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HomeMy WebLinkAboutContract 18468-A1 CITY SECRETAF STATE OF TEXAS § CON rRA C`� NO COUNTY OF TARRANT § I � AMENDMENT TO CITY SECRETARY CONTRACT NO. 18468 INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT This Amendment to City Secretary Contract No. 18468 Interlocal Agreement for Emergency Management ("Amendment") is entered into this 9t' day of September, 2008, by and between the City of Fort Worth, Texas ("City"), a home-rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, acting by and through Dale Fisseler, its duly authorized City Manager, and Tarrant County, Texas ("County"), acting by and through the Tarrant County Commissioners Court. WITNESSETH : WHEREAS, this Amendment is made under the authority of the Interlocal Cooperation Act, Sections 791.001 - .033, Texas Government Code, which provides, in part, that a local government may contract with another local government to perform governmental functions and services as defined therein; WHEREAS, City and County find that the subject of this Amendment is necessary for the benefit of the public and each has the legal authority to perform and to provide the governmental function or service which is the subject matter of this Amendment; WHEREAS, on June 1, 1989, the County of Tarrant, the Cities of Fort Worth, Blue Mound, Dalworthington Gardens, Edgecliff Village, Haslet, Kennedale, Lakeside, Lake Worth, Pelican Bay, Samson Park, Westlake, Westover Hills and Westworth Village entered into a Joint Resolution that(a) established the Fort Worth-Tarrant County Interjurisdictional Emergency Management Plan, (b) required the City's Mayor and the County's County Judge to mutually appoint an Emergency Management Coordinator to coordinate the Tarrant County program of comprehensive emergency management, including the preparation and maintenance of an interjurisdictional emergency plan for Tarrant County and all participating cities, (c) required the Mayors of all other participating cities to each appoint an Emergency Management Cordinator to coordinate with the Fort Worth-Tarrant Couny Emergency Management Coordinator in the preparation and maintenance of an interjurisdictional emergency management plan, and (d) abrogated and superseded the Fort Worth-Tarrant County Joint Resolution dated September 9, 1986; WHEREAS, on April 29, 1991, the City and the County entered into an interjurisdictional agreement ("Agreement") for emergency management and disaster relief planning (City Secretary Contract No. 18468 and Tarrant County Commissioner's Order No. 65397) according to the terms of the; Texas Disaster Act of 1975, now codified as Chapter 418 of the Texas Government Code (the "Act"); Amendment to the Fort Worth-Tarrant County Interlocal Agreement for Emergency Management Page I of 9 WHEREAS, under the Agreement, there was one Interjurisdictional Party Emergency Management Plan ("the Plan"), which covered the entire geographical area of the City and the unincorporated areas of the County, an Emergency Management Coordinator, and an Emergency Operations Center under Fort Worth's direction, the City agreed to provide the County the services referred to in Exhibit A of that Agreement, and the County agreed to pay the City a stated amount; WHEREAS, it is the desire of the City and the County to amend the Agreement to designate the services that the City will continue to provide in the City's limits, to designate the services that the County will provide in the unincorporated areas and for any city that requests such assistance from the County, and to designate the agreed upon program management functions that the City will provide while assisting the County transition into providing such services in the unincorporated areas ("Transitional Services"), at which time the County will be solely responsible for providing the services listed in Exhibit C; NOW THEREFORE, the Agencies agree as follows: 1. The City shall (a) perform all portions of the Plan within the City's limits, (b) provide County the services listed in Exhibit A, and (c) perform the services listed in Exhibit C and assist the County with transitioning into performing such services ("transitional services"). 2. The County shall concurrently conduct emergency management and disaster relief planning and education activities in conjunction with those services provided by City under this Amendment. The activities to be conducted by County include, but are not limited to, those specified in Exhibit "B" attached hereto and made a part hereof for all purposes with the understanding that those responsibilities will increase until all activities in Exhibit"C" are transitioned into Exhibit"B". 3. As payment for services rendered under the terms of this Amendment, County shall pay City out of legally available current revenues. Payment by County shall be made in four (4) equal quarterly payments following receipt of a quarterly request for payment submitted by City to County. Quarterly payment may not exceed $25,272.00 and yearly payment may not exceed $101,088.00 without additional funding approval from Commissioners Court. 4. The term of this Amendment shall begin on the date that both parties have formalized the agreement and will be effective for a period of one (1) year with option(s) to renew for an additional one year period. If no written request for renewal is given by the County, then the contract will expire at the end of the one (1) year period. 5. This Amendment may be terminated by either party by giving the other party at least ninety (90) days advance written notice of its intent to change the provisions of this Amendment. During the first sixty (60) days after such party gave its initial termination Amendment to the Fort Worth-Tarrant County Interlocal Agreement for Emergency Management Page 2 of 9 notice, the terminating parry may withdraw its written notice of termination, thereby reinstating the Amendment, if and only if the terminating parry gives the other party written notice that it is withdrawing its termination notice. The Amendment may not be reinstated during the last thirty days after a party has given written notice of termination. 6. All notices to be given pursuant to this Amendment shall be delivered by hand delivery or certified mail, return receipt requested, to: County: City: G. K. Maenius, County Administrator Dale Fisseler, City Manager 100 E. Weatherford 1000 Throckmorton St. Fort Worth TX 76196 Fort Worth TX 76102 7. This Amendment is authorized under and governed by the laws of the State of Texas. Venue for any action arising under this Amendment shall lie in state district court, Tarrant County, Texas. 8. Nothing in the performance of this Amendment shall impose any liability for claims against City or County, as the case may be, other than claims for which liability may be imposed by the Texas Tort Claims Act. In addition, City is deemed to be furnishing services related to a homeland security activity as defined in Chapter 421, Texas Government Code, and shall not be responsible for any civil liability that arises for the furnishing of a service under this Amendment. 9. The City and County do not intend for any third party to obtain any rights, contractual or otherwise, by virtue of this Amendment. 10. If, by reason of Force Majeure as hereinafter defined, either Party shall be rendered wholly or partially unable to carry out its obligations under this Amendment, then such Party shall give written notice of the particulars of such Force Majeure to the other Party within a reasonable time after the occurrence thereof. The obligations of the Party giving such notice, to the extent affected by such Force Majeure, shall be suspended during the continuance of the inability claimed and for no longer period, and such Party shall be in good faith exercise its best efforts to remove and overcome such inability. The term "Force Majeure" as utilized in this Amendment shall mean and refer to acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the government of the United States, the State of Texas, or any other civil or military authority; insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes; storms; floods; washouts; or other natural disasters; arrest; restraint of government and people; civil disturbances; explosions; breakage or accidents to machinery, pipelines or canals; or other causes not reasonably within the control of the Party claiming such inability. 11. This Amendment is subject to all applicable federal, state and local laws, ordinances, rules, and regulations, including but not limited to all provisions of the City's Charter and ordinances as amended. Amendment to the Fort Worth-Tarrant County Interlocal Agreement for Emergency Management Page 3 of 9 12. The failure of either Party to insist upon the performance of any term or provision of this Amendment or to exercise any right granted hereunder shall not constitute a waiver of that Parry's right to insist upon appropriate performance or to assert any such right on any future occasion. 13. Each Parry waives all claims against the other for property damage, personal injury or death occurring as a consequence of the performance of this Amendment. 14. It is expressly understood and agreed that, in the execution of this Amendment, neither Party waives, nor shall hereby be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising during the exercise of governmental powers and functions. [SIGNATURES APPEAR ON FOLLOWING PAGE] Amendment to the Fort Worth-Tarrant County Interlocal Agreement for Emergency Management Page 4 of 9 COUNTY OF TARRANT CITY OF FORT WORTH STATE OF TEXAS Honorable B. Glen WhitleV Dale fisseler County Judge City Manager 11g/0 Date Date Countye k City Secretary M& CNo. Court Order No.J005L Ordinance No. Contract No. A- t S-A APPROVED AS TO FORM: APPROVED AS TO FORM AND LEGALITY: --'00 /A/ 0 District Attom ' Office' City Attorney *By law, the District Attorney's Office may only advise or approve contract or legal documents on behalf of its clients. It may not advise or approve contracts or legal documents on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). Auditor Certification of Funds ' o l 0 8 a Amendment to the Fort Worth-Tarrant County Interlocal Agreement for Emergency Management Page 5 of 9 EXHIBIT "A" The City's Office of Emergency Management agrees to provide the following emergency management and related homeland security services to County pursuant to the provisions of the Texas Disaster Act of 1975, Chapter 418, Texas Government Code, as amended. 1. Provide an Emergency Operations Center (EOC) for use during a disaster within Tarrant County as the control center for communications and management of local and/or widespread disaster. 2. Provide amateur radio service and a Liaison officer in Tarrant County to conduct communications under emergency conditions. 3. Upon the request of a duly authorized county agent and subject to resource availability, provide City resources to assist in preparation for, response to, mitigation of and recovery from a disaster or major emergency within Tarrant County. 4. Submit quarterly reports to the County Commissioners Court specifying all services delivered to County during the quarter. 5. Develop and maintain an inter urisdctional county emergency management plan. 6. Any other activities required by law or deemed advisable and agreed upon by City to support the lawful objectives of the Interjurisdictional Party Emergency Management Plan. Amendment to the Fort Worth-Tarrant County Interlocal Agreement for Emergency Management Page 6 of 9 EXHIBIT"B" The following identified emergency management related activities shall be conducted by the County Emergency Management Director, County Emergency Management Coordinator or appropriate County personnel, staff or department (example: Public Health Department, Fire Marshal's Office). 1. Function as the Tarrant County point of contact as appointed by the County Judge. 2. Coordinate the disaster declaration process for Tarrant County for an actual emergency/disaster event. 3. Present outreach programs on emergency preparedness subjects, upon request and subject to available resources, to civic groups, fraternal organizations, clubs, schools, industrial employees, etc. in coordination with the appropriate local jurisdiction within the county. 4. Integrate appropriate County personnel into the response efforts of the Office of Emergency Management during times of local and/or widespread disaster within Tarrant County. 5. Attend regional meetings and activities representing Tarrant County to include committees and advisory groups. 6. Coordinate the application for disaster assistance and monitor the effectiveness of federal disaster aid programs. 7. Manage grants for the Tarrant County emergency management program. 8. Create and maintain the Tarrant County Emergency Management Webpage 9. Coordinate the Tarrant County Emergency Managers group/meetings. 10. Monitor Legislation Relating to Emergency Management for Tarrant County 11. Maintain servers and coordinate use and application of incident management software program implemented to facilitate the management and operations of the County Emergency Management Office. 12. Assist with the development of a Hurricane Shelter Assistance Program for Gulf Coast Evacuees in Tarrant County. 13. Work with Tarrant County jurisdictions to develop a county wide disaster exercise program. Amendment to the Fort Worth-Tarrant County Interlocal Agreement for Emergency Management Page 7 of 9 14. Provide training for County staff. 15. Any other activities required by law or deemed advisable in carrying out the lawful objectives of the Interjurisdictional Party Emergency Management Plan. Amendment to the Fort Worth-Tarrant County Interlocal Agreement for Emergency Management Page 8 of 9 EXHIBIT "C" The City Office of Emergency Management (OEM) agrees to provide the following emergency management and homeland security services to County. The OEM will assist in the transition of all activities listed in Exhibit "C. The County shall perform each of these functions at the end of this Amendment. The City and County shall review the items in Exhibit C and utilize an agreed upon checklist to show the complete transition of each activity. Once the transition is complete, the County shall provide a written notice to the City stating that it has assumed all activities and no longer holds the City accountable. 1. Provide a Duty Officer "on-call"to access emergency management services. 2. Monitor and relay hazardous conditions/information within Tarrant County to the County Office of Emergency Management. 3. Furnish upon request, reasonable quantities of available printed emergency management literature to County citizens, particularly items designed to educate them on the various aspects of emergency preparedness and homeland security. 4. Provide coordination to the Tarrant County Local Emergency Planning Committee 5. Coordinate the Tier II Reporting of Hazardous Chemicals for Tarrant County and Distribute Tier II data compact disk to Tarrant County Jurisdictions. 6. Coordinate the Tarrant County Hazard Mitigation Plan. 7. Collect and document critical infrastructure protection data for Tarrant County facilities. 8. Maintain close liaison with Naval Air Station/Joint Reserve Base Fort Worth officials to ensure timely assistance from Naval Air Station/Joint Reserve Base Fort Worth in any local or countywide disaster, as well as to ensure mutually coordinated responses to any off-base military incident within Tarrant County. 9. Conduct activities as the County Radiological Officer with agencies throughout Tarrant County regarding radiological readiness programs, monitoring equipment, training and exercises. 10. Provide Emergency Public Information during disasters. 11. Any other activities required by law or deemed advisable in carrying out the lawful objectives of the Interjurisdictional Party Emergency Management Plan. Amendment to the Fort Worth-Tarrant County Interlocal Agreement for Emergency Management Page 9 of 9 I of City of Fort Worth, Texas Mayor and council communication COUNCIL ACTION: Approved on 9/9/2008 DATE: Tuesday, September 09, 2008 REFERENCE NO.: C-23026 LOG NAME: 02EMCONTRACT SUBJECT: Authorize Execution of an Amendment to the Interlocal Agreement with Tarrant County for Emergency Management Services RECOMMENDATION: It is recommended that the City Council authorize the execution of an Amendment to the Interlocal Agreement with Tarrant County for the provision of emergency management and disaster relief planning services. DISCUSSION: The Texas Disaster Act of 1975 (Texas Government Code, Chapter 418) allows county and municipal governments to enter into interjurisdictional agreements for the provision of emergency management and disaster relief planning. On September 9, 1986, City Council adopted a joint resolution with Tarrant County authorizing the execution of an Agreement establishing the Fort Worth-Tarrant County Interjurisdictional Agency for Emergency Management(M&C C-9848). The Agreement was amended in 1989 and in 1991. In recent years, Tarrant County has developed additional capabilities in emergency management, such as staff and financial resources, and will be requiring fewer services from the City's Office of Emergency Management as the County transitions into performing more of the functions currently performed by the City. Under the current Agreement, the County pays 17 1/3 percent of actual expenditures by the City's Office of Emergency Management. Under the Amendment, the County's quarterly payments may not exceed $25,272.00 and yearly payments may not exceed $101,088.00 without additional funding approval from the Commissioner's Court, The City can terminate the Agreement if the City hasn't received the County's payment within 60 days. The Amendment is for a term of one year, with an option to renew for an additional year. The Amendment provides that Tarrant County will still be a part of the Fort Worth-Tarrant County Emergency Operations Plan. The County will continue to utilize the Emergency Operations Center and receive assistance in the management of amateur radio volunteers in the county. The Amendment specifies which services will be provided by the City, which will be provided by the County, and which will be provided concurrently. Federal and state matching funds will remain the same. FISCAL INFORMATION /CERTIFICATION: The Finance Director certifies that upon execution of the above Amendment, the City Manager's Office, Office of Emergency Management, is responsible for collection of funds due the City under this http://apps.cfwnet.org/ecouncil/printme.asp?id=10323&print -true&DocType=Print 8/27/2009 Page 2 of 2 Amendment. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451345 002450232000 $101,088.00 CERTIFICATIONS: Submitted for City Manager's Office by: Joe Paniagua (6191) Ori inating_Deeartment Head: Juan Ortiz (6173) Additional Information Contact: Theresa Alonso (6174) ATTACHMENTS No attachments found. http://apps.cfwnet.org/ecounciI/printmc.asp?id=10323&print=true&DocType=Print 8/27/2009