Loading...
HomeMy WebLinkAboutContract 22017 X07 AGREEMENT FOR MUTUAL AID IN COORDINATION OF DISASTER ASSISTANCE STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is entered into this day of iby and between the undersigned municipal corporations, political subdivisions, and public entities, and others executing identical counterparts hereto, as parties hereto, each acting through its duly authorized officials. WITNESSETH: WHEREAS, both natural and technological disasters consistently pose equipment and staffing problems beyond the capacity of most individual cities, and WHEREAS, in the past cities and other political subdivisions in the North Central Texas Council of Governments area have provided assistance to others in the form of personnel and equipment both during the initial emergency as well as prot;acted cleanup periods, and WHEREAS, a formal agreement between the parties would allow for better coordination of this effort, provide that adequate equipment is available, and help ensure that this is accomplished in the minimum time possible, and WHEREAS, the governing officials of the entities who have executed this Agreement or identical counterparts, political subdivisions and public entities of the State of Texas and the United States of America, collectively desire to secure for each such entity the benefits of mutual aid and protection of life and property in the event of a disaster, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That upon request of the City Manager or the person or officer designated by the entity, each entity which is a party hereto shall furnish mutual aid in coping with a disaster as defined in Section 418.004 of the Texas Government Code and the forces necessary to provide such mutual aid to a requesting entity or entities, during a state of local disaster as declared by the requesting entity, subject to the conditions hereinafter stated. 2. The provisions of this agreement are activated whenever any party declares a local disaster. The governing body of each party, by signing this agreement, authorizes the provisions of assistance upon a declaration of a local disaster. 3. Any furnishing of equipment, supplies, and forces pursuant to thiW e"RECORD is subject to the following conditions: CRY SECRETARY FT. WORTH, TEX. a. Any request for aid hereunder shall include a statement of the amount and type of equipment and number of personnel requested, shall specify the location to which the equipment and personnel are to be dispatched, and shall state the time period for which such equipment and personnel are requested. The entity furnishing aid hereunder shall in its sole discretion, determine what equipment and personnel are available to furnish the requested aid. b. The responding entity shall report to the officer in charge of the requesting entity's forces at the location to which the equipment and personnel are dispatched. C. A responding entity shall be released by the requesting entity when the services of the responding entity are no longer required or when the officer in charge of the responding entity's forces determines, in the officer's sole discretion, that further assistance should not be provided. 4. Each entity which is a party hereto shall prepare and keep current an emergency management plan for its jurisdiction providing for disaster preparedness, response, recovery, and rehabilitation. The plan may provide for wage, price, and rent controls and other economic stabilization methods in the event of a disaster and shall provide for curfews, blockades, and limitations on utility use in an area affected by a disaster. It shall provide rules governing entrance to and exit from the affected area, and other security measures deemed necessary. 5. The City of Fort Worth will act as coordinating agency for mutual aid responses in the counties of Tarrant, Erath, Hood, Johnson, Palo Pinto, Parker, Somervell and Wise (collectively the Fort Worth area) under this Agreement. The City of Dallas will act as the coordinating agency for mutual aid responses in the counties of Dallas, Collin, Denton; Ellis, Hunt, Kaufman, Navarro, and Rockwall (collectively, the Dallas area) under this Agreement. Such coordination shall be through the Emergency Operations Centers (EOC's) of the two respective cities. As part of their duties as coordinating agencies, the cities' EOC's shall maintain a current listing of all parties to this agreement. Such listing shall include personnel to be contacted in each member entity, appropriate telephone and facsimile numbers, and other information which would be needed in order to contact each member in the case of a response. In the event of a widespread disaster affecting more than one entity which is a party hereto, the EOC shall coordinate the call-up and assignment of personnel and equipment to the affected areas. 6. The participating entities in the Fort Worth area shall contribute $100 each to defray administrative expenses associated with this Agreement. These funds shall be held in an account by the North Central Texas Council of Governments (NCTCOG). Any funds shall be expended solely for the purpose stated above upon receipt of a request for reimbursement by the City of Fort Worth. Additional funds shall be deposited by the member entities upon request by NCTCOG, respectively, when NCTCOG advises the member entities that its fund is expected to be depleted. An accounting of funds expended by NCTCOG shall be provided no less than annually to the member entities. -2- 7. Each entity waives all claims against the other entities which are 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 or employee of another entity. Provided, however, that this waiver shall not apply in those cases in which the claim results from the failure of the requesting entity to accept responsibility for any civil liability for which the requesting entity is responsible as determined by the Interlocal Cooperation Act, Chapter 791 of the Government Code of Texas, and as it may be amended in the future, or other applicable law. 8. A responding entity is authorized to request reimbursement from the requesting entity for costs incurred pursuant to this Agreement in furnishing disaster assistance or aid. Personnel who are assigned, designated or ordered by their governing body to perform duties pursuant to this Agreement shall receive the same wages, salary, pension, and other compensation and rights for the performance of such duties, benefits, as though the service had been rendered within the limits of the entity where those personnel are regularly employed. All wage and disability payments, except for those payments the requesting entity is required to pay under the Interlocal Cooperation Act, pension payments, damage to equipment and clothing, medical expenses, and expenses of travel, food, and lodging shall be paid by the entity in which the employee in question is regularly employed. 9. All equipment used by the responding entity in carrying out this Agreement W11, during the time response services are being performed, be owned, leased, or rented, by it; and all personnel acting for the responding entity under this Agreement will, during the time response services are required, be paid by the responding entity. At all times while equipment and personnel of any responding entity are traveling to, from, or within the geographical limits of the requesting entity 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 responding entity. Further, such personnel shall be deemed to be engaged in a governmental function of their entity. 10. In the event that an individual performing duties subject to this Agreement shall be cited as a defendant party to any state or federal civil lawsuit, arising out of his or her official acts while performing duties pursuant to the terms of this Agreement, such individual shall be entitled to the same benefits that he or she would be entitled to receive had such civil action arisen out of an official act within the scope of his or her duties for the entity where regularly employed or volunteering and occurred within the jurisdiction of the entity where regularly employed or volunteering. The benefits described in this paragraph shall be supplied by the entity where the individual is regularly employed or volunteering. However, in situations where the requesting entity may be liable, in whole or in part for the payment of damages, then the requesting entity may intervene in such cause of action to protect its interests. -3- 11. It is agreed by and between the parties hereto 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. 12. This Agreement contains all commitments and agreements of the parties hereto as to mutual aid to be rendered during or in connection with the declaration of a local state of disaster. No other oral or written commitments of the parties shall have any force or effect if not contained herein. Notwithstanding the preceding sentence, it is understood and agreed that certain signatory entities may have heretofore contracted or hereafter contract with each other for mutual aid in disaster situations, and it is hereby agreed that this Agreement shall be subordinate to any such individual contract. 13. Each entity hereby ratifies the actions of its personnel taken prior to the date of this Agreement. 14. The parties agree that this Agreement is entered into between the entities pursuant to the authority of Chapter 418 and Chapter 791 of the Government Code. The entities which are parties hereto agree that this Agreement is for the performance of governmental functions and services as described in Chapter 791 . 15. In case one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, Illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 16. To assist each other in the process of mutual aid response planning, each party hereto agrees to inform the other parties of all mutual aid agreements which each � party has instituted with other municipalities, entities, counties; or other state or federal agencies. 17. This contract has been officially authorized by the governing body of each party hereto. Each entity which performs ser--,,,ices or furnishes equipment pursuant to the terms of this Agreement shall do so with funds available from current revenues of the entity. 18. This Agreement shall be effective immediately upon the execution of a counterpart hereof by the authorized officer of each entity, and shall remain in full force and effect until terminated by one or more of the contracting entities. Notwithstanding the provisions hereof, any local government which is a party hereto may provide emergency assistance to another local government as provided in Section 791 .027 of the Texas Government Code. EXECUTED by the parties hereto, each respective entity acting by and through its duly authorized official as required by law, on the date specified on the multiple counterpart executed by such entity. ATTEST: CITY OF FORT WORTH NAME: � ��' � NAME: e nn TITLE: TITLE: s f �k1- C;�� mss✓ DATED: =OIDLEGALITY: NAME: TITLE: *s-r GT`( AT-4 ATTEST: City of Bedford (Name of Governmental Entity) NAME: NAME: LwA ` 66� TITLE: City Secretary TITLE: City Manager DATED:- APPROVE R FO AND LEGALITY: NAME: Sr-4N 1,f-wfY TITLE: City Attorney 153 '07 Contract AuthorizaLion Date REGIONAL EMERGENCY RESOURCE ASSISTANCE PROCEDURAL INFORMATION Resource Inventories and Data Maintenance: 1) Participating resource jurisdictions will complete and maintain on file a "Resource Inventory List." Copies of the inventories and supporting information (street map and phone directory) will be forwarded to the City of Fort Worth Emergency Manage- ment Office ( EMO). 2) Participating jurisdictions will designate a "Primary Point of Contact" for requesting or arranging assistance. 3) EMO will maintain materials on file for all participating jurisdictions. 4) EMO will initiate quarterly updates. When Requesting Assistance: 1) Before initiating a request for local assistance, the affected community must declare a local state of disaster. 2) Affected communities considering mutual aid assistance under this agreement should also contact the State of Texas Department of Public Safety through their Regional Liaison Officer to request assistance. The Fort Worth EMO may assist in coordinating this request. 3) If additional local assistance is required, the affected community should use its "Primary Point of Contact" to call the City of Fort Worth EMO, 817-871-6170, during normal working hours. After normal workirig hours,call the Fire Alarm Office, 817-922-3000 and request a return call by an EMO representative. 4) The affected community should: a) use the "Resource Inventory List" to specify equipment and resources that it requires. b) specify a staging area for the requested resource. c) estimate how long each resource may be required. 5) If the requesting community, for whatever reason, is unable to assess its needs, it should request that an assessment team be sent to assist. 6) EMO will use the "Resource Inventory" lists on file to determine the nearest jurisdiction with the requested resource. EMO will initiate contacts with these jurisdictions to determine availability. 7) EMO will notif, the requesting community of the availability of the resource and assist in arranging for delivery. Page 1 When Providing Assistance: 1) Do not send help until requested. The arrival of unnecessary and unrequested equipment and resources generally has a negative impact on coordination efforts. 2) Jurisdictions are not obligated to commit resources even when identified as "potentially available." 3) The Fort Worth EMO will inform you who to report to and also identify a "Point of Contact" at the requesting city. This "point of contact" will be a person with whom you can discuss long-term needs and any other matters that need to be decided on a case by case basis between you and the requesting city. 4) Each jurisdiction providing assistance should track and maintain a record of their expenditures in accordance with standard accounting practices. 5) All equipment provided will be accompanied by operational staff unless other arrangements are agreed to between the providing and receiving jurisdictions. 6) Each jurisdiction providing equipment should specify any limitations on equipment and accompanying staff. Page 2 RESOURCE INVENTORY LIST FOR as of City County Date Please type or print dearly AUTHORITY Primary Name/Title Phone FAX Secondary Name/Title Phone FAX After Hours Name/Title Phone FAX Emergency Management Name/Title Phone (Day) FAX (Night) Pager PERSONNEL NO. AVAILABLE FOR MUTUAL 7A71D] Building Inspectors Electrical Inspectors Mechanical Inspectors Plumbing Inspectors Traffic Control Specialists Environmental Specialists Water Quality Specialists Construction Engineers Other: RESOURCE INVENTORY LIST Please type or pant clearly Equipment Descri tion Size NoMutual A dfor Dra line Track Dozier Track Loader Gradall H d. Excavator/Backhoe Track Lowbo Rotoboom S ider Vac All Wrecker(s) Wheel Loaders Motor Grader(s) Crane Truck Dump Truck(s) Tandem Dump Trucks Flusher FEL Dump Trucks Pickup Truck(s) Bridge Ins. Truck Equipment Service Truck Greasetruck Tower Truck Bucket Truck Tractor with Loader Tractor s /Backhoe Trash Truck Trash Truck/Side Loader Brush Truck/Open To Truck with Backhoe Yard Crane Mobile Fork Lift High Pressure Sewer Cleaner Loader/Packer Skid Steer Loader Stump Grinder Sweeper Trailer(s) Single Axle RESOURCE INVENTORY LIST Please type or print clearly No. Available for E ui ment Description - contd. Size Mutual Aid Trailer(s)/Flat - bed Trailer/Hi - bed Trash Trailer/Lo - bed Trash Tub Grinder Tu Air Com ressor Brush Chimer Generator(s) Lightina E ui ment Station Wagon Van(s) Other: Fire Apparatus Enine Truck Quint Attack Brush Tanker Light & Air Command Post Police Equipment Sedans Other City of Fort Worth Texas Mayor and Council Communication DATEREFERENCE NUMBER LOG NAME ri AGE 04/02/96 C-15378 36MUTAID of 1 syssacT I AGREEMENT FOR MUTUAL AID IN COORDINATION OF DISASTER ASSISTANCE RECOMMENDATION: It is recommended that the City Council authorize the City Manager.to execute the attached Agreement with participating entities to establish a central point of contact for North Central Texas Council of Governments (NCTCOG) cities either in need of or willing to provide-assistance during or following a declared disaster. DISCUSSION: The NCTCOG, in cooperation with the City of Fort Worth through the Emergency Management Office (EMO) and the City of Dallas through their Emergency Preparedness Office (EPO), developed the agreement to establish the Fort Worth EMO as the coordinating agency for mutual aid responses in the counties of Tarrant,Erath, Hood, Johnson, Palo Pinto, Parker, Somervell and Wise (collectively, the Fort Worth area), and the Dallas EPO as the coordinating agency for mutual aid responses in the counties of Dallas, Collin, Denton, Ellis, Hunt, Kaufman, Navarro and Rockwall (collectively, the Dallas area). The EMO and EPO will' keep up-to-date lists of the names, telephone numbers, and other pertinent information necessary to quickly contact the appropriate person(s) in participating entities and will serve as a backup for each other. This Agreement will provide coordination to ensure a match of resources and needs to preclude an onslaught of unneeded assets, while assuring proper assistance when assistance is needed. Entities that choose to sign this agreement will pay a nominal fee for administration of the program. NCTCOG will establish an account to reimburse Fort Worth for costs associated with maintenance of this Agreement and will request additional payments when the account is nearing depletion. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that this Agreement will have no material effect on City funds. BT:a Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) IAby Watson 6183APPROVED ^ V Soriginating Department Head: #� `�`J�-;� i'"I t H.L.McMillen 6805 (from) For Additional Information city Srrtabwy of B:o of F ����: C:".i' o:t 14.:oily Ta-= H.L.McMiilen 6805 Printed on Recycled Paper