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R2004-149 09-13-04 RESOLUTION NO. R2004-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY FOR MUTUAL AID ASSISTANCE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain interlocal agreement by and between the City of Pearland and Brazoria 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 an interlocal agreement with Brazoria County for Mutual Aid Assistance. PASSED, APPROVED and ADOPTED this the 13th day of September A.D., 2004. 71. 2f1rJ T EID MAYOR ATTEST: Y, / NC l_•, ►.F�G R p' % Y SE 'ETARY APPROVED AS TO FORM: rie_AA__.: GAL, DARRIN M. COKER CITY ATTORNEY KEITH G. ALLEN JIM WIGINTON First Assistant 4 a" s Chief-Civil Division TERRI TIPTON HOLDER I ':(1;-W- : JOHN BLANKENSHIP Chief-Criminal Division e1.:.'.±0j4 Chief Investigator -F JERI YENNE CRIMINAL DISTRICT ATTORNEY BRAZORIA COUNTY August 30, 2004 Tom Reid Mayor of Pearland 3519 Liberty Drive Pearland, Texas 77581-5416 Re: Interjurisdictional Mutual Aid Agreement for Brazoria County Dear Mayor: Attached please find the proposed Interjurisdictional Mutual Aid Agreement for Brazoria County and the various municipalities located within Brazoria County. This Agreement has been placed on our Commissioners Court agenda for September 14, 2004. We feel reasonably certain that it will be approved. Would you please submit this agreement to your governing body for consideration and approval? Upon such approval please execute the two agreements provided and return them to our office for what we expect would be Judge Willy's signature. We will return one fully executed copy to you. If you have any questions please don't hesitate to contact the undersigned. Sincerely yours, JIM'WIGINTO i JW:arw Enclosures Cc: Judge Willy Ricky Perry COUNTY COURTHOUSE, 1 1 1 E. LOCUST, SUITE 408A, ANGLETON, TEXAS 77515 Angleton Area Brazosport Area Houston Area Fax-Criminal Division Fax-Civil Division (979)864-1230 (979)388-1230 (281)756-1230 (979)864-1525 (979) 849-8914 EXHIBIT • n INTERJURISDICTIONAL MUTUAL AID AGREEMENT FOR BRAZORIA COUNTY State of Texas County of Brazoria This Mutual Aid Agreement (Agreement) is entered into by and between Brazoria County, Texas and all municipal corporations, political subdivisions, and public entities located within or partially within Brazoria County, Texas and participating in the Brazoria County Cooperative Emergency Management Plan (Parties): Recitals The Parties recognize the vulnerability of the people and communities located within Brazoria County, Texas to damage, injury, and loss of life and property resulting from emergencies and/or disasters and recognize that disasters and/or emergencies may present equipment and manpower requirements beyond the capacity of each individual Party. The Parties recognize that in the past mutual aid has been provided between or among the Parties in the form of personnel, supplies and equipment during emergencies and/or disasters as well as during the cleanup periods. The governing officials of the Parties desire to secure for each Party the benefits of mutual aid and protection of life and property in the event of a disaster and/or emergency. The Parties wish to make suitable arrangements for furnishing mutual aid in coping with emergencies and/or disasters and are so authorized and make this Agreement pursuant to Chapter 791 of the Texas Government Code, Chapter 418 of the Texas Government Code, and Executive Order of the Governor of the State of Texas, RP 12, dated April 12, 2002. The parties recognize that a formal agreement for mutual aid would allow for better coordination of effort, provided that adequate equipment is available, and help to ensure that mutual aid is accomplished in the.minimum time possible and desire to enter into an agreement to provide mutual aid consistent with mutual aid plans developed by the Brazoria County Emergency Management Group and approved by the governing bodies of the Parties. Page 1 of 14 NOW, THEREFORE, the Parties agree as follows: Terms 1. Recitals. The recitals set forth above are true and correct. 2. 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. 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. 3. Emergency Management Director. The Mayor of each city participating in this Agreement and the County Judge of Brazoria County shall serve as the Emergency Management Director for each Party and shall take all steps necessary for the implementation of this Agreement. Each Mayor and the County Judge may designate an Emergency Management Coordinator who shall serve as an assistant to the presiding officer of the political subdivision for emergency management purposes. 4. Upon Request. Upon request of the Emergency Management Director or designated Emergency Management Coordinator, each Party hereto shall furnish mutual aid in coping with an emergency and/or disaster and the forces necessary to provide such mutual aid to a requesting Party subject to the terms of this Agreement. 5. Conditions. Any furnishing of resources under this Agreement, which includes but is not limited to supplies, anment, su P u personnel,equipment, lid ersonnel, is subject to the following conditions: a. a request for aid shall specify the amount and type of resources being requested, shall state the location to which the resources are to be dispatched, and shall state the time period for which such resources are requested; 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; Page 2 of 14 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; and d. the Party rendering aid shall be released by the requesting Party when the services of the Party rendering aid are no longer required or when the officer in charge of the Party rendering aid's forces determines, in his sole discretion, that further assistance should not be provided. 6. Coordinating Agency for Mutual Aid. Brazoria County will act as the coordinating agency for mutual aid responses under this Agreement. Such coordination shall be through the Brazoria County Office of Emergency Management. As part of its duties as coordinating agency, the Brazoria County Office of Emergency Management shall maintain a current listing of all Parties to this Agreement. Such listing shall include personnel to be contacted in each city, appropriate telephone and facsimile numbers, and other information that would be needed in order to contact each Party in the event of an emergency or disaster. In the event of a widespread emergency or disaster affecting more than one Party hereto, the Brazoria County Office of Emergency Management shall coordinate the call-up and assignment of resources to the affected area. 7. Rapidly developing emergencies near incorporated area. In the event of rapidly developing emergencies occurring near, but outside of the incorporated area of a Party which is a city herein, and within the unincorporated area of Brazoria County, the city's police and/or fire departments will respond as it is able, without the prior request of Brazoria County. The city's emergency response units will establish control of the scene until the arrival of Brazoria County officials; control will then be transferred to Brazoria County, however, the city's resources will remain on the scene as needed. In such event,this Agreement shall be in effect. 8. Declaration of Disaster. In the event of a declaration of a local state of disaster by a Party pursuant to Chapter 418 of the Texas Government Code, this Agreement shall be in effect. 9. Waiver of Claims Against Parties. 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 Agreement, except those caused in whole or in part by the negligence of an officer or employee of another Party. Provided however, that this waiver shall not apply in those cases in which the claim results from the failure of the requesting Party to accept responsibility for any civil liability for which the Page 3 of 14 requesting Party is responsible as determined by the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended. 10. Costs. A Party rendering aid may be reimbursed by the requesting Party for costs incurred pursuant to this Agreement in furnishing mutual aid. Personnel who are assigned, designated or ordered by their governing body to perform duties pursuant to this Agreement shall receive the same wages, salary, pension, and other compensation and benefits for the performance of such duties, including injury or death benefits and worker's compensation benefits, as though the service had been rendered within the limits of the jurisdiction where the personnel are regularly employed. All wage and disability payments, except for the payments the requesting Party is required to pay under the Interlocal Cooperation Act, pension payments, damage to equipment and clothing, medical expenses, and expenses of travel, food, and lodging shall be paid by the Party in which the employee in question is regularly employed. 11. Equipment and Personnel. All equipment used by the Party rendering aid under this Agreement will, during the time the aid is being furnished, be owned, leased, or rented by it and all personnel acting for the Party rendering aid under this Agreement will, during the time the aid is being furnished, be paid by the Party rendering aid. At all times while equipment and personnel of a Party rendering aid are traveling to, from, or within the geographical limits of the requesting Party in 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. 12. Immunity Retained. No Party waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of its execution of this Agreement and the performance of the covenants contained herein. 13. Expending Funds. Each Party which performs services or furnishes aid pursuant to this Agreement shall do so with funds available from current revenues of the Parry. No Party shall have any liability for the failure to expend funds to provide aid hereunder. 14. Termination. It is agreed that any Party hereto shall have the right to terminate its participation in this Agreement upon ninety (90) days written notice to the other Parties hereto. Page 4 of 14 15. 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 in 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. 16. Entirety. This Agreement contains all commitments and agreements of the Parties as to mutual aid to be rendered during or in connection with an emergency and/or disaster. No other oral or written commitments of the parties shall have any force or effect if not contained herein. Notwithstanding the preceding sentence, it is understood and agreed that certain signatory Parties may have heretofore contracted or hereafter contract with each other for mutual aid in emergency and/or disaster situations, and it is agreed that this Agreement shall be subordinate to any such individual contract. 17. Ratification. Each Party hereby ratifies the actions of its personnel taken prior to the date of this Agreement. 18. Other Mutual Aid Agreements. 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. 19. 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 those terms are defined in the Interlocal Cooperation Act. 20. Severability. If 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. 21. 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. Page 5 of 14 22. Amendment. This Agreement may be amended only by the mutual written consent of the Parties. 23. 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 be deemed or construed to create, any rights in third parties. 24. Warrant. The Agreement has been officially authorized by the governing 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. 25. 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 Brazoria County, Texas. 26. Emergency Assistance. Notwithstanding the provisions herein, any local government which is a Party hereto may provide emergency assistance to another local government as provided in Section 791.027 of the Texas Government Code. 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. 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. Brazoria County, Texas: John Willy Judge of Brazoria County, Texas AF EST: Name Date Title Page 6 of 14 Alvin, Texas: Andy Reyes Mayor, City of Alvin, Texas A1"1'hST: Name Date Title Angleton, Texas: L.M. "Matt" Sebesta Mayor, City of Angleton, Texas T• Al"1�:S . Name Date Title Bailey's Prairie, Texas: Randy Taylor Mayor, Town of Bailey's Prairie, Texas A1'1EST: Name Date Title Page 7 of 14 Bonney, Texas: Raymond Cantu Mayor, Village of Bonney, Texas A1"1EST: Name Date Title Brazoria, Texas: Ken Corley Mayor, City of Brazoria, Texas AI EST: Name Date Title Brookside Village, Texas: Bruce Fundling Mayor, Brookside Village, Texas A1'IEST: Name Date Title Page 8 of 14 Clute, Texas: Jerry Adkins Mayor, City of Clute, Texas A1'1`EST: Name Date Title Danbury, Texas: Robert Rosier Mayor, City of Danbury, Texas A'FFEST: Name Date Title Freeport, Texas: James A. Barnett Mayor, City of Freeport, Texas AIThST: Name Date Title Page 9 of 14 Hillcrest Village, Texas: Johnny Villareal Mayor, City of Hillcrest Village, Texas ATTEST: Name Date Title Holiday Lakes, Texas: Charles Rushing Mayor, Town of Holiday Lakes, Texas A'1'fEST: Name Date Title Iowa Colony, Texas: Robert C. Wall Mayor, Village of Iowa Colony, Texas A1TEST: Name Date Title Page 10 of 14 Jones Creek, Texas: George Mitchell Mayor, Village of Jones Creek, Texas Al 1EST: Name Date Title Lake Jackson, Texas: Shane Pirtle Mayor, City of Lake Jackson, Texas A1'1EST: Name Date Title Liverpool, Texas: Allan F. Moore Mayor, City of Liverpool, Texas A'ITEST: Name Date Title Page 11 of 14 • Manvel, Texas: Delores Martin Mayor, City of Manuel, Texas AFIEST: Name Date Title Oyster Creek, Texas: Richard D. Merriman Mayor, City of Oyster Creek, Texas AT IEST: Name Date Title Pearland, Texas: Tom Reid Mayor, City of Pearland, Texas ATTEST: Name Date Title Page 12 of 14 Quintana, Texas: James Nevil Mayor, Town of Quintana, Texas A'1'1'EST: Name Date Title Richwood, Texas: Peggy Gartman Mayor, City of Richwood, Texas A'1TEST: Name Date Title Surfside, Texas: Larry Davison Mayor, Village of Surfside Beach, Texas A1"1EST: Name Date Title Page 13 of 14 Sweeny, Texas: Larry Piper Mayor, City of Sweeny, Texas AF1'EST: Name Date Title West Columbia, Texas: David E. Foster Mayor, City of West Columbia, Texas AFIEST: Name Date Title Page 14 of 14 KEITH G. ALIEN JIMJIM WIGINTON First Assistant �fn^" a s Chief-Civil'Division TERRI TIPTON HOLDER a *1;1 ' JOHN BLANKENSHIP Chief-Criminal Division 51 ,;; Chief Investigator OF JERI YENNE CRIMINAL DISTRICT ATTORNEY BRAZORIA COUNTY August 30, 2004 Tom Reid Mayor of Pearland 3519 Liberty Drive Pearland, Texas 77581-5416 Re: Inter/urisdictional Mutual Aid Agreement for Brazoria County Dear Mayor: Attached please find the proposed Interjurisdictional Mutual Aid Agreement for Brazoria County and the various municipalities located within Brazoria County. This Agreement has been placed on our Commissioners Court agenda for September 14, 2004. We feel reasonably certain that it will be approved. Would you please submit this agreement to your governing body for consideration and approval? Upon such approval please execute the two agreements provided and return them to our office for what we expect would be Judge Willy's signature. We will return one fully executed copy to you. If you have any questions please don't hesitate to contact the undersigned. incerely yours, IM` ',,IGINTO JW:arw Enclosures Cc: Judge Willy Ricky Perry COUNTY COURTHOUSE, 1 1 1 a LOCUST, SUITE 408A, ANGLETON, TEXAS 77515 Angleton Area Brazosport Area Houston Area Fax-Criminal Division Fax-Civil Division (979)864-1230 (979)388-1230 (281)756-1230 (979)864-1525 (979) 849-8914