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HomeMy WebLinkAboutContract 49908 t ' 3456 8�r0 CITY SECRM CONTRACN TTO. _C1 l INTER-JURISDICTIONAL HURRICANE HARVEY 17 4 3 5 MUTUAL AID AGREEMENT / `s Stat i exas § 8 � 99VZ § County of Harris § This Inter-Jurisdictional Mutual Aid Agreement ("Agreement") is entered into as of the date last executed by the Parties by and between the City of Houston, Texas, a home-rule city principally situated in Harris County, Texas and the City of Fort Worth, Texas, a home-rule city principally situated in Tarrant County, Texas (individually, a "Party", and collectively,the"Parties"). WHEREAS,the Parties recognize the vulnerability of the people and communities located in their respective jurisdictions to damage, injury, and loss of life and property resulting from Hurricane Harvey(as defined herein) and recognize that Hurricane Harvey may present equipment and manpower requirements beyond the capacity of each individual Party; and, WHEREAS, the Parties to this Agreement recognize that in the past Mutual Aid has been provided between or among the Parties in the form of personnel, equipment, and other resources during Hurricane Harvey and to help with recovery; and, WHEREAS, the governing officials of the Parties specifically desire to secure for each Party the benefits of Mutual Aid and protection of life and property in connection with Hurricane Harvey; and, WHEREAS,the Parties wish to make suitable arrangements for furnishing Mutual Aid in responding to the needs resulting from Hurricane Harvey and are so authorized and make this Agreement pursuant to Chapter 791 of the Texas Government Code (Interlocal Cooperation Act), Chapter 418 of the Texas Government Code (Texas Disaster Act of 1975),Chapter 421 of the Texas Government Code(Homeland Security),and Chapter 362 of the Local Government Code; and, WHEREAS, the Parties recognize that a formal agreement for Mutual Aid would allow for better coordination of effort, provide that adequate equipment is available, and help ensure that Mutual Aid is accomplished in the minimum time possible and with proper documentation of the work performed under this Agreement, and desire to enter into this Agreement to provide Mutual Aid consistent with the mutual aid plans developed by the ti3 4 5 , 8 tive jurisdictions and approved by the governing bodies of the jurisdictions. W, THEREFORE, the Parties agree as follows: OFFICIAL RECORD CITYZ' CaRETARY oFFOP��P� FT.W RTH9 TX 6 � 8199V 4 Terms 1. RECITALS The recitals set forth above are true and correct. 2. DEFINITIONS For purposes of this Agreement, the terms listed below shall have the following meanings: a. Aareement—This Inter-Jurisdictional Mutual Aid Agreement. b. Emergency—Hurricane Harvey, a category 4 hurricane that made landfall in Texas on August 25,2017,and its aftermath, including but not limited to flooding and other events and conditions resulting, directly or indirectly, from Hurricane Harvey ("Hurricane Harvey"). c. Mutual Aid — A homeland security activity, such as an activity related to the prevention or discovery of, response to, or recovery from a terrorist attack,natural or man-made disaster,hostile military or paramilitary action, or extraordinary law enforcement emergency and also includes personnel, equipment, and other resources. d. NIMS—The National Incident Management System. e. Point of Contact — The individual or individuals authorized by each Party to request or respond to a request for Mutual Aid on behalf of the Party. A Party's Emergency Management Director, the Houston Chief Procurement Officer, or the Chief Executive Officer is always a Point of Contact, in addition to those designated as the Point of Contact. Where the Party is the City of Houston, the Chief Executive Officer is the Mayor of the City of Houston. f. Reimbursable Expenses. Reimbursable Expenses includes compensation for personnel, including overtime and benefits; materials; operation and maintenance of equipment; damage to equipment; and food, lodging and transportation expenses for personnel and equipment. Other categories of expenses may be included as Reimbursable Expenses as determined and approved in writing by the Requesting Party's Point of Contact. g. Requesting Party—The Party requesting Mutual Aid under this Agreement. h. Respondin Pg_arty—The Party providing Mutual Aid assistance under this Agreement. 3. POINT OF CONTACT DESIGNATION Each Party shall provide the other Party with written protocol by which its' designated Point of Contact may be contacted twenty-four hours a day, seven days a week. This protocol shall designate, by name or position, the person or persons authorized to request or respond to a request for Mutual Aid on behalf of a Party Page 2 of 12 under this Agreement. Each Party must notify the other Party in writing of any change in its Point of Contact protocol as soon as practicable. 4. ACTIVATION OF AGREEMENT This Agreement is activated when a request is made for Mutual Aid assistance in connection with Hurricane Harvey. The request shall be documented by the Requesting Party and forwarded to the Responding Party. 5. INITIATION OF REQUEST A request under this Agreement may be made by a Point of Contact after one of the following occurs: a. After a declaration of a local state of Disaster related to Hurricane Harvey pursuant to Chapter 418 of the Texas Government Code, as amended; or, b. After a finding of the Emergency as determined by the Point of Contact of the Requesting Party. 6. PROCEDURES FOR REQUESTS Subject to the conditions in this Section, a Point of Contact may request Mutual Aid assistance in connection with Hurricane Harvey by: (1) submitting a written request for assistance to a Point of Contact of a Responding Party, or (2) orally communicating a request for Mutual Aid assistance to a Point of Contact of a Responding Party, which shall be followed up by written documentation. a. The written request shall state that the request is made pursuant to this Agreement. b. Mutual aid shall not be requested by a Party unless it is directly related to the Emergency and resources available from the normal responding agencies to the stricken area are deemed to be inadequate, or are predicted to be expended prior to the resolution of the Emergency. c. All requests for Mutual Aid shall be transmitted by a Point of Contact of the Requesting Party to a Point of Contact of the Responding Party. d. Each request for assistance shall be accompanied by the following information,to the extent known: i. A general description of the Emergency and the damage or injury sustained or threatened; ii. Identification of the general emergency service function or functions for which assistance is needed (e.g. fire, law enforcement, emergency medical, search and rescue, transportation, communications, public works and engineering, building, inspection, planning and information assistance, debris collection and removal, solid waste management, mass care,resource support,health and other medical services,etc.)and the particular type of assistance needed; Page 3 of 12 iii. The amount and type of personnel, equipment, and other resources needed and a reasonable estimate of the length of time that each will be needed; iv. The location(s) to which the resources are to be dispatched and the specific time by which the resources are needed; and, v. The name and contact information of a representative of the Requesting Party, if available, to meet the personnel and equipment of any Responding Party at each location to which resources are dispatched. 7. THE PROVISION OF MUTUAL AID Subject to the conditions of this Section,upon request of the Requesting Party,each Party hereto shall furnish Mutual Aid in responding to the needs attributable to Hurricane Harvey. a. Assessment of Availability of Resources and Ability to Render Assistance. When contacted by a Requesting Party, a Point of Contact of the Party from which aid is requested agrees to assess local resources to determine availability of personnel, equipment and other assistance to respond to the request. A Responding Party is not required to provide Mutual Aid assistance unless the Responding Party determines that the Responding Party has sufficient resources to provide assistance, based on current or anticipated events in its jurisdiction. b. Information Required of the Responding PartL. A Point of Contact who determines that the Responding Party has available personnel, equipment, and other resources, shall so notify the Requesting Party and provide the following information,to the extent known: i. A complete description of the personnel and their expertise and capabilities, equipment, and other resources to be furnished to the Requesting Party; ii. The estimated length of time that the personnel,equipment,and other resources will be available; iii. The name of the person or persons to be designated as supervisory personnel; and, iv. The estimated time of arrival for provided assistance to arrive at the designated location(s). c. Supervision and Control. When providing assistance under the terms of this Agreement, the response effort, to the extent possible, should be organized and function in accordance with National Incident Management System(NIMS)guidelines.The personnel, equipment, and resources of a Responding Party being used in the response effort will be under the operational control of the Requesting Party. Direct supervision and control of personnel, equipment and resources, as well as personnel accountability, shall remain the responsibility of the designated Page 4 of 12 supervisory personnel of the Responding Party. Emergency Medical Services organizations providing assistance under this Agreement will utilize medical protocols authorized by their medical director. The designated supervisory personnel of the Responding Party shall:maintain daily personnel time records, material records and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Responding Party; and, report work progress to the Requesting Parry. d. Food, Housing, and Self-Sufficiencv. Responding Party personnel and equipment should be, to the greatest extent possible, self-sufficient while working in the Emergency area. The Requesting Party may limit its request for assistance to only self-sufficient personnel and resources in its request for assistance. e. Rights and Privileges. Personnel who are assigned, designated or ordered by their Party's governing body or chief executive officer to perform duties pursuant to this Agreement shall continue to receive the same wages, salary, pension and other compensation including injury or death benefits, disability payments, and workers' compensation benefits, for the performance of those duties as though the services had been rendered for the Party employing the personnel. The Responding Party employing the person is responsible for the payment of wages,salary,pension,and other compensation and benefits associated with the performance of duties under this Agreement. f. License Portability. If the assistance of a person who holds a license, certificate, permit, or other document evidencing qualification in a professional, mechanical, or other skill is requested by a Party under this Agreement,the person is considered licensed, certified, permitted, or otherwise documented in the Requesting Party's jurisdiction in which the service is provided as long as the service is required, subject to any limitations imposed by the chief executive officer or governing body of the Requesting Party. g. The Duration of Aid. The provision of Mutual Aid under this Agreement may continue until the services of the Responding Party are no longer required, or the Responding Party determines that further Mutual Aid should not be provided. Resources of the Responding Party shall remain subject to recall by the Responding Party at any time, subject to reasonable notice to the Requesting Party. 8. COSTS a. All costs associated with the provision of Mutual Aid for the Emergency shall be paid by the Responding Party and reimbursed by the Requesting Party at the Responding Party's actual and reasonable cost of Reimbursable Expenses to the extent permitted by law. Notwithstanding any other provision in this Page 5 of 12 Agreement, (i)the Requesting Party has no obligation under this Agreement to make any payment of any amount of money to the Responding Party in excess of the amount of the Responding Party's actual and reasonable costs for Reimbursable Expenses and (ii) the Requesting Party shall not issue or make payments to the Responding Party prior to the Requesting Party's receipt of supporting documentation in connection with the Mutual Aid sufficient for the Requesting Party to justify payment of the Responding Party's actual and reasonable costs for Reimbursable Expenses. In the event federal funds are available for costs associated with the provision of Mutual Aid,the Parties agree that the Requesting Party shall make the claim for the eligible costs of the Responding Party on its federal subgrant application and will disburse funds that cover the actual and reasonable costs of the Responding Party's Reimbursable Expenses provided, (i) the Responding Party has submitted a timely request for reimbursement in accordance with this Section and (ii) that costs do not exceed the types of costs eligible under the Mutual Aid guidelines for reimbursement under the Stafford Act, Title 44 of the Code of Federal Regulations, and in other public laws, regulations or policies. b. The Responding Party must submit requests for reimbursement as soon as practicable but no later than sixty days after the return of all personnel and equipment deployed under this Agreement. Failure to submit a request for reimbursement within the specified time frame will result in the Responding Party not being reimbursed for the Mutual Aid provided unless the Requesting Party extends the deadline for filing requests for reimbursement or the Federal or State Government extends the deadline for filing request for reimbursement. Such reimbursement requests shall specifically identify all personnel, equipment, and resources provided; dates of issuance or duration of deployment, and the unit cost and total costs associated with each. The provision of Mutual Aid will be considered non-reimbursable if the Responding Party does not request reimbursement within the time specified in this Section. c. Provided the Responding Party has submitted a timely request for reimbursement in accordance with this Section, the Requesting Party shall make payment to the Responding Party for reimbursement requests that have been properly documented,consistent with the requirements of this Agreement, and approved by the Requesting Party's Point of Contact no later than ninety days after the Requesting Party receives reimbursement from the federal government. d. The Responding Party shall be responsible for creating and maintaining a record of all costs incurred, both reimbursed and unreimbursed costs, in providing Mutual Aid under this Agreement. The Responding Party shall keep records in both digital and tangible formats. The Responding Party shall keep records for the time period required by 2 C.F.R. Section 200.333 (retention requirements for records) in the event the Requesting Party receives federal funds for all or part of the reimbursed costs or for three years from date both parties agree final invoices have been paid when no federal funds are used by the Requesting Party.The Requesting Party shall notify the Responding Party when the federal Page 6 of 12 grant or series of grants that gave rise to the initiation of a request under this Agreement are closed. The Responding Party must respond to all requests for documentation or information from the Requesting Party within seven days of receipt and must provide the requested documentation within thirty days of receipt of the request,unless the time is extended by the Requesting Party. Such requests from the Responding Party may include without limitation requests for specific document and additional information required to fulfill state and/or federal audit requests. 9. INSURANCE a. Workers' Compensation Coverage. Each Party shall be responsible for complying with the Texas Workers' Compensation Act. b. Automobile Liability Coverage. Each Party shall be responsible for complying with the Texas motor vehicle financial responsibility laws. c. General Liability, Public Officials Liability and Law Enforcement Liability. Each Party agrees to obtain or continue its general liability, public official's liability and law enforcement liability insurance, if applicable, or maintain a comparable self-insurance program. d. Other Coverage: The Responding Party shall provide and maintain its standard packages of medical and death benefit insurance coverage while its personnel are assisting the Requesting Party. 10. WAIVER OF CLAIMS AGAINST PARTIES Each Party hereto waives claims 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 part by the gross negligence of an officer or employee of another Party. 11. EXPENDING FUNDS a. Each Responding Party which performs services or furnishes aid pursuant to this Agreement shall do so with appropriated funds from current revenues available to the Responding Party,to the extent permitted by law.No Party shall have any liability for the failure to expend funds to provide aid hereunder. b. Each Requesting Party which reimburses costs of a Responding Party shall do so with appropriated funds from current revenues available to the Requesting Party,to the extent permitted by law. 12. EMERGENCY ASSISTANCE AND LAW ENFORCEMENT ASSISTANCE Notwithstanding any other provisions herein, either Party hereto may provide emergency assistance or law enforcement assistance to the other Party as provided in Section 791.027 of the Texas Government Code or Section 362.002 of the Texas Local Government Code. Page 7 of 12 13. TERM This Agreement shall become effective as to each Party when approved and executed by that Party and shall be binding on each Party through December 31 of the year signed. This Agreement shall automatically renew each successive calendar year until such time as a Party terminates its participation as set out in this Agreement. 14. LIABILITY IN FIRE PROTECTION CONTRACT OR PROVISION OF LAW ENFORCEMENT SERVICES. To the extent that this Agreement is considered an Agreement under Section 791.006 of the Texas Government Code, the Responding Party under this Agreement is responsible for any civil liability that arises from the Responding Party's furnishing of services described in Section 791.006. 15. LIABILITY UNDER INTERLOCAL CONTRACT A Party that furnishes a service related to a homeland security activity, as defined in Chapter 421 of the Texas Government Code, under this Agreement is immune from civil liability for any act or omission resulting in death, damage, or injury while acting under this Agreement if the act or omission was in good faith and in the course and scope of its functions to provide a service related to a homeland security activity. To the extent that any service is not considered to be a homeland security activity, as defined in Chapter 421 of the Texas Government Code, the Responding Party assumes all risk of and responsibility for any claims against the Responding Party that arise out of the Responding Party's furnishing of Mutual Aid under this Agreement. 16. ENTIRETY This Agreement contains all commitments and agreements of the Parties regarding Mutual Aid to be rendered during or in connection with Hurricane Harvey. All previously entered into mutual aid agreements between the Parties are superseded by this Agreement. No other oral or written commitments of the parties shall have any force or effect if not contained herein. Any request for Mutual Aid pursuant to Section 6 provided by either Party on or after August 24, 2017, is deemed to be provided under the terms of this Agreement. 17. RATIFICATION Each Party hereby ratifies the rendering and/or receiving of Mutual Aid provided pursuant to Section 6 but taken prior to the date of this Agreement. 18. INTERLOCAL COOPERATION ACT The Parties agree that Mutual Aid in the context contemplated herein is a "governmental function and service" and that the Parties are "local governments" as those terms are defined in the Interlocal Cooperation Act. 19. CONFIDENTIALITY The Parties recognize that the provision of Mutual Aid under this Agreement may result in the transfer of confidential medical information between them. The Parties Page 8 of 12 shall guard the confidentiality of such information as required by the federal Health Insurance Portability and Accountability Act of 1996(HIPAA),the Texas Medical Practice Act, and other state privacy laws pertaining to the confidentiality of medical records. 20. SEVERABILITY If a provision contained in this Agreement is held invalid for any reason,the invalidity does not affect other provisions of this Agreement that can be given effect without the invalid provision,and to this end the provisions of this Agreement are severable. 21.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. 22. AMENDMENT This Agreement may be amended only by mutual written consent of the Parties. 23. 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 Parties hereto. 24. 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. 25. NOTICES Any notice required or permitted between the Parties must be in writing, addressed to the attention of each respective Point of Contact,and shall be delivered in person, or mailed certified mail, return receipt requested, or may be transmitted by facsimile transmission. 26.WARRANTY The Agreement has been officially authorized by the governing or controlling body of each Party hereto by order, ordinance or resolution and each signatory to this Agreement guarantees and warrants and guarantees that the signatory has full authority to execute this Agreement and to legally bind the respective Party to this Agreement. 27. IMMUNITY RETAINED The Parties to this Agreement do not waive or relinquish any immunity or defense on behalf of itself, officers, employers, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Page 9 of 12 28. GOVERNING LAW AND VENUE The laws of the State of Texas shall govern this Agreement. In the event of an Emergency physically occurring within the geographical limits of only one county that is a Party hereto, venue shall lie in the county in which the Emergency occurred. In the event of an Emergency physically occurring in more than one county that is a Party hereto, venue shall be determined in accordance with the Texas Rules of Civil Procedure. 29. FORMS Either Party may prepare and provide forms designated for the purposes of this Agreement to be used by the Parties. 30. HEADINGS The headings at the beginning of the various provisions of this Agreement have been included only to more quickly locate the subject covered by each provision and are not to be used in construing this Agreement. Remainder of Page Intentionally Left Blank Signature Pages to Follow Page 10 of 12 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. ATTEST/SEAL: CITY OF HOUSTON, TEXAS Signed b :, R 1 '2%fin City Secretary Sylvester Turner ;NzA-�3- Mayor A ROVED. C E 'ef Pr curement Officer City Controller AP OVED TO FORM: DATE COUNTERSIGNED: Assistant Cit ttorney e3y / 7 o/.SSD ©/ f,OFFICIAL RECORDY SECRETARY.WORTH,TX Page 11 of 12 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. CITY OF FORT WORTH,TE FORT ATTEST/SEAL: Signed l)�: s ` � igned by: I a\ rd Cooke '�` ity ecr City Manager t Date: 0 � APPROVED AS TO FORM: ssis ant City Attorney Page 12 of 12 j,4, CITY OF HOUSTON Sylvester Turner Legal Department Mayor Ronald C. Lewis City Attorney P.O. Box 1562 Houston,Texas 77251-1562 T.832-393-6491 F.832-393-6259 www.houstontx.gov January 18, 2018 ECEIVE JAN 2 2 2018► Leann Guzman Sr. Assistant City Attorney/Section Chief Real Estate & City Facilities BY: City of Fort Worth Office of the City Attorney 200 Travis Street Fort Worth, Texas 76102 Re: Fully executed Inter-Jurisdictional Hurricane Harvey Mutual Aid Agreement Dear Ms. Guzman, Enclosed please find the two fully executed Inter-Jurisdictional Mutual Aid Agreements between the City of Houston, Texas and the City of Fort Worth, Texas. Sincerely,." Martin P. Buzau Sr. Assistaht City Attorney, Chief-Contracts Section City of Houston Legal Department MPB/lap Enclosures Council Members: Brenda Stardig Jerry Davis Ellen R.Cohen Dwight A.Boykins Dave Martin Steve Le Greg Travis Karla Cisneros Robert Gallegos Mike Laster Larry V.Green Mike Knox David W.Robinson Michael Kubosh Amanda Edwards Jack Christie Controller: Chris Brown