Loading...
HomeMy WebLinkAbout13-1418 11-12-2013 RESOLUTION NO. 13-1418 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, AUTHORIZING THE MAYOR TO SIGN THE NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT ("AGREEMENT") ENTERED INTO BY, BETWEEN, AND AMONG THE NORTH CENTRAL TEXAS PARTICIPATING LOCAL GOVERNMENTS AND/OR POLITICAL SUB-DIVISIONS LOCATED WHOLLY OR PARTIALLY WITHIN THE STATE OF TEXAS WHEREAS, the City of Euless, Texas ("City") recognizes the vulnerability of the people and communities located within local governments and public subdivisions to damage, injury, and loss of life and property resulting from emergencies, disasters or civil emergencies and recognize that such incidents may present equipment and personnel requirements beyond the capacity of each individual governmental entity; and WHEREAS, the City desires to secure the benefits of Mutual Aid for the protection of life and property in the event of an emergency, disaster, civil emergency or public works emergency; and WHEREAS, it is understood that the North Central Texas Public Works Emergency Response Team (PWERT) serves as the Administrative Agency managing this Agreement; and WHEREAS, the Agreement provides planning and operating procedures whereby public works-related agencies may request aid and assistance in the form of personnel, equipment, materials and/or other associated services from other public works related agencies; and WHEREAS, under the Agreement, the City may choose not to render aid and assistance at any time for any reason, or to recall aid that has been deployed at any time; and WHEREAS, the Agreement provides that the responsible local official in whose jurisdiction an incident requiring Mutual Aid has occurred shall remain in charge at such incident including the direc`on of such personnel and equipment provided him/her through the Agreement; and WHEREAS, the Agreement provides the creation of this Agreement and the Texas Statewide Mutual Aid System (SB11) under Texas Government Code Chapter 418 E-1 does not replace or supersede existing mutual aid agreements or interfere with the ability of municipalities to enter into written mutual aid agreements in the future. It is understood that if a written agreement is entered into by governmental entities or municipalities requesting resources, then the Resolution No. 13-1418, Page 1 of 2 terms of that agreement control the rights and responsibilities of the participating parties to the extent the agreement provides terms that differ from the Texas Statewide Mutual Aid System; and WHEREAS, the City Council deems that it is in the best interest of the citizens of Euless, and in order to provide for the health, safety and welfare of the citizens of Euless, that the City enter into a Mutual Aid Agreement by, between and among North Central Texas participating local governments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: Section 1. The Mayor is hereby authorized to sign the North Central Texas Public Works Mutual Aid Agreement. Section 2. This Resolution shall be in full force and effect from and after its passage and adoption. APPROVED AND ADOPTED at a regular meeting of the Euless City Council of the City of Euless, Texas, on the 12th day of November 2013, by a vote of 6 ayes, 0 nays, and ° abstentions. APPROVED: ; • 4 fa Mary Li ISaleh, Mayor ATTEST: "ALti_ i • Sutter, T`IL C, City Secretary Resolution No. 13-1418, Page 2 of 2 NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT This mutual aid agreement ("Agreement") is entered into by, between, and among the North Central Texas Participating Local Governments and/or Public/Political Sub-Divisions located wholly or partially within the State of Texas acting by and through their duly authorized officials. The undersigned Participating Local Governments and any and/or Public/Political Sub-Divisions of the State of Texas adopting this agreement upon a formal order of their respective governing bodies as provided therein may be referred to in this Agreement individually as "Party" and collectively as "Parties." By signing this document, and sending it to the Public Works Emergency Response Team, at an address maintained by the NCTCOG, the agency has indicated that it consents to be a party to this emergency mutual aid agreement, and acknowledges that it is not necessary to receive copies of the agreement from other agencies that are party to such agreement. RECITALS WHEREAS, the Parties recognize the vulnerability of the people and communities located within local governments and public subdivisions to damage, injury, and loss of life and property resulting in emergencies, disasters or civil emergencies and recognize that such incidents may present equipment and personnel requirements beyond the capacity of each individual (governmental entity) (Party); and WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid for the protection of life and property in the event of an emergency, disaster or civil emergency or public works emergency; and WHEREAS, the Parties that wish to make suitable arrangements to provide Mutual Aid are so authorized, and make this Agreement pursuant to all governmental power inherent in home rule and other municipalities and all statutory authority, including, but not limited to, the Interlocal Cooperation Act Chapter 791 of the Texas Government Code); the Texas Disaster Act of 1975 as amended Chapter 418 of the Texas Government Code including the Texas Statewide Mutual Aid System of the Emergency Management Chapter, set out in Subchapter E-1 of Texas Government Code, Section 418.111 et seq, and any amendments to that authority or other authority that may be set out in the constitution of laws of the State of Texas; WHEREAS, it is understood that the creation of this Agreement and the Texas Statewide Mutual Aid System (SB11) under Chapter 418 E-1 does not replace or supersede existing mutual aid agreements or interfere with the ability of municipalities to enter into written mutual aid agreements in the future. It is understood that if a written agreement is entered into by governmental entities or municipalities requesting resources, then the terms of that agreement control the rights and responsibilities of the participating parties to the extent the agreement provides terms that differ from the Texas Statewide Mutual Aid System. WHEREAS, it is expressly understood that any mutual aid extended under this Agreement and the operational plan adopted pursuant thereto, is furnished in accordance with the "Texas Disaster Act" and other applicable provision of law and except as otherwise provided by law, that the responsible local official in whose jurisdiction an incident requiring Mutual Aid has occurred shall remain in charge at such incident including the direction of such personnel and equipment provided him/her through the operation of this Agreement; NOW, THEREFORE, the Parties agree as follows: Section 1: Incorporation. The above whereas provisions and statements are incorporated as if set forth below. Section 2: Purpose This Agreement is hereby established to provide planning and operating procedures whereby public works related Agencies may request aid and assistance in the form of personnel, equipment, materials and/or other associated services from other public works related agencies. This agreement allows for better coordination of efforts, identifies available resources and helps ensure that timely aid can be provided. Section 3: Definitions A. "Agency" means any municipal public works agency, township road district, county highway departments, or any Public/Political Subdivision that performs a public works function that abides by the provisions as found in this Agreement. B. "Administrative Agency" means the entity designated by the Parties to be responsible for maintaining the documents associated with this Agreement including distributing Point of Contact and Resource Inventory information. C. "Assisting Party" or "Responding Party" used interchangeably means the agency or organization which has received a request to furnish aid and assistance from another Party and has agreed to provide the same. D. "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. E. "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, earthquake, wind, storm, wave action, winter storm, biological or health hazards, dam or levee break, drought, explosion, riot„ acts of terrorism and other public calamity requiring emergency action or requiring Homeland Security Activity that is or likely to be, beyond the control of the services personnel equipment and facilities of a Party that requires assistance under this Agreement, but must be coordinated through the appropriate local accredited/certified Emergency Management Agency coordinator. F. "Emergency" means any occurrence or threat thereof, whether natural or caused by man, in war or in peace, which results in substantial injury or harm to the population, or substantial damage to or loss of property. G. "Homeland Security Activity" means any 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. H. "Mutual Aid" means providing resources such as personnel, equipment, services and supplies. These resources support typical public works missions or tasks such as: removal of debris, restoration of water/wastewater operations, flood control, infrastructure system repairs, standby power, and damage assessment. I. "National Incident Management System (NIMS)" means a Presidential directive that provides a consistent nationwide approach that allows federal, state, local and tribal governments as well as private sector and nongovernmental organizations to work together to manage incidents and disasters of all kinds. J. "Operational Period" shall mean a period of time beginning at the time of the request for Mutual Aid and lasting no longer than thirty-six (36) hours immediately thereafter. Typically assistance would be given in twelve (12) hour shifts for operational efficiencies. The mutual aid provided under this Agreement is intended to be for assistance in the initial response to the emergency and not part of the long term recovery. Requesting and responding agencies may, and are encouraged to, contract for Mutual Aid for period beyond the Operational Period and set rates and charges for such periods. Any agency responding under this Agreement will not receive any reimbursement for its Mutual Aid assistance during the Operational Period, even if the event becomes a declared emergency by the President. After the Operational Period, requesting agency shall reimburse responding agency for its actual costs of Mutual Aid, specifically, (1) actual out- of-pocket expenditures for supplies expended, and (2) actual out-of-pocket expenditures or liability incurred for extra compensation and benefits paid to the Assisting Party's personnel due to the response, unless such agencies have agreed otherwise by separate Agreement. It is also understood that any agency for any reason may decline to assist or recall its Mutual Aid at any time. K. "Point of Contact" means a person and/or an agency's department/office serving as the coordinator or focal point of information dealing with public works emergency response activities. L. Public/Political Sub-Division means a basic level of independent local government or quasi-government authorized by Section 52 of the Texas Constitution that typically have a specific or limited purpose including Dallas Fort Worth International Airport, Toll Authorities, independent school districts, water or wastewater districts and improvement and economic development districts and exist separately from general purpose local governments such as county, city or town. M. "Public Works Emergency Response Team" (PWERT) means a working group of Public Works Officials representing their agencies; whose mission is to develop and maintain a region wide network of public works' related agencies. This teams' principal purpose is to provide mutual aid response and recovery assistance, to each other, when confronted with natural or man-made emergencies or disasters. This Group is designated as the Administrative Agency to manage this Agreement. N. "Requesting Party" means the agency or organization receiving aid and assistance from an Assisting Party. Section 4: Term This Agreement shall become effective as to each Party on date of execution as indicated on the signature page for each Party and shall continue in force and remaining binding on each and every Party for twelve (12) months from the effective date. This Agreement shall renew automatically for a period of one year upon the completion of the initial term and each subsequent term unless such time as the governing body of a Party terminates its participation in this Agreement pursuant to Section 5 of this Agreement. Section 5: Termination Any Party may at any time by resolution, order or other written notice approved by the Governing Body of a Party terminate such Party's participation in this Agreement and decline to participate in the provision of Public Works Mutual Aid. Such termination shall be effective thirty (30) days after written notice of termination of participation in this Agreement is provided to the Administrative Agency and all other Parties. The termination of participation by one or more of the Parties in this Agreement shall not affect the operation of this Agreement as between the other Parties hereto. Section 6: Responsibility of Parties Each Party recognizes that it may be requested to provide aid and assistance at a time when it is necessary to provide similar aid and assistance to the Party's own constituents. Therefore, this Agreement shall not be construed to impose any unconditional obligation on any Party to provide aid and assistance. A Party may choose not to render aid and assistance at any time for any reason, or to recall aid that has been deployed at any time. Section 7: Request for Assistance. The request for assistance will: A. Be made only with a declaration of a state of Civil Emergency or Declaration of Disaster by a Requesting Party pursuant to Section 418.108, Texas Government Code or after a proclamation of a State of Emergency under Section 433.001, Texas Government Code, B. Be made only without a declaration of a state of Civil Emergency or declaration of Disaster or Emergency if the requesting agency expects to use the resource(s) for less than one operational period or if the declaration of Disaster or Emergency is expected to be issued during the first operational period. C. Be made by the highest ranking authority of Requesting Party available at the time of need, D. Be made to the highest ranking authority of the Responding Party available at the time of need, and E. Specify to the greatest extent possible the nature of the problem requiring assistance and the resources requested. Section 8: Procedures for Requests and Provision of Mutual Aid. See Attachment 1. Section 9: Cost Limitation A Requesting Party shall not be required to reimburse a Responding Party for costs incurred during the Operational Period as defined in Section 3 above. A Requesting Party shall be required to reimburse a Responding Party for costs incurred after the Operational Period in accordance with Section 3 above. Section 10: Expending Funds A Responding Party that performs services or furnishes aid pursuant to this Agreement shall do so with its own current funds. No Party shall have any liability for the failure to expend funds to provide aid hereunder. Section 11: Insurance A. Worker's Compensation Coverage: Each Party shall be responsible for its own actions and those of its employees and is responsible for complying with the Texas Workers' Compensation Act. B. Automobile Liability Coverage: Each Party shall be responsible for its own actions and is responsible for complying with the Texas motor vehicle financial responsibility laws. C. To the extent permitted by law and without waiving sovereign immunity, each Party shall be responsible for any and all claims, demands, suits, actions, damages, and causes of action related to or arising out of or in any way connected with its own actions and the actions of its personnel in providing Mutual Aid assistance rendered or performed pursuant to the terms and conditions of this Agreement. Each party agrees to obtain general liability and public official's liability insurance, if applicable, or maintain a comparable self- insurance program. Section 12: Miscellaneous A. Entirety: 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 an Emergency, 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 12.E below. B. Other Mutual Aid Agreements: This Agreement is not intended to replace, or conflict with, local mutual aid agreements for other emergency response needs such as fire and police or for the other purposes. C. Severability: If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provision of the Agreement that can be given effect without the invalid provision, and to this end the provisions of the Agreement are severable. D. 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 as part of the Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirement of the limitations, and so modified, this Agreement shall continue in full force and affect. E. Amendment: This Agreement may be amended only by the mutual written consent of the Parties. F. Governing Law and Venue: The Laws of the State of Texas shall govern this Agreement. In the event of an Emergency or Disaster physically occurring with the geographical limits of only one county that is a Party hereto, venue shall lie in the county in which the Emergency or Disaster occurred. In the event an Emergency or Disaster physically occurring in more than one county that is a Party thereto, venue shall be determined in accordance with the Texas Rules of Civil Procedure. G. Signatories: The PWERT shall be the official repository of original pages of the Parties to this Agreement and will maintain an up-to-date list of those Parties. Each Party will retain a copy of its originally signed document with an additional individual signature page from its Agency to be filed with the PWERT under this Agreement. PWERT will maintain contact information from all of the parties and provide for a means of communication whenever there is a need to call for mutual aid. This agreement may be signed in multiple copies, and it is only necessary for the agencies to notify the PWERT and keep them informed of the contact information. H. PWERT — the Administrative Agency, managing this agreement, provides for one membership seat for each participating agency and one alternate seat. The primary seat should be held by a Public Works Official or designee. The alternate seat should be held by a member of the jurisdiction of the Emergency Management Division or designee. The jurisdiction is not required to fill the seats, but, it is strongly recommended, in order to receive information and training for emergency response. EXECUTED this 12 day of November , 2013 City of Euless, Texas By: Printed Nam w Title: Mayor