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R2006-104 07-10-06 RESOLUTION NO. R2006-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE EAST TEXAS GULF COAST REGIONAL ADVISORY COUNCIL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Mutual Aid Agreement by and between the City of Pearland, and the East Texas Gulf Coast Regional Advisory Council, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a Mutual Aid Agreement with the East Texas Gulf Coast Regional Advisory Council. PASSED, APPROVED and ADOPTED this the 10th day of July, AD., 2006. ~)0 TOM REID MAYOR '- ATTEST: APPROVED AS TO FORM: ~ N.. GA- DARRIN M. COKER CITY ATTORNEY Exhibit "An Resolution 2006-104 7110106 ATTACHMENT A East Texas Gulf Coast Regional Advisory Council TSA-R Emergency Medical Services/Patient Transport Mutual Aid Memorandum of Understanding I. Introduction and Background As in other parts of the nation, Trauma Service Area -R is susceptible to disasters, both natural and man-made, that could exceed the resources of any individual Emergency Medical Service. A disaster could result from incidents generating an overwhelming number of patients, a smaller number of patients with specialized medical requirements (i.e. acts ofterrorism or mass casualty incidents, etc.) or from incidents such as an internal disaster at a healthcare facility requiring partial or complete evacuation. II. Purpose of Mutual Aid Memorandum of Understanding The mutual aid support concept is well established and considered "standard of care" in most emergency response disciplines. The purpose of this mutual aid support agreement is to aid TSA-R Pre-hospital care provider agencies with fostering communications, and sharing of resources, personnel, and equipment to effectively manage a disastrous event. This Mutual Aid Memorandum ofDnderstanding (MOD) is a voluntary agreement among TSA-R Emergency Medical Service Agencies, Aero-Medical Support Services, and any other provider of patient transportation (such as Transit Authorities, Senior Services, etc.) for the purpose of providing mutual aid at the time of a disaster. For the purpose of this MOD, a disaster is defined as a catastrophic incident that exceeds the effective response capability of the healthcare community. An incident of this magnitude will almost always involve multiple emergency management, healthcare agencies, and local/regional public health. This MOD assumes that each affected agency's emergency management plan has been fully implemented. It is expressly understood that any Mutual Aid extended under this agreement is furnished in accordance with the "Texas Disaster Act" and other provisions oflaw, and except as otherwise provided by law; the responsible local official in whose district an incident requiring Mutual Aid has occurred shall remain in charge at the 3 incident, to include the direction of personnel and equipment provided to himlher through the operation of this agreement. III. Definition of Terms Agreement - this Mutual Aid Memorandum of Understanding Assisting Agency - agency providing equipment, supplies, services and/or personnel to the requesting agency. Disaster - an overwhelming emergency incident either natural or manmade that exceeds the effective response capability. Emergency Incident - any occurrence, whether natural or manmade, in war or in peace, which results in substantial injury or harm to the population. Mutual Aid - includes, but not limited to, such resources as equipment, supplies, services, and personnel. Requesting Agency - the agency requesting aid in the event of a disaster or emergency incident. IV. Agency Emergency Management Plan Each agency shall develop and maintain an emergency response plan for its designated response area to provide for emergency and/or disaster mitigation, preparedness, response, and recovery, in accordance with Chapter 418 of the Texas Government Code. The emergency plan shall incorporate the use of available resources, including personnel, equipment and supplies, necessary to provide and/or receive Mutual Aid. v. Activation of the Mutual Aid Memorandum of Understanding This MOU may be activated by the Director of the affected agency, or his/her designee making the request for Mutual Aid after he/she has the determination: A. An imminent threat of an emergency that is predicted to exceed local capabilities; and/or B. The occurrence of a catastrophic event that has exceeded or is predicted to exceed response capabilities. 4 VI. Procedures for Requests and Provisions of Mutual Aid The Director or his/her designee may request Mutual Aid Assistance by: . Submitting a written request for assistance to an Assisting Agency. . Orally communicating a request for Mutual Aid assistance from an Assisting Agency, this shall be followed by a written request within 24 hours. Mutual Aid shall not be requested by an Agency unless directly related to the Disaster or Emergency Incident, and resources available from normally responding agencies to the affected area are deemed to be inadequate, or are predicted to be expended prior to the resolution of the incident. The local Director or his/her designee must make all requests for Mutual Aid assistance. A. Requests Directly to the Assisting Agency: The requesting Agency may directly contact the Director of the Assisting Agency, or his or her designee and provide the necessary information as described in Section V. i, ii. B. Required Information by Requesting Agency: 1. A general description of the event, injuries sustained, or threatened; 2. Identification of the emergency service function or functions for which assistance is needed; 3. The amount and type of personnel, equipment, supplies needed and a reasonable time estimate ofthe time each will be needed; and 4. The location(s) which the resources are to be dispatched; and 5. The name and contact information of a representative of the Requesting Agency to meet the personnel and equipment of any Assisting Agency to which resources are dispatched. C. Assessment of Availability of Resources and Ability to Render Assistance: 1. When contacted by a Requesting Agency, the Director or his/her designee agrees to assess local resources to determine the availability of personnel, equipment, supplies, and other assistance based on current or anticipated needs. 2. The Assisting Agency(s) shall render assistance to the extent that personnel, equipment, supplies, and/or other requested resources are deemed available. 5 3. No Agency shall be required to provide Mutual Aid unless it determines that it has sufficient resources to do so based on current or anticipated events within its own response district. D. Information Required of the Assisting Agency: 1. A Director of his/her designee who determines that the Assisting Agency has available personnel, equipment, or other resources, shall notify the Requesting Agency and provide the following information, to the extent known: a. A complete description of the personnel and their expertise and capabilities, equipment, and other resources to be furnished to the Requesting Agency; b. The estimated length of time the personnel, equipment, and other resources will be available; c. The name of the person or persons to be designated as supervisory personnel; and d. The estimated time of arrival for the assistance to be provided at the designated location. E. Supervision and Control 1. When providing assistance under the terms of this agreement, the personnel, equipment, and resources of any Assisting Agency will be under the operational control of the Requesting Agency, the response effort to which SHALL be organized and functioning within the National Incident Management System (NIMS). 2. Direct supervision and control of personnel, equipment, and resources and personnel accountability shall remain with the designated supervisory personnel of the Assisting Agency. 3. The designated supervisory personnel of the Assisting Agency shall: a. maintain daily personnel time records; b. documentation of materials and supplies expended; c. a log of equipment hours, if applicable; d. be responsible for the operations and maintenance of the equipment and other resources furnished by the Assisting Agency. 4. The Assisting Agency's personnel, equipment, and other resources shall remain subject to recall by the Assisting Agency at any time, subject to reasonable notice to the Requesting Agency. 6 F. Mutual Aid Plan 1. By the signatures below, each Agency certifies that it will provide Mutual Aid assistance in accordance with the RAC-R Regional Advisory Council Mutual Aid MOU. 2. Each Agency will incorporate this TSA-R Mutual Aid MOU into their Emergency Response Plan, which shall specify those positions authorized to activate this agreement. G. Food, Housing, and Self-sufficiency 1. Unless specifically instructed otherwise, the Requesting Agency shall maintain the responsibility of providing food and housing for the personnel of the Assisting Agency from the time of arrival at their designated location to the time of their departure. 2. Assisting Agency personnel and equipment should be, to the extent possible, self-sufficient while working in the Emergency Incident or Disaster area. The Requesting Agency maintains the option to specify only self-sufficient personnel and resources at the time of the request for assistance. H. Communications 1. Unless specifically instructed otherwise, the Requesting Agency will maintain the responsibility for coordinating communications between personnel of the Assisting Agency and the Requesting Agency. 2. Assisting Agency personnel should be prepared to maintain their own communications equipment to sufficiently maintain communications among their respective operating units. 3. Requesting Agency shall request Regional Mobile Communications resources as needed. I. Rights and Privileges 1. Personnel who are assigned to respond to, or designated by their governing agency to perform duties pursuant to this Mutual Aid MOU shall continue to receive the following for performance of services as 7 though the service had been rendered within the response district where the personnel are regularly employed. a. the same wages, salary, pension, compensation, and benefits; b. injury and death benefits; c. disability payments; and d. worker's compensation benefits J. Terms of Deployment 1. The initial duration of the request for assistance will be specified by the Requesting Agency, to the extent possible, dependant upon the nature of the Emergency Incident or Disaster. K. Incident Summary Report 1. Within ten working days of the return of all personnel deployed under this Mutual Aid MOD, the Requesting Agency will prepare an After Action Event Summary Report, and provide a copy to each Assisting Agency. 2. The After Action Event Summary Report shall, as a minimum, include: a. chronological listing of events b. description of personnel, equipment, and other resources provided by one Agency to another. VII. Costs 1. Except for costs which may be reimbursable by State of Federal Agencies in a declared disaster, all costs associated within the provisions ofthe Mutual Aid MOD shall be the responsibility of the Assisting Agency; including but not limited to: a. compensation for personnel; b. operation and maintenance of equipment; c. medical expenses, d. food and lodging; and e. transportation expenses 2. The Assisting Agency shall be responsible for creating and maintaining a record of all costs incurred, both reimbursed and un- reimbursed, for a period of three years. 8 VIII. Insurance A. Workers' Compensation Coverage 1. Each Agency shall be responsible for: a. its own actions and those of its employees; and b. for complying with the Texas Workers' Compensation Act B. Automobile Liability Coverage 1. Each Agency is responsible for its own actions and for complying with the Texas motor vehicle financial responsibility laws. C. General Liability 1. To the extent permitted by law, each Agency shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to, arising out of, or in any way connected with its own actions, and the actions of its personnel in providing Mutual Aid assistance, rendered or performed under the terms of this Mutual Aid MOD. IX. Waiver of Claims Against Agencies; Immunity Retained Each Agency waives all claims against other Agencies for compensation for loss, damage, personal injury, or death occurring as a consequence of this Mutual Aid MOD, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Agency. No Agency waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and/or agents as a result of Section IX.A., or its execution of this Mutual Aid MOD and the performance of the services and assistance contained herein. X. Entirety This Mutual Aid MOD contains all commitments and agreements of the Agencies with respect to the Mutual Aid to be rendered here under during or in connection with an Emergency Incident or Disaster. 9 No other oral or written commitments of the Agencies with respect to Mutual Aid under this MOD shall have any force or effect if not contained herein, except as provided in Section XIII below. XI. Severability If a provision contained in this Mutual Aid MOD is held invalid for any reason, the invalidity does not affect other provisions of this document that can be given effect without the invalid provision, and to this end the provisions of the MOD are severable. XII. Term A. The terms of this Mutual Aid MOD shall become effective upon the date ofthe Agency's administrative signature and shall continue in force and remain binding on each Agency for a period of 24 months. B. This Memorandum of Dnderstanding shall renew automatically for two years terms, upon completion of the initial term and each subsequent term until such time as the governing body of the Agency terminates its participation in this MOD pursuant to Section IXX of this document. c. Termination of participation by an Agency or Agencies shall not effect the continued operation of this Mutual Aid MOD between and among the remaining Agencies. XIII. Amendment(s) This Mutual Aid MOD may be amended only by the mutual written consent of the participating Agencies. IVX. Termination Any Agency may, at any time, by 30-day written notice to all other participating Agencies, decline to participate in the provision of this Mutual Aid MOD. The termination of participation in this Mutual Aid MOD by one or more Agencies shall not affect the operations of this MOD between the other participating Agencies. 10 TSA-R Emergency Medical Services/Patient Transport Mutual Aid Memorandum of Understanding Signature Page By signing this Mutual Aid Memorandum of Understanding the undersigned Agency Administrator is evidencing intent to use best reasonable efforts to abide by the terms of this document in the event of an Emergency Incident or Disaster. The terms of this Mutual Aid Memorandum of Understanding are to be incorporated into the Agency's emergency management plan. This MOU is effective upon the date of administrative signature. An Agency may res end its intent to participate within the scope of this agreement with a 30-day written notice to the TSA-R East Texas Gulf Coast Regional Trauma Advisory Council and all participating Agencies. Any problems or issues that arise with respect of this agreement will be resolved at the lowest level possible, or with third party arbitration, if necessary. Name of Agency: Ci ty of Pearl and Name of Administrator (Print): Bi 11 Ei sen Administrator's Signature: ~ Date: July 12, 2006 11