HomeMy WebLinkAboutResolution - 2004-R0242 - Contract Amendment With South Plains Of Governments Region In Disaster Aid - 05/25/2004Resolution No. 2004-80242
May 25, 2004
Item No. 27
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock to amend a Contract with the
governmental entities within the South Plains of Governments Region to provide mutual
aid in disasters and/or civil emergencies. Said Contract is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council tl:
ATTEST:
Rebbeca Garza, City Secretary
APPROV D AS TO CONTENT:
K Olson
Einergency Management Coordinator
APPROVED AS TO FORM:
Assistant City
as/CityAtt/John/Resolutions/Mutual Aid AgeementAtnendRes
May 13, 2004
9111111
Resolution No. 2004-80242
May 25, 2004
Item No. 27
AMENDMENT TO
MUTUAL AID AGREEMENT FOR REGIONAL COUNCILS OF
GOVERNMENT
STATE OF TEXAS §
This amendment, (the "Amendment"), effective as of the 25th day of May
2004, ("Effective Date"), is by and between the City of Lubbock, ("City"), a Texas municipal
corporation, and the following governmental entities.
Region: South Plains Association of Governments Region
The Counties of Bailey, Cochran, Crosby, Dickens, Floyd, Garza, Hale, Hockley, King, Lamb,
Lubbock, Lynn, Motley, Terry and Yoakum.
The Municipalities of Abernathy, Amherst, Anton, Brownfield, Buffalo Springs, Crosbyton,
Denver City, Dickens, Earth, Edmonson, Floydada, Hale Center, Idalou, Levelland, Littlefield,
Lockney, Lorenzo, Lubbock, Matador, Meadow, Morton, Muleshoe, New Deal, New Home,
O'Donnell, Olton, Opdyke West, Petersburg, Plains, Plainview, Post, Ralls, Ransom Canyon,
Ropesville, Shallowater, Slaton, Smyer, Springlake, Spur, Sudan, Sundown, Tahoka, Wellman,
Whiteface, Wilson, Wolfforth.
WITNESSETH
WHEREAS, the City did enter into a Contract (original Contract) with the named
governmental entities on May 25, 2004 for the provision of emergencies services; and
WHEREAS, the Legislature of the State of Texas subsequently adopted Chapter 421,
Texas Government Code (Homeland Security; and
WHEREAS, the City and the named governmental entities have determined it is to their
mutual benefit and advantage to amend the said Contract as set forth herein; and
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set
forth in this Contract, the City and the named entities hereby agree as follows:
ARTICLE I. ORIGINAL CONTRACT
The Original Contract is incorporated herein by reference as if fully set forth herein.
1
Amendment to Regional Mutual Aid Agreement
ARTICLE II. RECITALS
The Recitals of the Original Contract are hereby amended to read as follows:
RECITALS
The Parties recognize the vulnerability of the people and communities located within the Region to
damage, injury, and loss of life and property resulting from disasters and/or civil emergencies and
recognize that disasters and/or civil 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 disasters and/or civil emergencies as well as
during 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 civil emergency.
The Parties wish to make suitable arrangements for furnishing mutual aid in coping with disasters
and/or civil emergencies and are so authorized and make this Agreement pursuant to Chapter 791,
Texas Government Code (Interlocal Cooperation Act), Chapter 418, Texas Government Code
(Texas Disaster Act of 1975), Chapter 421, Texas Government Code (Homeland Security) and
Executive Order No. RP -12 by the Governor of the State of Texas (April 3, 2002.)
The Parties recognize that a formal agreement for mutual aid would allow for better
coordination of effort, would provide that adequate equipment is available, and would help
ensure that mutual aid is accomplished in the minimum time possible, and thus desire to enter
into an agreement to provide mutual aid.
ARTICLE III.
WAIVER OF CLAIMS AGAINST PARTIES: IMMUNITY RETAINED
Section 8 of the Original Contract is hereby amended to read as follows:
8. Waiver of Claims Against Parties; Immunity Retained.
(a) 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,
employee, or agent of another Party. No Party waives or relinquishes any immunity or defense
on behalf of itself, its officers, employees and agents as a result of the foregoing sentence or its
execution of this Agreement and the performance of the covenants contained herein.
2
Amendment to Regional Mutual Aid Agreement
LOoy - V-9Zq'L
(b) The furnishing state or local agency is not responsible for any civil liability that
arises from the furnishing of a service under this contract.
ARTICLE IV. MISCELLANEOUS
All other provisions contained in the Original Contract shall remain in full force and
effect and are not affected by this Amendment.
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.
CITY OF LUBBOCK
ATTEST:
Rebecca Garza, City Secret
AS TO CONTENT:
Olson, Emergency Management Coordinator
APPROVED AS TO FORM:
ohn M. Knight,; ' sistan ity Attorney
as/Cityatt/John/Contracts/City of Lubbock Mutual Aid Agreement with SPAG-Draft
January 30, 2004
3
Amendment to Regional Mutual Aid Agreement