HomeMy WebLinkAboutRES 09-314 RESOLUTION NO. 09-314
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an interlocal agreement
with the Beaumont Independent School District, substantially in the form attached hereto
as Exhibit "A," for the purpose of facilitating the evacuation of the medical special needs
population during times of emergency operations.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
October, 2009.
l p'umo
•=«k� �/ - ayor Becky Ames -
�ee���
Interlocal Agreement Between the Beaumont Independent Sch of District and the
City of Beaumont �
This Interlocal Agreement('Agreement')is entered into between th�Beaumont
Independent School District("District"), and the City of Beaumont. ' he District is an
Independent School District organized under Education,Code Chapte 11.The City of
Beaumont is a Local Government organized under the laws of the State of Texas(City of
Beaumont). The ,Interlocal Cooperation Act, Government Code Chapter 791, governs
this Agreement.
I.Purpose
Under a grant from the Department of State Health Services,the City of Beaumont is
required to plan and prepare for a public health emergency which ma�result from natural
or man-made causes. During such an emergency,it may be necessaryI to evacuate a large
number of people in the area served by the District and City of Beaumont. prior
experience with mass evacuations has shown that School Districts are well suited to this
activity because they have the vehicles(school buses)required for to*ss evacuations.
The City of Beaumont has concluded that the District possesses the v�hiicles that are
qualified to evacuate a.large number of people if it's necessary. The District desires to be
as helpful as possible in the event of a public health emergency,and�grees to make its
vehicles(school buses)available for purposes of mass evacuations,under the terms set
out herein. The District and the City of Beaumont have concluded that this contemplated
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EXHIBIT "A"
use of the vehicles is a"governmental function"as defined in the lnt�rloeal Agreement
Act.
H.Public Health Emergency
This agreement will go into effect only if-
The Mayor declares that a mandatory evacuation is necessary as a safety
measure due to a hurricane or other major event that requires evacuation.
HI.Obligations of the City of Beaumont
1) The City of Beaumont will supply or arrange for equipment(installation of air
conditioning)necessary to provide mass evacuations.
2) The City of Beaumont will be responsible for disposal of medical waste and
disinfection of the vehicles(school buses)following its use fdr the emergency. .
3) The City of Beaumont is responsible for the acts and negligenice of its employees
or volunteers,under state and federal law.
Obligations of the District
1) The District is responsible for allowing the use of the vehicles(school buses)
during a mass evacuation.
2) The District is responsible for the acts and negligence of its eiployees or
volunteers, under state and federal law.
Term
This agreement becomes effective when approved by the governing body of the
District and the City of Beaumont. It may be canceled by either party by givb3 g thirty
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days notice to the other party, otherwise it remains in effect for Ave years and may be
renewed by mutual agreement.
Independent Contractor
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The parties acknowledge that the relationship of District and Citjyy of Beaumont is
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that of independent Contractor,and that nothing contained in this agreement shall be
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construed to place District and City of Beaumont in the relations*of principal and
agent,plaster and servant,partners or j oint ventures.
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Governing Law
This Agreement is governed in all respects by the laws and Constlitution of the State
of Texas.
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City of Beaumont Beaumont l ndependent School
District
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Kyle Hayes, City Manager
Terry Tngr*m, BISD
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