2015-080ORDINANCE NO. 2O1 S-OgO
AN ORDINANCE OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO
EXECUTE A MUTUAL AID AGREEMENT BY AND BETWEEN THE CITY OF DENTON,
TEXAS AND THE CITY OF GARLAND, TEXAS, THAT PROVIDES FOR TERMS AND
CONDITIONS UNDER WHICH EACH PARTY WOULD PROVIDE AID TO THE OTHER
IN RESPONSE TO EMERGENCIES OR NATURAL DISASTERS, IN SUBSTANTIAL
CONFORMITY WITH THE ATTACHED EXHIBIT "A;" AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton hereby finds that the Mutual Aid
Agreement by and between the City of Denton, Texas and the City of Garland, Texas respecting
electric service, is in the best interests of the citizens and ratepayers of the City; which
Agreement serves a municipal and public purpose; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTIONITITI. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Mutual Aid
Agreement, including the expenditure of funds as provided in the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �°��� day of ,��� _�;� ��, ,, w 2015.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: �'� � ..°�� �.�.� ,�'�
�.�''�q��� "�L°°��f� AS �"��:� LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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MUTUAL AID AGREEMENT
THIS MUTUAL AID AGREEMENT ("Agreement") is entered into by and between the
CITY OF GARLAND, TEXAS, a home-rule municipality operating its electric utility as
GARLAND POWER AND LIGHT, hereinafter "GPL," and the CITY OF DENTON, TEXAS,
hereinafter "City,." operating its electric utility as DENTON MLJNICIPAL ELECTRIC, hereafter
"DME;" GPL and City may hereinafter be referred to individually as "Party" and/ or
collectively as "Parties."
RECITALS:
A. GPL and the City, within the performance of their respective activities, maintain
professional staff qualified to undertake repair, maintenance and replacement of electrical
distribution systems.
B. The Parties deem it appropriate to develop a written agreement to govern
situations in which one Party (the "Requesting Utility") may need the assistance of the other
Party (the "Responding Utility") by setting forth the terms and conditions under which the
Requesting Utility may request and utilize such assistance from the Responding Utility.
C. The intent and purpose of this Agreement is to exercise the authority of each of
the Parties signing this Agreement to create and implement a"Mutual Aid Agreement" , which is
in essence, an Interlocal Cooperation Agreement, permitted pursuant to the provisions of Chapter
791, Texas Government Code. .
D. The general purpose of this Agreement is to authorize the Parties to cooperate in
the provision and exchange of emergency services to the maximum extent allowed by law,
subject to the legal requirements and the available resources of each City. By way of illustration,
and not limitation, such emergency events may include but are not limited to a major problem
with their distribution system(s); natural disaster, accident or terrorist act; or to coordinate
requests for assistance and to provide an efficient and reliable procedure for determining when
supplemental services are available and/ or may be necessary.
E. Each of the Parties may have the necessary equipment and personnel to enable it
to provide such assistance and services to the other Party to this Agreement in the event of an
emergency.
F. The geographical boundaries of the Parties are located in such a manner as to
enable each Party to render mutual assistance to the other.
G. Each Party fnds that this project or undertaking is necessary for the benefit of the
public and that each Party has the legal authority to provide the governmental function or service
which is the subject matter of this Agreement.
H. The Parties, in paying for the performance of governmental functions or in
performing such governmental functions under this Agreement, shall make payments therefore
only from current revenues legally available to such Party;
I. NOW, THEREFORE, pursuant to the applicable provisions of law, including
Chapter 791 of the Texas Government Code, and subject to the terms of this Agreement, the
Parties agree as follows:
ARTICLE I
UNDERL,YINGw_PREMISES
1.1. Voluntary Participation: Participation in this Agreement is purely voluntary and
requests for and responses to requests for assistance are at the sole discretion of the Responding
Utility. The Responding Utility shall have the primary interest of protecting its own
constituency. Neither Party shall be liable to the other Party for, or be considered to be in breach
of or default under this Agreement on account of, any delay in or failure to perform any
obligation under this Agreement save and except the obligation to make payment as specified in
this Agreement.
1.2. Response Discretionary: Emergency assistance will be in the form of resources,
such as equipment, supplies, and personnel, and/ or the direct provision of service ("Emergency
Assistance"). The execution of this Agreement shall not create or otherwise impose any duty to
respond to a request for Emergency Assistance on the part of either Party. Neither Party shall be
held liable for failing to provide Emergency Assistance in response to a request from the other
Party. Each Party has the absolute discretion to decline to provide any requested Emergency
Assistance and to withdraw Emergency Assistance it has provided at any time without incurring
any liability save and except only to the extent that the Responding Utility abandons a repair
prior to completion that creates a new and unreasonable danger or hazard. The Parties recognize
that time is critical during an emergency and diligent effort will be made to respond to a request
for Emergency Assistance as rapidly as possible, including notification(s) that Emergency
Assistance is not available or that Emergency Assistance is being withdrawn.
ARTICLE II
OPERATIONAL PROVISIONS
2.1 ReQUest for Assistance: The employee who is in charge of an emergency within
the boundaries of the Requesting Utility's jurisdiction is authorized to request Emergency
Assistance from the Responding Utility if confronted with an emergency situation in which the
Requesting Utility has need for equipment and personnel in excess of that available to the
Requesting Utility and which equipment and personnel may be available from the Responding
Utility to which the request is directed.
2.2 Mobilization: Requests for Emergency Assistance shall be directed to the
designated contact person(s) on the contact list provided by the respective Parties. The extent to
which the Responding Utility provides any Emergency Assistance shall be at the Responding
Utility's sole discretion. In the event the emergency impacts a large geographical area that
activates either federal or state emergency laws, this Agreement shall remain in effect until or
unless this Agreement conflicts with such federal and state emergency laws. Each Party may
develop and maintain a current plan for mobilization of its personnel and other resources which,
in its sole discretion and opinion, is adequate to effectively respond to a request to provide
Emergency Assistance to the other Party.
2.3 Response to Request: Upon receipt of a request for Emergency Assistance, the
responsible employee of the Responding Utility receiving the request shall, with reasonable
promptness, take the following action:
2.3.1 Determine if the Responding Utility has equipment and personnel
available to respond to the Requesting Utility and determine the type of equipment and
number of personnel available.
2.3.2 Upon making the determination of available resources, with reasonable
promptness, advise the Requesting Utility of the determination reached as to Emergency
Assistance, confirm the continuing need of the Requesting Utility for Emergency
Assistance, and dispatch the available resources to the scene.
2.3.3 In the event the determination is the Responding Utility does not have the
ability to respond to the request for Emergency Assistance, advice the Requesting Utility
of that determination with reasonable promptness.
2.4 Command Responsibili , at Response Site: The employee of the Requesting
Utility in charge at the site to which the response is made shall be the individual in charge of the
operations and thus the individual under which the Emergency Assistance sent by the
Responding Utility shall serve: PROVIDED THAT, the responding equipment and personnel
shall be under the immediate supervision of the employee of the Responding Utility in charge of
the responding apparatus. If the Requesting Utility's employee specifically requests an employee
of the Responding Utility to assume operational control, neither the employee who makes such a
request nor the Responding Utility shall by relinquishing operational control, be relieved of
responsibility for the operation.
2.5 Liabili : Each Party to this Agreement agrees to be responsible for and
assume liability for its own wrongful and negligent acts or omissions, including the
negligence attributed to that Party's management and operational decisions, or those of its
officers, agents, or employees, and agrees to the fullest extent allowed by law to indemnify,
defend and hold the other Party to this Agreement and its officers, agents, and employees,
harmless from such liability.
In any lawsuit brought against either Party to this Agreement or as against their officers,
agents, or employees by persons or entities not signatory to this Agreement, neither Party shall
be limited in its legal rights to request apportionment of any judgment rendered against it, and
neither Party shall be limited in its rights as provided under the laws of the State of Texas to seek
contribution for any judgment it is required to pay in excess of its proportionate share of any
liability judgment or award.
2.6 Return of Equipment & Supplies: Upon completion of work on the emergency,
such assistance and help as is necessary will be rendered by each Party to locate and return any
items of equipment to the Party owning said equipment. All equipment and personnel used under
the terms of this Agreement shall be returned to the Responding Utility upon being released by
the Requesting Utility, or upon request being made by the Responding Utility for return of said
equipment and personnel.
2.7 Fiscal Provisions:
2.7.1 Each Party shall at all times be responsible to its own employees for the
payment of wages and other compensation and for carrying workmen's compensation
upon its employees, and each shall be responsible for its own equipment and shall bear
the risk of loss therefore, subject to the right to reimbursement set out herein-below.
2.7.2 The Requesting Utility agrees to reimburse the Responding Utility for the
following:
2.7.2 (1) The time utilized by the Responding Utility's staff for the benefit
of the Requesting Utility billed in one-quarter hour increments at a rate which
shall be equal to the compensation rate, including all benefits, paid by the
Responding Utility to its responding employees.
2.7.2 (2) For the commercially reasonable cost in the ERCOT market area any
supplies utilized by the Responding Utility in undertaking aid and assistance for
the Requesting Utility and, to the extent that a vehicle has been utilized, for the
standard reimbursement rate, including but not limited to mileage, which may
from time-to-time be established by the Parties for vehicle use reimbursement.
2.7.2 (3) As to equipment of the Responding Utility utilized at the site, the
agreed upon utilization cost thereof, as such cost may be established by the agreed
upon schedule developed by the Parties, which is commercially reasonable in the
ERCOT market area.
2.8 Insurance: Each Party agrees to maintain insurance coverage for its own
equipment and personnel, whether through third-party insurance, self-insurance, or membership
in an appropriate insurance pool providing equivalent coverage.
ARTICLE III
GENERAL PROVISIONS
3.1 Term of Agreement: This Agreement shall be effective for a period of one year
from the date it is signed by the last Party to execute the Agreement, and shall thereafter
automatically renew from year to year unless terminated in accordance with this Agreement;
3.2 Termination: This Agreement shall remain in full force and effect unless and
until terminated as follows:
3.2.1 Written notice shall be served by a Party upon the other Party of its
intention to terminate the Agreement. Such notice shall be served not less than thirty (30)
days prior to the termination date set forth therein. The Agreement shall automatically
terminate on the date set out in the notice unless the notice is rescinded, in writing, prior
to that date.
3.2.2 Termination of the relationship encompassed by this Agreement shall not
preclude future agreements for mutual aid between the Parties.
3.2.3 Termination shall not:
(i) Affect the responsibility of any Party to pay any moneys which are
owing to the other Party under the terms of this Agreement; or
(ii) Relieve a Party of a responsibility imposed pursuant to this
Agreement.
3.3 A�reement Not Exclusive: This Agreement is not intended to be exclusive as
between the Parties hereto. Either Party may, as it deems necessary or expedient, enter into
separate interlocal cooperation agreements for mutual aid with any other utility or entity. Entry
into such separate agreements shall not, unless specifically stated therein, affect any relationship
or covenant herein contained.
3.4 Dispute Resolu.tions:
3.4.1 Immediate written notification setting forth the specific nature of a dispute
arising under this Agreement shall be given by one Party to the other Party involved in
the disputed matter.
3.4.2 Upon the giving of the notice referenced above, the Parties agree that they
shall attempt to resolve the dispute by informal discussions. Each Party commits to
participate in these efforts in a timely manner and in good faith.
3.4.3 If such informal efforts are not successful, the Parties may submit the
dispute to non-binding mediation. Any costs for the mediator shall be shared equally
between the Parties.
3.4.4 In the event of any litigation arising out of the performance of this
Agreement, it is agreed that the Courts of the County of Denton, State of Texas, shall be
courts of proper venue. Further, in addition to any other relief, the Court may award the
substantially prevailing party reasonable attorneys' fees and costs.
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CITY OF GARLAND, TEXAS
A Texas Municipal Corporation
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By: � � ��
Name: William E. Dollar
Title: City Manager
Date Signed: � ��
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ATTEST:
RENE DOWL, CITY SECRETARY