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2004-123ORDINANCE NO. o/ P6/-/JL AN ORDINANCE AMENDING AND UPDATING A MUTUAL AID AGREEMENT (86-188) BETWEEN THE CITY OF DENTON AND DENTON STATE SCHOOL 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 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 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 Denton State School for approval; and WHEREAS, the City Council finds, therefore, that the approval of a modem Mutual Aid Agreement with the Denton State School 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 Mutual Aid Agreement with the Denton State School is hereby approved and the Mayor, as Director of Emergency and Disaster Services, is hereby authorized and directed to execute, the Mutual Aid Agreement between the City of Denton and Denton State School 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 hereof. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the t24~2'/5/L day of ~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 MUTUAL AID AGREEMENT Between Denton State School And City of Denton, Texas The following Mutual Aid Agreement (the Agreement) sets forth the terms of agreement between Denton State School and the City of Denton, Texas, with regard to implementation of a Continuity of Operations or Emergency Management Plan during an emergency or disaster. WHEREAS, School and City are both local governments with the authority and power to contract; and WHEREAS, School and City have the power to contract subject to the provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, Texas Government Code, Chapter 418, "Emergency Management" or other applicable law; and WHEREAS, School and City have the authority to perform the services set forth in this Agreement individually and will make all payments for services out of current revenues and each party agrees such payments will fairly compensate the party performing the services. WITNESSETH: 1. Parties and Purpose This Agreement is entered into between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "City" and the Denton State School, a facility owned and operated by the Texas Department of Mental Health and Mental Retardation, hereinafter referred to as "School" to provide for mutual assistance during times of catastrophic events, emergencies or disasters. 2. Mutual Assistance in Public Emergency In the event of occurrence of a natural, technological or terrorist incident or emergency 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 School 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 or 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 furnished may be refused, limited or recalled at the sole discretion of the party from whom assistance is requested or furnished. 3. Assistance by the City of Denton Should the School suffer a catastrophic event, emergency, disaster, or other similar occurrence after the completion of this Agreement, the City shall, upon the request of the School, subject to the limitations of this Agreement, provide the following. Available vehicles required for evacuation or transportation of the School's personnel and clients to safe areas. Assistance in coordination and arranging for temporary lodging of the School's personnel and clients when evacuation of the School's facilities is required. Assistance in providing for the furnishing and delivery of food, medical ~upplies and personnel, and other necessary emergency equipment, supplies or personnel, to the School or to temporary lodging sites in cases where the School's facilities are required to be evacuated. Emergency clearing and control personnel at the School's facilities, to remove rubble, remove or replace damaged utility lines, control traffic and provide other services as needed to provide emergency care to School's personnel and clients. Any other services, personnel, equipment, or material that is warranted and available and deemed necessary under the circumstances. It is understood and agreed by the parties that the School will request the MayhilI-Cooper Creek Volunteer Fire Department to be dispatched to the School Campus to assist with fire emergencies on or near the Campus until the City Fire Department arrives and responds to a fire emergency. 4. Assistance by Denton State School Should the City suffer a catastrophic event, natural disaster, or other similar occurrence within the contemplation of this Agreement, the School shall, upon the request of the City, subjeqt to the limitations of this Agreement, provide the following. a. Temporary lodging facilities in School facilities b. Supply available vehicles for emergency transportation needs. Provide available surplus food, supplies, and equipment not immediately needed by School staff or residents. Any other services, personnel, equipmefft, or material that is warranted and available and deemed necessary under the circumstances. Page 2 of 4 5. 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 School hereby authorizes and directs its designated officer or employee, to mutually plan for, establish, and coordinate the details of implemenfmg and furnishing the services and assistance agreed to be provided in this Agreement. 6. 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 before the government 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. 7. Mutual Responsibility 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 perform'mg services under this Agreement with the School. School agrees to and accepts full responsibility for acts, negligence, and/or omissions of all School's employees and agents, School's subcontractors and/or contract laborers performing services under this Agreement. It is' further agreed that if a claim or liability should arise fi:om the joint or concumng 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 or hability 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 thirty days' written notice to the other of its intent to terminate tiffs Agreement. 9. Allocation of Costs The Emergency Facilities shall be made available free of charge for up to 72 hours, to include utilities. Should other costs be incurred, such costs will be the full responsibility of the participants who incur them. 10. 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. Page 3 of 4 11. 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. APPROVED: The undersigned officers hereto are the properly authorized officials and have the necessary authority 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 Denton State School Euline Brock, Mayor Date: ~_., ~0, o~0/ Denton State School Administrator Date: Attest: Jennifer Walters, City Secretary Approved as to Legal Form: Herbert L. Prouty, City Attorney Page 4 of 4