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2001-039C \WINDOW:~\Desktop~FEMA Trl doc o oiNANCE NO d Ol- OZq AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DENTON AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY, REGION VI ("FEMA'), TO PROVIDE FOR ALTERNATE TRANSPORTATION IN THE EVENT FEMA'S PERMANENT FACILITY IS UNAVAILABLE IN AN EMERGENCY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COIZNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager or his designate is hereby authorized to execute a Memorandum of Understanding between the City of Denton and the Federal Emergency Management Agency, Region VI ("FEMA"), to provide for alternate transportation in the event that FEMA's permanent facility is unavmlable in an emergency, a copy of which is attached hereto and made a part hereof SECTION 2 The City Manager or his designate is authorized to make the expenditures as set forth in the attached Transportation MOU SECTION 3 This ordinance shall become effective ~mme&ately upon its passage and approval PASSED AND APPROVED th~s the ~'~ day of ~, 2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APl/ROVED AS TO LEGAL FORM MEMORANDUM OF UNDERSTANDING DENTON PUBLIC TRANSPORTATION Federal Emergency Management Agency Region VI and City of Denton, Texas The following Memorandum of Understanding (MOU) sets forth the terms of an emergency actmn plan between the Federal Emergency Management Agency (FEMA) and the City of Denton, Texas (DENTON), with regard to implementation of the FEMA Region VI Continuity of Operations (COOP) Plan I. Purpose of l, lOU The purpose of this MOU is to establish a plan of action for the parties as they relate to a COOP situation, wluch would cause Region VI personnel to operate in an alternate facility, and to memorialize an offer to reimburse DENTON's expenses, which offer may be accepted only by DENTON's unilateral substantial performance of the tasks described here~n Notwithstanding DENTON's present expressed ~ntention to follow this plan as stated, it is understood by all parties that DENTON may be unwflhng or unable to carry out these tasks as contemplated, and that no legal or equitable penalty or remedy, nor any ~nmdental or consequential damages, are anticipated or bargained for m the event that DENTON chooses, for whatever reason, not to accept the offer under the circumstances contemplated herein II. Duration of MOU The MOU is merely an offer by FEMA to reimburse expenses incurred by DENTON, which may be accepted by DENTON's unilateral substantial performance of the anticipated tasks As such, this offer to reimburse becomes effective upon signature of both senior management officials and shall remain in effect until one, or both, parties cancel, in accordance with the terms set forth herein However, it is understood that no legally enforceable contractual rights or equitable enforceable promissory rights arise under the MOU, unless and until DENTON accepts the offer by its substantial performance of the anticipated tasks III. Program Description COOP 15 a program whereas the FEMA Region VI personnel must be capable of operating on a continual basis, even ffthe facility currently being occupied is uninhabitable In this instance, Region VI personnel would have to be avmlable to provide direction and guidance to their l representative states during emergency declarations To do so, transportation to an alternate facility must be made avmlable IV. General Provisions It is understood by both sen]or management officials that each agency should be capable of fulfilling ]ts prescribed plan of action under this MOU If at any time either party is unable to perform its planned functions under this MOU, the affected party shall immediately provide notice to the other V. Responsibilities of the Parties Under Plan In consideration of the mutual roms and des]res of the part,es to th~s MOU, the City of Denton, Texas, and Region VI plan as follows A, City of Denton, Texas plans to: (1) Provide transportation to Region VI personnel during COOP situations via the most economical, but prudent, manner avmlable (See Note) (2) Provide priority routing of transport vehicles, if possible Routing may have to be worked through the Incident Commander (Fire or Police), depending on the situation causing the evacuation of the Region VI fac~hty (3) Provide an emergency contact number for making th~s request B. Should DENTON accept the offer to reimburse by its unilateral substantial performance, Region VI agrees to: (1) Provide a management h st]ng of personnel who can authorize activation of this MOU (2) Keep vehicles neat and clean (3) Follow c~ty-estabhshed rules for parking and faclhty entry (4) If vehicles must be rented, take appropriate care of such and return them in a timely manner (5) Provide a purchase order number for authorization of transportation vehicles NOTE' Accommodations for approximately 44 personnel will need priority transportation to one of three alternate fa¢]ht]es Add]t]onai transportat]on may be necessary to ensure 2 that employees get home if their vehicles cannot be moved and will be completed with the assnstance of the Emergency Operations Center VI. Allocation of Costs As stated above, when a request is made to the C~ty of Denton, Texas, they may provtde transportation ~n the most economical and prudent fashion Should DENTON do so, FEMA Region VI w~ll pay for any assocmted cost of providing th~s transportation VII. Amendment or Cancellation of Offer Th~s offer contmned ~n th~s MOU may be amended or cancelled at any t~me by e~ther the C~ty of Denton, Texas or Region VI APPROVED: The undersigned part~es do not bind themselves to the fmthful performance of this plan at th~s ttme, however, ~t ~s presently the intention of the part~es to proceed ~n th~s fashmn, should the need arise It ~s mutually understood that and agreed that, even upon approval of both parUes, th~s plan shall not become an enforceable contract, except that, for consideration of DENTON's performance, FEMA's agreement to reimburse costs shall become a legally btn&ng contractual obhgat~on, effective upon DENTON's acceptance of the terms stated here~n by DENTON's substantml performance City of Denton, Texas Federal Emergency National Iqan~afl[ement Agency BYI~h~I~aelw ~ez ~j]"~f R L "Budd~t~oung \ ~ C~ty Manag~ Office of the ~tg~onal D~re t~ Date F/~- ~"/~ / Date / ~' C~ d(~-- 0 ~)