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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 Page 3 of 7 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 Page 4 of 7 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