2007-035
,
S:'.OUrDocUffiCfltslO'din..1C.s\07'\iDlerjurisdieljoo.lmUI....laid.doc
ORDINANCE NO. 2{)07-03!J
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERJURISDICTIONAL MUTUAL AID
AGREEMENT; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton hereby approves an
lnterjurisdictional Mutual Aid Agreement by, between, and among the political subdivisions
located wholly or partially within the State of Texas, a copy of which is attached hereto and
incorporated by reference herein. The Mayor, or in his absence, the Mayor Pro Tern, is hereby
authorized to execute this Agreement on behalf of the City.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
. +h L-:. .
20 dayof Ftbnutn!
. f
r&!fI!~
,2007.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: Qf1fl1 ilrfl1/)fd4h, aat
, I'
,
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
B7~M'
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INTERJURISDICTIONAL
MUTUAL AID AGREEMENT
STATE OF TEXAS
s
s
s
COUNTY OF DENTON
This Mutual Aid Al!reement ("Agreement") is entered into by, between, and among the
political subdivisions located wholly or partially within the State of Texas that by their
signatures on duplicate original copies of this Agreement have consented to the terms of this
Agreement (collectively, "the Parties").
RECITALS
The Parties recognize the vulnerability of the people and communities located within the State
to damage, injury, and loss oflife and property resulting from Disasters and/or civil emergencies
and recognize that Disasters and/or civil emergencies may present equipment and manpower
requirements beyond the capacity of each individual Party; and
The Parties must confront the threats to public health and safety posed by possible terrorist
actions and weapons of mass destruction and other incidents of man-made origin, and the
threats to public health and safety from natural Disasters, all capable of causing severe damage
to property and danger to life; and
The Parties to this Agreement recognize that Mutual Aid has been provided in the past and have
determined that it is in the best interests of themselves and their citizens to create a plan to foster
communications and the sharing of resources, personnel and equipment in the event of such
calamities; and
The governing officials of the Parties desire to securc for each Party the benefits of Mutual Aid
for the protection oflife and property in the event of a Disaster and/or Civil Emergency; and
The Parties wish to make suitable arrangements for furnishing Mutual Aid in coping with
Disasters and/or civil emergencies and are so authorized and make this Agreement pursuant to
Chapter 791, Texas Government Code (Interlocal Cooperation Act); Chapter 418, Texas
Government Code (Texas Disaster Act of 1975); Chapter 421, Texas Government Code (Home
Land Security); and Chapter 362, Local Government Code; and
The Parties recognize that a formal agreement for Mutual Aid would allow for better
coordination of effort, would provide that adequate equipment and manpower is available, and
would help ensure that Mutual Aid is accomplished in the minimum time possible in the event
of a Disaster or Civil Emergency and thus desire to enter into an agreement to provide Mutual
Aid.
It is expressly understood that any Mutual Aid extended under this Agreement and the
operational plans adopted pursuant thereto, is furnished in accordance with the "Texas Disaster
Act" and other applicable provisions oflaw.
Page I of9 -Interjurisdietional Mutual Aid Agreement
1
2 NOW, THEREFORE, the Parties agree as follows:
3
4 1. RECITALS. The recitals set forth above are true and correct.
5
6 2. DEFINITIONS. For purposes of this Agreement, the terms listed below will have the
7 following meanings:
8
9 A. AGREEMENT - this Interjurisdictional Mutual Aid Agreement, duly executed.
10
11 B. ADMINISTRATIVE AGENCY - the entity designated by the Parties to be responsible for
12 maintaining and distributing Point of Contact information and for maintaining the original
13 signature pages of the Parties to this Agreement.
14
15 C. ASSISTING PARTY - the Party furnishing equipment, supplies, facilities, services and/or
16 manpower to the Requesting Party.
17
18 D. CIVIL EMERGENCY - an unforeseen combination of circumstances or the resulting
19 consequences thereof within the geographic limits ofa given jurisdiction that calls for
20 immediate action or for which there is an urgent need for assistance or relief to protect the
21 general citizenry.
22
23 E. DISASTER - the occurrence or imminent threat of widespread or severe damage, injury, or
24 loss of life or property resulting from any natural or man-made cause, including fire, flood,
25 earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity,
26 epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or
27 paramilitary action, energy emergency.(as that term is defined in Chapter 418 of the Texas
28 Government Code), acts of terrorism, and otherpublic calamity requiring Emergency action.
29
30 F. EMERGENCY - any occurrence, or threat thereof, whether natural or caused by man, in war
31 or in peace, which results in substantial injury or harm to the population, or substantial damage
32 to or loss of property.
33
34 G. MUTUAL AID - includes, but is not limited to, such resources as facilities, equipment,
35 services, supplies, and personnel.
36
37 H. THE PLAN -Emergency Operations Plan.
38
39 I. POINT OF CONTACT - the individual or office authorized by the governing body of each
40 Party to request or respond to a request for Mutual Aid on behalf of the Party. A Party's
41 Emergency Management Director or Chief Executive Officer is always a Point of Contact.
42
43 J. REOUESTING PARTY - the Party requesting aid in the event of a Disaster or a Civil
44 Emergency.
45
46 3. ADMINlSTRA TIVE AGENCY. The Parties hereby designate the North Central Texas
47 Council of Governments ("NCTCOG") to be the Administrative Agency under this Agreement.
48 NCTCOG is responsible for maintaining and distributing current Point of Contact information
49 to all Parties as changes occur but at least annually. NCTCOG is also responsible for
50 maintaining the original signature pages of the Parties to this Agreement.
Page 2 0[9 -Interjurisdictional Mutual Aid Agreement
1
2 4. POINT OF CONTACT DESIGNATION. Each party shall provide the Administrative
3 Agency with a written protocol by which its designated Points of Contact may be contacted
4 twenty-four hours a day, seven days a week. This protocol will designate, by name or position,
5 the person or persons authorized to request or respond to a request for Mutual Aid on behalf of
6 a Party under terms ofthis Agreement and will include at least two alternate means of
7 contacting the Party's Point(s) of Contact. Each Party must notifY the Administrative Agency of
8 any change in its Point of Contact protocol as soon as practicable by submitting it in writing to
9 Denton County Department of Emergency Services and the North Central Texas Council of
10 Governments,
11
12 5. PARTY'S EMERGENCY MANAGEMENT PLAN. Each Party shall prepare and keep
13 current an emergency management plan for its jurisdiction to provide for emergency and/or
14 disaster mitigation, preparedness, response and recovery, in accordance with Chapter 418 of the
15 Texas Government Code. The emergency management plan shall incorporate the use of
16 available resources, including personnel, equipment and supplies, necessary to provide and/or
17 receive Mutual Aid. The emergency management plan shall be submitted to the Governor's
18 Division of Emergency Management.
19
20 6. IMPLEMENTATION OF AGREEMENT. A Point of Contact for his/her respective
21 jurisdiction shall take all steps necessary for the implementation of this Agreement.
22
23 7. INITIATION OF REQUEST. A request under this Agreement maybe made by a Point
24 of Contact after one of the following occurs:
25 (a) A declaration of a local state of Disaster pursuant to Chapter 418 of the Texas
26 Government Code;
27 (b) A finding of a state of Civil Emergency; or
28 (c) The occurrence or imminent threat of an emergency such that local capabilities are or are
29 predicted to be exceeded.
30
31 The provision of Mutual Aid under this Agreement shall continue, whether or not the local
32 Disaster declaration or state of Civil Emergency is still active, until the services of the Assisting
33 Party are no longer required.
34
35 8. PROCEDURES FOR REQUESTS AND PROVISION OF MUTUAL AID. A Point of
36 Contact may request Mutual Aid assistance by: (I) submitting a written Request for Assistance
37 to a Point of Contact of an Assisting Party, (2) orally communicating a request for Mutual Aid
38 assistance to a Point of Contact of an Assisting Party, which shall be followed by a written
39 request, or (3) by submitting a request in accordance with a Mutual Aid Plan developed under
40 the auspices of this Agreement. The written request shall reference that the request is made
41 pursuant to this Agreement. Mutual Aid shall not be requested by a Party unless it is directly
42 related to the Disaster or Emergency and resources available from the normal responding
43 agencies to the stricken area are deemed to be inadequate, or are predicted to be expended prior
44 to resolution of the situation. All requests for Mutual Aid must be transmitted by a Point of
45 Contact of the Requesting Party to a Point of Contact of the Assisting Party or in accordance
46 with the terms of the Plan.
47
48 A. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party's Point of
49 Contact may directly contact a Point of Contact of the Assisting Party and provide the necessary
50 information as prescribed in Section 8.B. hereto.
Page 3 of 9 -Interjurisdictional Mutual Aid Agreement
I
2 B. REQUIRED INFORMATION BY REQUESTING PARTY. Each request for assistance
3 shall be accompanied by the following information, to the extent known:
4 I) A general description of the damage or injury sustained or threatened;
5 2) Identification of the emergency service function or functions for which assistance is
6 needed (e.g. fire, law enforcement, emergency medical, search and rescue, transportation,
7 communications, public works and engineering, building, inspection, planning and
8 information assistance, mass care, resource support, health and other medical services, etc.), and
9 the particular type of assistance needed;
10 3) The amount and type of personnel, equipment, materials, supplies, and/or facilities
II needed and a reasonable estimate of the length of time that each will be needed; and
12 4) The location or locations to which the resources are to be dispatched and the specific
13 time by which the resources are needed; and
14 5) The name and contact information of a representative ofthe Requesting Party to meet the
15 personnel and equipment of any Assisting Party at each location to which resources are
16 dispatched.
17
18 This information may be provided on a form designed for this purpose or by any other available
19 means.
20
21 C. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER
22 ASSISTANCE. When contacted by a Requesting Party, a Point of Contact of the Party from
23 which aid is requested agrees to assess local resources to determine availability of personnel,
24 equipment and other assistance based on currerit or anticipated needs. All Parties shall render
25 assistance to the extent personnel, equipment and resources are deemed available. No Party
26 shall be required to provide Mutual Aid unless it determines in its sole discretion that it has
27 s\lfficient resources to do so based on current or anticipated events within its own jurisdiction.
28
29 D. INFORMATION REQUIRED OF THE ASSISTING PARTY. A Point of Contact who
30 determines that the Assisting Party has available personnel, equipment, or other resources, shall
31 so notifY the Requesting Party and provide the following information, to the extent known:
32 1) A complete description of the personnel and their expertise and capabilities, equipment, and
33 other resources to be furnished to the Requesting Party;
34 2) The estimated length oftime that the personnel, equipment, and other resources will be
35 available;
36 3) The name of the person or persons to be designated as supervisory personnel; and
37 4) The estimated time of arrival for the assistance to be provided to arrive at the designated
38 location.
39 This information may be provided on a form designed for this purpose or by any other available
40 means.
41
42 E. SUPERVISION AND CONTROL: When providing assistance under the terms of this
43 Agreement, the personnel, equipment, and resources of any Assisting Party will be under the
44 operational control of the Requesting Party, the response effort to which SHALL be organized
45 and functioning in accordance with the guidelines outlined in the National Incident
46 Management Svstem. Direct supervision and control of personnel, equipment and resources
47 and personnel accountability shall remain with the designated supervisory personnel of the
48 Assisting Party. Emergency Medical Services organizations providing assistance under this
49 agreement will utilize the medical protocols authorized by their medical director. The
50 designated supervisory personnel of the Assisting Party shall: maintain daily personnel time
Page 4 of9 ~Interjurisdictional Mutual Aid Agreement
I records, material records, and a log of equipment hours; be responsible for the operation and
2 maintenance of the equipment and other resources furnished by the Assisting Party; and shall
3 report work progress to the Requesting Party. The Assisting Party's personnel and other
4 resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable
5 notice to the Requesting Party.
6
7 F. MUTUAL AID PLAN. By their signatures.below, each Party hereto certifies that it will
8 provide Mutual Aid assistance under this Agreement in accordance with the Requesting Party's
9 Emergency Management Plan, County Emergel1cy Management Plan, or North Central Texas
10 Regional Response Plan..
II
12 G. FOOD, HOUSING, AND SELF-SUFFICIENCY: Subject to Paragraph 9 ofthis Agreement,
13 the Requesting Party shall have the responsibility of providing food and housing for the
14 personnel of the Assisting Party from the time of their arrival at the designated location to the
15 time of their departure. However, Assisting Party personnel and equipment should be, to the
16 greatest extent possible, self-sufficient while working in the Emergency or Disaster area. The
17 Requesting Party may specifY only self-sufficient personnel and resources in its request for
18 assistance.
19
20 H. COMMUNICA TrONS: Unless specifically Instructed otherwise, the Requesting Party shall
21 have the responsibility for coordinating communications between the personnel of the Assisting
22 Party and the Requesting Party. Assisting Party personnel should be prepared to furnish their
23 own communications equipment sufficient only to maintain communications among their
24 respective operating units, if such is practicable.
25
26 1. RIGHTS AND PRIVILEGES: Personnel who are assigned, designated or ordered by their
27 organization's governing body to perform duties pursuant to this Agreement shall continue to
28 receive the same wages, salary, pension, and other compensation and benefits for the
29 performance of such duties, including injury or death benefits, disability payments, and
30 workers' compensation benefits, as though the service had been rendered within the limits of the
31 jurisdiction where the personnel are regularly employed.
32
33 J. TERM OF DEPLOYMENT: The initial duration of a request for assistance will be specified
34 by the Requesting Party, to the extent possible by the situation.
35
36 K. SUMMARY REPORT: Within ten working days of the return of all personnel deployed
37 under this Agreement, the Requesting Party will prepare a Summary Report of the event, and
38 provide copies to each Assisting Party. The report shall, at a minimum, include a chronology of
39 events and description of personnel, equipment and materials provided by one Party to the
40 other.
41
42 9. COSTS. All costs associated with the provision of Mutual Aid, including but not limited
43 to compensation for personnel; operation and maintenance 'of equipment; damage to equipment;
44 medical expenses; and food, lodging and transportation expenses shall be paid for by the
45 Assisting Party for the first (4) hours that assistance is provided. Thereafter, all costs associated
46 with the provision of Mutual Aid, including but not limited to compensation for personnel;
47 operation and maintenance of equipment; damage to equipment; medical expenses; and food,
48 lodging and transportation expenses shall be paid for by the Assisting Party and reimbursed by
49 the Requesting Party at actual cost unless it is compensated by the assisting party insurance.
50 Requests for reimbursement must be submitted as soon as practicable but in no event later than
Page 5 of 9 -lnterjurisdictional Mutual Aid Agreement
1 sixty (60) days after the return of all personnel deployed under this Agreement. Failure to
2 submit a request for reimbursement within the specified time frame will result in the Assisting
3 Party not being reimbursed for the Mutual Aid provided unless the Federal Emergency
4 Management Agency (FEMA) extends the deadline for filing requests for reimbursement. Such
5 request shall identifY with specificity each service, labor, or equipment provided and the unit
6 and total costs associated with each. The Assisting Party shall be responsible for creating and
7 maintaining for a period of three years a record of all costs incurred, both reimbursed and
8 unreimbursed costs, in providing aid under this Agreement. Such costs and reimbursements
9 shall be paid from current funds of the respective Party. In the event federal funds are available
10 for costs associated with the provision of Mutual Aid, the Parties agree that the Requesting
11 Party must make the claim for the eligible costs of the Assisting Party on its subgrant
12 application and will disburse the federal share of funds to the Assisting Party. The Parties
13 hereto recognize that each benefits from the existence of this Mutual Aid Agreement and expect
14 that each will both provide and receive critical aid over the life of the Agreement. The Assisting
15 Party may assume in whole or in part any costs associated with the provision of Mutual Aid or
16 may loan or donate equipment or services to the Requesting Party without charge or cost.
17
18 10. INSURANCE
19
20 A. WORKERS' COMPENSATION COVERAGE: Each Party shall be responsible for its own
21 actions and those of its employees and is responsible for complying with the Texas Workers'
22 Compensation Act.
23
24 B. AUTOMOBILE LIABILITY COVERAGE: Each Party shall be responsible for its own
25 actions and is responsible for complying with the Texas motor vehicle financial responsibility
26 laws.
27
28 C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT
29 LIABILITY: Each Party agrees to obtain general liability, public official's liability and law
30 enforcement liability, if applicable, or maintain a comparable self-insurance program.
31
32 D. OlliER COVERAGE: The Assisting Party shall provide and maintain their standard
33 packages of medical and death benefit insurance coverage while their personnel are assisting the
34 Requesting Party.
35
36 11. WAIVER OF CLAIMS AGAINST PARTIES; IMMUNITY RETAINED. Pursuant to
37 ~~ 421.062 and 791.006, Texas Government Code, the party furnishing services under this
38 Agreement is not responsible for any civil liability that arises from the furnishing of those
39 services. No Party waives or relinquishes any immunity or defense on behalf of itself, its
40 officers, employees and agents as a result of the foregoing sentence or its execution of this
41 Agreement and the performance of the covenants contained herein.
42
43 12. EXPENDING FUNDS. Each Party that performs services or furnishes aid pursuant to this
44 Agreement shall do so with funds available from current revenues of the Party. No Party shall
45 have any liability for the failure to expend funds to provide aid hereunder.
46
47 13. TERM. This Agreement shall become effective as to each Party on the date signed and
48 shall continue in force and remain binding on each and every Party for twelve (12) months from
49 the effective date. This Agreement shall renew automatically for a period of one year upon the
50 completion of the initial term and each subsequent term unless and until such time as the
Page 6 of 9 -Interjurisdictional Mutual Aid Agreement
1 governing body of a Party terminates its participation in this Agreement pursuant to Section 22
2 of this Agreement. Termination of participation in this Agreement by a Party or Parties shall
3 not affect the continued operation of this Agreement between and among the remaining Parties.
4
5 14. ENTIRETY. This Agreement contains all commitments and agreements ofthe Parties
6 with respect to the Mutual Aid to be rendered hereunder during or in connection with a Disaster
7 and/or Civil Emergency. No other oral or written commitments of the Parties with respect to
8 Mutua] Aid under this Agreement shall have any force or effect if not contained herein, except
9 as provided in Sections] 6 and 17 below.
10
II 15. RA TIFICA nON. Each Party hereby ratifies the actions of its personnel and the rendering
12 and/or receiving of Mutual Aid taken prior to the date of this Agreement.
13
]4 16. OTHER MUTUAL AID AGREEMENTS. It is understood that certain Parties may have
] 5 heretofore contracted or may hereafter contract with each other for Mutual Aid in Civil
] 6 Emergency and/or Disaster situations, and it is agreed that, to the extent there is a conflict
17 between this Agreement and any other such Mutual Aid agreement, the provisions of this
18 Agreement shall be superior to any such individual contract; provided, however, that the
19 Assisting and Requesting Parties may agree to use expense reimbursement provisions of another
20 existing Mutual Aid Agreement between them.
21
22 17. lNTERLOCAL COOPERATION ACT. The Parties agree that Mutual Aid in the
23 context contemplated herein is a "governmental function and service" and that the Parties are
24 "local governments or political subdivision" as that term is defined herein and in the Interlocal
25 Cooperation Act, Texas Government Code Chapter 79].
26
27 18. CONFIDENTIALITY. The Parties recognize that the provision'ofMutual Aid under this
28 Agreement may result in the transfer of confidential medica] information between them. The
29 parties recognize and agree to guard the confidentiality of such information as required by the
30 federal Health Insurance Portability and Accountability Act of] 996 (HIP AA), the Texas
31 Medical Practice Act, and other state privacy laws pertaining to the confidentiality of medical
32 records.
33
34 19. SEVERABILITY. ]fa provision contained in this Agreement is held invalid for any
35 reason, the invalidity does not affect other provisions of the Agreement that can be given effect
36 without the invalid provision, and to this end the provisions of this Agreement are severable.
37
38 20. V ALInITY AND ENFORCEABILITY. ]f any current or future ]egallimitations affect
39 the validity or enforceability of a provision ofthis Agreement, then the legal limitations are
40 made a part of this Agreement and shall operate to amend this Agreement to the minimum
41 extent necessary to bring this Agreement into conformity with the requirements of the
42 limitations, and so modified, this Agreement shall continue in full force and effect.
43
44 21. AMENDMENT. This Agreement may be amended only by the mutual written consent of
45 the Parties.
46
47 22. TERMINATION. Any Party may at any time by resolution or notice given to all the other
48 Parties decline to participate in the provision of Mutual Aid. The governing body of a Party
49 which is a signatory hereto shall, by resolution, give notice of termination of participation in this
50 Agreement and submit a certified copy of such resolution to all other Parties. Such termination
Page 7 of 9 -Interjurisdictional Mutual Aid Agreement
I shal1 become effective not earlier than 30 days after the filing of such notice. The termination
2 by one or more of the Parties of its participation in this Agreement shall not affect the operation
3 of this Agreement as between the other Parties hereto.
4
5 23. THIRD PARTIES. This Agreement is intended to inure only to the benefit of the Parties
6 hereto. This Agreement is not intended to create, nor shall be deemed or construed to create any
7 rights in third parties.
8
9 24. NOTICE. Any notice required or permitted between the Parties must be in writing,
10 addressed to the attention of the Point of Contact of the necessary party or parties and shall be
II delivered in person; by electronic mail; by mailed certified mail, return receipt requested; or by
12 facsimile transmission. A copy of all such notices shall be provided to the Administrative
13 Agency.
14
15 25. WARRANTY. The Agreement has been officially authorized by the governing or
16 control1ing body or agency of each Party hereto by order, ordinance or resolution and each
17 signatory to this Agreement guarantees and warrants that the signatory has full authority to
18 execute this Agreement and to legally bind the respective Party to this Agreement.
19
20 26. GOVERNlNG LAW AND VENUE. The laws of the State of Texas shall govern this
21 Agreement. In the event of an Emergency or Disaster physically occurring within the geographical
22 limits of only one county that is a Party hereto, venue shall lie in the county in which the
23 Emergency or Disaster occurred. In the event of an Emergency or Disaster physically occurring in
24 more than one county that is a Party hereto, venue shall be determined in accordance with the
25 Texas Civil Practice and Remedies Code.
26
27 27. HEADINGS. The headings at the beginning of the various provisions ofthis Agreement
28 have been included only in order to make it easier to locate the subject covered by each
29 provision and are not to be used in construing this Agreement.
30
31 **The Rest of this Page is, Intentionally Left B1ank**
Page 8 of 9 -lnterjurisdictional Mutual Aid Agreement
,. ' ,
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, on the date specified on the multiple counterpart executed by such entity.
NAME OF ENTTIY:
City of Denton
I hereby certifY that this entity's participation as a party to this Interjurisdictional Mutual Aid
Agreement was approved pursuant to official action of its governing body taken at a duly called
meeting on February 20 ,200L.
Signature: {lP'J~Jt1 FJ!~ Title: Mayor
Printed Name: Perry R. McNei 11
Date:
February 20, 2007
Page 9 of9 -Interjurisdictional Mutual Aid Agreement