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HomeMy WebLinkAbout2001-039C \WINDOWS\Desktop\FEMA Trl doe ORDINANCE NO oc 01- DJ AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DENTON AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY, REGION VI ("FEMA"), TO PROVIDE FOR ALTERNATE TRANSPORTATION IN THE EVENT FEMA'S PERMANENT FACILITY IS UNAVAILABLE IN AN EMERGENCY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager or his designate is hereby authorized to execute a Memorandum of Understanding between the City of Denton and the Federal Emergency Management Agency, Region VI ("FEMA"), to provide for alternate transportation in the event that FEMA's permanent facility is unavailable in an emergency, a copy of which is attached hereto and made a part hereof SECTION 2 The City Manager or his designate is authorized to make the expenditures as set forth in the attached Transportation MOU SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 64 day of 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP OVED AS TO LEGAL FORM MEMORANDUM OF UNDERSTANDING DENTON PUBLIC TRANSPORTATION Federal Emergency Management Agency Region VI and City of Denton, Texas The following Memorandum of Understanding (MOU) sets forth the terms of an emergency action plan between the Federal Emergency Management Agency (FEMA) and the City of Denton, Texas (DENTON), with regard to implementation of the FEMA Region VI Continuity of Operations (COOP) Plan Purpose of MOU The purpose of this MOU is to establish a plan of action for the parties as they relate to a COOP situation, which would cause Region VI personnel to operate in an alternate facility, and to memorialize an offer to reimburse DENTON's expenses, which offer may be accepted only by DENTON's unilateral substantial performance of the tasks described herein Notwithstanding DENTON's present expressed intention to follow this plan as stated, it is understood by all parties that DENTON may be unwilling or unable to carry out these tasks as contemplated, and that no legal or equitable penalty or remedy, nor any incidental or consequential damages, are anticipated or bargained for in the event that DENTON chooses, for whatever reason, not to accept the offer under the circumstances contemplated herein 11. Duration of MOU The MOU is merely an offer by FEMA to reimburse expenses incurred by DENTON, which may be accepted by DENTON's unilateral substantial performance of the anticipated tasks As such, this offer to reimburse becomes effective upon signature of both senior management officials and shall remain in effect until one, or both, parties cancel, in accordance with the terms set forth herein However, it is understood that no legally enforceable contractual rights or equitable enforceable promissory rights arise under the MOU, unless and until DENTON accepts the offer by its substantial performance of the anticipated tasks Ill. Program Description COOP is a program whereas the FEMA Region VI personnel must be capable of operating on a continual basis, even if the facility currently being occupied is uninhabitable In this instance, Region VI personnel would have to be available to provide direction and guidance to their representative states during emergency declarations To do so, transportation to an alternate facility must be made available IV. General Provisions It is understood by both senior management officials that each agency should be capable of fulfilling its prescribed plan of action under this MOU If at any time either party is unable to perform its planned functions under this MOU, the affected party shall immediately provide notice to the other V. Responsibilities of the Parties Under Plan In consideration of the mutual aims and desires of the parties to this MOU, the City of Denton, Texas, and Region VI plan as follows A. City of Denton, Texas plans to: (1) Provide transportation to Region VI personnel during COOP situations via the most economical, but prudent, manner available See Note (2) Provide priority routing of transport vehicles, if possible Routing may have to be worked through the Incident Commander (Fire or Police), depending on the situation causing the evacuation of the Region VI facility (3) Provide an emergency contact number for making this request B. Should DENTON accept the offer to reimburse by its unilateral substantial performance, Region VI agrees to: MOU (1) Provide a management listing of personnel who can authorize activation of this (2) Keep vehicles neat and clean manner (3) Follow city -established rules for parking and facility entry (4) If vehicles must be rented, take appropriate care of such and return them in a timely (5) Provide a purchase order number for authorization of transportation vehicles NOTE- Accommodations for approximately 44 personnel will need priority transportation to one of three alternate facilities Additional transportation may be necessary to ensure that employees get home if their vehicles cannot be moved and will be completed with the assistance of the Emergency Operations Center VI. Allocation of Costs As stated above, when a request is made to the City of Denton, Texas, they may provide transportation in the most economical and prudent fashion Should DENTON do so, FEMA Region VI will pay for any associated cost of providing this transportation VII. Amendment or Cancellation of Offer This offer contained in this MOU may be amended or cancelled at any time by either the City of Denton, Texas or Region VI APPROVED: The undersigned parties do not bind themselves to the faithful performance of this plan at this time, however, it is presently the intention of the parties to proceed in this fashion, should the need arise It is mutually understood that and agreed that, even upon approval of both parties, this plan shall not become an enforceable contract, except that, for consideration of DENTON's performance, FEMA's agreement to reimburse costs shall become a legally binding contractual obligation, effective upon DENTON's acceptance of the terms stated herein by DENTON's substantial performance City of Denton, Texas By A Michael W ez City Manag Date � — U — 0 / Federal Emergency National Manna�ement Agency R ae� iolil, VI 0 I�� R L "Buddy oung Office of the Iona Date