2005-127S:\OUR DOCUMENTS\Ordinances\05kAmerican Red Cross SOA 2005.do¢
ORDINANCE
AN ORDINANCE APPROVING A STATEMENT OF AGREEMENT BETWEEN THE CITY
OF DENTON AND THE AMERICAN RED CROSS - DALLAS AREA CHAPTER FOR
MUTUAL ASSISTANCE 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 ',m 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 fmds 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 of mutual-aid-agreements to protect the public health, welfare, and safety;
and
WHEREAS, in accordance with Section 9-7 of the City Code, the Mayor as Director of
Emergency and Disaster Services hereby recommends a Mutual-Aid-Agreement with American
Red Cross - Dallas Area Chapter - for approval; and
WHEREAS, the City Council finds, therefore, that the approval of a Statement of
Agreement with the American Red Cross - Dallas Area Chapter is necessary and in the public
interest; 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 Statement of Agreement with the American Red Cross - Dallas Area
Chapter is hereby approved and the Mayor, as Director of Emergency and Disaster Services, is
hereby authorized and directed to execute, the Statement of Agreement between the City of
S:\OUR DOCUMENTS\Ordinances~05~American Red Cross SOA 2005.doc
Denton and American Red Cross - Dallas Area Chapter for mutual assistance during times of
catastrophic events, emergencies or disasters under the terms and conditions contained in the
Agreement which is attached hereto and made a part hereofi
SECTION 3.
approval.
PASSED AND APPROVED this the ~_~ day of ~'~
This Ordinance shall become effective immediately upon its passage and
,2005.
EULINE BROCK, MAYOR
ATTEST: :
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
Page2 of 2
I. Purpose
STATEMENT OF AGREEMENT
BETWEEN THE
AMERICAN RED CROSS - DALLAS AREA CHAPTER
AND
THE CITY OF DENTON
This statement defines methods of cooperation and coordination between the American Red
Cross - Dallas Area Chapter, and the City of Denton, relative to disaster preparedness and
disaster operations.
II. Mutual Assistance in Public Emergency
In the event of occurrence of a natural, technological or terrorist incident, or emergcmcy, or
disaster as these terms are defined in Chapter 9 of the City Code, "Emergency and Disaster
Planning and Response," which cannot be met with the usual resources and facilities of the
parties hereto, the City and the Red Cross shall agree, upon request of the other, to furnish the
assistance provided for herein. Notwithstanding any other provision setting forth the assistance
to be provided, the extent of ability to provide such assistance shall be determined solely by the
party from whom assistance is requested or furnished. It is understood that the assistance
requested or fumished may be refused, limited or recalled at the sole discretion of the party
from whom assistance is requested or fiunished.
III. Responsibilities
The City of Denton: The City of Denton, (herein referred to as The City) will
endeavor to protect the public and to preserve life and property through specific
disaster preparedness activities and by conducting and coordinating actual disaster
relief operations.
The American Red Cross - Dallas Area Chapter: Through its Emergency Planning;
Emergency Preparedness and Emergency Response and Recovery programs, the
American Red Cross - Dallas Area Chapter, (herein referred to as Red Cross)
maintains its capability to take immediate action to provide emergency assistance to
any number of people affected by, and emergency workers involved in, disaster or the
threat of disaster.
Individuals and families who suffer from the effects of disaster may have immediate
disaster-caused needs and/or may lack sufficient resources to begin their recovery
phase. In times of disaster, the needs of people can be identified by:
· Emergency Assistance - those of such an urgent need that they must be met
immediately.
· Additional Assistance - those that can be met after appropriate planning has
been undertaken by the family and the Red Cross.
In conducting its disaster relief services, the Red Cross represents all people and
extends aid in an equitable and impartial manner.
All Red Cross disaster relief assistance is an outright grant made possible by voluntary
donations of time and money from the American people.
Page 1 of 7
Disaster victims are responsible for their own recovery, and Red Cross assistance is
provided to facilitate and support disaster victims in their recovery. Assistance is
based upon addressing disaster-caused need according to the following criteria:
· Resumption of more normal living
· Verification of immediate need
· Identification
· Disaster-caused damage
The Red Cross disaster relief service is delivered in three phases (where applicable):
· Emergency Mass Care Response - The period where shelters are opened for
evacuees, mass feeding is' provided, damage assessments are conducted, and
bulk distribution of relief supplies are provided for disaster victims.
· Emergency Assistance Response - The period when individuals and families
received Red Cross assistance on an individual basis to address their disaster-
caused emergency needs.
· Additional Assistance Response - When government assistance and other
resources are not available to an individual or family, or when such assistance
is not adequate to meet disaster-caused needs, the Red Cross may parmer with
other agencies to provide additional assistance on an individual case-work
basis. :
Assistance may include disaster relief funds made available through an American Red
Cross Client Assistance Card (cash enabled debit card), and/or Disbursing Order
(similar to Purchase Order) for food, clothing, temporary shelter, cooking and eating
utensils, bedding supplies, cleaning supplies, linens, and other basic needs. In doing
so, the Red Cross utilizes all available resources, including those of the family, if they
can be used without causing undue hardship; the resources of federal, state, and local
government, and private agencies' disaster relief capabilities, in addition to the
resources of the Red Cross.
The Red Cross provides disaster welfare inquiries from relatives outside the disaster
area, inquiring about their family members that may have been affected by disaster.
The Red Cross refers families to available governmental resources and, if necessary,
assists families in making application for such aid.
Whenever possible, Red Cross assistance is channeled through normal commercial
establishments in the community in an effort to help restore the disrupted local
economy.
All Red Cross help to the disaster victims is an outright grant. No repayment is
required or requested. No Red Cross disaster supplies are sold.
Page 2 of 7
IV. Legal Authorities
The City conducts its disaster preparedness and operations activities under these
authorities: }
Texas Disaster Act of 1975, 64th Legislature, Article 6889-7 Vemon's Texas
Civil Statutes, now Chapter 418 of the Texas Government Code.
Robert T. Stafford Disaster Relief and Emergency Assistance Act, (as
amended) 42 U.S.C. 5121.
Texas Government Code, Chapter 418 (Emergency Management) and Chapter
421 (The Homeland Security Act of 2003).
D. City Ordinances (if any): City of Denton Code of Ordinances, Chapter 9.
E. The City's home role process and any other applicable laws.
The Red Cross conducts its Emergency Planning, Emergency Preparedness, and
Emergency Response and Recovery operations activities under these authorities:
In providing disaster relief, the Red Cross has both a legal and a moral mandate that it
has neither the authority nor the right to surrender. The Red Cross has both the power
and the duty to act in disaster, and our prompt action is clearly expected and supported
by the public.
Red Cross authority to perform disaster services was formalized when the organization
was chartered by the Congress of the United States in 1905. Among other provisions,
this charter charged the Red Cross--
to continue and carry on a system of national and
international relief in time of peace and apply the same in
mitigating the suffering caused by pestilence, famine,
fire, floods, and other great national calamities, and to
devise and carry on measures for preventing the same.
-U.S. Congress, Act of January 5, 1905,
as amended, 36 U.S.C.
Red Cross authority to provide dis~aster services was reaffirmed in federal law in the
1974 Disaster Relief Act (Public Law 93-288) and in 1988 in the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.
Methods of Cooperation
1. Emergency Planning, Emergency Preparedness, Emergency Response and Recovery.
In order to assure continuity in disaster planning, disaster preparedness,
emergency response readiness, and any other Red Cross program or service,
the Red Cross will seek representation from the City for its Community
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Liaison Committee (usually the City Emergency Management Coordinator or
designee). Likewise, the City will seek Red Cross representation on its disaster
planning body.
The Red Cross and the City will share their written disaster plans. The Red
Cross will provide to the: City a digital/electronic copy of it's most current
Disaster Response Plan and it's annexes. The digital/electronic copy will be
mailed to the Emergency Management Coordinator and made available in
Adobe Acrobat PDF format on CD.
C. The City agrees to admit properly identified Red Cross personnel into the
disaster impact area to provide Red Cross services.
Government Emergency Management Liaison
During disaster operations, the City will provide space within its Emergency
Operations Center for a Red Cross Government Emergency Management
Liaison.
The Red Cross will assign a Government Emergency Management Liaison to
the City's Emergency Operations Center or other command post. Specifically,
the Government Emergency Management Liaison will perform as the Red
Cross Mass Care, Shelter? Human Services Liaison for the City, and other
applicable Red Cross activities during EOC Operations. During potential or
actual Incidents of National Significance, the National Response Plan -
Emergency Support Function #6 provides further detail on American Red
Cross primary agency roles and responsibilities.
Emergency Mass Care
Emergency Mass Care - This service involves the coordination of non-medical
mass care services to include sheltering of victims, organizing feeding
operations, providing emergency first aid stations at designated Red Cross
Service Delivery Sites, collecting and providing information on victims to
family members (Disaster Welfare Inquiry), and coordinating bulk distribution
of emergency relief items.
The City and the Red Cross will cooperatively conduct and maintain an
inventory of all buildings which could potentially serve as mass care shelters.
The City will identify and~ document facilities (shelter list) that are preferred
mass care shelter sites (Parks and Recreation Centers, Schools, etc...). The
Red Cross and The City wi, Il complete a Facility Use Agreement for the Use as
Mass Care Shelters. This agreement specifically identifies the owner/operator
of all city owned facilities identified as available Red Cross shelter facilities.
The agreement will also identify facility use responsibilities, utility costs
responsibilities, and other aspects of facility usage. At the time of activation
and occupation of a shelter facility, a Red Cross volunteer or employee wil!
complete a "Disaster - Form 6506 Building Inspection Checklist". The
checklist is to be completed before Red Cross assumes the premise for the
opening, operation of a mass care shelter. Prior to closing and vacating the
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premise after operation as mass care shelter, a Red Cross employee or
volunteer will complete "Disaster - Form 6556 Release of Facility". This form
is completed during the closing procedures just prior to vacating the facility.
The City and the Red Cross will, during preparedness activities, also complete
a Shelter Survey for each identified facility included in the Facility Use
Agreement for the Use as Mass Care Shelters (a physical site visit by a Red
Cross representative to complete a survey document about each facility).
When the need for mass care shelters occur, the City and the Red Cros§
cooperatively designate one or more mass care shelter facilities based upon
anticipated need.
The Red Cross will retain administrative and financial control of the mass care
activities it provides. The Red Cross will assign a shelter manager to each
mass care shelter for this purpose and will assume responsibility for the cost of
providing Red Cross shelter and feeding operations.
Disaster Damage Assessment
The Red Cross and the City agree to exchange and share damage assessment
information and to conduct assessments cooperatively to the extent possible.
The City agrees to admit properly identified Red Cross personnel into the
disaster impact areas for the purpose of conducting Red Cross disaster damage
assessments, i.
Direct Assistance to Families
The Red Cross provides direct assistance to disaster victims as defined in
Section 1II Responsibilities, Paragraph 2 above. In carrying out any relief
activities, the Red Cross w~ll exercise administrative and financial control over
its own operations.
The City will assist the Rod Cross in establishing disaster service centers (if
Red Cross deems it necessary to open community disaster service centers
during or after a disaster) by providing use of City owned facilities as available
and requested.
Fund Raising: The Red Cross may initiate fund raising activities in the affected areas
in accordance with existing fund raising ordinances and agreements.
Recurrent Local Disasters
The City will notify the Red Cross (refer to Section V-8 Notification and
Contact) of recurrent local disasters (such as house fires, multi-unit apartment
fires, or other natural occurring or man made disasters, etc...) where families
or individual(s) will require immediate assistance.
Page 5 of 7
The Red Cross will endeavor to dispatch its Disaster Action Team to recurrent
local disasters within two (2) hours of incident notification to meet the
emergency needs of the affected families or individual(s).
The Red Cross will, upon request, provide emergency canteen services to
firefighters, and other emergency workers at the scene of recurrent local
emergencies or disasters (includes extended law enforcement managed
emergencies).
Notification and Contact, Modification and Cancellation
Reference Appendix A which is attached to and incorporated herein by reference.
Coordination and Planning of Assistance under Agreement
The City hereby authorizes and directs its Director of Emergency and Disaster
Services and his or her staff, and Red Cross hereby authorizes and directs its
designated officers or employee, to mutually plan for, establish, and coordinate the
details of implementing and furnishing the services and assistance agreed to be
provided in the Agreement.
10. No Duty 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.
11. Mutual Responsibility and Preservation of Defenses
12.
The 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 Red Cross. The Red
Cross agrees to and accepts full responsibility for acts, negligence, and/or omissions of
all Red Cross's employees and agents, Red Cross'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
limitations, the defense of governmental immunity and the limitations of 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.
Term, Amendment or Cancellation of Agreement
This Agreement shall continue in effect until terminated by either party hereto, by
such party giving the other party thirty days written notice (see Appendix A -
Page 6 of 7
Modification and Cancellation contact information). This Agreement's Appendix A
shall be reviewed annually and modified as appropriate.
13. Texas Law Controls
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.
14. Severability
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.
Endorsement
The undersigned officers hereto are the properly authorized officials and have the necessary authorit3~
to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other
that the necessary ordinances, resolutions, orders or other actions extending said authority have been
duly passed and are now in full force and effect and, by their signatures hereto, bind themselves to the
faithful performance of this Agreement.
City of Denton, Texas
By: _(~~ ~'1~
Euline Brock
Mayor
Date
Jennifer W~ters, Q~y Secretary
American Red Cross
Dallas Area Chapter
Stephen Vetrano
Chief Operating Officer
American Red Cross
Dallas Area Chapter
Date
Director, Emergency Planning
American Red Cross
Dallas Area Chapter
Date
Page 7 of 7
STATEMENT OF AGREEMENT
BETWEEN THE
AMERICAN RED CROSS - DALLAS AREA CHAPTER
AND
THE CITY OF DENTON
Appendix A
Notification and Contact, Modification and Cancellation
Notification and Contacts
The City will alert the American Red Cross - Dallas Area Chapter Denton
Branch promptly of actual or potential disasters
during normal business hours at: 972-219-4860
The City will alert the American Red Cross - Dallas Area Chapter
promptly of actual or potential disasters
after normal business hours at: (214) 678-4800, or (877) 505-4800
3. The Red Cross may contact the City's Emergency Operations Center
(EOC) at 940-349-8836.
A. The City Emergency Management Coordinator (EMC) may be reached
during normal business hours at 940-349-8836.
B. After normal business hours, the City Emergency Management
Coordinator (EMC) may be reached at (Ceil) 940-391-0906.
II.
Modification and Cancellation
This Agreement shall be reviewed, annually and modified (requiring a revised
agreement document to be agreed upon and endorsed) as appropriate. The
Agreement may be cancelled by eit'oer party through written notice to the other by
notifying the following persons at the following addresses:
The City
Michael A. Conduff
City Manager
City of Denton
215 East McKinney
Denton, TX 76201
The Red Cross
Martin A. Nerren
Director, Emergency Planning
American Red Cross - Dallas Area Chapter
4800 Harry Hines Blvd.
Dallas, TX. 75235