Party shall coordinate the emergency responses within its scope of responsibility under this Agreement. 2 Either Parry, when requested to provide mutual aid or emergency assistance, may take such action as is necessary to provide and make available the resources covered by this Agreement in accordance with the terms hereof, provided however, the Parry rendering aid (the "Responding Parry") to the Parry receiving assistance (the "Requesting Party") may withhold resources to the extent necessary to provide other necessary governmental functions for itself. When a request for emergency assistance is received, law enforcement, fire, emergency response personnel, and other resources shall be subject to the command and control of their respective agencies. However, the respective agencies shall coordinate their emergency responses and resources through the emergency management authorities of the Requesting Parry. Any request for aid shall specify the amount and type of resources requested. However, the Responding Parry shall determine the specific resources furnished. The personnel and resources deployed by the Responding Parry shall report to the officer in charge of the incident and report through the incident chain of command. The Responding Parry shall be released by the Requesting Party when the reserves of the Responding Party are no longer required or when the resources are needed within the Responding Party's normal emergency service area. Each request for mutual aid assistance shall be made through the Emergency Management Office of the Requesting Party, after approval by the Requesting Party's chief executive or governing body, to the Emergency Management Office of the Responding Party. The regional headquarters of the Texas Department of Public Safety shall be notified immediately whenever mutual aid is requested pursuant to this Agreement. In the event of rapidly developing emergencies occurring near, but outside of the incorporated area of the City but within the unincorporated area of Harris County, the City's emergency response units may respond as they are able, without prior request of the County. The City's emergency response units will establish control of the scene until arrival of Harris County officials. Control will then be transferred to the County or to a Joint Command if such is established, however, the City's resources will remain on the scene as needed. Should an event occur inside the City and City emergency officials are not able to respond the County may respond as they are able and establish control of the scene until such time the City is able to accept the transfer of command. County resources will remain on scene as needed. Nothing in this Agreement is intended to or shall be construed to enlarge or restrict any powers, rights, or authority of the City or of the County. Nothing in this Agreement shall be construed as making either Party responsible for the payment of compensation and/or any benefits including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the other Party's employees and/or equipment. Nothing in this Agreement shall be construed as making the Requesting Party responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Responding Party. 3 W. The mutual obligations herein shall constitute full compensation for all services, and neither Party shall be entitled to any reimbursement for assistance hereunder. Neither Parry shall have any liability for failure to expend funds to provide aid hereunder. Each Party understands and agrees that neither Party has certified funds under this Agreement, and neither Party shall have a cause of action for money against the other Party under this Agreement irrespective of the nature thereof. The sole remedy for failure to provide aid in accordance with this Agreement or for breach of any provision of this Agreement is termination. V. Neither Parry to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Furthermore, neither the terms of Section III and Section IV, nor any other provision in this Agreement, shall prohibit either Party from seeking financial aid or in-kind reimbursement from any state or federal agency or program. Pursuant to section 421.062 of the Texas Government Code, the Responding Party is not responsible for any civil liability that arises from any act or omission made within the course and scope of its functions to provide a service under this Agreement that is related to a homeland security activity. The Parties understand and agree that the Requesting Party does not assume civil liability under any theory of law for the actions of the Responding Party in providing services hereunder. The condition of equipment provided hereunder is the sole responsibility of its owner. If the equipment is damaged or destroyed, the financial responsibility is the owner's and may be recovered through insurance acquired by the owner, or through any other resources available to the owner. The Requesting Party is not responsible for damage to equipment or injury to any person, or for the actions of the Responding Party. VI. This Agreement shall continue in force and remain binding on each Party until such time as the governing body of either Harris County or the City terminates this Agreement. The Parties mutually agree that the Parry requesting termination shall notify the other Party, in accordance with the notice provision contained in Section VII, at least 90 days prior to any action taken to terminate this Agreement by either Harris County or the City. VII. Any notice required to be given under this Agreement shall be in writing and shall be duly served when it is deposited, enclosed in a wrapper with the proper postage affixed and duly certified, return -receipt requested, in a United States post office, addressed to Harris County or the City at the following addresses. To Harris County: To the City: Harris County Harris County Administration Building 1001 Preston, Suite 911 Houston, Texas 77002 Attention: Harris County Judge With a copy to: Harris Office of Homeland Security & Emergency Management 6922 Old Katy Road Houston, Texas 77024 Attention: Emergency Management Coordinator City of LaPorte, Texas 604 W. Fairmont Parkway LaPorte, Texas 77571 Attention: Office of the Mayor City of LaPorte, Emergency Management 3001 N. 23rd St. LaPorte, Texas 77571 Attention: Emergency Management Coordinator Either Parry may designate a different address by giving the other Parry ten days' written notice. VIII. The Parties shall observe and comply with all applicable federal, Texas, and local laws, rules, ordinances, and regulations affecting the conduct of services provided and the performance of obligations undertaken by this Agreement. In case any one or more provisions contained in this Agreement is 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. 0 The presiding officer of the governing body of each Party to this Agreement shall notify each Office of Emergency Management of the manner in which the Party is providing or securing an emergency management program, identify the person who heads the agency responsible for the program, and furnish additional pertinent information as requested. X. IN WITNESS WHEREOF, this instrument has been executed on behalf of Harris County by a duly authorized representative of Harris County, and on behalf of the City of La Porte, Texas, by an authorized representative of the City of La Porte, Texas. APPROVED AS TO FORM VINCE RYAN Harris County Attorney ,- �- By. � ty^ttorney Attest/ Seal: By: jg�& City Secretary Date Signed: U __ Countersigned: By:A'JA 0 ji SPD City Controller Date Signed: HARRIS COUNTY By: G- &tL "%— ED EMMETT County Judge Date Signed: MAY 1 1 CITY OF LA PORTE, TEXAS By: Print N Date Si 7 THE STATE OF TEXAS COUNTY OF HARRIS The Commissioners Court of Harris County, convened at a meeting of said Court at the Harris CountyAdministration Building in the City of Houston, Texas, on the day of MAY 112010 ,1899, with the following members present, to -wit: Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. 1 Sylvia R. Garcia Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 Jerry Eversole Commissioner, Precinct No. 4 And the following members absent to -wit: n.Jd fac constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE CITY OF LA PORTE FOR MUTUAL AID Commissioner Gq 2G, �, introduced an Order and made a motion that the same be adopted. Commissioner V� coo I .Q seconded the motion for adoption of the Order. The motion, carrying with it the adoption of the Order, prevailed by the following vote: Judge Emmett Comm. Lee Comm. Garcia Comm. Radack Comm. Eversole Yes No Abstain The County Judge thereupon announced that the motion had duly and lawfully carried and that the Order had been duly and lawfully adopted. The Order thus adopted follows: RECITALS: Harris County and the City of LaPorte, Texas, recognize the vulnerability of the people, communities and schools located within Harris County, Texas, to damage, injury, and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary action, and other emergencies. Presented to Commissioner's Court MAY 11 2010 APPROVE Recorded Vol ----Page ❑ ❑ The County Judge thereupon announced that the motion had duly and lawfully carried and that the Order had been duly and lawfully adopted. The Order thus adopted follows: RECITALS: Harris County and the City of LaPorte, Texas, recognize the vulnerability of the people, communities and schools located within Harris County, Texas, to damage, injury, and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary action, and other emergencies. Presented to Commissioner's Court MAY 11 2010 APPROVE Recorded Vol ----Page The full and effective utilization of the resources available to the City of La Porte, Texas, and Harris County is necessary for the prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster. Chapter 791 of the Texas Government Code authorizes interlocal agreements between local governmental entities such as the City of La Porte and Harris County. Chapter 791 authorizes such entities to contract for emergency assistance, section 791.27; governmental functions and services, section 791.011, including police protection and detention services, public health and welfare, planning, administrative functions, and other governmental functions in which the contracting entities are mutually interested, section 791.003(3), such as those provided in chapter 418 of the Texas Government Code. Section 418.107(c) of the Texas Government Code provides that a political subdivision may render aid to other subdivisions under mutual aid agreements. Harris County and the City of La Porte, Texas, desire to enter into an agreement to provide mutual aid consistent with the mutual aid and emergency assistance plans developed by their emergency management agencies and approved by the governing bodies of the City of La Porte and Harris County. Harris County and the City of La Porte, Texas, find that entering into an Interlocal Agreement for mutual aid serves a public purpose of Harris County and of the City of La Porte. The Commissioners Court of Harris County desires to approve the County's entering into an Interlocal Agreement with the City of LaPorte, Texas, based on the aforesaid representations. NOW THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this Order are true and correct. Section 2: The Agreement is approved and the County Judge of Harris County or his designee is authorized to execute an Interlocal Agreement with the City of La Porte, Texas for mutual aid assistance. The Agreement is attached hereto and made a part hereof for all purposes. Section 3: All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purpose of this Order. 2 This Agreement should be construed in a manner consistent with the Texas Disaster Act of 1975, chapter 418 of the Texas Government Code, and the Texas Interlocal Cooperation Act, chapter 791 of the Texas Government Code, as they may hereafter be amended. As used in this Agreement, the term "disaster" has the meaning given it in section 418.004 of the Texas Government Code. XI. Mandatory and exclusive venue of any dispute between the Parties to this Agreement shall be in Harris County, Texas. This Agreement is not intended to be an exclusive agreement, and each Party may enter into other similar agreements. Nothing in this Agreement shall be represented or construed to alter, supplant, or replace any other Mutual Aid Interlocal Agreement in place for events or incidents which do not rise to the definition of Disaster as that term is defined in section 418.004 of the Texas Government Code. 2 0 • NO. 2004- arlsp AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETKZNN THE CITY OF LA PORTE AND HARRIS COUNTY FOR DISASTER SERVICESY MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT? FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 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 Pro -Tem 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 28th day of June, 2004. By: ATTEST: Maxtha A. Gillett City Secretary LA PORTS Barry' Beasley Mayor Pro -Tem 2 • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 28, 2004 Requested By: Jeff Suggs Department: Emereencv Management Coordinator Report: Resolution: X Ordinance: Exhibits: I Harris County Interlocal Agreements Exhibits: Exhibits Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: NO SUMMARY A RECOMMENDATION 2 — Harris County Interlocal Agreements regarding disaster services, a copy for the City to keep, and a copy for Harris County. This agreement will allow the City of La Porte to seek help from other municipalities within Harris County in time of disaster and then provide the same service. An example would be to request heavy equipment from an area in North Harris County to help remove debris after a storm. We would also provide aid to others after we have handled our own jurisdiction. This agreement is part of the process to request aid from FEMA after a disaster and although not required a necessity. A municipality who does not agree to help other jurisdictions may find themselves in jeopardy not to receive aid from the County, State and even FEMA after a disaster. It is strongly recommended to sign these agreements so we will be eligible for disaster monies and aid in time of need. Action Required by Council: Consider approval or other action. of an Interlocal Agreement with Harris County. Auproved for City Council Agenda ebra & Feazelle, City Managly Date INTERLOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § THIS INTERLOCAL AGREEMENT (the "Agreement') is made and entered into by and between Barris County (the "County'), a body corporate and politic under the laws of the State. of Texas, acting by and through its governing body, the Harris County Commissioners Court, and the City of La Porte, Texas (the "City"), a municipal corporation of the State of Texas, .acting by and through its governing body, the City Council. This Agreement is made pursuant to chapter 791 of the .Texas Government Code (the Interlocal Cooperation Act) and chapter 418 of the Texas Government Code (the Texas Disaster Act of 1975). RECITALS: The parties hereto recognize the vulnerability of the people and the communities located within Harris County, Texas to damage, injury, and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military.or paramilitary action; and The full and effective utilization of the resources available to the County and the City is necessary for the prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster; and The parties hereto desire to enter into an agreement to provide mutual aid assistance consistent with the mutual aid plans developed by the emergency management council and approved by the governing bodies of the County and the City; NOW, THEREFORE, the County and the City, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: TERMS: I. The County and the City shall each appoint an Emergency Management Coordinator to take all steps necessary for the implementation of this Agreement. I It shall be the duty of each party to formulate emergency management plans and programs that incorporate the use of available resources, including personnel, equipment and supplies necessary to provide mutual aid assistance. The approved plan shall be submitted to the Governor's Division of Emergency Management. • s In carrying out the emergency management plans and programs, the parties shall, insofar as possible, provide and follow uniform standards, practices and rules and . regulations, including but not limited to the following: (a) Warnings and signals for exercises or disasters and the mechanical devices to be used in connection therewith; (b) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services; (c) Selection of all materials or equipment used or to be used for emergency management purposes to assure that such materials and equipment will be easily and freely interchangeable when used in or by either party hereto; (d) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior to, during and subsequent to exercises or disasters; and (e) The safety of public meetings or gatherings. Each party is responsible for the coordination of all emergencies occurring within its jurisdiction. Either party, when requested to provide mutual aid assistance, shall take such action as isnecessary to provide and make available the resources covered by this Agreement in accordance with the terms hereof, provided however, the entity rendering aid may withhold resources to the extent necessary to provide other necessary governmental functions. The City, while performing services enumerated herein, shall have the same powers, duties, rights, privileges and immunities as if it were performing said duties within its incorporated area. Emergency management forces will continue under the command and control of their regular command structure, but the organizational units will come under the operational control of the emergency management authorities of the party receiving assistance. Each request for mutual aid assistance shall be made through the Emergency Management Office of the party requesting aid, after approval by the requesting party's chief executive or governing body, to the Emergency Operating Center (`BOC") of the other party, if mobilized, or the City's police chief or the County's sheriff. The regional headquarters of the Texas Department of Public Safety shall be notified immediately whenever mutual aid is requested pursuant to this Agreement. In the event of rapidly developing emergencies occurring near, but outside of the incorporated area of the City, but within the unincorporated area of Harris County, the City's police and/or fire departments will respond as it is able, without the prior request of the County. The City's emergency response units will establish control of the scene until the arrival of Harris County officials. Control will then be transferred to the County, however, the City's.resources will remain on the scene as needed. In such event, this Agreement shall be in effect. O1GEN1329/IA PORM OEM R.A/db 2 Nothing in this Agreement shall be construed as making either party responsible for. the payment of compensation and/or any benefits. for the other party's employees. IV. The mutual obligations herein shall constitute full compensation for all services, and neither party shall be entitled to any reimbursement for assistance hereunder. Neither party shall have any liability for failure to expend funds to provide aid hereunder. The sole remedy for failure to provide aid in accordance with this Agreement is termination. V. Neither party waives or relinquishes any immunity or defense on behalf of itself, officers, employees and agents as a result of its execution of this Agreement and the performance of the covenants contained herein. VI. This Agreement shall continue in force and remain binding on each party until such time as the governing body of either the City or the County terminates said Agreement. It is mutually agreed that the party requesting termination shall notify the other party, in accordance with the notice provision contained in Section VII, at least 90 days prior to any action taken by either City Council or Commissioners Court. VII. Any notice required to be given under the provisions of this Agreement shall be in writing and shall be duly served when it shall have been deposited, enclosed in a wrapper with the proper postage affixed and duly certified, return receipt requested, in a United States post office, addressed to the City or the County at the following addresses. To the City: City of La Porte, Texas 604 West Fairmont Parkway LaPorte, Texas 77571 Attention: Office of the Mayor To the County: Harris County Harris County Administration Building 1001 Preston Avenue, 9a' Floor Houston, Texas 77002 Attention: Office of the County Judge Either party may designate a different address by giving the other party ten days' written notice. OIGENWILn PORn OEM EW& 3 M1 This Agreement and the obligations of the parties hereto are subject to all applicable rules, regulations and laws of the State of Texas. IN WITNESS 'WHEREOF, the County and the City have made and executed this Agreement in duplicate counterparts, each of which is an original. APPROVED AS TO FORM: MICHAEL A. STAFFORD County Attorney By r)�A",q, - NICHOLAS J. LYKO Assistant County Attorney i 4Er Secretary Date Signed: 00 b`t' COUNTERSIGNED: By _ City Controller Date Signed: U!' 01GEN 134/LA PORTS OEM UA/db 4 HARRIS COUNTY County Judge Date Signed: ` CITY OF LA PORTE, TEXAS • .r o Date 29 mss. THE STATE OF TEXAS § COUNTY OF HARRIS § 0 The Commissioners Court of Hams County, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the day of .00 16 7nng , 2002, with the following members present, to -wit: Robert Eckels County Judge El Franco Lee Commissioner, ' Precinct No. 1 Steve Radack Commissioner, Precinct No. 3 Jerry Eversole Commissioner, Precinct No. 4 and the following members absent, to -wit: constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF LA PORTE, TEXAS Commissioner� �a•- -' troduced an order and made a motion that the same be adopted. Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: vote of ft Court Yes Wa Abstain Judge EckMs IR10 ❑ H AYES: Comm. Lee ❑ NAYS: , ABSTENTIONS: Comm. Radack ❑ ❑ Gomm. Evemle ❑ ❑ The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and, lawfully adopted. The order thus adopted follows: RECITALS: Harris County (the "County") and the City of La Porte, Texas (the "City') recognize the vulnerability of the people and the communities located within Hams County, Texas to damage, injury, and loss of life and property resulting from natural or manmade catastrophes, riots, or hostile military or paramilitary action; and The full and effective utilization of the resources available to the County and the City is necessary for the prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster; and. 1'r�esented to Commissioners CouR APR 16 2002 APPROVE Recorded Vol page -1.4 The County and the City desire to enter into an agreement to provide mutual aid assistance consistent with the mutual aid plans developed by the emergency management council and approved by the governing bodies of the County and the City; and The Commissioners Court of Harris County desires to approve the County's entering into an Interlocal Agreement with the City based on the aforesaid representations. NOW THEREFORE, BE IT ORDERED BY THE COABHSSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: The Agreement is approved and the County Judge of Harris County or his designee is authorized to execute an Interlocal Agreement with the City of La Porte, Texas to provide mutual aid assistance. The Agreement is attached hereto and made a part hereof for all purposes. W EXHIBIT C INTERLOCAL AGREEMENT THE STATE OF TEXAS COUNTY OF HARRIS THIS INTERLOCAL AGREEMENT (the "Agreement") is made and entered into by and between the City of La Porte, Texas (the "City"), acting by and through its governing body, and Harris County, Texas, acting by and through its governing body, Harris County Commissioners Court. This Agreement is made pursuant to chapter 791 of the Texas Government Code (the Interlocal Cooperation Act) and chapter 418 of the Texas Government Code (the Texas Disaster Act of 1975) to the extent each applies to this Agreement. RECITALS: The Parties hereto recognize the vulnerability of the people, communities and schools located within Harris County, Texas, to damage, injury, and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary action, and other emergencies. The full and effective utilization of the resources available to the City of La Porte, Texas, and Harris County is necessary for the prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster. Chapter, 791 of the Texas Government Code authorizes interlocal agreements between local governmental entities such as G the;; City of La' Porte and Hams County. Chapter791' authorizes such entities. to 'contract for'v.emergency. assistance; section 791.27; governmental functions and services, §ection, 791.011, including:,police protection aid 'detention services, public health and welfare, planning, administrative functions, and' other ,governmental functions in which the contracting entities ! are " mutually interested,, section 791.003 (3), such as those provided in chapter 418 of the Texas Government Code, Section 418.107(c), of the Texas Government Code; provides that a political subdivision may render aid to other subdivisions under, mutual aidagreements. Harris County and the City of La Porte, Texas, find that entering into an Interlocal Agreement for mutual aid serves a public purpose of Harris County and of the City of La Porte.. C.A. File No. 09GEN The Parties hereto desire to enter into an agreement to provide mutual aid consistent with the mutual aid and emergency assistance plans developed by their emergency management agencies and approved by the governing bodies of the City of La Porte and Harris County. NOW, THEREFORE, the City of LaPorte, Texas, and Harris County, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: TERMS: I. The City and Harris County shall each appoint an Emergency Management Coordinator to take all steps necessary for the implementation of this Agreement. II. It shall be the duty of each Party to formulate emergency management plans and programs that incorporate the use of available resources, including personnel, equipment, buildings, and supplies necessary to provide mutual aid and emergency, assistance. The plan, approved by the governing body of each Party, shall be submitted to the Governor's Division of Emergency Management. This Agreement shall, apply to the dispatch of emergency service responses by either or both Parties in response to a disaster as that term is defined in section 418.004 of the Texas Government, Code, and. in response to. actual and imminent; incidents that endanger the health, safety, or welfare of the public and require the use and of special equipment, trained personnel, or personnel in larger auanberthan are locally available in order to reduce, counteract, or remove the danger caused by the`incdent. This Agreemen# includes the provision of materials, supplies, equipments and other forms of aid by ,and between the Partiesincluding the `staffing and equipping of emergency. operations; and participation by personnel iii exercises, drills, or other training activities designed #o train and prepare for, cope with; respond to; or prevent -,the occurrence of any, disaster. In carrying out emergency management plans and programs, the Parties shall, insofar as possible, provide and follow uniform standards, practices and rules and regulations, including but not limited to the following: • Warnings and signals for exercises or disasters and the mechanical devices to be used in connection therewith. • Shutting off water mains, gas mains, and electric power connections, and the suspension of all other utility services. • Selection of all materials, equipment or buildings used or to be used for emergency management purposes to assure that such materials and equipment will be easily and freely interchangeable when used by either Party hereto. • The conduct of civilians and the movement and cessation of movement of pedestrian and vehicular traffic prior to, during, and subsequent to exercises or disasters. • The safety of public meetings or gatherings. 2 It is acknowledged by. both Parties that nothing in this Section or, Agreement shall require or indenture" either Partyuto altepany policy;or procedure, to chan1 11ge, add Qr;disconti11,'nue any service 11, or service level, to purchase any item or equipment, or to otherwise"encumber. any expense. As further set forth below, each Party shall coordinate the emergency responses within its scope of responsibility under this Agreement. Either Party, when requested to provide mutual aid or emergency assistance, may slat take such action as is necessary to provide and make available the resources covered by this Agreement in accordance with the terms hereof, provided however, the Party rendering aid (the "Responding Party") to the Party receiving assistance (the "Requesting Party") may withhold resources to the extent necessary to provide other necessary governmental functions for itself. The City, while per-fefffli 11 !fmmefated hefein, shall have the same pewer-s, duties, Fights, pr-ivileges management authorities of the pafty r-eeeiving assistanee. When a request for,emergency assistance is received, law enforcement, fire, emergency response personnel, and other resources shall be subject to the eo iand and control of their respective Jx agencies.- However; tithe respective agencies shall coordinate their, emergency responses and resources' through the emergency management authorities of thei Requesting Party.. Any request for aid shall specify the amount and type ,of'resources�requested. 'However, the'Responding Party shall determine the specific resources fiuzished ''The persona 1 and resources deployed by the Responding Partyw shall report,to the officer in charge of then incideri ,;and repoit�through the incident:chain of commandI;;The RespondingParty shall be released.by; the Requesting Party when the reserves ofathe"Responding Party are no.,lon ,' required or; when the resources' are needed within the Responding Party's normal emergency service'area. Each request for mutual aid assistance shall be made through the Emergency Management Office of the Requesting Party, after approval by the Requesting Party's chief executive or governing body, to the Emergency Management Office of the Responding' Party, ifmobilized, or the Gity s peliee ehie f or the Geti ty's sheriff, The regional headquarters of the Texas Department of Public Safety shall be notified immediately whenever mutual aid is requested pursuant to this Agreement. In the event of rapidly developing emergencies occurring near, but outside of the incorporated area of the City but within the unincorporated area of Harris County, the City's emergency response units may respond as they are able, without prior request of the County. The City's emergency response units will establish control of the scene until arrival of Harris County officials. Control will then be transferred to the County or to:,,,'a', Joint Command if such is established, however, the City's resources will remain on the scene as needed. Should an, -event :•t Erx, q.• . v.aY.vaau: w J this Agr 6ment is-, intended to or, shall, be construed to e"nl e restrict rights,, or 0 a p I � I I , I enlarge or'.restrict I , ny­� powers, authority, I of the City or of the County. Nothing in this Agreement shall be construed as making either Party responsible for the payment of compensation and/or any benefits including health, property, :�'motor , vehiple;`�"workerls' compensation, 1,disability, death,I , and ,dismembermentjnsurance for the other Party's employees responsible fbrwages,, materials, I incurred by the Responding Party. IV. I The mutual obligations herein shall constitute full compensation for all services, and neither Party shall be entitled to any reimbursement for assistance hereunder. Neither Party shall have any liability for failure to expend funds to provide aid hereunder. Each Party undersiandi,and agrees that neither Party has certified e,,r Party ,shall h4'"ve a ,pith cause of action for-, money against theother,Party undpr1his..Agrepnien ir,,T 6 tur f irrespective e na e thereof. The sole remedy for failure to provide aid in accordance with this Agreement for breach of any provisI94;,of this''Agreement is termination. Neither Party to this Agreement waives itself, its officers, employees, agents, Agreement and the performance of the terms of Section III and-Secti6a Wjno either Party from seeking financial' aid or or program. V. or relinquishes any immunity and, volunteers as a result o covenants contained herein. F in-kind or defense on behalf of f its execution of this n,_ .. 4 VI. This Agreement shall continue in force and remain binding on each Party until such time as the governing body of either Harris County or the City terminates this Agreement. The Parties mutually agree that the Party requesting termination shall notify the other Party, in accordance with the notice provision contained in Section VII, at least 90 days prior to any action taken to terminate this Agreement by either Harris County or the City. VII. Any notice required to be given under this Agreement shall be in writing and shall be duly served when it is deposited, enclosed in a wrapper with the proper postage affixed and duly certified, return -receipt requested, in a United States post office, addressed to Harris County or the City at the following addresses. To Harris County: Harris County Harris County Administration Building 1001 Preston, Suite 911 Houston, Texas 77002 Attention: Harris County Judge With a copy to: Harris Office of Homeland Security & Emergency Management 6922 Old Katy Road Houston, Texas 77024 Attention: Emergency Management Coordinator To the City: City of La Porte, Texas 604 W. Fairmont Parkway LaPorte, Texas 77571 Attention: Office of the Mayor City of La Porte, Emergency Management 3001 N. 23`d St. LaPorte, Texas 77571 Attention: Emergency Management Coordinator Either Party may designate a different address by giving the other Party ten days' written notice. VIII. The Parties shall observe and comply with all applicable federal, Texas, and local laws, rules, .. .. 5 Agreement, is held 'io;,�be invalid,' illegal, orunenforceable illegality,,-- or ,;ufi6nforceabilitzshall not -affect ,any other provis shallbeconstru ,,a$ if suchinvalid, illegal, or enforceablepr herein. The presiding officer of the go-* Office of Emergency Managerric emericy managemqptprograin program, , and furnishadditional I Ix. i I g I body of each Party to Fthe manner,in which the' -ntify the person who head X. ri,containe providing ,AgreementI shall notify' each : Y isding o I rsecuring an e aizency-resvonsible for the X1. Mandatory, and, exclusive venue of any dispute between:,; Ithe Parties to this Agreement shall be in Harris, County, Texas. XII. 0 IN WITNESS WHEREOF, this instrument has been executed on behalf of Harris County by a duly authorized representative of Harris County, and on behalf of the City of La Porte, Texas, by an authorized representative of the City of La Porte, Texas. APPROVED AS TO FORM VINCE RYAN Harris County Attorney MARVA GAY Assistant County Attorney Attest/ Seal: By: it City SecretY Date Signed: 1 0 Countersigned: By: Mlaeaj City Controller Date Signed: HARRIS COUNTY LO -M ED EMMETT County Judge Date Signed: CITY OF LA PORTE, TEXAS By: Print Date 7