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
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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
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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 ~)