RESOLUTION NO. 2016-09204C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUNCANVILLE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF DESOTO, TEXAS, ("DESOTO"), THE CITY OF DUNCANVILLE, TEXAS, ("DUNCANVILLE"), THE CITY OF CEDAR HILL, TEXAS, ("CEDAR HILL"), AND THE CITY OF LANCASTER, TEXAS, ("LANCASTER"), FOR SERVICES RELATED TO SHARED REGIONAL EMERGENCY MANAGEMENT OPERATIONS COORDINATOR POSITION; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Participating Cities desire to enter into an Interlocal Cooperation Agreement to provide for the use of a Regional Emergency Management Operations Coordinator to coordinate and manage an emergency preparedness program and regional disaster resource assistance plan; and WHEREAS, Chapter 791 of the Texas Government Code provides authorization for local governments to contract with one another to provide governmental functions and services; and WHEREAS, it is mutually advantageous for the Participating Cities to enter into the Interlocal Cooperation agreement, and authorizing the Mayor to execute said Agreement. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUNCANVILLE, TEXAS: Section 1: That the City Council of the City of Duncanville, Texas hereby approves, and accepts the terms of the Interlocal Agreement by and between Participating Cities for the Interlocal Agreement relating to the Regional Emergency Management Operations Coordinator, which is attached hereto and incorporated herein by reference as Exhibit "A"; and, the Mayor is hereby authorized to execute said Agreement. Section 2: That should any part of this Resolution be held to be invalid for any reason, the remainder shall not be affected hereby, and such remaining positions are hereby declared to be severable. Section 3: That this Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide.
DULY RESOLVED AND ADOPTED by the City Council of the City of Duncanville, Texas, on the 20th day of September, 2016. CITY OF DUNCANVILLE, TEXAS APPROVED:
STATE OF TEXAS COUNTY OF DALLAS EXHIBIT "A" INTERLOCAL COOPERATION AGREEMENT FOR REGIONAL EMERGENCY MANAGEMENT OPERATIONS COORDINATOR This Agreement is made and entered into by and among the City of DeSoto, Texas, ("DeSoto"), the City of Duncanville, Texas, ("Duncanville"), the City of Cedar Hill, Texas ("Cedar Hill") and the City of Lancaster, Texas ("Lancaster") (hereinafter collectively referred to as the "Participating Cities") acting by and through their authorized officers. WHEREAS, the Participating Cities desire to enter into an Interlocal Cooperation Agreement to provide for the use of a Regional Emergency Management Operations Coordinator to coordinate and manage an emergency preparedness program and regional disaster resource assistance plan; and WHEREAS, Chapter 791 of the Texas Government Code provides authorization for local governments to contract with one another to provide governmental functions and services; and WHEREAS, it is mutually advantageous for the Participating Cities to enter into this. Agreement. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth and for other valuable considerations the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: ARTICLEI PURPOSE The purpose of this Agreement is to provide for the hiring, supervision, duties, discipline and compensation of a person to be employed as the Regional Emergency Management Operations Coordinator in accordance with the terms and provisions hereof. ARTICLE II TERM 2.1 This Agreement shall be for a term of one (1) year beginning on the last date of execution (the "Effective Date"). This Agreement shall automatically renew for successive periods of one (1) year under the terms and conditions stated herein, unless superseded by another agreement or terminated as provided herein. 2.2 A Participating City may terminate its participation in this Agreement by providing thirty (30) days prior written notice after the City of Duncanville provides the budget - 1-77443
estimate on April 1st to the Participating Cities, to provide adequate time for participating cities to budget for Emergency Management-related costs for the next budget year. The written notice of intent to terminate shall be delivered to the City Managers of the Participating Cities by certified mail, return receipt requested, or hand delivery, with a copy to the Fire Chief of the City of Duncanville. Termination by one or more parties to this Agreement does not affect the Agreement as it applies to the remaining parties, and shall continue to apply to the remaining parties until terminated by the those parties. Notwithstanding, the financial obligation of the te1minating Participating City shall continue until the expiration of the then-current fiscal year. ARTICLE III REGIONAL EMERGENCY MANAGEMENT OPERATIONS COORDINATOR 3.1 General. A qualified person shall be retained, hired and employed to serve under the direction and supervision of the Fire Chief of the City of Duncanville to serve as the Regional Emergency Management Operations Coordinator (REMOC) for all Participating Cities. The Fire Chief shall have the authority to hire, supervise, direct, evaluate, discipline, discharge and terminate the REMOC. The REMOC shall be an employee of the City of Duncanville and shall be bound by Duncanville' s personnel policies, manuals and directives, but in no event shall the REMOC be regarded, treated or considered to be a classified employee of the civil service system of Duncanville or any other Participating City. 3.2 Services. The REMOC shall perform the duties and functions as stated in the job description attached hereto and, by this reference, incorporated herein as if fully set forth. 3.3 Salary and Benefits. The person serving as REMOC is entitled to the same wage, salary, pension, and other compensation and rights, including injury or death benefits, as other comparable employees of the City of Duncanville. The REMOC is also entitled to payment for any reasonable expenses incurred for travel, food, or lodging while on duty outside the limits of the territory of the Participating Cities, including expenses related to the REMOC's participation in approved emergency-preparedness training programs. 3.4 Cost of Services. The City of Duncanville shall pay to the REMOC all wages, benefits, and travel, food, and lodging expenses. Each of the Participating Cities shall reimburse the City of Duncanville for a proportionate share of the costs and expenses incurred by Duncanville in remitting compensation to the REMOC. The specific base salary shall be established by the Fire Chief of the City of Duncanville based on the applicant's training, qualifications, experience and abilities. Duncanville shall submit an invoice or statement to each Participating City on a quarterly basis, which invoice or statement shall identify the costs and expenses incurred by and on behalf of the REMOC and paid by Duncanville, and each Participating City shall reimburse Duncanville its proportionate share of the cost and expenses incurred by the City of Duncanville in remitting compensation to the REMOC, including salary, benefits,' office supplies, postage, dues/subscriptions, copier, training, travel, emergency preparedness, computer/technology, vehicle-related expenses, cellular and wireless internet connectivity. Each Participating City's proportionate share shall be remitted to Duncanville within thirty (30) days following receipt of the invoice or statement. As used herein, each quarter shall be a successive, consecutive three-month period commencing o_n October 1st annually. The -2-77443
City of Duncanville agrees to submit to the Participating Cities its expected budget amount for the REMOC expenses no later than April I st annually. ARTICLE IV MISCELLANEOUS 4.1 Assignment. This Agreement may not be assigned by any party hereto without the prior written unanimous consent of the other parties. No assignment, delegation of duties or subcontract under this Agreement shall be effective without the prior written unanimous consent of all parties hereto. 4.2 Governing Law. The validity of this Agreement and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action arising as a result of this Agreement shall be in the state court of proper jurisdiction of Dallas County, Texas. 4.3 Legal Construction. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained in this Agreement. 4.4 Amendment. This Agreement may be amended by the mutually written agreement of the Participating Cities. 4.5 Entire Agreement. This Agreement represents the entire Agreement among the parties respected by subject matter covered by this Agreement. 4.6 Additional of Members. Additional municipal entities may join this Agreement as a Participating City if the addition is approved then by the existing Participating Cities. If approval is given, the municipal entity shall join the Participating Cities by adopting and executing this Agreement. In the event of such an addition, the proportionate share of expenses will be appropriate amended on a pro rata basis, dependent upon when the New Participating City approved the Agreement. See Section 3.4 Costs for Services for a detailed list of Emergency Management-related costs to include vehicle-related expenses. 4.7 Force Majeure. In the event that any party shall be prevented from performing any of its obligations under this Agreement by any act of God, war, right, civil commotion, strikes, fires, flood or by the occurrence of any other event beyond the control of such party, then such party shall be excused from the performance of the obligations in this Agreement but only during such periods of Force Majeure. 4.8 Current Revenues. All costs or expenses incurred by any Participating City as result of this Agreement shall be paid from the current revenues available to the Participating City. - 3-77443
4.9 Recitals. The recitals of this Agreement are incorporated herein. 4.10 Notice. Any notice required to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, or by hand delivery to the party at the address set forth below: City Manager City of DeSoto 211 E. Pleasant Run Road Suite A DeSoto, Texas 75115-3939 City Manager City of Duncanville 203 East Wheatland Road P.O. Box 380280 Duncanville, Texas 75138-0280 with copy to: Fire Chief Duncanville Fire Department 203 East Wheatland Road P.O. Box 380280 Duncanville, Texas 75138 City Manager City of Cedar Hill 285 Uptown Blvd., Bldg 100 Cedar Hill, Texas 75104 City Manager City of Lancaster P.O. Box 940 Lancaster, Texas 75146 4.1 Effective Date. This Agreement shall become effective as of the last date of execution hereof EXECUTED this day CITY OF DESOTO, TEXAS MAYOR -4-77443
CITY OF DUNCANVILLE, TEXAS By: 4ouu1 cf.~ AYOR - 5-77443
EXECUTED this /6 day EXECUTED this _8th day of A_ugu._..._st, 2016. - 6-77443
RESOLUTION NO. 2016-08-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF DESOTO, TEXAS, ("DESOTO"), THE CITY OF DUNCANVILLE, TEXAS, ("DUNCANVILLE"), THE CITY OF CEDAR HILL, TEXAS ("CEDAR HILL") AND THE CITY OF LANCASTER, TEXAS ("LANCASTER"), WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A", FOR SERVICES RELATED TO SHARED REGIONAL EMERGENCY MANAGEMENT OPERATIONS COORDINATOR POSITION; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DA TE. WHEREAS, the Participating Cities desire to enter into an lnterlocal Cooperation Agreement to provide for the use of a Regional Emergency Management Operations Coordinator to coordinate and manage an emergency preparedness program and regional disaster resource assistance plan; and WHEREAS, Chapter 791 of the Texas Government Code provides authorization for local go"vernments to contract with one another to provide governmental functions and services; and WHEREAS, it is mutually advantageous for the Participating Cities to enter into the lnterlocal Corporation agreement, which is attached hereto and incorporated herein as Exhibit "A", and authorizing the City Manager to execute said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. The City Council hereby authorizes, approves and accepts the terms and conditions of the lnterlocal Agreement by and between Participating Cities for the lnterlocal agreement relating to the Regional Emergency Management Operations Coordinator, which is attached hereto and incorporated herein by reference as Exhibit "A"; and, the Mayor is hereby authorized to execute said Agreement. SECTION 2. That should any part of this resolution be held to be invalid for any reason, the remainder shall not be affected hereby, and such remaining positions are hereby declared to be severable. SECTION 3. That this resolution shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 8th day of August, 2016. Sorangel 0. Arenas, City Secretary