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:
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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.
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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.
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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
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