2007-170w ._ -
S:\Our Documents\Ordinances\07\Mmual Aid Agreement-UISD Orddnc
ORDINANCE NO. ~Q7 - !Q
AN ORDINANCE APPROVING A MUTUAL AID AGREEMENT BETWEEN THE CITY OF
DENTON AND DENTON INDEPENDENT SCHOOL DISTRICT FOR MASS
EVACUATION DURING TIMES OF CATASTROPHIC EVENTS, EMERGENCIES OR
DISASTERS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas finds that the identification of
potential hazards and the mitigation of their effects must be an on-going concern of the City if
the lives and property of the populace are to be protected; and
WHEREAS, the City Council hereby declares that the preparation of a mutual-aid-
agreement, and the means for its implementation, for the protection of lives and property in the
City of Denton from natural or manmade disasters or threat thereof is immediately essential; and
WHEREAS, the City Council further finds that in times of disasters which may imperil
the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and
place into operation preconceived plans, regulations, and preparations with a minimum of delay;
and
WHEREAS, the City Council finds that it is in the public interest to provide for the
necessary powers and authority to provide prompt and effective use of all City resources to
prepare for, respond to, and recover from disasters that are likely to affect the public health,
welfare and safety; and
WHEREAS, in times of disasters and emergencies there is an urgent need for the
immediate enactment ofmutual-aid-agreements to protect the public health, welfare, and safety;
and
WHEREAS, the City Manager has recommended that the City Council approve a Mutual
Aid Agreement for Mass Evacuation ("Mutual Aid Agreement") with the Denton Independent
School District ("DISD") to assist with public transportation to safe areas during times of
emergency and disaster; and
WHEREAS, in accordance with Section 9-7 of the City Code, the Mayor as Director of
Emergency and Disaster Services hereby recommends aMutual-Aid-Agreement with DISD for
approval. NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. 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 Mutual Aid Agreement for Mass Evacuations, for mutual assistance
during times of catastrophic events, emergencies or disasters under the terms and conditions
:..
S:\Our Documents\Ordinances\07\Muwnl Aid Agreement-DISD Ord.doc
contained in the Agreement which is attached hereto and made a part hereof, is hereby approved,
authorized and ratified.
SECTION 3. The Mayor, or his designee, is authorized to exercise all rights and duties
of the City of Denton under the Mutual Aid Agreement and to make any expenditures provided
for therein.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the o~~ ~ day of , 2007.
Q ~~ ~~~~
PERK . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY;
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: / g-
Page 2 of 2
MUTUAL AID AGREEMENT FOR MASS EVACUATIONS
BETWEEN THE
DENTON INDEPENDENT SCHOOL DISTRICT
AND
CITY OF DENTON, TEXAS
This Mutual Aid Agreement is made and entered into this 13th day of March 2007, by and
between the City of Denton, Texas, a Texas municipal corporation, hereinafter referred to as
"City" and the Denton Independent School District, a Texas Political Subdivision, hereinafter
referred to as "DISD."
WHEREAS, the City and DISD wish to enter into an Agreement to facilitate emergency
evacuations during disasters and emergencies;
NOW, THEREFORE, in consideration of the mutual covenants in this Agreement the
parties agree as follows:
SECTION 1. Pumose of Agreement. The purpose of this Agreement is to establish a
plan of action for the parties as they relate to DISD providing the temporary use of its buses,
vehicles, equipment and personnel to assist with the public transportation during emergency
evacuations in times of disastets and emergencies which cannot be met with the usual resources
and facilities in accordance with the City's mass evacuation plan; and to provide for the
reimbursement of the DISD's expenses as a result of DISD's substantial performance of the tasks
described herein. Notwithstanding the DISD's present expressed intention to follow the
emergency evacuation plan as stated, it is understood by all patties that the DISD 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 the DISD chooses, for whatever reason, not to accept the offer under the
circumstances contemplated herein. It is also understood that the assistance requested or
furnished may be refused, limited, or recalled at the discretion of either of the parties to this
Agreement.
SECTION 2. Assistance. The assistance to be rendered pursuant to this Agreement shall
solely involve the temporary transfer and use of the DISD's buses, other vehicles, equipment and
personnel from its jurisdiction to the City's jurisdiction under the terms and conditions of this
Agreement. Any of the DISD's personnel that are temporarily transferred to the jurisdiction of
the City shall have all the power and authority under the law that they had as employees of the
DISD and shall gave all the authority of emergency officers and employees under the law
including without limitation the authority granted by Chapter 9 of the Denton City Code.
SECTION 3. Request for Assistance. The temporary transfer of DISD's buses,
personnel and other assets may be requested by the City in response to any public transportation
emergency evacuation need in times of an emergency or disaster as defined under Chapter 9 of
the Denton City Code, including without limitations:
A. Emergency Situations;
B. Civil Disorders;
C. Natural or Mamnade Disasters;
D. Terrorist Events;
E. Relocation of victims of Disaster or Emergencies;
F. Environmental Emergencies;
G. Relocations due to Epidemics or Outbreaks of communicable disease;
H. Any other matter requiring mass evacuations or relocations.
SECTION 4. Primary Responsibilities. It is understood by the City and the DISD that
each party should be capable of fulfilling its prescribed plan of action under this Agreement. If
at any time either party is unable to perform its planned functions under this Agreement, the
affected party shall immediately provide notice to the other.
SECTION 5. Procedure for Requesting Mutual Aid.
A. Request. A request for mass evacuation assistance shall only be made by the City's
Mayor, Mayor Pro Tem or the Mayor's successor in case of unavailability or his/her
designee or the City Manager or his/her designee. This request shall include a
description of the disaster, emergency or other situation creating the need for assistance
and the number of buses, other vehicles, personnel and equipment requested, the location
to which they are to be dispatched and the person or persons to whom they are to report.
B. Reply.. A reply to any request for mass evacuation assistance shall. be made by the
Superintendent of the DISD or his/her designee. If the DISD grants the request, it shall
immediately inform the City of the number of buses, other vehicles, personnel and
equipment it will provide.
C. Authority. The personnel temporarily transferred by the DISD will report to the person
or persons designated as the person in charge at the designated location and shall be
subject to the lawful orders and commands of these persons. The DISD personnel shall
be responsible at all times for acting within the policies and procedures set forth in all
applicable DISD policy and procedure manuals, rules and/or regulations. The assisting
DISD personnel and the City personnel shall use their best efforts to cooperate with, and
aid each other to effectively execute the emergency evacuations in accordance with the
City's mass evacuation plan.
D. Release of Personnel The DISD personnel temporarily transferred shall be released by
the City's person in charge when their services are no longer required or when they are
needed to respond to emergency situations. in other parts of their service area; provided
however, the DISD personnel shall use their best efforts to complete the requested mass
evacuation transportation services prior to being released.
Page 2 of 6
SECTION 6. Responsibilities of the Parties. In consideration of the mutual aims and
desires of the parties to this Agreement, the City and the DISD further agree as follows:
A. The DISD agrees to:
Provide buses, other vehicles, equipment, personnel and transportation services
during emergency evacuation situations via the most economical, but pmdent,
manner available to transport persons to safe areas.
Provide priority routing of transport vehicles, if possible. Routing may have to be
worked through the City's emergency command center (Fire or Police),
depending on the situation causing the evacuation.
3. Provide an emergency contact number for making this request.
4. Provide a management listing of its personnel who are authorized to respond to a
request for assistance as listed in the Addendum which is attached to and made a
part of this Agreement for all purposes
5. Participate in City training exercises when requested and available to do so while
this Agreement remains in force.
6. Provide any other emergency transportation services that are warranted and
deemed necessary by the parties under the circumstances.
B. The City agrees to:
Provide a management listing of personnel who can authorize activation of this
Agreement and who can make a request for assistance who are listed in the
Addendum.
2. Keep the buses, other vehicles and equipment neat and clean.
3. Follow City-established rules for parking and facility entry.
4. Take appropriate care of the buses, vehicles and other equipment and return them
in a timely manner in the same condition as they were in prior to the acceptance
of the request for emergency assistance subject only to ordinary wear and tear.
5. Conduct periodic training exercises on emergency evacuation in accordance with
the City's mass evacuation plan and invite DISD to participate.
6. Provide a purchase order number for authorization of transportation vehicles.
Page 3 of 6
SECTION 7. Allocation of Costs. When a request is made to the DISD, they may
provide transportation in the most economical and prudent fashion. Should the DISD do so; the
City will pay for any associated cost of providing this transportation including the provision of
buses, other vehicles, equipment and personnel. Providing, however, both the DISD and the City
will cooperate fully to recover all costs incurred by the mass evacuation event from the Federal
Emergency Management Agency, the Department of Homeland Security or any successor
agencies.
SECTION 8. Tenn, Amendment or Cancellation. This Agreement shall continue in
effect until terminated by either party hereto and may be cancelled at any time by either the City
or the DISD upon written notice and the parties may mutually agree to amend this Agreement at
any time by the express written consent of both parties.
SECTION 9. Employment Status. Nothing herein shall be construed or interpreted to
imply that the DISD personnel temporarily transferred in accordance with this Agreement shall
be employees of the City or that any of the buses, other vehicles or equipment so transferred will
become the property of the City.
SECTION 10. No Dutv Imposed. This Agreement shall not be construed as or deemed
to be an agreement for the benefit of any third party or parties. Any performance undertaken
pursuant to this Agreement shall be completed as a part of the governmental function of
providing emergency services to the public in general and this Agreement is not meant to and
shall not be construed as imposing any duty, public or private, on any party hereto to provide any
assistance, aid, or care to the other party or to any third party.
SECTION 11. Mutual Responsibilitv and Preservation of Defenses. City agrees to and
accepts full responsibility for the acts, negligence and/or omissions of all City's employees and
agents, City's subcontractors and/or contract laborers in performing services under this
Agreement with the DISD. DISD agrees to and accepts full responsibility for acts, negligence,
and/or omissions of all DISD's employees and agents, DISD's subcontractors and/or contract
laborers performing services under this Agreement. It is further agreed that if a claim or liability
should arise from the joint or concurring negligence of both parties hereto, it shall be borne by
them comparatively in accordance with the laws of the State of Texas. This paragraph shall not
be construed as a waiver by either party of any defenses available to it under the laws of the State
of Texas including, without limitation, the defense of govemmental immunity and the limitations
or liability imposed during times of disaster and emergency by Chapter 9 of the City Code,
Chapter 418 of the Government Code and other applicable laws.
SECTION 12. Controlling Law and Venue. This Agreement and any of its terms or
provisions, as well as the rights and duties of the parties hereto shall be governed by the laws of
the State of Texas. Venue of any litigation or dispute involving this Agreement shall be in a
court of competent jurisdiction sitting in Denton County, Texas.
Page 4 of 6
SECTION 13. Severabilitv. In the event that any portion of this Agreement shall be
found to be contrary to law, it is the intent of the parties that the remaining portions shall remain
valid and in full force and effect to the extent possible.
In witness whereof, the parties have signed this Agreement by their duly authorized
representatives noted below.
City of Denton, Texas
By: ~ '
Perry cNeill Mayor
Mayor
Denton Independent School District (DISD)
BY~ /K,La~ JSl / i1.~c~i
Mia Price
President, DISD Board of Trustees
Date: .S ,3/,0
Attest:
Jennifer Walters,
City Secretary
Dale: March 13, 2007
Attest:
Virginia Gallian,
~Selcretary, DISD Board of Trustees
Yom-
Appmved as to Legal Form: Approved as to Legal Form:
Edwin M. Snyder, City Attorney Randolph W. Stout, DISD General Counsel
By: ,~- C By:
Page 5 of 6
ADDENDUM
City of Denton
In accordance with this Mutual Aid Agreement, paragraph 6b (1), the following individuals are
authorized to make contact with the DISD (telephone number) to obtain services under this
agreement, using their official duty phone number as their security code:
Name
Mayor Perry McNeill, Mayor
Mr. George Campbell, City Mgr.
Mr. Jon Fortune, Asst. CM
Chief Ross Chadwick, FD
Acting Chief Scott Langford, PD
Mr. Mark Nelson, Transp. Dir.
Mr. Michael Penaluna, EMPM
Telephone Number
940-349-7717
940-349-8560
940-349-8535
940-349-8830
940-349-79~3i"3 S~ - «-/~---
940-349-7702 r/ ,
940-349-8836
NOTE: Signature above denotes agreement to make contact with the DISD for the express
purpose of obtaining services under this Mutual Aid Agreement only for actual emergency or
training exercises.
DISD
When one of the authorized individuals calls the prescribed number, the DISD will decide if it
can support the request. If so, the person taking the call will authenticate the request and process
the request in a timely manner, making sure the caller is informed immediately if assistance can
be provided. The persons listed below are authorized to accept a request for assistance from the
above City authorized individuals.
Name
Dr. Ray Braswell, Superintendent
Dr. Roger Rutherford, Asst Supt.
Mr. Jamie Wilson, Asst. Supt.
Mr. Norm Sisk, Exec. Dir
Telephone Number
940-369-0001
940-369-0133
940-369-0031
940-369-0220
Page 6 of 6
Signature