1988-076CITY OF SOUTHLAKE, TEXAS
RESOLUTION 88— 76
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS
APPROVING AND AUTHORIZING THE CITY MANAGER OR
OTHER DULY AUTHORIZED OFFICIAL TO ENTER INTO A
MUTUAL AID AGREEMENT WITH THE CITY OF TROPHY CLUB
FIRE DEPARTMENT. DECLARING AN EFFECTIVE DATE.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. That the City Council hereby approved the Mutual Aid
Agreement in the form attached hereto as Exhibit "A" and authorized
and directs the City Manager or other duly authorized official to
execute and deliver such agreement to the City of Trophy Club on
behalf of the city.
Section 2. That this Resolution shall be in full force and effect
from and after its passage.
PASSED AND I
ATTEST:
4,&/
Sandra L. Le
AGREEMENT FOR MUTUAL AID
THE STATE OF TEXAS
COUNTY OF TARRANT
THIS AGREEMENT entered into this day of ,
1988, by and between the Cities of Southlake and Trophy Club all of
which are Texas municipal corporations; each acting herein through
their duly authorized officials.
WITNESSETH:
WHEREAS the governing officials of the governmental entities set
forth above, political subdivisions of the State of Texas and the
United States of America, desire to secure for each such entity the
benefits of mutual aid in the protection of life and property from
fire and other disasters;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. That upon the request of the Fire Chief or his designee, or
the Fire Alarm Operator/Dispatcher of an entity which is a party
hereto, each entity having fire suppression and other equipment and
personnel, fire fighting equipment and personnel of another entity
which is a party hereto may be dispatched, during an emergency
condition, to any point within the geographical limits of the
requesting entity designated by the Fire Chief, or his designee, or
Fire Alarm Operator of the requesting entity, subject to the
conditions hereinafter stated.
It is hereby Agreed that an emergency condition shall exist
within the geographical limits of a requesting entity at a time when
one or more fires are in progress, or upon the occurrence of a
situation reasonably requiring more equipment or personnel than can
be provided by the requesting entity, and that when such condition
exists, the Chief of the fire department, or his designee, of the
requested entity shall determine the advisability of sending or
maintaining fire fighting equipment or personnel beyond the
geographical limits of the requested entity and the judgement of the
Fire Chief, or his designee, shall be final.
2. Any dispatch of equipment and personnel pursuant to this
Agreement is subject to the following conditions:
a. Any request for aid hereunder shall include a
statement of the amount and type of equipment and number of
personnel requested, and shall specify the location to which the
equipment and personnel are to be dispatched, but the amount and
type of equipment and number of personnel to be furnished, if
any, shall be at the sole discretion of the representative of
the responding entity.
b. The responding entity shall report to the officer in
charge of the requesting entity's forces at the location to
which the equipment is dispatched and assist in fire suppression
or other emergency activities. If there is no officer present
from the requesting enitity at the emergency scene, the senior
officer of the responding enitity shall be in charge at the
scene until properly relieved by an officer of the requesting
entity.
C. A responding entity shall be released by the
requesting entity when the services of the responding entity are
no longer required or when the officer in charge of the
responding entity's forces determines, in his sole discretion,
that further assistance should not be provided.
3. In areas where common jurisdictional boundaries exist, it
is understood that accurate determination of jurisdiction may not be
possible upon receipt of the alarm. In such cases, it is deemed
appropriate and in the best interest of the public for the entity
receiving the alarm to dispatch its forces and to render aid at the
scene of the emergency until an accurate determinate of
jurisdictional responsibility can be made and if outside the
responding entity's jurisdiction, until the responding entity is
properly relieved by the entity having jurisdiction. Under the
conditions described in this paragraph, the terms and conditions of
this contract shall be in effect just as though a request for mutual
aid had been initiated.
4. Each entity waives all claim against other entities for
compensation for any loss, damage, personal injury, or death
occurring as a consequence of the performance of this Agreement.
Provided, however, that this waiver shall not apply in those cases in
which the claim results from the failure of the requesting entity to
accept responsibility for any civil liability for which the
requesting entity is responsible as determined and required by the
Interlocal Cooperation Act, Vernon's Texas Civil Statutes, Art. 4413
32c), Sec. 4(g), and as it may be amended in the future.
5. A responding entity shall not be reimbursed by the
requesting entity for costs incurred pursuant to this Agreement
except for chemicals). Personnel who are assigned, designated or
ordered by their governing body to perform duties, pursuant to this
Agreement, shall receive the same wage, salary, pension, and all
other compensation and rights for the performance of such duties,
including injury or death benefits, and Workmen's Compensation
benefits, as though the service had been rendered within the limits
of the entity where he or she is regularly employed. Moreover, all
wage and disability payment, except for those payments the requesting
entity is required to pay under the Interlocal Cooperation Act cited
above, pension payments, damage to equipment and clothing, medical
expenses, and expenses of travel, food, and lodging shall be paid by
the entity in which the employee in question is regularly employed.
6. All equipment used by the responding entity's fire
department in carrying out this Agreement will, during the time
response services are being performed, be owned by it; and all
personnel acting for the responding entity's fire department under
this Agreement will, during the time response services are required,
be paid firemen of the fire department of the responding entity or
member of an organized volunteer fire department rendering fire
fighting services to the responding entity.
7. At all times while equipment and personnel of any
responding entity's fire department are traveling to,from, or within
the geographical limits of the requesting entity in accordance with
the terms of this Agreement, such personnel and equipment shall be
deemed to be employed or used, as the case may be, in the full line
and cause of duty of the responding entity's fire department.
Further, such equipment and personnel shall be deemed to be engaged
in a governmental function of its governmental entity.
8. In the event that any individual performing duties subject
to this Agreement shall be cited as a defendant party to any state or
federal civil lawsuit, arising out of his or her official acts while
performing duties pursuant to the terms of this Agreement, such
individual shall be entitled to the same benefits that he or she
would be entitled to receive had such civil action arose out of an
official act within the scope of his or her duties as a member of the
department where regularly employed and occurred within the
jurisdiction of the governmental entity where regularly employed.
The benefits described in this paragraph shall be supplied by the
entity where the individual is regularly employed. However, in
situations where the requesting entity may be liable, in whole or in
part, for the payment of damages, then the requesting entity may
intervene in such cause of action to protect its interests.
9. It is agreed by and between the parties hereto that any
party hereto shall have the right to terminate this agreement upon
ninety (90) days written notice to the other parties hereto. It is
further agreed that additional governmental entities may become
parties, and existing parties may be removed as parties, upon the
affirmation vote of a majority of the governing bodies of the parties
hereto.
10. This Agreement contains all commitments and agreements of
the parties hereto and no other oral or written commitments shall
have any force or effect if not contained herein. Notwithstanding
the preceding sentence, it is understood and agreed that certain
signatory entities may have heretofore contracted or hereafter
contracted with each other for fire protection services and it is
hereby agreed that this Agreement shall be subordinate to said
contracts.
11. Each party agrees that if legal action is brought under
this Agreement, exclusive venue shall lie in Northeast Tarrant
County, Texas.
12. In case one or more of the provision contained in the
Agreement shall be for any reason held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and
this, Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
13. In order to assist each other in the process of mutual aid
response planning, each party hereto shall inform the other parties
of all mutual aid agreements which each party has instituted with
other municipalities, entities, counties, or other state agencies.
14. This Agreement is made for each respective fire department
as mutual aid agreements pursuant to Article 6889-7 of the Revised
Civil Statues of Texas, commonly referred to as the Disaster Act of
1975; and for the purpose of Article 6228f of the Revised Civil
Statutes of Texas, Section 3796, et seq.
15. In order to facilitate execution, each party hereto may
execute a duplicate original. When executed, each party shall
deliver such Agreement to the City of Trophy Club, Texas, which is
hereby designated as the repository for executed Agreements.
16. Effective date of this Agreement shall be the day of
1988 at o'clock.
EXECUTED by the Cities of Trophy Club and Southlake, each respective
governmental entity acting by and through its City Manager or other
duly authorized official in the manner required by each respective
City's Charter, or otherwise as required by law, on the date
hereinabove specified.
ATTEST:
Donna Welch, City Secretary
City of Trophy Club
ATTEST:
andra L. LeGra
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
City of Southlake
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City of Trophy Club
Trow Club Fire Department
Ciifv'oi $outhlake
R. P. Steele
Fire Chief