ML20203P967

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Intervenor Exhibit I-FEMA-E-2,consisting of Forwarding Draft Agreement Re Possible Use of Southwestern Pennsylvania Transportation Authority Buses During Montgomery County Disaster Emergency
ML20203P967
Person / Time
Site: Limerick Constellation icon.png
Issue date: 01/02/1985
From: Fasy R
PENNSYLVANIA, COMMONWEALTH OF
To: Bigelow A
MONTGOMERY COUNTY, PA
References
OL-I-FEMA-E-002, OL-I-FEMA-E-2, NUDOCS 8605080440
Download: ML20203P967 (10)
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Southeastem Pennsylvania .1 Transportaten W September 19, 1984 g g TfEy-841 Chestnut Street

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Mr. A. Lindley Bigelow %j u /~q N /~ -

Coordinator, Montgomery County Office of Emergency Preparedness 100 Wilson Boulevard Eagleville, PA 19403

Dear Mr. Bigelow:

Attached is an agreement prepared by the SEPTA Legal Department regarding the possible use of SEPTA buses during a Montgomery County disaster emergency.

' Please review this agreement and contact me as to when you will be available for a meeting to discuss any comments you or your county officials might have.

Very truly your

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N anager chard L. ,

ystem Safety D partment TJM/le .

NUCLIAA REGULATORY COMMr$3 ION hht No. 0 . g2 , o /- Cfficial Exh No.

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1 P AGREEMENT This Agreement made this day of , l 1984, by and between the Southeastern Pennsylvania Transportation Authority (" SEPTA") and the Montgomery County Of fice of Emergency 

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Preparedness, 100 Wilson Boulevard, Eagleville, Montgonery County, i Pennsylvania: r RECITALS WH EREAS , the Pennsylvania legislature has enacted the Emergency Management Services Code, 35 Pa. C.S. S57101, et, seq., in order to and minimize the consequences of disaster emergencies; and prevent WHEREAS, pursuant to said Code, the County of Montgomery ("the County") has established the Montgomery County Of fice of Emergency Preparedness ("the Office") with responsibility for disaster emergency management, response, and recovery within Montgomery l l ! County; and i WHEREAS, the Office, pursuant to its task of organizing, preparing and coordinating all locally available manpower, materials, supplies, equipment, facilities and services, has requested that SEPTA provide during a disaster emergency any l available buses from the Authority's Frontier Division bus fleet;  ! l and

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d l i WHEREAS, SEPTA iG G Commonwoelth Eg3ncy and in3trumentality cn l t tion a body corporace and politic, providing bus mass i ithtranspor a limited a 

   -                cervices estralished on a scheduled fixed-route                                                                       d                                                                                  bas s w f                    number of buses in its Frontier Division fleet; an UHEREAS,               in the ordinary course, SEPTA is reimbursed for the and by costs of operating its buses by both f arebox revenue and there is the possibility that bus service costs subsidies,                                                                                                                                               lly covered by incurred by SEPTA under this Agreement will not be fu charge f ares to any individual such subsidies, and SEPTA will not                                                                                    ement; and evacuees riding its buses provided under this Agre itself WHEREAS, SEPTA, by providing any bus services, exposes and Section $7704 of the to the possibility of claims and suits, i

ts employees with immunity from Code appears to provide SEPTA and to offer in an b civil liability for services SEPTA of fe s or attempts but Section $7704 actual disaster emergency, under this Agreement, 

                                                                          ~ of any judicial analysis:

has never been the. subject do ntending to be legally bound, NOW, TH EREFORE , the parties i agents, as hereby agree, by their authorized officers, employees or . follows: and agree that, in the event that the

1. The parties covenant i tr Governor of Pennsylvania shall declare or proclaim a d sas ts of e

emergency including in its geographic scope any part or par ' i f pursuant to such declaration or Montgomery County, and ' f Montg mery proclamation, either the Governor 'or the Commissioners o large numbers of persons County shall determine the need to evac.uat,e I [ s

e. ,,w- -- w ,,_._._-.y_ .ye,, ---y y _,.--n ,_.,.,._y,my- ,,,y,, _ . .___--,wm-,_.t.,_ , , , . . , , ,-e.e .e - - , . - ,,w- , . ,ey,y,,-
         - from thsir rsaidsncan in Montgomary County, ths coordinctor of ths l
      ,/ Montgomery County Office of Emergency PreparednsDa miy notify SEPTA
     /                                                                             in of the Office's need for a specified number of available buses 7           SEPTA's Frontier Division fleet.
2. The parties covenant and agree that, in the event of such notification from the Office's coordinator under the conditions set SEPTA shall immediately determine forth in the preceding paragraph, what Frontier buses, if any, are available, and shall immediately the said number, and the length notify the Of fice 's coordinator of
  • of time for which those buses are available to the Office for use under the terms of this Agreement.

3. The parties covenant and agree that SEPTA exclusively shall determine which buses, if any, are at any time available for the Office for any test or actual disaster emergency. upon

4. The parties covenant and agree that if the Office r notification by SEPTA concerning the number of buses available and the period of their availability determines to make use of any such buses, the Office shall forthwith communicate said determination to SEPTA and the SEPTA, and in the same communication shall direct operator (s) of its bus (es) to his, her or their first destination (s). The Office at all times shall be responsible for and subsequent directing SEPTA's buses and operators to their first destinations. .
5. The parties covenant and agree that the Office shall provide clear and adequately detailed maps to each" SEPTA driver at
m. . . ,s th9 routo cf hio his/her first destination, which map ch211 mark out or her journey from that point.

and agree that the routes which shall 

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6. The parties covenant for each bus shall include be selected and mapped out by the Office include f and properly marked paved roads, and shall not only well-lit turning or will, from experience, routes which would require tignt be subject to excessive traf fic '. delays .

and agree that et least one employee,

7. The parties covenant agent or representative of the Of fice will board each SEPTA bus at the first designated stop of each bus and remain with the bus at At that point, of the evacuees has departed.

least until the last i SEPTA's the SEPTA bus and operator will return to regular serv ce on Frontier Division. 8. The parties covenant and agree that SEPTA and its-for selecting which evacuees at operators shall not be responsible nor what personal belongings any place shall board any SEPTA bus, The Of fice , through its each evacuee might bring upon said buses. shall exclusively (a) own employees, agent.s ,and representatives, select which evacuees and how many evacuees shall board each bus, and y (b) shall select the destination (s) of the evacuees on e bus. the Office The operator of each bus, however, may direct j person on board his or her bus to alter the designeted route or the early departure of any evacuee (s) who schedule so as to permit . the driver, a dange'r, to the bus or i might pose, in the estimation of any other individual (s) on board. 

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l d to h31p cny The operator at no time shall be cxp;ctc percon(s) to board or exit the bus. is and agree that if a SEPTA bus which 9. The parties covenant hich has been provided b31ng used in disaster emergency service and ll bewwithin thirty by SEPTA for only a limited period of time shaits permitted use b (30) minutes of the end of the period. of i the office's the reasonable likelihood of complet ng office without riod, the driver routing of the evacuees on board within thathospital tion, pe or other shall proceed to the nearest police sta panying the bus, location then designated by the Office person accom before proceeding back into and drop off all remaining evacuees, In order to prevent such an regular Frontier Division service. the Of fice will route each bus inconvenience to the evacuees, if any, which SEPTA may impose on according to the time restraints, each bus. and agree that the Office will not

10. The parties covenant in moving evacuees back to their its buses ask SEPTA for the use of initial evacuation process.

but only in the places of residence, and agree that the Office, in.any l

11. The parties covenant t call upon SEPTA (as test or actual disaster emergency, shall no ph 10, inter provided for in paragraph 1 and as limited including by paragraschool bus i

alia) without also calling upon other carr ers, l for the use of their vehicles.

  • j operators and private bus operators, l

and agree that if the Office shall 1

12. The parties covenant .-

the request SEPTA's participation in a test disaster emergency, 4

buses which SEPTA mny provida in cuch a toat, if cny,- chall ba provided at SEPTA's prevailing charter tariff rates, with payment from made in advance by the Of fice or any other party benefitting the purposes of the test. SEPTA shall not participate in any test Moreover, the unless said prepayment has been received by SEPTA. number of any SEPTA buses provided in a test or any actual

  • disaster emergency shall not act as a commitment by SEPTA to provide the same number of buses if any, on subsequent occasions, whether a test or actual disaster emergency.
13. The Of fice covenants and agrees that it and the County shall indemnify SEPTA for any and all sums SEPTA shall become liable l
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to pay as damages (as a result, directly or indirectly, of services . provided under the Code and this Agreement or any other agrelement, whether such services are offered in a test or in an actual disaster emergency) to any person (including also SEPTA employees) as , compensation for: (a) personal injury including death; (b? damage to, or destruction or loss, or loss of use, of property (including real, personal and incorporeal  ; property and interests); (c) expenses paid or incurred by SEPTA.

14. The Office covenants and agrees that it and the County l shall indemnify SEPTA for any and all sums SEPTA shall , incur fo,r any direct and indirect damage to' its vehicles and facilit,ies arising out rof any occurrence or occurrences caused, by or growing out of the use of SEPTA's vehicles or facilities for ' services provided under  :

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this tgreemant or any cubasquant (grocmanto betwcon tho partica,, during any test or actual disaster emergency. In confirmation of the the Of fice's authorization to bind the County in this regard, Office attaches hereto an opinion of the County Solicitor expressing that it has this authority in full..

15. The office, on behalf of itself and the County, agrees not to raise any statutory defense or immunity which. it now possesses, or may possess in the future, against SEPTA in an attempt to defeat or diminish the indemnification provided in paragraphs 13 and 14 of this Agreement.
16. The parties covenant and agree that for purposes of this Agreement, the following definitions shall prevail:

(a) the term " expenses" includes interest accruing a'f ter entry of judgment and all reasonable expenses, including attorneys' fees and court costs, incurred by SEPTA in the investigation, settlement and defense of any claim or suit seeking such damages. (b) " personal injury" inclu.de s , without limitation, bodily injury, mental anguish, shock, sickness.and . I disease, and death resulting therefrom.

17. The parties covenant and agree that the Office shall repay SEPTA for any bus ' service provided by SEPTA during an actual the disaster. emergency declared or proclaimed by the Governor, at rate for such buses set forth in SEPTA's charter tariff prevailing at the time of the disaster. The Of fice shall make, said payment to SEPEA within th!rty (30) days after the expiration of the emergency I
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i' .. or thirty (30) days after the submission of SEPTA's billing to the Office, whichever is later. The Office, in behalf of itself and the County of Montgomery, covenants and agrees that mandamus will lie for SEPTA to compel the Of fice and/or the County to pay the billed amount provided for in this paragraph. Notwithstanding the provisions in this paragraph, SEPTA shall not provide any services i during any test emergency unless and until SEPTA has received cdvance payment therefor in full, as set forth in paragraph 12.

18. The parties covenant and agree that this Agreement shall go into effect immediately. The initial term of this Agreement shall be for a period of five years, and, unless eicher party shall notify the other in writing sixty (60) days before the expiration of the term to the contrary, 'the Agreement shall be automatically reviewed for successive five-year terms. This Agreement shall not be assigned by either party without the written authorization of the other. This Agreement shall not bind any operating successor of SEPTA which shall operate the above-mentioned division of SEPTA's bus fleet (see paragraphs 1 and 2).

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19. The parties covenant and agree that all emergency and non-emergency communications between the parties shall be directed f to the following persons in the Office and in SEPTA, and that each l shall notify the other immediately in writing of any change (s) of the following names, addresses and telephone numbers : j A. Non-Emergency .

{ SEPTA i 9 i 

                                 .                        [To be supplied]                 '

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Montgomary County of fico of Emarcancy Prop 7radnoen [To be supplied] - 4 B. EMERGENCY , SEPTA [To be supplied] i Montgomery County Office of Emeroency Preparedness . [To be supplied] IN WITNESS WHEREOF, the parties by their authorized officers or l agents do hereby set their hand and seal on the above-indicated-i r date: i BY: Montgomery County of fice of  : Emergency Preparedness: ATTEST: i 1 l BY: SOUTHEASTERN PENNSY LVANI A l TRANSPORTATION AUTHORITY  ! ATTEST: Chief Operations Officer / * 

'        Secretary                                                         ,

General Manager Approved as to form: i 1 i t  ; f I 

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