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89-062- City of Southlake, Texas RESOLUTION NO.89-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR MUTAL AID IN DISASTER ASSISTANCE WITH DFW AIRPORT. PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, deems it to be in the best interest, health, and welfare of the citizens to enter into an agreement with Dallas/Fort Worth Airport for disaster assistance; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHAKE, TEXAS, THAT: Section 1. That the City Council hereby approved the agreement between the City of Southlake and Dallas/Fort Worth International Aiport for mutual aid in disaster assistance, in the form attached hereby as Exhibit "A" and authorizes and directs the Mayor to execute and have delivered such agreement to Dallas/Fort Worth International Airport. Section 2. That thi£ Resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED this the __ day of/,,' / ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: CITY OF SOUTHLAKE, TEXAS By: yy Fi-dke s ,/M~d/o r .£ City Attorney City of Southlake, Texas AGREEMENT FOR MUTUAL AID IN DISASTER ASSISTANCE THE STATE OF TEXAS COUNTY OFTarrant THIS AGREEMENT entered into this 7th by and between the City of $OUTHLAKE day of November ~ 1989, which is a Texas municipal corporations and the Dallas/Fort Worth International Airport, each acting herein through their duly authorized officials. WITNESSETH: WHEREAS the governing officials of the governmental entities set forth above, political subdivisions of the 5tale 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 disaster 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 -2- progress~ or upon the occurrence o:[ 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 :[ire department~ or his designee~ of the requested entity shall determine the advisability of sending or maintaining :[ire fighting equipment or personnel beyond the geographical limits of the requested entity and the judgement of the Fire C:hlef~ or his designee~ shall be final. 2. Any dispatch o:[ equipment and personnel pursuant to this Agreement is subject to the following conditions: a. Any request :[or 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 o:[ the representative of the responding entity. b. The responding entity shall report to the officer in charge o:[ the requesting entity's forces at the location to which the equipment is dispatched and assist in fire suppression. 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 resp0ndin§ entit¥'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 o:[ 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 :[or the entity receiving the alarm to dispatch its forces and to render aid at the scene of the emergency until an accurate determinate o:[ jurisdictional -3- 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 e~fect 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 th~ 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 Statues, Art. 4413 (32c), Sec. 4(g), and as it may be amended in the future. 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. ,~oreover, all wage and disability payments, 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. -4- 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 ali 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 shal! be deemed to be employed or used, as the case may be, in the full line and cause of duty ol 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. -~s- 9. [t 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. 10. This Agreement contains all commitments and agreements of the parties hereto and no other ora] or written commitments sha]! 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 contract with each other for fire protection services and it is hereby agreed that this Agreement shall be subordinate to said contracts. ! I. 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 provisions contained in this 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. !3. 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. 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 622~f of the Revised Civil Statutes of Texas, Section 3796, et seq. -6~ in order to fadlitate execution, each party hereto may execute a dupJicate original When executed, each party shah deliver such Agreement to the City of SOUTHLAKE ~ Texas, which is hereby designated as the repository for executed Agreements. i6. Effective date of this Agreement shall be on November 7, 1989, at 9: 00 o'clock. EXECUTED by the Cities of Southlake and Dallas/Fort Worth International Airport, 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 hereinbelow specified. ATTEST: -' CITY OF $OUTHLAKE City Secretary City of Southlake LEGAL CONTENT APPROVED: (Name of Gc>v~rnmentalEn'~}) Mayor Gary Fieke$ LEGAL COUNSEL - D/FW INTERNATIONAL AIRPORT Mayon Gary Fickes Mayor Pro Tam: Betty Springer Councilmembera: Richard W. Wilhelm Pamela A. Muller Sally Hall W. Ralph Evans City Manage~ Curtis F_ Hawk City Secretary: Sandra L LeGrand City of Southlake November 10, 1989 Dallas/Fort Worth International Airport Dear Sirs: Attached please find an executed copy of an agreement for Mutual Aid in Disaster Assistance, along with Resolution 89-62, authorizing the Mayor of Southlake to execute the agreement. When the agreement has been executed by DFW Airport, plese return a completed copy to me, for the city records. If you have any questions, please do not hesitate to contact me. Very truly yours, City of Southlake Sandra L. LeGrand City Secretary SLL/sl enclosures 667 North Carroll Avenue. Southlake, Texas 76092- (81 7)481-5581 City of Southlake, Texas MEMORANDUM November 3, 1989 TO: Curtis E. Hawk, City Manager FROM: Robert P. Steele, Fire Chief SUBJECT: Mutual Aid Agreement with Dallas/Fort Worth International Airport. I would like to recommend that the City Council approve the attached agreement for Mutual Aid in Disaster Assistance between the City of Southlake and Dallas/Fort Worth Tnternational Airport. We have had similiar agreements in the past, however, they have expired. I feel it is a good idea, as we never know when we may be in need of their assistance. Wlth the approval of this agreement, it would relieve South!ake of the liability, should they assist us in an em~rgency situation. If you have any questions, please call me. RPS/sl