R2009-191 - 2009-11-23 RESOLUTION NO. R2009 -191
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 HARRIS COUNTY.
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 Harris County, 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 Harris County.
PASSED, APPROVED and ADOPTED this the 23 day of November, A.D., 2009.
F
TOM REID
MAYOR
ATTEST:
t Cpl II�Q o: b
CIT SECRETARY
NN'N
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2009 -191
INTERLOCAL AGREEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
THIS INTERLOCAL AGREEMENT (the "Agreement is made and entered into by and
between the City of Pearland, Texas (the "City acting by and through its governing body,
and Harris County, Texas, acting by and through its governing body, Harris County
Commissioners Court. This Agreement is made pursuant to chapter 791 of the Texas
Government Code (the Interlocal Cooperation Act) and chapter 418 of the Texas Government
Code (the Texas Disaster Act of 1975) to the extent it applies to this Agreement.
RECITALS:
The Parties hereto recognize the vulnerability of the people, communities and schools
located within Harris County, Texas, to damage, injury, and loss of life and property resulting
from natural or man -made catastrophes, riots, or hostile military or paramilitary action, and other
emergencies.
The full and effective utilization of the resources available to the City of Pearland, Texas,
and Harris County is necessary for the prompt and efficient rescue, care, and treatment of
persons victimized or threatened by disaster.
Chapter 791 of the Texas Government Code authorizes interlocal agreements between
local governmental entities such as the City of Pearland and Harris County. Chapter 791
authorizes such entities to contract for emergency assistance, section 791.27; governmental
functions and services, section 791.011, including police protection and detention services,
public health and welfare, planning, administrative functions, and other governmental functions
in which the contracting entities are mutually interested, section 791.003(3), such as those
provided in chapter 418 of the Texas Government Code.
Section 418.107(c) of the Texas Government Code provides that a political subdivision
may render aid to other subdivisions under mutual aid agreements.
Harris County and the City of Pearland, Texas, find that entering into an Interlocal
Agreement for mutual aid serves a public purpose of Harris County and of the City of Pearland.
The Parties hereto desire to enter into an agreement to provide mutual aid consistent with
the mutual aid and emergency assistance plans developed by their emergency management
agencies and approved by the governing bodies of the City of Pearland and Harris County.
NOW, THEREFORE, the City of Pearland, Texas, and Harris County, in consideration
of the mutual covenants and agreements herein contained, do mutually agree as follows:
C.A. File No. 09GEN1502
TERMS:
I.
The City and Harris County shall each appoint an Emergency Management Coordinator to take
all steps necessary for the implementation of this Agreement.
II.
It shall be the duty of each Party to formulate emergency management plans and programs that
incorporate the use of available resources, including personnel, equipment, buildings, and
supplies necessary to provide mutual aid and emergency assistance. The plan, approved by the
governing body of each Party, shall be submitted to the Governor's Division of Emergency
Management.
This Agreement shall apply to the dispatch of emergency service responses by either or both
Parties in response to a disaster as that term is defined in section 418.004 of the Texas
Government Code, and in response to actual and imminent incidents that endanger the health,
safety, or welfare of the public and require the use and require use of special equipment, trained
personnel, or personnel in larger number than are locally available in order to reduce, counteract,
or remove the danger caused by the incident. This Agreement includes the provision of
materials, supplies, equipment, and other forms of aid by and between the Parties including the
staffing and equipping of emergency operations, and participation by personnel in exercises,
drills, or other training activities designed to train and prepare for, cope with, respond to, or
prevent the occurrence of any disaster.
In carrying out emergency management plans and programs, the Parties shall, insofar as possible,
provide and follow uniform standards, practices and rules and regulations, including but not
limited to the following:
Warnings and signals for exercises or disasters and the mechanical devices to be used
in connection therewith.
Shutting off water mains, gas mains, and electric power connections, and the
suspension of all other utility services.
Selection of all materials, equipment or buildings used or to be used for emergency
management purposes to assure that such materials and equipment will be easily and
freely interchangeable when used by either Party hereto.
The conduct of civilians and the movement and cessation of movement of pedestrian
and vehicular traffic prior to, during, and subsequent to exercises or disasters.
The safety of public meetings or gatherings.
As further set forth below, each Party shall coordinate the emergency responses within its scope
of responsibility under this Agreement.
Either Party, when requested to provide mutual aid or emergency assistance, may take such
action as is necessary to provide and make available the resources covered by this Agreement in
accordance with the terms hereof, provided however, the Party rendering aid (the "Responding
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Party to the Party receiving assistance (the "Requesting Party may withhold resources to the
extent necessary to provide other necessary governmental functions for itself.
When a request for emergency assistance is received, law enforcement, fire, emergency response
personnel, and other resources shall be subject to the command and control of their respective
agencies. However, the respective agencies shall coordinate their emergency responses and
resources through the emergency management authorities of the Requesting Party. Any request
for aid shall specify the amount and type of resources requested. However, the Responding
Party shall determine the specific resources furnished. The personnel and resources deployed by
the Responding Party shall report to the officer in charge of the incident and report through the
incident chain of command. The Responding Party shall be released by the Requesting Party
when the reserves of the Responding Party are no longer required or when the resources are
needed within the Responding Party's normal emergency service area.
Each request for mutual aid assistance shall be made through the Emergency Management
Coordinator of the Requesting Party, after approval by the Requesting Party's chief executive or
governing body, to the Emergency Management Coordinator of the Responding Party. The
regional headquarters of the Texas Department of Public Safety shall be notified immediately
whenever mutual aid is requested pursuant to this Agreement.
In the event of rapidly developing emergencies occurring within the jurisdiction of the
Requesting Party and near the Requesting Party's boundary, the Responding Party's law
enforcement and/or emergency responders will respond as they are able, without the prior
request of the Requesting Party, as provided by applicable law. The Responding Party's
emergency response units will establish control of the scene. The Responding Party and staff
representing other governmental entities requested to provide mutual assistance will provide
assistance and resources as available in accordance with the existing emergency management
plans and programs. The Responding Party's resources will remain on the scene as needed. In
such event this Agreement shall be in effect.
III.
Nothing in this Agreement shall be construed as making either Party responsible for the payment
of compensation and /or any benefits including health, property, motor vehicle, workers'
compensation, disability, death, and dismemberment insurance for the other Party's employees
and/or equipment. Nothing in this Agreement shall be construed as making the Requesting Party
responsible for wages, materials, logistical support, equipment, and related travel expenses
incurred by the Responding Party.
IV.
The mutual obligations herein shall constitute full compensation for all services, and neither
Party shall be entitled to any reimbursement for assistance hereunder. Neither Party shall have
any liability for failure to expend funds to provide aid hereunder. Each Party understands and
agrees that neither Party has certified funds under this Agreement, and neither Party shall have a
cause of action for money against the other Party under this Agreement irrespective of the nature
thereof The sole remedy for failure to provide aid in accordance with this Agreement or for
breach of any provision of this Agreement is termination.
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V.
Neither Party to this Agreement waives or relinquishes any immunity or defense on behalf of
itself, its officers, employees, agents, and volunteers as a result of its execution of this
Agreement and the performance of the covenants contained herein. Furthermore, neither the
terms of Section III and Section IV, nor any other provision in this Agreement, shall prohibit
either Party from seeking financial aid or in -kind reimbursement from any state or federal agency
or program.
Pursuant to section 421.062 of the Texas Government Code, the Responding Party is not
responsible for any civil liability that arises from any act or omission made within the course and
scope of its functions to provide a service under this Agreement that is related to a homeland
security activity. The Parties understand and agree that the Requesting Party does not assume
civil liability under any theory of law for the actions of the Responding Party in providing
services hereunder.
The condition of equipment provided hereunder is the sole responsibility of its owner. If the
equipment is damaged or destroyed, the financial responsibility is the owner's and may be
recovered through insurance acquired by the owner, or through any other resources available to
the owner. The Requesting Party is not responsible for damage to equipment or injury to any
person, or for the actions of the Responding Party.
VI.
This Agreement shall continue in force and remain binding on each Party until such time as the
governing body of either Harris County or the City terminates this Agreement. The Parties
mutually agree that the Party requesting termination shall notify the other Party, in accordance
with the notice provision contained in Section VII, at least 90 days prior to any action taken to
terminate this Agreement by either Harris County or the City.
VII.
Any notice required to be given under this Agreement shall be in writing and shall be duly
served when it is deposited, enclosed in a wrapper with the proper postage affixed and duly
certified, return- receipt requested, in a United States post office, addressed to Harris County or
the City at the following addresses.
To Harris County: Harris County
Harris County Administration Building
1001 Preston, Suite 911
Houston, Texas 77002
Attention: Harris County Judge
With a copy to:
Harris Office of Homeland Security Emergency Management
6922 Old Katy Road
Houston, Texas 77024
Attention: Emergency Management Coordinator
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To the City: City of Pearland, Texas
3519 Liberty Dr.
Pearland, Texas 77581
Attention: Office of the Mayor
Either Party may designate a different address by giving the other Party ten days' written notice.
VIII.
The Parties shall observe and comply with all applicable federal, Texas, and local laws, rules,
ordinances, and regulations affecting the conduct of services provided and the performance of
obligations undertaken by this Agreement. In case any one or more provisions contained in this
Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
IX.
The presiding officer of the governing body of each Party to this Agreement shall notify the
Harris County Division of Homeland Security and Emergency Management (the "Division of
the manner in which the Party is providing or securing an emergency management program,
identify the person who heads the agency responsible for the program, and furnish additional
pertinent information that the Division requires. The person so designated shall accomplish
training prescribed by the Division.
X.
This Agreement should be construed in a manner consistent with the Texas Disaster Act of 1975,
chapter 418 of the Texas Government Code, and the Texas Interlocal Cooperation Act, chapter
791 of the Texas Government Code, as they may hereafter be amended. As used in this
Agreement, the term "disaster" has the meaning given it in section 418.004 of the Texas
Government Code.
XI.
Mandatory and exclusive venue of any dispute between the Parties to this Agreement shall be in
Harris County, Texas.
XII.
This Agreement is not intended to be an exclusive agreement, and each Party may enter into
other similar agreements.
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IN WITNESS WHEREOF, this instrument has been executed on behalf of Harris County by a
duly authorized representative of Harris County, and on behalf of the City of Pearland, Texas, by
an authorized representative of the City of Pearland, Texas.
APPROVED AS TO FORM
VINCE RYAN HARRIS COUNTY
Harris County Attorney
By B c—
ARVA GAY ED EMMETT
Assistant Coun Attorney County Judge
Date Signed: DEC 2 2 2009
CITY OF PEARLAND, TEXAS
Attest/ Seal: ;k Q EI�F2t;gN.
BY: a� Q'1 M()
Y nq Logfing int Name: Tom Reid
City Secretary S Mayor
Date Signed: NnvemhPr 23, 2009 Date Signed: Nhvemher 23, 2009
Countersigned: nn
By: 1.�.CO J �'y,tA_o2_
Claire Bogard
City Controller
Date Signed: November 23, 2009
6
THE STATE OF TEXAS
COUNTY OF HARRIS
The Commissioners Court of Harris County, convened at a meeting of said Court at the
Harris County Administration Building in the City of Houston, Texas, on the day of
DEC 2 2 2009 2009, with the following members present, to -wit:
Ed Emmett County Judge
El Franco Lee Commissioner, Precinct No. 1
Sylvia R. Garcia Commissioner, Precinct No. 2
Steve Radack Commissioner, Precinct No. 3
Jerry Eversole Commissioner, Precinct No. 4
And the following members absent to -wit: V•D constituting a
quorum, when among other business, the following was transacted:
ORDER AUTHORIZING THE EXECUTION
OF AN INTERLOCAL AGREEMENT
WITH THE CITY OF PEARLAND FOR MUTUAL AID
Commissioner introduced an Order and made a motion
that the same be adopted. Commissioner L_ v 'k -0(e seconded the motion for
adoption of the Order. The motion, carrying with it the adoption of the Order, prevailed by the
following vote:
es No Abstain
Judge Emmett
Comm. Lee
Comm. Garcia
Comm. Radack
Comm. Eversole
The County Judge thereupon announced that the motion had duly and lawfully carried
and that the Order had been duly and lawfully adopted. The Order thus adopted follows:
RECITALS:
Harris County and the City of Pearland, Texas, recognize the vulnerability of the people,
communities and schools located within Harris County, Texas, to damage, injury, and loss of life
and property resulting from natural or man-made catastrophes, riots, or hostile military or
paramilitary action, and other emergencies.
Presented to Commissioner's Court
DEC 2 2 2009
1 APPROVE
Recorded Vol Page
The full and effective utilization of the resources available to the City of Pearland, Texas,
and Harris County is necessary for the prompt and efficient rescue, care, and treatment of
persons victimized or threatened by disaster.
Chapter 791 of the Texas Government Code authorizes interlocal agreements between
local governmental entities such as the City of Pearland and Harris County. Chapter 791
authorizes such entities to contract for emergency assistance, section 791.27; governmental
functions and services, section 791.011, including police protection and detention services,
public health and welfare, planning, administrative functions, and other governmental functions
in which the contracting entities are mutually interested, section 791.003(3), such as those
provided in chapter 418 of the Texas Government Code.
Section 418.107(c) of the Texas Government Code provides that a political subdivision
may render aid to other subdivisions under mutual aid agreements.
Harris County and the City of Pearland, Texas, desire to enter into an agreement to
provide mutual aid consistent with the mutual aid and emergency assistance plans developed by
their emergency management agencies and approved by the governing bodies of the City of
Pearland and Harris County.
Harris County and the City of Pearland, Texas, find that entering into an Interlocal
Agreement for mutual aid serves a public purpose of Harris County and of the City of Pearland.
The Commissioners Court of Harris County desires to approve the County's entering into
an Interlocal Agreement with the City of Pearland, Texas, based on the aforesaid representations.
NOW THEREFORE,
BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS
THAT:
Section 1: The recitals set forth in this Order are true and correct.
Section 2: The Agreement is approved and the County Judge of Harris County or his
designee is authorized to execute an Interlocal Agreement with the City of
Pearland, Texas for mutual aid assistance. The Agreement is attached
hereto and made a part hereof for all purposes.
Section 3: All Harris County officials and employees are authorized to do any and all
things necessary or convenient to accomplish the purpose of this Order.
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