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HomeMy WebLinkAboutC2006-404 - 9/12/2006 - Approved INTERLOCAL AGREEMENT FOR DISASTER OPERATIONS FOR THE CITY OF PORT ARANSAS AND THE CITY OF CORPUS CHRISTI, TEXAS Thi~ Interlocal Agreement (" Agreement") is entered into by and between the City of Port Aransas ("Port Aransas") and the City of Corpus Christi ("Corpus Christi") hereinafter the" Parties" RECITALS The Parties recognize the vulnerability of the people and communities located withm the County to damage. injury, and loss of life and property resulting from disasters and/or civil emergencies and recognize that disasters and/or civil emergencies may present equipment and manpower requirements beyond the capacity of each individual Party The Parties rec\)gnize that. in the past. mutual aid has been provided between or among the Parties in the form of personnel. supplies and equipment during disasters and/or civil emergencies as well as during cleanup periods. The governing officials of the Parties desire to secure for each Party the benefits of joint disaster operations and mutual aid and protection of life and property in the event of a disaster and/or civil emergency. The Parties wish to make arrangements for coordinating planning and disaster operations. and furnishing mutual aid in coping with disasters and/or civil emergencies and the Parties are authorized to make and do enter into this Agreement pursuant to Chapter 791 Texas Government Code (Interlocal Cooperation Act), Chapter 418, Texas Government CClde (Texas Disaster Act of 1975), and Executive Order No. RP- 12 bv the Governor of the State of Texas (April 3. 2002). The Parties recognize that a formal agreement for mutual aid and coordinated disaster operations WIll alloVv for better concentration of efforts, will provide that adequate equipment and manpower is available. and will help ensure that mutual aid is accomplished in the minimum time possible, and thus desire to enter into an agreement to implement a joint system disaster operations and provide mutual aid. NOW. THEREFORE the Parties agree as follows: TERMS Recitals. The recitals set forth above are true and correct. 2006-404 09/] 2/06 Res026984 Page 1 of 9 [Interlocal Agreement on Disaster Operations] Cit~ of Port Aram~a~ .........'"',- 2. DEFINITIONS. For purposes of this Agreement, the terms listed below will have the following meanings: (a) "CivIl emergency" means an unforeseen combination of circumstances or the resulting consequences thereof within the geographic limits of a given jurisdiction that calls for immediate action or for which there is an urgent need for assistance or relief to protect the general citizenry (b) .. Disaster " means the occurrence or imminent threat of widespread or severe damage. injury or loss of life or property resulting from any natural or man-made cause. including fire. flood. earthquake, wind. storm. wave action, oil spill or other water contamination, volcanic activity. epidemic. air contamination, blight, drought, infestation. explosion. riot. hostile military or paramilitary action, energy emergency (as that term is defined in Chapter 418 of the Texas Government Code), acts of terrorism. and other public calamity requiring emergency action. ( c) ., Local government" means a county. municipality, special district, or any corporate/pol itical entIty organized under state law. of Texas or a state that borders Texas. (d) "Mutual aid" includes. but is not limited to, such resources as equipment, supplies. and personnel. (e) "Political subdivision" means county or incorporated city. (0 "Disaster operations" means response to an impending, probable or actual disaster. and recovery actions to restore the communities to pre-disaster conditions. It also means, but is not limited to. the definition given to disaster operations by the relevant State of Texas or federal emergency management personnel. 3. Party's Emergency Management Plan. Each Party shall prepare and keep current an emergency management plan for its jurisdiction to provide for emergency/disaster mitigation. preparedness, response and recovery, in accordance with Chapter 418 of the Texas Government Code. The emergency management plan shall incorporate the use of available resources, including personnel, equipment and supplies, necessary to provide mutual aid. The emergency management plan shall be submitted to the Governor's DiVIsion of Emergency Management. The Parties shall coordinate efforts to accomplish joint disaster operations planning and the development of plans that take into account one another's needs, geographic areas, and populations. Port Aransas will contribute planning assistance to include pre-disaster coordination and plan development on Corpus Christi and regIOnal plans, review of Corpus Christi plans and documents as requested. participation in Corpus Christi or regional exercise development. executilln, and evaluation, and other planning tasks agreed to by the Parties to further disaster preparedness for the Parties and/or the region. Corpus ChnstJ will provide planning support to include access to Corpus Christi emergency Page 2 of 9 IInterlocal Agreement on Disaster Operations I ...........-..",,,., staff and programs, the inclusion and specific mention of Port Aransas in relevant plans. maps, and documents. Corpus Christi will assist Port Aransas in meeting its federal and state planning requirements wIth plan development (such as the state emergency management planning standards as defined in the EMPG [Emergency Management Planning Grant]. and federal requirements such as the NIMS [National Incident Management System] and others as applicable). The Parties pledge to be advocates of a continuous upgrade of their respective emergency management programs and capabil ities hoth individually and jointly and agree to meet several times a year, at times to be agreed upon by the Emergency Management Coordinators, to coordinate trainmg. planning, mitigation, and other emergency management efforts. 4. Emergency Management Directors/Coordinators. The Mayor of each city participating in this Agreement shall each serve as the Emergency Management Director for his/her respective junsdiction and shall take all steps necessary for the implementation of this Agreement. Each Emergency Management Director shall desIgnate an Emergency Management Coordinator. who shall serve as an assistant to the presiding officer of the political subdivision for emergency management purposes. Dunng an active disaster situation as defined by this document and/or State of Texas, the Emergency Management Directors and Coordinators of the Parties shall communicate and coordinate on emergency actions. In the case of a conflict between the Directors during a disaster situation, the Texas Department of Public Safety's Disaster District ChaIrman for the region shall mediate, or arbitrate the dispute if needed. with due speed. 5. Activation of Agreement. This Agreement shall be activated immediately upon its passage by the Parties' City Councils. 6. Request for Mutual Aid. In the event of a local disaster declaration, the Emergency Management Director or the designated Emergency Management Coordinator of a Part) seeking mutual aid from another Party shall request such aid to the other Party s Emergency Management Coordinators. A Party from whom mutual aid IS sought shall furnish mutual aid to cope with the disaster to the requesting Party, subject to the terms of this Agreement 7 Conditions. Any furnishing of resources under this Agreement is subject to the followmg conditions: (a) A request for aId shall specify the amount and type of resources being requested, the location to which the resources are to be dispatched, and the specific time by which such resources are needed; ( b) The Party rendering aid shall take such action as is necessary to provide and make available the resources requested, provided however, that the Party rendering aid. in its sole discretion, shall determine what resources are available to furnish the requested aid; and Page 3 of 9 [Interlocal Agreement on Disaster Operations] -- (c) The Party rendering aid shall report to the officer in charge of the requesting Party' s forces at the location to which the resources are dispatched. 8. Coordinating Agency for Mutual Aid. Corpus Christi shall act as the coordinating agency for mutual aid responses to disasters and to civil emergencies under this Agreement As part of its duties as coordinating agency, Corpus Christi shall maintain a current listing of personnel to be contacted in each city, appropriate telephone and facsimile numbers. and other mformation that would be needed in order to contact each Party in the event of a disaster or civil emergency. 9. Wai ver of Claims Against Parties; Immunity Retained. Each Party hereto waives all claims against the other Parties hereto for compensation for any loss, damage. personal injury, or death occurring as a consequence of the performance of this AgreemenL except those caused in whole or in part by the gross negligence of an officer. employee. or agent of another Party. No Party waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of the foregoing sentence or its executIon of this Agreement and the performance of the covenants contained herein 10. Costs. A.1I costs associated with the provision of mutual aid, such as damage to equipment and clothing, medical expenses, and expenses of travel, food, and lodging, shall be paid by the Party rendering aid, although the Party rendering aid may be reimbursed by the requesting Party for such costs if the Parties in question so agree. Personnel who are aSSigned. designated or ordered by their governing body to perform duties pursuant to this Agreement shall continue to receive the same wages, salary, penSiOn. and other compensation and benefits for the performance of such duties, including injury or death benefits. disability payments, and worker's compensation benefits as though the service had been rendered within the limits of the jurisdiction where the personnel are regularly employed. Port Aransas agrees to provide an annual payment of SIO.OOO to Corpus Christi on or before November 30 of each year the Agreement is active _ to augment administrative and other costs associated with implementing this Agreement. 11. Equipment and Personnel. During the time mutual aid is being furnished, all equipment used by the Party rendering aid shall continue to be owned, leased, or rented by the Party rendering aid At all times while equipment and personnel of a Party rendering aid are traveling to. from. or withm the geographical limits of the requesting Party III accordance with the terms of this Agreement, such personnel and equipment shall be deemed to be employed or used, as the case may be. in the full line and cause of duty of the Party rendering aid. In addition. such personnel shall be deemed to be engaged in a governmental function of their entity. Port Aransas agrees to provide personnel to assist in emergency operations. preparations, and recovery to include an Asslstant Emergency Management Coordinator and its Emergency Management Page 4 of 9 IlnterlolCal Agreement on Disaster Operations] ........ Coordinator. Such personnel shall be available, with the permIssIOn of the Port Aransas Emergency Management Director. and able to provide assistance in Corpus Christi whether at an emergency scene or in the Corpus Christi EOC (Emergency Operations Center). Corpus Christi agrees to provide access to all warning tools available to it and to allow Port Aransas use of emergency operations software. Corpus Christi agrees to house and provide a workspace in their EOC for three Port Aransas personnel . 12. Storm Debris. Port Aransas will provide a site for emergency storm debris reduction and transfer within its corporate city limits for the handling of storm or other debris generated from a disaster [hat affects the Parties for the benefit and use of the Parties Corpus Christl agrees that burning operations, that may have been used during the mitial clean up stages of a disaster, will switch to mulching/grinding operations upon the request of Port Aransas Both Parties agree that the condition of the debris reduction and transfer station should be returned to its pre-storm use conditions. Corpus Christi agrees fa cooperate and assist with such restoration efforts, but does not assume liability for the costs of the restoration effort. Corpus Christi agrees to immediately amend it'; storm debris clearing and handling contract to include both PartIes in that contract. Port Aransas is hereby given access to all Corpus Christi disaster contracts. Port Aransas agrees to work with said contractor to set up separate debns zones, do contractor and site monitoring during disaster operations, and identify the storm debris site immediately Corpus Christi agrees to manage the overall debris contract. rebid the contract as necessary to include Port Aransas in its next bid, and agrees to he the primary applicant to FEMA for debris clearing and reduction costs. Port Aransas Will enumerate to Corpus Christi all costs incurred for its separate debris area and provide all documentation [() facilitate this portion of FEMA applications for publ ic assistance Port Aransas Will provide oversight contractors to work within the Port Aransas debris zone. track reimbursable and other costs, develop its own project worksheets. and provide other assistance to Corpus Christi with debris and paperwork issues for the island areas as needed. Port Aransas agrees to be part of such contingency contracts. acknowledgmg that no additional contract costs are associated with being added to such Corpus Christi contracts. Port Aransas agrees to be part of the annual start -of-season check-up and training process and to participate with Corpus Chnstl and its contraclOr in such training. 13. Immediate Emergency Response & Communications. Port Aransas pledges to begin a program of radio system interoperability in concert with regional, state, and federal assistance. Port Aransas also agrees to supply Corpus Christi with sufficient Port Aransas operating band radios to facilitate communications. Port Aransas agrees to supply the Mustang Is]and area with property within its city limits for a federal disaster field office. emergency workers camp, mobile medical hospital, resupply points and staging areas. emergency food/water/ice/tarps distribution points, and helicopter and fixed wing aircraft landing zones. Port Aransas agrees to provide an interjurisdictional forward command post with high speed satellite internet access, satellite phones. and a wireless local area network at such a forward post for the joint Page 5 of 9 Ilmerlocal Agreement on Disaster Operations I use \)f the PartIes, state, and federal officials. Corpus Christi agrees to provide an additional two (2) 800 MHz radios for the use of Port Aransas personnel. Corpus Christi agrees to provide or facilitate initIal windshield or aircraft based damage assessment resources in concert with Port Aransas staff and volunteers. Corpus Christi agrees to provide or facilitate the sharing of city, state, and federal search and rescue assets and assistance for the immediate response to the Port Aransas area. 14. Exoending Funds. Each Party which performs services or furnishes aid pursuant to this Agreement shall do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid hereunder 15. Termination. It is agreed that any Party hereto shall have the right to terminate its participation in this Agreement upon one hundred eighty (180) days written notice to the other Parties heretl \ . 16. Term. This Agreement shall become effective as to each Party when approved and executed by that Party. This Agreement shall continue in force and remain binding on each and every Party until such time as the governing body of a Party terminates its partIcipation III this Agreement pursuant to Section 15 of this Agreement. Termination of participation in this Agreement by a Party(ies) shall not affect the continued operation of this Agreement between and among the remaining Parties and this Agreement shall continue in force and remain binding on the remaining Parties. 17. Entirety This Agreement contains all commitments and agreements of the Parties with respect to the coordinated disaster operations and mutual aid to be rendered hereunder during or in connection \vith a disaster and/or civil emergency. No other oral or written commitments of the Parties with respect to mutual aid under this Agreement shall have any force or effect if not contained herein, except as provided in Section 19 below and such written agreements authorized by this Agreement. 18. Ratification. Each Party hereby ratifies the actions of its personnel taken prior to the date of this Agreement. 19. Other Mutual Aid Agreements. Notwithstanding Section 17, it is understood and agreed that certain signatory Parties may have heretofore contracted or may hereafter contract with each other for mutual aid in civil emergency and/or disaster situations, and it is agreed that this Agreement shall be subordinate to any such individual contract. To aSSIst each other in the process of mutual aid response planning, each Party agrees to inform the other Parties of all mutual aid agreements that each Party has with other municipalities, entities, counties, and state or federal agenCIes Specifically. the existence of this Agreement shall not prevent a municipality, county. rural fire prevention district, emergency services district, fire protection Page 6 of 9 [Interlocal Agreement on Disaster Operations I ......' agency. organized volunteer group, or other emergency services entity from providing mutual aid assistance on request from another municipality, county, rural fire prevention district. emergency services district, fire protection agency, organized volunteer group. or other emergency services entity, in accordance with the provisions in Section 418.109 (d) of the Texas Government Code. Additionally, the existence of this Agreement shall not prevent any Local Government which is a Party hereto from providing emergency assistance to another Local Government which is not a party hereto. in accordance with the provisions in Section 791.027 of the Texas Government Code 20. Interlocal Cooperation Act. The Parties agree that mutual aid in the context contemplated herein is a "governmental function and service" and that the Parties are "local governments" as that term IS defined herein and in the Interlocal Cooperation Act 21 . Severability I l' a provision contained in this Agreement is held invalid for any reason. the invalidity does not affect other provisions of the Agreement that can be given effect without the invalid provision. and to this end the provisions of this Agreement are severable 22. Validity and Enforceability If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified. this Agreement shall continue in full force and effect 23. Amendment. This Agreement may be amended only by the mutual written consent authorized by the Parties' governing bodies. 24. Third Parties. This Agreement is intended to inure only to the benefit of the Parties hereto This Agreement is not intended to create, nor shall it be deemed or construed to create. any rights in third parties. 25. Warranty This Agreement has been officially authorized by the goyerning body of each Party hereto and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective Party to this Agreement. 26. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall lie exclusively in Nueces County. Page 7 of 9 [Interlocal Agreement on Disaster Operations] -~-'-'--' 27" Headings" The headings at the beginning of the various provisions of this Agreement have been included only in order to make it easier to locate the subject covered by each provisIOn and are not to be used in construing this Agreement. **The Rest of this Page is Intentionally Left Blank** Page 8 of 9 [InterlocaJ Agreement on Disaster Operations] '~ EXECUTED by the Parties hereto. each respective entity acting by and through its duly authorized official as required by law. on multiple counterparts each of which shall be deemed to be an original. on the date specified on the multiple counterpart executed by such entity Port Aransas. Texas: ? -~~~ .~, .:;... y::=-- -- -- Michael Kovac~ City Manager of Port Aransas. Texas Date V ~/C 6 ATTEST: Name ~~~)~- Title ('\...)j.,. ~~l\"'~1M \J \ Date 1/!)ft~ , Corpus Christi. Texas: Ge "Skip" Noe C' 'Manager of Corpus Christi. Texas Date [1 ~ Jg-D ~ ATTEST: ----- Armando Chapa City Secretary Date ~/, If' /~ , APPROVED AS TO FORM: -) 'J<e2 u-z.(lt S l( ;, ~~;;.:=:~i[hi~ ............-... "," SEctrrAIY=aL.-- -" -,~~, / R. Jay ein' g./ FirstAssi ant City At~ey For City Attorney Page 9 of 9 Ilnterlocal Agreement on Disaster Operations 1 ~~. .~ City of Port Aransas 710 W. AVENUE A PORT ARANSAS, TEXAS 78373-4128 361-749-4111 FAX 361-749-4723 www. cityofportaransas. org City of Port Aransas September 5, 2006 John Murra) EMS Director CCFD 24Q6 Leopard Street Corpus C'hristi. Texas 78408 RE: Interlocal Agreement for Disaster Operations Dear Mr Murray rhe City Council has authorized me to sign the Interlocal Agreement for Disaster Operations for the City of Port Aransas and the City of Corpus Christi. I have executed the City's portion of the attached Agreemenl. After the completion of signatures. please return a copy for my files. \lso attached is the briefing paper I provided to the Council to aid them in their decision. I thought \OU might like to know what they based their decision on. I f you need an) thing further, please feel free to contact me. Sincerely, '~;;'2.';" -s___ ~~ Michael Kovacs City Manager MK.:pg Enclosures (2) l CITY COUNCIL MEETING AUGUST, 1.2006 ITEM/SlIBJECT A. Resolution authorizing the City Manager to enter into an InterlocaI Agreement for Disaster Operations between the City of Port Aransas and the City of Corpus Christi. INITIATIN G D EP AR TMI.NT: Administration COMMLNTAR Y' lalks began wi th the <-' ity of ( . orpus Christi over a year and a half ago about having a more integrated approach to hurricane and disaster management. Work has progressed with CCFD and we have greatly benefited over the last year from the joint approach to addressing regional emergency management issues. In order to solidify our verbal benefits now possessed with the City of Corpus Christi. and in order to provide for better capabilities to speed recovery for our island in the event of a storm. I am proposing this interlocal agreement for disaster operations. Mike Morris has reviewed the agreement and approves. Shiner Moseley assisted with the development of the debns contract access i~sues with FEMA and crafting of the process for debris operations. The ('ity Manager of Corpus Christi, their legal department. engineering department, and fire department have all had input Oil the final version of the agreement. Port Aransas derives a number of benefits: Joint/meamngful planning and drills (more time spent on "real" planning and less on hureaucratic action~, to satisfy the state) Sharing of mutual aid resource~ c\ccess to advanced warning and operational web-based emergency software tools, database handling, and space in the Corpus Christi FOC Access to their storm debns contracts (lower prices than ours) - Search and rescue resources for post storm immediate operations We bring assets to the table as well to include island sites for joint debris operations, forward command posts and communications, and planning and exercise effort and experience. Our cost is $10,000 per year (built into FY 07 budget). I think we will definitely get our money's worth on the planning side alone. and we would save about 35~'o on debris clearing costs to gain access to their contracts if we get into a bad storm. The agreement and joint operations take us to the highest level of emergency preparednes:-. possible without adding dedicated additional staff." · AS60CI,'\TEDINF()J~.~''t^ IL9N: R~s()tu!ion, II!te~l()_c3!IA--E!eem~nt ........--.~