Item 4G MemoCITY OF
5OUTHLAKE
MEMORANDUM
(February 4, 2020)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Item 4G
Subject: Approve a Mutual Aid Agreement, North Central Texas Public
Works Emergency Response Team.
Action
Requested: Approve a Mutual Aid Agreement, North Central Texas Public
Works Emergency Response Team.
Background
Information: Public Works is embarking on a more aggressive emergency
readiness posture. The goal is to be able to restore core services
as quickly as possible after a natural or manmade disaster. Part of
this effort requires the ability to leverage outside resources to
improve recovery times. Based on lessons learned from several
past natural disasters and large-scale incidents, Public Works
support has been identified as a necessary resource which needed
a more regional approach to coordination. As a result, the North
Central Texas Public Works Emergency Response Team (PWERT)
was created to provide public works assistance when an
emergency or disaster overwhelms local resources especially
within the North Central Texas region. While it was formed by and
for local governments and operates on a voluntary quid pro quo
basis, the team is supported and facilitated by the NCTCOG
Emergency Preparedness Department. PWERT first deployed in
response to resource requests during the April 3, 2012 tornado
outbreak and continues to grow to meet regional needs as
illustrated in the most recent regional response to the December
26th tornadoes affecting Rowlett, Garland, Red Oak, Glenn Heights
and Sunnyvale.
There are currently 62 member cities, list attached. While
jurisdictions sign the mutual aid agreement to join the team, there is
no specific obligation for any jurisdiction to contribute resources.
Further, any dedicated resources may be recalled by the donating
jurisdiction at any point and time. Signing the mutual aid
agreement allows for this discretion by management but it also
offers the protection of payment terms and allowable Operational
Page 1 of 2
Item 4G
Period, which are required to protect the city if reimbursement is
sought for a disaster in the future. Additionally, once a jurisdiction
joins the team, if/when public works resources are necessary to
support a local response, a single call is made to a 24-hour
response line and a team leader or member answers the call and
coordinates the request at the direction of the requesting agency.
Financial
Considerations: None.
Strategic Link: This item links to the City's Strategy Map strategic focus area of
Performance Management & Service Delivery. It specifically relates
to the City's Corporate Objective, B2: Collaborate With Select
Partners To Implement Service Solutions.
Citizen Input/
Board Review: Upon approval by City Council, Southlake Public Works will be a
participating member of the North Central Texas PWERT, utilizing
PWERT resources.
Legal
Review: N/A.
Alternatives: Without approval, the City of Southlake will not be eligible to
request public works assistance with surrounding jurisdictions
without fees during an operational period.
Staff
Recommendation: Approve a Mutual Aid Agreement, North Central Texas Public
Works Emergency Response Team.
Supporting
Documents: Attachment A: North Central Texas Public Works Mutual Aid
Agreement
Staff
Contact: Rob Cohen, Director of Public Works
Kyle D. Hogue, P.E., Deputy Director/City Engineer
Page 2 of 2
This mutual aid agreement ("Agreement") is entered into by, between, and among the
North Central Texas Participating Local Governments and/or Public/Political Sub -Divisions
located wholly or partially within the State of Texas acting by and through their duly authorized
officials. The undersigned Participating Local Governments and any and/or Public/Political Sub -
Divisions of the State of Texas adopting this agreement upon a formal order of their respective
governing bodies as provided therein may be referred to in this Agreement individually as
"Party" and collectively as "Parties." By signing this document, and sending it to the Public
Works Emergency Response Team, at an address maintained by the NCTCOG, the agency
has indicated that it consents to be a party to this emergency mutual aid agreement, and
acknowledges that it is not necessary to receive copies of the agreement from other agencies
that are party to such agreement.
RECITALS
WHEREAS, the Parties recognize the vulnerability of the people and communities
located within local governments and public subdivisions to damage, injury, and loss of life and
property resulting in emergencies, disasters or civil emergencies and recognize that such
incidents may present equipment and personnel requirements beyond the capacity of each
individual (governmental entity) (Party); and
WHEREAS, the governing officials of the Parties desire to secure for each Party the
benefits of Mutual Aid for the protection of life and property in the event of an emergency,
disaster or civil emergency or public works emergency; and
WHEREAS, the Parties that wish to make suitable arrangements to provide Mutual Aid
are so authorized, and make this Agreement pursuant to all governmental power inherent in
home rule and other municipalities and all statutory authority, including, but not limited to, the
Interlocal Cooperaton Act Chapter 791 of the Texas Government Code); the Texas Disaster
Act of 1975 as amended Chapter 418 of the Texas Government Code including the Texas
Statewide Mutual Aid System of the Emergency Management Chapter, set out in Subchapter
E-1 of Texas Government Code, Section 418.111 et seq, and any amendments to that
authority or other authority that may be set out in the constitution of laws of the State of Texas;
WHEREAS, it is understood that the creation of this Agreement and the Texas
Statewide Mutual Aid System (SB11) under Chapter 418 E-1 does not replace or supersede
existing mutual aid agreements or interfere with the ability of municipalities to enter into written
mutual aid agreements in the future. It is understood that if a written agreement is entered into
by governmental entities or municipalities requesting resources, then the terms of that
agreement control the rights and responsibilities of the participating parties to the extent the
agreement provides terms that differ from the Texas Statewide Mutual Aid System.
WHEREAS, it is expressly understood that any mutual aid extended under this
Agreement and the operational plan adopted pursuant thereto, is furnished in accordance with
the "Texas Disaster Act" and other applicable provision of law and except as otherwise provided
by law, that the responsible local official in whose jurisdiction an incident requiring Mutual Aid
has occurred shall remain in charge at such incident including the direction of such personnel
and equipment provided him/her through the operation of such Mutual Aid Plans;
NOW, THEREFORE, the Parties agree as follows:
Section 1: Incorporation: The above whereas provisions and statements are incorporated as
if written word for word below.
Section 2: Purpose: This Agreement is hereby established to provide planning and operating
procedures whereby public works related Agencies may request aid and assistance in the
form of personnel, equipment, materials and/or other associated services from other public
works related agencies. This agreement allows for better coordination of efforts, identifies
available resources and helps ensure that timely aid can be provided.
Section 3: Definitions
A. "Agency" means any municipal public works agency, township road district, county
highway departments, or any Public/Political sub -division that performs a public works
function that abides by the provisions as found in this Agreement.
B. "Administrative Agency" means the entity designated by the Parties to be
responsible for maintaining the documents associated with this Agreement
including distributing Point of Contact and Resource Inventory information.
C. "Assisting Party" or "Responding Party" means the agency or organization which has
received a request to furnish aid and assistance from another Party and has agreed to
provide the same.
D. "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.
E. "Disaster" means the occurrence or imminent threat of widespread or severe damage,
injury, or loss of life or property resulting from any natural or manmade cause, including
but not limited to fire, flood, earthquake, wind, storm, wave action, winter storm,
biological or health hazards, dam or levee break, drought, explosion, riot„ acts of
terrorism and other public calamity requiring emergency action or requiring homeland
security activity (as that term is defined in Chapter 421 of the Texas Government Code
entitled Homeland Security) that is or likely to be, beyond the control of the services
personnel equipment and facilities of a Party that requires assistance under this
Agreement, but must be coordinated through the appropriate local accredited/certified
Emergency Management Agency coordinator.
F. "Emergency" means any occurrence or threat thereof, whether natural or caused by
man, in war or in peace, which results in substantial injury or harm to the population,
or substantial damage to or loss of property.
G. "Homeland security activity" means any activity related to the prevention or discovery
of, response to, or recovery from a terrorist attack, natural or man-made disaster,
hostile military or paramilitary action, or extraordinary law enforcement emergency.
H. "Mutual Aid" means providing resources such as personnel, equipment, services and
supplies. These resources support typical public works missions or tasks such as:
removal of debris, restoration of water/wastewater operations, flood control,
infrastructure system repairs, standby power, and damage assessment.
K
I. "National Incident Management System (NIMS)" means a Presidential directive that
provides a consistent nationwide approach that allows federal, state, local and tribal
governments as well as private sector and nongovernmental organizations to work
together to manage incidents and disasters of all kinds.
J. "Operational Period" shall mean a period of time beginning at the time of the request for
Mutual Aid and lasting no longer than thirty six (36) hours. Typically assistance would be
given in Twelve (12) hour shifts for operational efficiencies. It is the intention of this
mutual aid to be for assistance in the initial response to the emergency and not part of
the long term recovery. If assistance is requested beyond the initial 36 hours, then the
Requesting Party must work with the Responding Party directly and put in place a
mutual agreeable contract and payment for services rendered. It is also understood that
any agency responding under this mutual aid agreement will not receive any
reimbursement for their mutual aid assistance up to the first 36 hours, even if the event
becomes a declared emergency by the President. After the first 36 hours repayment
shall be provided. It is also understood that any agency for any reason may decline to
assist or recall their mutual aid at any time.
K. "Point of Contact" means a person and/or an agency's department/office serving
as the coordinator or focal point of information dealing with public works
emergency response activities.
L. "Public Works Emergency Response Team" (PWERT) means a working group of
Public Works Officials representing their agencies; whose mission is to develop and
maintain a region wide network of public works' related agencies. This teams'
principal purpose is to provide mutual aid response and recovery assistance, to each
other, when confronted with natural or man- made emergencies or disasters. This
Group is designated as the Administrative Agency to manage this Agreement.
M. "Requesting Party" means the agency or organization receiving aid and assistance
from an Assisting Party.
N. Public/Political Sub -Division means a basic level of independent local government or
quasi- government authorized by Section 52 of the Texas Constitution that typically
have a specific or limited purpose including Dallas Fort Worth International Airport, Toll
Authorities, independent school districts, water or wastewater districts and
improvement and economic development districts and exist separately from general
purpose local governments such as county, city or townships.
Section 4: Term
This Agreement shall become effective as to each Party on date of adoption as
indicated on the signature page for each Party and shall continue in force and remaining
binding on each and every Party for twelve (12) months from the effective date. This
Agreement shall renew automatically for a period of one year upon the completion of the initial
term and each subsequent term unless such time as the governing body of a Party terminates
its participation in this Agreement pursuant to Section 5 of this Agreement. Termination of
participation in this Agreement by a Party or Parties shall not affect the continued operation of
this Agreement between and among the remaining Parties
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Section 5: Termination
Any Party may at any time by resolution or notice given to all the other Parties decline to
participate in the provision of Public Works Mutual Aid. The Governing Body of a Party shall, by
Resolution, give notice of termination of participation in this Agreement and submit a copy of
such resolution to the Administrative Agency and all other Parties. Such termination shall
become effective thirty (30) days after filing of such notice. The termination by one or more of
the Parties of its participation in this Agreement shall not affect the operation of this Agreement
as between the other Parties hereto.
Section 6: Responsibility of Parties
Provision of Aid: Each Party recognizes that it may be requested to provide aid and
assistance at a time when it is necessary to provide similar aid and assistance to the Party's
own constituents. This Agreement shall not be construed to impose any unconditional obligation
on any Party to provide aid and assistance. A Party may choose not to render aid and
assistance at any time for any reason, or to recall aid that has been deployed at any time.
Section 7: Request for Assistance: The request for assistance will:
A. Be made only with a Declaration of a state of Local Civil Emergency or
Declaration of Disaster by a Requesting Party pursuant to Section 418.108,
Texas Government Code or after a proclamation of a State of Emergency under
Section 433.001, Texas Government Code,
B. Be made only without a Declaration of a state of Local Civil Emergency or
Declaration of Disaster if the Requesting Party expects to use the resource(s) for
less than one Operational Period or if the declaration of emergency is expected to
be issued during the first Operational Period.
C. Be made by the highest ranking authority of Requesting Party available at the time of
need,
D. Be made to the highest ranking authority of the Responding Party available at the
time of need, and
E. Specify to the greatest extent possible the nature of the problem requiring
assistance and the resources requested.
Section 8: Procedures for Requests and Provision of Mutual Aid: See Attachment
1 Section 9: Cost Limitation
A Requesting Party shall not be required to reimburse a Responding Party for costs
incurred during the first Operational Period as defined in Section 3 of this Agreement. A
Requesting Party shall be required to reimburse a Responding Party for costs incurred
after the first Operational Period.
2
Section 10: Expending Funds:
A Responding Party that performs services or furnishes aid pursuant to this Agreement
shall do so with their own current funds. No Party shall have any liability for the failure to
expend funds to provide aid hereunder.
Section 11: Insurance
A. Worker's Compensation Coverage: Each Party shall be responsible for its own
actions and those of its employees and is responsible for complying with the
Texas Workers' Compensation Act.
B. Automobile Liability Coverage: Each Party shall be responsible for its own
actions and is responsible for complying with the Texas motor vehicle financial
responsibility laws.
C. To the extent permitted by law and without waiving sovereign immunity, each Party
shall be responsible for any and all claims, demands, suits, actions, damages, and
causes of action related to or 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 pursuant to the terms and conditions of this Agreement. Each party
agrees to obtain general liability and public official's liability insurance, if applicable,
or maintain a comparable self-insurance program.
Section 12: Miscellaneous
A. Entirety: This Agreement contains all commitments and agreements of the Parties
with respect to the Mutual Aid to be rendered hereunder during or in connection
with an Emergency, 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 12E
below.
B. Other Mutual Aid Agreements: This Agreement is not intended to replace or conflict
with - local mutual aid agreements for other emergency response needs such as fire
and police or for the other purposes
C. Severability: If a provision contained in this Agreement is held invalid for any
reason, the invalidity does not affect other provision of the Agreement that can be
given effect without the invalid provision, and to this end the provisions of the
Agreement are severable.
D. 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 as part of the Agreement and shall operate to amend this Agreement to the
minimum extent necessary to bring this Agreement into conformity with the
requirement of the limitations, and so modified, this Agreement shall continue in full
force and affect.
E. Amendment: This Agreement may be amended only by the mutual written consent
of the Parties.
F. Governing Law and Venue: The Laws of the State of Texas shall govern this
Agreement. In the event of an Emergency or Disaster physically occurring with the
geographical limits of only one county that is a Party hereto, venue shall lie in the
county in which the Emergency or Disaster occurred. In the event an Emergency or
Disaster physically occurring in more
5
than one county that is a Party thereto, venue shall be determined in accordance
with the Texas Rules of Civil Procedure.
G. Signatories: The PWERT shall be the official repository of original pages of the
Parties to this Agreement and will maintain an up-to-date list of those Parties. Each
Party will retain a copy of their own originally signed document with an additional
individual signature page from their Agency to be filed with the PWERT under this
Agreement. PWERT will maintain contact information from all of the parties and
provide for a means of communication whenever there is a need to call for mutual
aid. This agreement may be signed in multiple copies, and it is only necessary for
the agencies to notify the PWERT and keep them informed of the contact
information.
H. PWERT — the Administrative Agency, managing this agreement, provides for one
membership seat for each participating agency and one alternate seat. The
primary seat should be held by a Public Works Official or designee. The alternate
seat should held by a member of the jurisdiction of the Emergency Management
Division or designee. The jurisdiction is not required to fill the seats, but, it is
strongly recommended, in order to receive information and training for emergency
response.
EXECUTED this day of 12020
Southlake Texas
(Local Jurisdiction)
M
Printed Name:
Title:
R
Attachment
PROCEDURES TO USE FOR THE NORTH
CENTRAL TEXAS
Here are the suggested steps for your agency to follow when using the Agreement. Generally if
the Emergency Operations Center for your city is activated follow the incident command system
and associated communications operations plan to request resources.
1. Requesting Party Steps to Follow:
A. Assess the situation and determine the resources needed.
B. Fill out the REQUESTING PARTY Checklist (Form 1).
C. Locate agencies included in the agreement OR Contact the Public Works Emergency
Response Team (PWERT) standby point of contact for assistance to complete the remaining
steps.
D. Call one or more agencies that may have the resources you need.
E. Fill out a REQUESTING PARTY MUTUAL AID INFORMATION Form (Form 2).
F. Send copy of the form to the RESPONDING PARTY as soon as possible.
2. Responding Party Steps to Follow:
A. Make sure you can fulfill the request before providing an answer. Notes: 1) obtain required
local authority to deploy the resources 2) providing assistance is voluntary and an agency is
not required to fulfill the request if you determine the resources are critical to your operational
needs.
B. Analyze the risk level of the request.
C. Complete the RESPONDING PARTY Checklist (Form 3) with the information
given by the REQUESTING PARTY.
D. Brief your employees and prepare the equipment.
E. Complete the Employee & Equipment Information Form (Form 4). Provide copies
to your responding staff and to the REQUESTING PARTY.
F. Dispatch staff to the REQUESTING PARTY for assistance.
3. Supervision and Control: The responding personnel, equipment and other resources will
be under the operational control of the Requesting Party. These response operations shall be
NIMS compliant as well as organized and functioning within an Incident Command System
(ICS), Unified Control System (UCS). Direct supervision and control of responding party's
resources shall remain with their designated supervisor(s). The designated supervisor(s) shall:
maintain personnel time records, material records and a log of equipment hours and report
work progress to the Requesting Party. The Responding Party's personnel and other resources
remain subject to recall by the Responding Party's authority at any time, subject to reasonable
notice to the Requesting Party.
4. Food, Housing and Self Sufficiency: Unless specifically instructed otherwise, the
Responding Party will have the ability to be self-sufficient as practicable from the time of
arrival to their designated staging area location to the time of their arrival back at the
Responding Party's home department. However, the requesting agency may need to provide
resources for tasks extending normal supplies. For example, if the required tasks require
significant mobile activities and fuel, the Requesting Party should be prepared to augment
their gas/diesel supplies.
5. Communications: Unless specifically instructed otherwise, the Requesting Party shall have the
responsibility for coordinating communications between the personnel of the Responding Party and the
Requesting Party. Responding Party should be prepared to furnish their own internal communications
equipment sufficient to only maintain communications among their respective operating units.