ORDER NO. 31102 BEXAR COUNTY AGREEMENT FOR CERT TRAILER PERMANENT I_,OAN Came to be heard this the 24th day of November, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve the Bexar County Agreement for CERT trailer permanent loan, and authorize County Judge to sign same. ~,~ 31loa COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Rex Emerson MEETING DATE: November 24, 2008 OFFICE: County Attorney TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to approve Bexar County agreement for CERT trailer permanent loan. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Rex Emerson ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. #31102 ~ -~ STATE OF TEXAS § AGREEMENT FOR LOAN OF § TRAILER PURCHASED WITH COUNTY OF BEXAR § HOMELAND SECURITY FUNDS This Loan Agreement (the "Agreement") is entered into by and between the County of Bexar ("BEXAR") and KERB County Community Emergency Response Team ("KERB COUNTY") (also, individually, a "Party" or, collectively, the "Parties"). RECITALS BEXAR has procured the trailer described below (both individually and collectively, the "Trailer") with Texas Homeland Security funds: 1 Haulmark Transport Trailer, 5' X 8', TSSX8DS2 (White) Single Axle -Single Rear Door with 2 12V Dome Lights -Fold down Jacks - 24" DP Stone Guard - 3/4" Plywood Floor - 14" X 14" Roof Vent,.No Side Door. Accessories include: Bulldog 2 5/16 Coupler, Portable Ramp - 12" wide side w/lip, Tie downs, E Track hooks, Coupler Lock, CERT Graphics, 4 X 3" White Strobes 12V, 14' Etrack, 7-WAY RV Style Plug. Total Trailer Cost with Accessories: $2,884 The purpose of this Agreement is to set out the terms and conditions under which BEXAR will loan the Trailer to KERB COUNTY. ARTICLE I TERM 1.01 The term of this Agreement shall begin when the Agreement is fully executed and terminate five years later, unless terminated earlier pursuant to 1.02 below. 1.02 BEXAR may terminate this Agreement when it is in the best interest of BEXAR to do so. ARTICLE II LICENSE TO USE TRAILER GRANTED 2.01 BEXAR will loan the Trailer to KERB COUNTY for the purpose of furthering the Texas Homeland Security Strategy. In consideration for the loan of the Trailer, KERB COUNTY will: A. Obtain and maintain full insurance coverage for the Trailer, and provide proof of that insurance; B. Maintain the Trailer in good working order; C. Use the Trailer only for purposes permitted under the Alamo Area Community Emergency Response Team (CERT) Guidelines to include CERT and other appropriate homeland security trainings, exercises, approved community events, and CERT activations) by the County Emergency Management Authority; D. Return the Trailer to BEXAR if it is no longer needed; and E. Comply with all terms of this Agreement. ARTICLE III INSPECTION OF TRAILER 4.01 At any reasonable time and as often as BEXAR may deem necessary, KERR COUNTY shall make the Trailer available for inspection by BEXAR or any of its authorized representatives. ARTICLE IV PERFORMANCE REPORTS 5.01 As often and in such form as BEXAR may require, KERB COUNTY shall furnish BEXAR with such performance records as are deemed by BEXAR to be pertinent to matters covered by this Agreement. ARTICLE V OTHER TERMS AND CONDITIONS 6.01 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and contains all of the terms and conditions agreed upon. No other agreement, oral or otherwise, regarding the subject matter of this Agreement shall bind the Parties unless it is in writing, dated subsequent to the date hereof, and duly executed by the Parties. 6.02 Interpretation. In the event any disagreement or dispute should arise between the Parties pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, regulations, laws, codes or ordinances, BEXAR, as the Party responsible for compliance with the requirements of the UASI State Homeland Security Grant, shall have the final authority to render or secure an interpretation. 6.03 Notices. For purposes of this Agreement, all official communications and notices among the Parties shall be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, to the following addresses: KERB COUNTY: Kerrville/Kerr County Office of Emergency Management Mark Beavers Asst. Fire Chief/OEM 87 Coronado, Ste. 200 Kerrville, TX 78028 2 KERB COUNTY: KERB County Judge Kerr County Courthouse 700 Main Street Kerrville, TX 78028 BEXAR: Bexar County Judge Bexar County Courthouse 100 Dolorosa Suite 1.20 San Antonio, TX 78205 And: Bexar County Fire Marshal 203 W. Nueva, Suite 302 San Antonio, TX 78207 Notice of changes of address by either Party must be made in writing delivered to the other party's last known address within five (5) business days of such change. 6.04 Parties Bound. This Agreement shall be binding on and inure to the benefit of the Parties and their respective, administrators, legal representatives, successors and assigns, except as otherwise expressly provided herein. 6.05 Gender. Words of gender used in this Agreement shall be held and construed to include the other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. 6.06 Relationship of Parties. Nothing contained herein shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principle and agent, partners, joint ventures or any other similar such relationship between the Parties. 6.07 Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the Parties created hereunder are performable in Bexar County, Texas. 6.8 Captions. The captions contained in this Agreement are for convenience of reference only, and in no way limit or enlarge the terms and/or conditions of this Agreement. 6.9 Recitals. The Recitals at the beginning of this Agreement are incorporated into the Agreement and shall be binding on the Parties. 3 EXECUTED this the ~_ day of ' Jc;' ,-~66~8~. Zu`~` KERR COUNTY Title: w 1,.--~'~ ~ ~-~_ ATTEST: ATTEST: ,`- ~~ ~ KQ.~.~, By: ~``e~ ~%~' G RARD RICKHOFF `~~ ,~~,. ~ " • • • • ° ~ ~ ~~ //-~ y_p 8- BEXAR Clerk ~; °{~~, ~' °.~ ~~ .. • ~ ... `~ a y • e R • ~ • ~ +~ APPROVED AS TO LEGAL FORM:, m°``~ ~~ ~'.~ SUSAN D. REED °f,~~~ ~,~~~~-fir{` oo~ Criminal Distnct Attorney ~~~ t ~ ~ ~ 1~~~ Bexar BEXAR, Texas ~: KELSEY MZEL Assistant Cri nal District Attorney Civil Section APPROVED AS TO F~NCIAL CONTENT: By: M,,I~Pi~ "SMITH Executive Direct r/Budget Officer Planning & Resource Management Dept. 4 ~C~JIT E~E~E~1` ~EF~Cf~E TE DRAFT STANDARD OPERATING PROCEDURES March 13, 2008 STANDARD OPERATING GUIDELINES Community Emergency Response Team Program Alamo Area BACKGROUND The Community Emergency Response Team (CERT) program is an official emergency preparedness program of the Federal Emergency Management Agency (FEMA). The CERT concept was originally developed and implemented by thr I,i~~ Angeles Fire Department in 1985. The need was recognized following a seri~~ ~~~~earthquakes in both the U.S. and Mexico that left hundreds dead, injured, and ~*iti~out c~nergency services. By 1993, thousands of residents had been trained in the L~ited ~tatcs and Canada. The CERT program nationwide is supported and assisted,l~F1'y1A's ~mcr~ency Management Institute (EMI) in Maryland. ~+' The CERT course benefits anyone who take ~ruates~ tie better prepared to respond to and cope with the aftermath of natural or manm~~t1as~Gj~ rs`~. Groups or organizations receiving CERT training become closer-knit and develb,~3fl~ins to help each other when disaster strikes. CERT training provide people with infor~iiation and experience that are ~.. unavailable anywhere else in most corr~l~un7tirs. Topics surli 4~5 ~~rroduction to disasters, disaster medical care, fire suppression, sr~rr~l~ ~~ rc~clbe. ~ln~i ~ii~s~~ster planning have been shown to be highly beneficial to all that att~~n~i. The United States G e bushes the National Response Plan (NRP) as its official plan of action in r 'e to di ers. The Nati~~nal Response Plan remains in effect until :,. the National Response?' `- ew ecomes eilc~ five on March 22, 2008. Under the NRP each specialty are, such a ~ ° > ~~u1~ ications, animal control, public works, and urban~eatch ~C 7~escue t ay ~~cluirbtmergency support are designated by numbers as Emergenc~r Suhpc~ cti ns (ESFs). For example, Urban Search & Rescue is d~siggated ESF-9. In~suppc~rt o ~ ~'~ational Response Plan, the State Of Texas has publishe 4Comprehensive:Emer ncy Management Plan that details the response from the State Of°~~~as to disas~~r or major emergencies. Similarly, Bexar County and the City of San Ani~nio have i^ lished its Emergency Management Plan. This type of planning results in uhifq 'terminology and consistency from the federal government down to the local le~~el PURPOSE The Alamo Area Community Emergency Response Teams are being designed to be coordinated at local or community levels by a designated CERT Leader or Coordinator. This team leader should be selected by the members of the team and acts as the official liaison between the local CERT and the Bexar County Office of Emergency Management. The point of contact will be the Alamo Regional Citizen Corps Office as well as the Bexar County Sheriffs Office as required at the time by the nature of the disaster /emergency. Bexar County Emergency Management recognizes the need to be able to incorporate and utilize volunteers help when available. Over the past several years, volunteer programs have been on the rise as more and more citizens have stepped forward to fill our nation's call to volunteerism. The Alamo Regional Citizen Corps has taken apro-active stance in this area by training citizens to be part of a Community Emergency Response Team (CERT). Utilizing spontaneous or activated volunteers can supplement manpower and increase overall scene effectiveness. Therefore, the purposes of the CERT Standard Operating Procedures are: 1. To establish guidelines for utilizing CERT Volunteers duringtsar and emergency situations. 2. To establish an understanding of the capabilities and h aii«tof CERT Volunteers. 3. To establish an understanding of the CERT Level sys ' ®. °~ If a CERT does not exist in a particular area, CEP.'T graduates wishing to ~z~aintain their involvement are encouraged to participate asarCohthc n est estabhshe~~a~~t'until such time as a new team is formed in their immediate arc~t.'~ ~~en a new CET is eventually formed in the area, these graduates can pro~~~dc crucial support and direction to its development. PROGRAM RULES AND YOU ARE NOT A POLSrCE OFFI ~~QNS ~1ZEIrZGr ' R OR PARAMEDIC. You are trained to functi~~n as ~~'cxtension o lie emergency management, fire-rescue .< and/or sheriffs departmcn~s~ rc~~pcnse to catast~` 'c disasters when such circumstances exist or when directed by e~~i~rgeiicy cervices icials. .,, 2. YOL ,,~~ ~ RS ' a~~~'ONSII3ILIT1" IS"~TO YOURSELF AND YOUR FAMILY. '~4f~k. S,Y `} r+- Whl~n c~~~" er occurs yot st resnsibility is to ensure your own safety and the safety of your fa~~;You shoul t venture out on your own to start search & rescue operations wn t authori .ion or orders from a team leader. Nor should you begin any action without eam tubers. 3. CONTACT YOU~CERT LEADER OR THE CONTACT AT THE BEXAR COUNTY OFFIC OF EMERGENCY MANAGEMENT. If a disaster occurs such as a hurricane, tornado, plane crash, etc. After ensuring that you and your family are safe, you should assemble with your CERT leader and group for additional instructions and direction. Your CERT leader is your point of contact for the emergency services. Do not attempt to contact the police or fire department directly unless alife-threatening emergency exists. 4. IF YOU CANNOT REACH YOUR CERT LEADER. If unable to contact the CERT leader due to downed phone lines, power off, etc. you should respond to your pre-designated rally point for your CERT. Do this only when you're sure it is safe to do so. Do not leave a place of safety during a storm. 5. BRING ALL OF YOUR ISSUED CERT GEAR. When functioning as a member of a Alamo Area CERT team you should always have your issued CERT equipment with you and display your CERT id~tification card on the outside of your clothing. , - ~ ~~ 6. STAY WITHIN THE SCOPE OF YOUR TRAINI ~ ~ ,;,' ;;, :~, '` . You have been trained under the curriculum of FEl\1~1`s C' munit~° lii~ergency Response Team program. Please confine your acti~iis to those guidehn° ~~d stay within the scope of your training and certification ~~- -`~ ~~ ~~ 7. STAY WITHIN YOUR LIMITATIONS. ~ ~~. You must confine your actions to your as a member of a CERT. Such limitatic equipment available, physical abilities, 8. IN ORDER TO RF111AiN ACTIVE s cal and resource:~mitations when responding °.Udetermincd by;, but not limited to, ~~lcd~~;`lh~~rit~. I~azards, etc. ~ ,<' ;:~ ,~; Any CERT graduate «~ho ~~ fishes io remain act ~~ ill be required to attend ongoing k; ,_ trainings and participate iii lnirric~rre_ or disaste~tlrills and other pertinent events throughout ~ ~ z~ Courses `}~ ill he ~fifer~ed at various times and locations around the Alamo c ~ ZT T'eail~mcmbers-will need to attend and complete a minimum of 61~ r ' ~s of Interme ~Ceu .tu assist at a disaster site CERT members ~, . ~ ~~~, will need to~l~~~e t it ~~1J 1~~ ~~~ I IZI" >~nd will be issued a separate "Rapid Tag" badge ir,~~c~rder to a~css and disaster scene or shelter area. cT ~r rEx sYST ~ l The Alamo Area CERT ~~r~i`~ram consists of three Tiers: One, Two, and Three. Tier One -This designation is given to those citizens that have attended the initial CERT training, and are under 18 years of age, or are over 18 but chose not to be involved as a member of CERT. This level is also known as the "Awareness Level." Citizens at the Awareness Level are given a Certificate of Participation, but are not given a CERT Helmet, Vest, or ID. They are not registered Citizen Corps, CERT, Texas Disaster Volunteer Registry, or the VOAD Volunteer Operations Center Volunteers. Note: This designation will also be given to citizens who attended classes prior to January 20Q6, but either did not respond to the new Tier System, or did respond but chose Tier One. Please note that there may still be those that did not respond but may still have a helmet, vest, and/or outdated ID tag. These individuals are not current members of CERT or volunteers with the Alamo Regional Citizen Corps or any of its affiliates. Tier Two -This designation is given to those citizens that attended the initial CERT training, are over 18 years of age, and have chosen to become a member of CERT. This designation is also known as the "Neighborhood Response Level" as these members may assist, at their own discretion, their neighbors during disasters or emergencies. These members are registered volunteers with the Alamo Regional Citizen Corps and CERT Program. Tier Three -This designation is given to those citizens that atteiie he initial CERT training, are over 18 years of age, and chose to become a mer~~b~~r. of CERT at a more ~ f'. advanced level. These members have chosen to continue t~rk•i~i~~~~~}~anced level training provided through Citizen Corps, CERT, Bexar County <~~~.~;ity ot`~~~r,..Antonio. This designation is also known as the "CERT Rapid Response L~vel" as~t~"`~ members can be contacted via the Bexar County Emergency Man~~gc•ment llispatch Auto=i~~aler to assist their community during a disaster. Tier Three ancnlhers mhj- also assist th~x~n~z~hbors, at their own discretion, during disasters or emergencies. ~Ihes~~~~mbers are rei~tered volunteers with the Alamo Area CERT, Citizen Cores, the Texas Volunteer Disaster Registry, and the VOAD Volunteer (aerations Center. ,~~,. •~~'= ~:- -,< ~•- Definitions ' >~ CERT Member - A men~her ~~f the Alamo ~ea Comrriiity Emergency Response Team. CERT members ha~z~ received basic t ~~ ing from CERT personnel in the areas of disaster preparednu5s. ii re sup}~ression, first aic~lht search and rescue, team building, and the incident nl~u~a~cmenl system., CERT '~ hers at the Tier Two or Tier Three level have under ~~c ~ .,k~~ ~~unc~ ~hcck end hay ~, registered as Volunteers. When activated, they are ~ ~ ~ er the • on ~~f the ~ ~ limo Area CERT Program. / e Em rg -Any situat that occ s suddenly or unexpectedly, and creates an urgent need fora that results a 91 response. Disaster -Any tion idespread destruction, or of a large enough magnitude to overwhelm the cit ty emergency response personnel and their ability to handle the situation in a giv amount of time. This may or may not be an officially declared disaster during the initial response. Spontaneous Volunteer -Any individual who spontaneously provides assistance during a disaster or emergency without any expectation to do so or through any affiliation to a Volunteer Organization. These individuals may or may not possess the training, equipment, or physical or psychological ability to handle the tasks they are undertaking. These volunteers may or may not be members of the Alamo Area CERT Program. Activated Volunteer - A volunteer that has been requested by Emergency Management to assist in an emergency or disaster operation. With CERT, this can only be a current Tier Two or Three members. For Tier Two, this would be a direct verbal request. For Tier Three, this can either be through a direct verbal request or through the use of the Bexar County dispatch system. An activated volunteer must be supervised by the requesting agency. Activated CERT volunteers must adhere to all the standard operating procedures. Utilizing Activated Volunteers An activated CERT member is under the direct supervision of the,~mergency personnel ~,.., Supervisor or designee. They may have been activated through-~-direr verbal request from a Company Officer or his/her designee, or through a rest placed through the Alamo Area CERT Program. '' ~.3~;, Y ~.~~,. ~:, ~.._ . Activated CERT members can be utilized as part of an emegency c ~~°t~ assist with basic scene or supportive functions including , ~ , h ~` ?, `4 ~a:L • Basic first-aid ~ "' s • Triage of victims • Extinguishment of small incipient se fires utilizing makeshift aids or fire extinguishers. (Note: No interior fire i t;is allowed, aiicl CERT members should not be in a position where smoke inhalatiori~c>i l~edt~~~dangers their safety.) • Light Search and Rescue to include cri in~~ l~'rag~i~g, .u~~l removal of patients from ~. ~ danger. °<. • Setting up treatment, r~i»b~i~r similar sec ~ s. • Maintaining accotmtability for fellow CER members • Supervising CEI~'l'-secturs or <~roups. • Any other operation recjuir~~} to remecJy a giv~n~scenario that does not directly endanger the CERT m~it~e~or m~~~~~`~utsi~ic ~~{'his or her scope of practice. Note:#~ny members of Gl-'IZ1~ have slti~lls beyond what is taught through the CERT pro~rair(~.g., physicians aYtd ~~thcr health professionals, heavy equipment operators, etc.). While ~~se skills m~~~;i~a helpful during an emergency or disaster, they are outside ,. of the CERT scope-of-prac,~ice and are not authorized activities as a CERT volunteer. MEMORANDUM OF UNDERSTANDING I understand that by completing the Community Emergency Response Team course I will be taught certain basic skills that are intended to help me render assistance to others only when I deem it safe and necessary for me to do so. I am under no obligation, by virtue of having received this training, to render aid or become involved in any activities that would make me feel uncomfortable or have the potential to cause me physical or emotional injury. I understand that I will receive a "Certificate of Completion" upon ~~~ttending the seven modules of the course; and that if a sponsor has paid my tuitioT~ fc~r lh~ program, that sponsor will be notified of the list of graduates as well as those that were unable to complete the course. ,... « ,,~a~, «,, ~ I hereby acknowledge receipt of Attachment A e1t~e, ~,egal Status cif CERT Participants" and have executed the "Release, H ti llarmless and Indei~i~~cation Agreement." ~, i~, t,~ ~ . . ~c, ~"4 ,Yt~.~y.il.. Signature Printed Name ~° r f I, have completed the Alamo Area Community Emergency Response Team Training Program. I understand that as a member of CERT my role is limited to those actions indicated in response to a bonafide emergency and as specified in my training while attending the Alamo Area CERT program. I understand that I am responsible for all equipmer~~that is issued to me and that the equipment is the property of the Alamo Area CERT l~xogram"nnd~r the direction of ~~, ~.. the Bexar County Office of Emergency Management. i further underst~~.c~'that if I leave the Alamo Area CERT Program that I will be responsible i~~r promptly retui7g all issued equipment clean and in good ~rorking condition, e~cluaing normal and reasonable ~~ ~ ~~ wear. I recognize that as a member of a~ChR=I;~~lo not have the authority, power, or legal rights of action of Texas-certified law enfceui~~ilt of "~ cr~;~~~refighters or paramedics. Finally, I understand= at a~ a"tiiei~ber of CELT, my responsibilities are to myself, my ~~ family, my neighbors and then to t1~~ oundi~community. I will proceed as directed T ~: by my C ~-' ~ t~eai~~~.e =' ~ ~ r C'~ Coordinator and/or the official emergency ma g t representat of Be County. S i nature c~~- Date Printed Name Bexar County CERT Representative ATTACHMENT "A" LEGAL STATUS OF CERT PARTICIPANTS During the CERT training itself and thereafter (when on aself-initiated basis, putting the training into practice during an emergency), participants are deemed to be "volunteers" and not employees or agents of Bexar County, Bexar County Sheriffs Office or any Alamo Area County Emergency Offices, Sheriff's Office or Fire Rescue Department in the Alamo Area. ., As such, volunteers are not entitled to any of the privileges, ?t~ui~unities, or insurance coverage afforded employees of any of the Alamo Area C~~`~iiiles.~;~'hat is to say, volunteers are not covered by or under the counties' W~~rl~ers' Ci~r3~}nsation, Unemployment Compensation, liability coverage, ~r l~~isl~~Umedicalns. Volunteers, however, have certain immunity froth cis it lia 'lity under th~ci~cl+~ Samaritan Act, so long as they are acting within tJ~e sc~~~e ~~i their training official duties during such volunteer services. ~= .; ~~~~- ~: V , >. . p ~._., ', 6• RELEASE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT THIS RELEASE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT is voluntarily given and executed by ,hereinafter referred to as in consideration of Bexar County Office of Emergency Management, Sheriffs Office and Fire-Rescue Departments providing "Community Emergency Response Team" (CERT) Training. In return, hereby releases <~~~rees and promises to hold A, harmless and indemnify Bexar County or surrounding-'Al,a~rrto Area l'~ninties and the ,~` officers, employees, agents or servants from ~~,~t~~ainst ~v and all liabil~ry, claims, ~. ~~E ,.~.. demands, damages, fines, penalties, expenses, fees, ~~t5~~roce~edings, actions and costs y..,... ~, ;~= - of actions, including attorney's fees f~iri:~nd/or appeal ot~~~ny kind or nature arising ':, , <~~;{;~ or growing out of or in any way connectrc{_ ~iir~ctly car iinlir~~cCly, with any act of omission of Bexar Co ~r. ~ the officers, employees, agents, or servants, or arising or ... growing out of or'n ~~ v~i~~ ca •, -ected, directly or indirectly, with or as a result of the CERT training , s at~t~ d ~~h"~ ~-~~K'= a DATED this, day ~ , 2008, at ,Texas. Applicant Signature STATE OF TEXAS, COUNTY OF Typed or Printed Name NOTARY STAMP & SEAL