W I T N E S S E T H:
WHEREAS, the Town of Cary, the Town of Chapel Hill, the City of Durham, and the City of Raleigh (collectively called “the Parties”) desire to join together to form a regional Urban Search and Rescue (“USAR”) team to locate, rescue, and care for victims of natural or man-made disasters; and
WHEREAS, the Parties wish to set out a general framework under which to operate the regional team; and
WHEREAS, the Parties believe that an agreement will promote coordination and cooperation between State and local agencies in the event of a disaster; and
WHEREAS, the City of Raleigh has previously entered into an Agreement with the State of North Carolina through which Raleigh is able to purchase essential equipment necessary for an Urban Search and Rescue team and undergo training of certain of its employees in USAR techniques; and
WHEREAS, the City of Raleigh wishes to make this equipment available to municipalities that are members of a regional USAR team and to aid in the training of employees of a regional team in USAR techniques; and
WHEREAS, each of the Parties has already executed the North Carolina Statewide Emergency Management Mutual Aid and Assistance Agreement prepared by the North Department of Crime Control and Public Safety and its Division of Emergency Management.
NOW THEREFORE, the Parties agree as follows:
1. Operation of Triangle USAR team. The Parties shall operate a regional Urban Search and Rescue team (hereafter “Triangle USAR team”) to locate, rescue, and care for victims of natural or man-made disasters. The Parties agree that the Triangle USAR team shall provide support and services necessary for the operation of a Type I urban search and rescue team. The Parties further agree that the Triangle USAR team shall maintain a perpetual state of readiness and shall respond to requests for assistance from any party to this agreement and requests for assistance pursuant to the Statewide Mutual Aid Agreement or to missions assigned by the SERT (State Emergency Response Team) Leader during an emergency or disaster.
2. Lead Agency Designated. The Parties designate the City of Raleigh as the lead agency to coordinate the activities of the Triangle USAR team. In this capacity, Raleigh shall, with input from the Fire Chiefs of each of the Parties, plan, organize, structure, and offer training for the Triangle USAR team. Raleigh shall also deal directly with the State of North Carolina’s Division of Emergency Management in responding to calls for assistance. Raleigh shall also provide for the storage and maintenance of equipment at a location central to the region.
3. Cooperation Among Parties. The Parties’ Fire Chiefs shall meet periodically and shall implement such operational and administrative procedures as they deem necessary to carry this Agreement into effect.
4. Manner of Appointing Necessary Personnel--Staffing of Triangle USAR team. Each of the Parties shall commit personnel to staff the Triangle USAR team, in proportion to the party’s population as listed in the most recent U.S. Census. The Parties shall ensure that each person committed to the team shall have, as minimum Type 1 urban search and rescue training or shall successfully complete in-house training to be provided by Raleigh. Each party shall equip its personnel with all necessary personal protective equipment.
5. Requests for Team Deployment. Requests for team deployment will be in accordance with the North Carolina Urban Search and Rescue Team Type I Grant Agreement or directly by any one of the participating agencies.
If during a particular emergency or disaster, in the opinion of a party’s City or Town Manager or Fire Chief, the municipality cannot fulfill its staffing responsibility under this Agreement without jeopardizing the safety of its residents, then the municipality shall not be required to provide personnel for the Triangle USAR team.
6. Grants. The Parties shall seek out and support grant opportunities and grant applications for the Triangle USAR team for purposes including but not limited to equipment, apparatus and training. The Parties shall utilize the Triangle J Council of Governments to provide administrative support and grant processing for the team.
The Parties agree to abide by and fulfill the terms of the N.C. Urban Search and Rescue Team Type I Grant Agreement entered into by the City of Raleigh and the State of North Carolina, Department of Crime Control and Public Safety, Division of Emergency Management.
7. Financial Commitment to Triangle USAR team.
A. Initial Commitment. For fiscal year 2003-2004, the Parties shall commit a total of $149,500 toward operations and maintenance expenses anticipated or incurred for the Triangle USAR team. The parties shall divide this amount among them and shall pay that portion of the total that their population bears to the combined populations of the Parties, based on the most recent U.S. Census. For 2004, the Parties shall contribute as follows:
|
|
Population |
Percentage |
2003-2004 Financial Commitment |
|
Town of Cary |
104,555 |
15.81 |
$23,636 |
|
Town of Chapel Hill |
52,440 |
7.93 |
$11,855 |
|
City of Durham |
192,681 |
29.13 |
$43,549 |
|
City of Raleigh |
311,744 |
47.13 |
$70,460 |
|
|
|
|
|
The Parties shall pay their contributions in quarterly installments in advance beginning in July 2003. Payments shall be made to the City of Raleigh to compensate it for maintenance and operation expenses associated with the team.
B. Training Expenses. The Parties understand and agree that they will also share the actual cost of materials and equipment used in training classes and training exercises. These costs shall be shared on a per student basis according to the number of students or team members from each party who are being trained.
C. Future Financial Commitments to Triangle USAR team. Prior to November 1 of each year, the Parties’ Fire Chiefs shall meet and shall agree unanimously on the total financial commitment that shall be dedicated to operations and maintenance for the Triangle USAR team. If the Fire Chiefs are unable to agree, then the commitment shall equal the prior year’s commitment. The total shall be divided among the members based on population, as determined by the most recent U.S. Census.
8. Duration of the Agreement. This Agreement shall become effective upon execution by all of the Parties and shall continue in effect until June 30, 2012 and may be extended by amendment..
9. Amendments to Agreement. Any party may request modification of the provisions of this agreement. The Agreement may be modified only by a written amendment, duly executed by each of the Parties.
10. Termination of Agreement. Any party may withdraw from this agreement by providing 90 days advance written notice to each of the Parties. This Agreement shall continue in effect as to the remaining parties.
11. Ownership of Property. Any real and personal property or equipment used or purchased in connection with this agreement shall remain the property of the municipality that made the purchase. Property purchased with grant funding prior to the date of this Agreement shall belong to the grant recipient. In the event this agreement is terminated or expires without renewal by some or all of the parties, the parties shall agree to an equitable distribution of any personal property acquired with grant funding for the USAR team after the date of this agreement, based on the then-existing contribution formula in paragraph 7.
12. Nondiscrimination Agreement. It is specifically agreed as part of the consideration of the signing of this Contract that the parties hereto, their agents, officials, employees, or servants will not discriminate in any manner on the basis of age, handicap, sex, race, color, creed, sexual orientation, or national origin with reference to the subject matter of this Contract, no matter how remote. The parties hereto further agree in all respects to conform with the provisions and intent of the City of Raleigh, North Carolina Ordinance No. 1969-889 as amended (attached). This provision being incorporated for the benefit of the City of Raleigh and its residents may be enforced as set out in said ordinances; enforcement of this provision shall be by action for specific performance, injunctive relief, or other remedy as by law provided. This provision shall be binding on the successors and assigns of the parties hereto with reference to the subject matter of this contract.
City of Raleigh
________________________________ __________________________________
(Signature) (Signature)
City of Raleigh Fire Department City of Raleigh
Fire Chief City Manager
Date:____________________________ ATTEST:__________________________
Raleigh City Clerk
Town of Cary
________________________________________________ ___________________________________________________
(Signature) (Signature)
Cary Fire Department Town of Cary
Fire Chief Town Manager
Date:____________________________ ATTEST:__________________________
Cary Town Clerk
Town of Chapel Hill
________________________________ __________________________________
(Signature) (Signature)
Chapel Hill Fire Department Town of Chapel Hill
Fire Chief Town Manager
Date:___________________________ ATTEST:__________________________
Chapel Hill Town Clerk
City of Durham
________________________________ __________________________________
(Signature) (Signature)
City of Durham Fire Department City of Durham
Fire Chief City Manager
Date:____________________________ ATTEST:__________________________
Durham City Clerk