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HomeMy WebLinkAboutPR 20297: AUTHORIZING AN INTERLOCAL COOPERATION AGREEMETN WITH WALKER COUNTY IN THE CITY OF HUNTSVILLE FOR SHOR TERM EMERGENCY SHELTERS !-. Cm of '' X11 % ort rtlrur e.rus INTEROFFICE MEMORANDUM Office of the Fire Chief Date: May 29,2017 To: Harvey Robinson,City Manager From: Robert L. Havens,Deputy Fire Chief/Deputy EMC RE: Proposed Resolution 20297 Nature of the Request: For the last several years the City of Port Arthur has had plans with the Brazos County Office of Emergency Management to evacuate our general population evacuees to Brazos County (College Station area) in the event a mandatory evacuation is enacted. On April 24, 2018 DFC/EMC Havens was notified by Brazos County Emergency Management that they could not manage the expected number of possible general population evacuees should we have the need to call for a mandatory evacuation this hurricane season. Working with the Texas Division of Emergency Management, a search for a new point-to-point sheltering partner was conducted.On May 11,2018 DFC Havens and DPC Fratus met with Walker County (Huntsville area) officials. The meeting was very productive and concluded with the Walker County officials willing to enter into a compact with the City of Port Arthur to provide our citizens sheltering services. Walker County has more than adequate facilities and personnel to meet our general population point-to-point evacuation sheltering needs.The attached interlocal agreement will formally link Walker County and the City of Port Arthur as point-to-point sheltering partners. Staff Analysis,Considerations: Past evacuations of the City of Port Arthur resulted with an average of approximately 2,200 general population evacuees being evacuated to point-to-point sheltering locations. Walker County has facilities and staff available to shelter more than triple that capacity. Walker County is closer and easier to travel back and forth to than any of our previous point-to-point sheltering partners (Texarkana and Brazos County). Recommendations: The Office of Emergency Management recommends approval of this resolution. In the event a mandatory evacuation order is given, State transportation assets will be utilized. Walker County will manage the shelter activity and file for their reimbursement of expended funds with FEMA as a Category B Emergency Protective Measures Public Assistance action expense. Budget Considerations: There is no cost to the City of Port Arthur associated with this proposed resolution. "Remember we are here to serve the Citizens of Port Arthur" P.O. BOX 1089 * PORT ARTHUR.TEXAS 77641-1089 * 409/983-8101 * FAX 409/982-6743 P.R. No. 20297 5/29/18 RLH Page 1 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND WALKER COUNTY, TEXAS IN THE CITY OF HUNTSVILLE FOR SHORT- TERM SHELTER DURING AN EMERGENCY EVACUATION WHEREAS, the City of Port Arthur recognizes the vulnerability of its citizens and community to damage, injury, and loss of life and property resulting from natural disasters and other emergencies; and, WHEREAS, natural disasters and other emergencies may present manpower and equipment requirements beyond the capacity of the City's day-to-day operations; and, WHEREAS, the City of Port Arthur may face imminent threats of widespread suffering or sever damage, injury, or loss of life or property resulting from natural disasters and other emergencies; and, WHEREAS, the Mayor of the City of Port Arthur may invoke extraordinary measures to alleviate the suffering of people and to protect or rehabilitate property, natural disasters and other emergencies, including but not limited to, ordering a mandatory evacuation of the City of Port Arthur; and, WHEREAS, the City regularly enters into Interlocal Agreements with other local communities to secure aid in the event of emergencies; and, WHEREAS, a standardized Interlocal Agreement has been proposed by the Walker County, Texas to facilitate the entering of an agreement with the City of Port Arthur, Texas for short-term sheltering services during an evacuation; and, WHEREAS, the entering of this agreement with participating local communities is authorized pursuant to Chapter 791 of Texas Government Code (Interlocal Cooperation Act), Chapter 418 of the Texas Government Code ( Texas Disaster Act of 1975), Chapter 421 of the Texas Government Code (Homeland Security), and Chapter 362 of the Local Government Code. P.R. No. 20297 5/29/18 RLH Page 2 THAT,the facts and opinions in the preamble are true and correct; and, THAT, the Mayor and City Council authorize the Mayor to enter into an Interlocal Cooperation Agreement with Walker County and the City of Port Arthur for short-term shelter services in the event of an ordered evacuation; and, THAT, a copy of this caption be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of June,A.D. 2018, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Council Members ; NOES: Derrick Freeman Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Val Tizeno City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson Interim City Manager P.R. No. 20297 5/29/18 RLH Page 3 Larry Richard Fire Chief John Owens Acting Police Chief/EMC Andrew Vasquez Director of Finance Clifton Williams, CPPB Purchasing Manager P.R. No. 20297 5/29/18 RLH Page 4 EXHIBIT "A" INTERLOCAL COOPERATION ACT AGREEMENT BETWEEN THE COUNTY OF WALKER AND THE CITY OF PORT ARTHUR FOR SHORT-TERM SHELTER DURING AN EVACUATION This AGREEMENT is entered into by and between the County of Walker ("Walker County") and the City of Port Arthur ("Port Arthur"), Texas pursuant to the authority granted and in compliance with the provisions of the "INTERLOCAL COOPERATION ACT" ("Act"), Chapter 791, Texas Government Code and Under Chapter 421 ("Homeland Security"),Texas Government Code. WITNESSETH WHEREAS,Walker County has, at the request of the State of Texas,developed and implemented a regional evacuation plan ("Shelter Plan") to receive evacuees from the Texas Gulf Coast; and, WHEREAS, the State of Texas has requested that this Shelter Plan accommodate evacuees from pre-designated municipalities and counties; and, WHEREAS, Walker County activates that plan when requested by the State and coordinates shelter operations involving multiple counties, municipalities, school districts and other responding entities; and, WHEREAS, the City of Port Arthur desires to have adequate emergency response provisions in place in the event of a declared state of emergency and evacuation; and, WHEREAS, an "Order of Evacuation" applicable to the City of Port Arthur would require that all persons in the City of Port Arthur with the exception of essential emergency personnel, immediately evacuate the city; and, WHEREAS, in the event of such an Order of Evacuation, the City of Port Arthur intends to evacuate and transport a maximum of 2500 residents subject to the terms and conditions as specified in this Agreement, and, WHEREAS, Walker County intends to provide a short term shelter for these City of Port Arthur residents subject to the terms and conditions as specified in this Agreement, and, WHEREAS, pursuant to the Act, the City of Port Arthur is authorized to contract with eligible entities to perform government functions and homeland security services, and, WHEREAS, Walker County is an eligible Agency under the Act and desires to contract with the City of Port Arthur on the terms described herein; and, WHEREAS,in accordance with the Act,the City of Port Arthur and Walker County recognize that any payments for the performance of governmental functions or services are from available current revenues and the parties mutually agree to seek Federal Emergency Management Agency (FEMA) and State direct reimbursements for the transportation and shelter operations; and, WHEREAS, the parties agree that the respective rights, duties, and obligations regarding this joint project are as specified in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, obligations, and benefits hereunder, the parties do hereby agree as follows: I. STATEMENT OF RESPONSIBILITIES: CITY OF PORT ARTHUR: the City of Port Arthur shall be responsible for providing or securing transportation for a maximum of 2500 individuals seeking transportation to and from Walker County during an evacuation, including the families of the bus drivers, which shall be included in the maximum number of 2500 individuals. Transported individuals will have the opportunity to bring pets subject to such conditions as may be established by Walker County, in its sole discretion; refer to Walker County Statement of Responsibility. Transported individuals are responsible for supplying pet care supplies, including food, for their animals,however,in the event supplies are needed,Port Arthur shall provide animal carriers and animal supplies if such conditions warrant. Port Arthur shall be responsible for collecting data and identifying individuals who seek transportation, including those individuals with medical special needs. The parties understand that Walker County does not operate a medical special needs shelter and that any persons in need of a medical special needs shelter shall seek refuge at such a facility. Within 60 days of the execution of this Agreement, and by October 1 of each year in which this Agreement is in effect, Port Arthur shall provide Walker County a numerical summary of persons expected to be sheltered under this Agreement. Port Arthur will use its best efforts to educate all residents seeking transportation to bring bedding, toiletries, prescription medication, animal carriers, animal supplies and necessary mobility devices. Port Arthur agrees that if there is a need to shelter residents after the termination of an evacuation order and Port Arthur can open its own local shelters, it will do so as soon as possible. Port Arthur further agrees that evacuees sheltered in Walker County under this Agreement will have priority over any other persons in obtaining spaces at Port Arthur's shelters. Port Arthur shall provide transportation for said residents. Port Arthur will work with state and federal officials to obtain midterm housing for any evacuees who cannot return home within the allotted calendar days. Port Arthur agrees to appoint one representative to serve as Liaison with the Walker County Emergency Management Coordinator to coordinate sheltering. Port Arthur shall advise Walker County in writing in accordance with Section VI of the identity and contact information for the Liaison. Port Arthur agrees to cooperate with Walker County in the process of seeking FEMA and State direct reimbursement for the services provided under this Agreement. WALKER COUNTY: Walker County shall provide a short-term shelter, not to exceed seven (7) calendar days, for a maximum of 2500 Port Arthur residents. Said seven-day period may be extended only upon the mutual agreement of Walker County and Port Arthur in writing.Walker County will operate appropriate shelter facilities and arrange for mass feeding and other appropriate support. Walker County will coordinate and provide shelter and necessary care for companion pets. Walker County, in its sole discretion, may provide certain services and resources delineated in this Agreement through cooperating entities as described in the Shelter Plan. II. COSTS: Port Arthur and Walker County shall be solely responsible for the planning, support, and all aspects of the operation of the services respectively performed by each entity and contemplated by this Agreement, including, without limitation, all legal and financial obligations of the parties and those of their employees and agents. Each party agrees to cooperate in the process of seeking FEMA and State direct reimbursement for the services provided under this Agreement. In the event neither FEMA nor the State reimburses Walker County for operation of the shelters, Walker County agrees that any payment for the performance of services detailed in this Agreement shall be made from current revenues available to the paying party. III. MANAGEMENT OF SERVICES: The Cit of Port Arthur will provide Walker County with notice no later than two hours after the issuance of an order of evacuation. The Mayor of Port Arthur or the Mayor's designee shall be responsible for communicating Port Arthur's intent to implement this Agreement. Port Arthur will provide Walker County with timely notice of the number of buses and individuals being transported and the estimated time of arrival. The Mayor of Port Arthur and the County Judge of Walker County shall develop and agree upon procedures by which employees and officials of Port Arthur and of Walker County will communicate, coordinate and implement the actions and responsibilities relating to the performance of this Agreement. The parties agree to conduct an annual evaluation of said procedures and amend same as necessary to achieve more efficient and effective performance of this Agreement. In the event that extraordinary or major modifications to the terms of this Agreement are necessary during the performance of this Agreement, direct communications shall be undertaken between the County Judge of Walker County and the Mayor of Port Arthur, or their designees to establish the modifications. IV. TERM OF AGREEMENT: This Agreement shall annually renew unless terminated as provided herein. Either party to this Agreement may terminate this Agreement at any time by providing written notice of termination to the other party at least sixty (60) days in advance of the effective date of termination. V. LIABILITY; NO WAIVER OF IMMUNITY: To the extent authorized by the Constitution and laws of the State of Texas, the parties agree that each shall be responsible for its own actions and those of its members pursuant to and within the scope of this Agreement and any amendment hereto. It is expressly understood and agreed by the parties that neither shall be held liable for the actions of the other party or any of the other party's members while in any manner furnishing services hereunder. Each party to this Agreement expressly waives all claims against the other party for compensation for any loss, damage, personal injury, or death that occurs as a consequence of the performance of this Agreement and that is not due to the negligence, fraud, illegal conduct or tortuous conduct of the other party. Each party to this Agreement agrees to maintain insurance, either by carrier or self-insurance, upon its equipment and vehicles utilized under this Agreement to cover maximum liability of the parte under the Texas Tort Claims Act. It is expressly understood and agreed that under this Agreement neither party waives, nor shall it be deemed to waive,any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. VI. MUTUAL AGREEMENTS: Entire Agreement. This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof, and all prior discussions, representations, proposals, offers, and oral or written communications of any nature are entirely superseded hereby and extinguished by the execution of this Agreement. No modification or waiver of any right under or provision of this Agreement will be effective unless it is evidenced in writing executed by an authorized representative of each party to this Agreement. Severability. The phrases, clauses, sentences, paragraphs, and sections of this Agreement are severable and, if any phrases, clauses, sentences, paragraphs, or sections of this Agreement should be declared invalid by the final decree or judgment of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases,clauses,sentences,paragraphs, or sections of this Agreement. State Law and Venue Determination. Without regard to any rules on conflicts of law, this Agreement shall be subject to and governed under the laws of the State of Texas. The parties agree that venue for purposes of any and all lawsuits, causes of action, arbitrations, or other disputes arising from this Agreement shall be in Walker County, Texas. Paragraph Headings. The captions,numbering sequences,titles,paragraph headings,punctuation, and organization used in this Agreement are for convenience only and shall in no way define, limit, or describe the scope or intent of this Agreement or any part of it. Understanding, Fair Construction. By execution of this Agreement, the parties acknowledge that they have read and understand each provision, term, and obligation contained in this Agreement. This Agreement, although drawn by one party, shall be construed fairly and reasonably and not more strictly against the drafting party than the non-drafting party. No Third-Party Beneficiaries. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than Walker County and the City of Port Arthur, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Walker County and the City of Port Arthur and not for the benefit of any other party. Counterparts. This Agreement and any related documents and any amendments hereto or thereto may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. Survival. Upon the expiration or termination of this Agreement for any reason, the obligations of the parties hereunder shall thereupon cease, but the provisions of this Agreement which confer rights upon either party and which limit or delineate the responsibility of either party shall remain in effect as to the parties' conduct prior to expiration or termination of this Agreement. Misspelled Words. Misspelling of one or more words in this Agreement shall not void this Agreement. Such misspelled words shall be read so as to have the meaning apparently intended by the parties. Notice. Any notice required to be given hereunder shall be in writing and delivered to the addresses and titles set forth below by certified mail (return receipt requested), a recorded delivery service, or by other means of delivery requiring a signed receipt. All notices shall be effective upon signed receipt. The addresses provided herein may be changed at any time on prior written notice. Walker County: Danny Pierce County Judge 1100 University Ave.,Room 204 Huntsville,TX 77340 Port Arthur: Derrick F. Freeman Mayor 444 4th Street Port Arthur, TX 77641 Assignment. Neither party may assign this Agreement without prior written consent of the other party. This Agreement shall be administered by the appropriate persons,on behalf of Walker County and the City of Port Arthur, as appointed by Walker County and the City of Port Arthur, respectively, to perform such duties. Each party paying for the performance of governmental functions or services under this Agreement agrees that it will make those payments from current revenues available to the paying party and represents that there are sufficient current revenues to make such payments. The parties mutually agree to seek Federal Emergency Management Agency (FEMA) and State direct reimbursement for the transportation and shelter operations. THE PARTIES UNDERSTAND THAT THE AGREEMENTS MADE HEREIN WILL BE UNDERTAKEN DURING A TIME OF GRAVE PUBLIC EMERGENCY, THAT THE PARTIES' OBLIGATIONS ARE EXPRESSLY SUBJECT TO ALL ORDERS ISSUED BY LAWFUL AUTHORITY, THAT VEHICLES AND SHELTERS MAY BE DIVERTED OR DELAYED DEPENDING ON THE CONDITIONS AT THE TIME, AND THAT THE PARTIES CAN ONLY AGREE TO USE THEIR BEST EFFORTS TO FULFILL THIS AGREEMENT. The UNDERSIGNED PARTIES do hereby certify that, (1) the responsibilities specified above are property within the statutory functions and programs of the parties to this Agreement, (2) the parties hereto are legally authorized to perform the required duties of this Agreement, (3) this Agreement has been duly authorized by the governing body of the local government, and (4) the person signing this Agreement has full authority to execute this Agreement on behalf of the party that he or she represents and bind said party in accordance with the terms and provisions hereof. IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement the date last written below. Passed and approved by the Walker County Commissioners Court this day of , 2018. Danny Pierce County Judge Walker County, Texas ATTEST: Passed and approved by the City of Port Arthur City Council this day of , 2018. Derrick F. Freeman Mayor City of Port Arthur, Texas