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HomeMy WebLinkAboutR-2320-8-04RESOLUTION NO. 2320-8-04(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTER - JURISDICTIONAL MUTUAL AID AGREEMENT FOR COLLIN COUNTY, TEXAS, FOR THE PURPOSE OF PROVIDING AND RECEIVING ASSISTANCE AMONG THE PARTIES IN THE EVENT OF A DISASTER OR CIVIL EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Allen recognizes the vulnerability of people and communities located within the County to damage, injury, and loss of life and property resulting from disasters and/or civil emergencies and recognize that disasters and/or civil emergencies may present equipment and staffing requirements beyond the capacity of each individual Party; and, WHEREAS, the Parties recognize that, in the past, mutual aid has been provided between or among the Parties in the form of personnel, supplies, and equipment during disasters and/or civil emergencies as well as during the cleanup periods; and, WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of mutual aid and protection of life and property in the event of a disaster and/or civil emergency; and, WHEREAS, the Parties wish to make suitable arrangements for furnishing mutual aid in coping with disasters and/or civil emergencies and are 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, WHEREAS, the Parties recognize that a formal agreement for mutual aid would allow for better coordination of effort, would provide that adequate equipment and staffing are available, and would help ensure that mutual aid is accomplished in the minimum time possible in the event of a Disaster or Civil Emergency and thus desire to enter into an agreement to provide mutual aid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City Manager is hereby authorized to execute the attached "Inter -Jurisdictional Mutual Aid Agreement for Collin County, Texas." SECTION 2. This resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so resolved. U DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 24TH DAY OF AUGUST, 2004. APPROVED: 4�Q fa? Stephen Temll, MAYOR ATTEST: ��� � � ►�� SLI Resolution No. 2320-5-04(R), Page 2 INTER -JURISDICTIONAL MUTUAL AID AGREEMENT FOR COLLIN COUNTY, TEXAS State of Texas County of Collin This Mutual Aid Agreement ("Agreement') is entered into by and between the county listed above (hereinafter, the "County") and all municipalities located within or partially within the County ("Parties': RECITALS The Parties recognize the vulnerability of the people and communities located within the County to damage, injury, and loss of life and property resulting from disasters and/or civil emergencies and recognize that disasters and/or civil emergencies may present equipment and manpower requirements beyond the capacity of each individual Party. The Parties recognize that, in the past, mutual aid has been provided between or among the Parties in the form of personnel, supplies and equipment during disasters and/or civil emergencies as well as during cleanup periods. The governing officials of the Parties desire to secure for each Party the benefits of mutual aid and protection of life and property in the event of a disaster and/or civil emergency. The Parties wish to make suitable arrangements for furnishing mutual aid in coping with 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 Executive Order No. RP -12 by the Governor of the State of Texas (April 3, 2002.) The Parties recognize that a formal agreement for mutual aid would allow for better coordination of effort, would provide that adequate equipment and manpower is available, and would help ensure that mutual aid is accomplished in the minimum time possible, and thus desire to enter into an agreement to provide mutual aid. NOW, THEREFORE, the Parties agree as follows: Page 1 TERMS 1. Recitals. The recitals set forth above are true and correct. 2. Definitions. For purposes of this Agreement, the terns listed below will have the following meanings: (a) "Civil emergency" means an unforeseen combination of circumstances or the resulting consequences thereof within the geographic limits of a given jurisdiction that calls for immediate action or for which there is an urgent need for assistance or relief to protect the general citizenry. (b) "Disaster" means 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, energy emergency (as that term is defined in Chapter 418 of the Texas Government Code), acts of terrorism, and other public calamity requiring emergency action. (c) "Local government" means a county, municipality, special district, or any corporate/political entity organized under state law, of Texas or a state that borders Texas. (d) "Mutual aid" includes, but is not limited to, such resources as equipment, supplies, and personnel. (e) "Political subdivision" means county or incorporated city. 3. Party's Emergency Management Plan. Each Party shall prepare and keep current an emergency management plan for its jurisdiction to provide for emergency/disaster mitigation, preparedness, response and recovery, in accordance with Chapter 418 of the Texas Government Code. The emergency management plan shall incorporate the use of available resources, including personnel, equipment and supplies, necessary to provide mutual aid. The emergency management plan shall be submitted to the Governor's Division of Emergency Management. 4. Emergency Management Director The Judge of the County and the Mayor of each city participating in this Agreement shall each serve as the Emergency Management Director for his/her respective jurisdiction and shall take all steps necessary for the implementation of this Agreement. Each Emergency Management Director may designate an Emergency Management Coordinator who shall serve as an assistant to the presiding officer of the political subdivision for emergency management purposes. Page 2 5. Activation of Agreement. This Agreement shall be activated in the event of either: (a) a declaration of a local state of disaster by a Party pursuant to Chapter 418 of the Texas Government Code; or (b) the finding of a state of civil emergency by the presiding officer of the governing body of a Party. The activation of the Agreement shall continue whether or not the local disaster declaration or state of civil emergency is still active, until the services of the Party rendering aid are no longer required or when the officer in charge of the forces of the Party rendering determines, in his sole discretion, that further assistance should not be provided. 6. Request for Mutual Aid. (a) Local Disaster. In the event of a local disaster declaration, the Emergency Management Director or the designated Emergency Management Coordinator of a Party seeking mutual aid from another Party shall request such aid through the County, pursuant to Section 8 of this Agreement. A Party from whom mutual aid is sought shall famish mutual aid to cope with the disaster to the requesting Party, subject to the terms of this Agreement. (b) Civil Emergency. If the presiding officer of the governing body of a Party is of the opinion that a state of civil emergency exists that requires assistance from another Party, the presiding officer of the Party requesting mutual aid shall make the request directly to the Party from which assistance is sought. Before the emergency assistance is provided, the governing body of the Party whose assistance has been requested shall authorize such assistance by resolution or other official action, in accordance with Chapter 791 of the Texas Government Code. In the event of a widespread civil emergency affecting more than one Party hereto, the County shall coordinate the call-up and assignment of resources to the affected area, pursuant to Section 8 of this Agreement. 7. Conditions. Any furnishing of resources under this Agreement is subject to the following conditions: (a) A request for aid shall specify the amount and type of resources being requested, the location to which the resources are to be dispatched, and the specific time by which such resources are needed; (b) The Party rendering aid shall take such action as is necessary to provide and make available the resources requested, provided however, that the Party rendering aid, in its sole discretion, shall determine what resources are available to furnish the requested aid; and Page 3 (c) The Party rendering aid shall report to the officer in charge of the requesting Party's forces at the location to which the resources are dispatched. 8. Coordinating Agency for Mutual Aid. The County shall act as the coordinating agency for mutual aid responses to disasters and to civil emergencies that affect more than one Party hereto. As part of its duties as coordinating agency, the County shall maintain a current listing of all Parties to this Agreement. Such listing shall include personnel to be contacted in each city, appropriate telephone and facsimile numbers, and other information that would be needed in order to contact each Party in the event of a disaster or civil emergency. 9. Waiver of Claims Against Parties: Immunity Retained. Each Party hereto waives all claims against the other Parties hereto for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. No Party waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of the foregoing sentence or its execution of this Agreement and the performance of the covenants contained herein. 10. Costs. All costs associated with the provision of mutual aid, such as damage to equipment and clothing, medical expenses, and expenses of travel, food, and lodging, shall be paid by the Party rendering aid, although the Party rendering aid may be reimbursed by the requesting Party for such costs if the Parties in question so agree. 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 worker's compensation benefits, as though the service had been rendered within the limits of the jurisdiction where the personnel are regularly employed. 11. Equipment and Personnel. During the time mutual aid is being furnished, all equipment used by the Party rendering aid shall continue to be owned, leased, or rented by the Party rendering aid. At all times while equipment and personnel of a Party rendering aid are traveling to, from, or within the geographical limits of the requesting Party in accordance with the terms of this Agreement, such personnel and equipment shall be deemed to be employed or used, as the case may be, in the full line and cause of duty of the Party rendering aid. In addition, such personnel shall be deemed to be engaged in a governmental function of their entity. 12. Expending Funds. Each Party which performs services or furnishes aid pursuant to this Agreement shall do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid hereunder. Page 4 13. Termination. It is agreed that any Party hereto shall have the right to terminate its participation in this Agreement upon ninety (90) days written notice to the other Parries hereto. 14. Tenn. This Agreement shall become effective as to each Party when approved and executed by that Party. This Agreement shall continue in force and remain binding on each and every Party until such time as the governing body of a Party terminates its participation in this Agreement pursuant to Section 13 of this Agreement. Termination of participation in this Agreement by a Party(ies) shall not affect the continued operation of this Agreement between and among the remaining Parties and this Agreement shall continue in force and remain binding on the remaining Parties. 15. Entire . This Agreement contains all commitments and agreements of the Parties with respect to the mutual aid to be rendered hereunder during or in connection with a disaster and/or civil emergency. No other oral or written commitments of the Parties with respect to mutual aid under this Agreement shall have any force or effect if not contained herein, except as provided in Section 17 below. 16. Ratification. Each Party hereby ratifies the actions of its personnel taken prior to the date of this Agreement. 17. Other Mutual Aid Agreements. Notwithstanding Section 15, it is understood and agreed that certain signatory Parties may have heretofore contracted or may hereafter contract with each other for mutual aid in civil emergency and/or disaster situations, and it is agreed that this Agreement shall be subordinate to any such individual contract. To assist each other in the process of mutual aid response planning, each Party agrees to inform the other Parties of all mutual aid agreements that each Party has with other municipalities, entities, counties, and state or federal agencies. Specifically, the existence of this Agreement shall not prevent a municipality, county, rural fire prevention district, emergency services district, fire protection agency, organized volunteer group, or other emergency services entity from providing mutual aid assistance on request from another municipality, county, rural fire prevention district, emergency services district, fire protection agency, organized volunteer group, or other emergency services entity, in accordance with the provisions in Section 418.109 (d) of the Texas Government Code. Additionally, the existence of this Agreement shall not prevent any Local Government which is a Party hereto from providing emergency assistance to another Local Government which is not a party hereto, in accordance with the provisions in Section 791.027 of the Texas Government Code. 18. Interlocal Cooperation Act. The Parties agree that mutual aid in the context contemplated herein is a "govemmental function and service" and that the Parties are "local governments" as that term is defined herein and in the hrterlocal Cooperation Act. 19. Severabili[v. If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement that can be given Page 5 effect without the invalid provision, and to this end the provisions of this Agreement are severable. 20. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect. 21. Amendment. This Agreement may be amended only by the mutual written consent of the Parties. 22. Third Parties. This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create, any rights in third parties. 23. Waaan . The Agreement has been officially authorized by the governing body of each Party hereto and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective Party to this Agreement. 24. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall lie exclusively in the County to which this Agreement pertains. 25. Headings. The headings at the beginning of the various provisions of this Agreement have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this Agreement. **The Rest of this Page is Intentionally Left Blank** Page 6 EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by such entity. Collin County, Texas- -,." /;�/ _7/_1- Ron orris Date/� Judge of Collin County, Texas ATTEST: A. I�aa�/off Name lgdOwiS C Date Title 1 r CCFt Allen, Texas: Atk f .25.2001 Peter H. Var . s Date City Manag , City ]len, Texas _ATTEST: L� 74k4&t .?S ZOO Shelley B. Georw Date City Secretary, City of Allen, Texas Page 7 COLLI N COUNTY I Homeland Security January 24, 2005 Allen Fire Department ATTN: Chief Bill Hawley 305 Century Parkway Allen, Texas 75013 Chief Hawley: Enclosed you will find your original Inter -Jurisdictional Mutual Aid Agreement between the City of Allen and Collin County. Please review and forward to the appropriate city offices. This agreement has been presented to our Commissioner's Court and signed by Judge Harris. The Commissioner's Court has kept one original on file for their records. Should you have any questions please do not hesitate to contact me. Sincerely, _ J � n Lane C llin County Homeland Security 972-548-5537 jlane@co.collin.tx.us 825 N. McDonald St., Ste. 140, McKinney, Texas 75069 (972) 548-5537 . (972) 424-1460 Ext. 5537 (Metro) . (972) 548-5574 FAX