Res 041-2021 Interlocal Agreement with MSU for Fire Suppression 04/20/2021 Resolution No. 41-2021
Resolution authorizing the City Manager to enter into an Interlocal
Cooperation Agreement with Midwestern State University for Fire
Suppression activities, Search & Rescue activities, Radiological
Protection activities and Hazardous Materials response, as well as
responses to natural or manmade disasters
WHEREAS, MSU and the City of Wichita Falls are subject to danger and damage
anytime from flooding, tornadoes, high winds, lightning, hazardous material incidents, and
other acts of nature or terrorism; and
WHEREAS, in light of their respective common goals to reduce the loss of lives
and property from natural or man-made emergencies or disasters, MSU and the City
recognize the need to maintain a strong collaboration at a level that ensures efficient use
of all available resources, consistent with the principles of each entity; and
WHEREAS, MSU and the City propose an emergency management Interlocal
Cooperation Agreement to establish a formal working mutual-aid relationship between
the City and MSU in support of emergency management planning, response, and
recovery programs; and
WHEREAS, the interlocal Cooperation Act (Texas Government Code, Chapter
791) authorizes units of local government to contract with one or more units of local
government to perform governmental functions and services; and
WHEREAS, MSU and the City agree to encourage, coordinate, promote, and
support and ongoing relationship between both entities and to hold periodic partnership
meetings to focus on, but not limited to, identifying and assessing an all hazards approach
and associated risks, particularly as they relate to MSU and the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute an Interlocal Cooperation Agreement
with Midwestern State University for Emergency Services.
PASSED AND APPROVED this the 20th day of April, 2021.
e*L.,
MAYOR
ATTEST:
17aLL &
City Clerk
STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF WICHITA §
This Agreement ("Agreement") entered into by and between the City of Wichita Falls,
Texas ("City"), a Texas municipal corporation, and Midwestern State University ("MSU" or
"University"), a coeducational institution of higher education organized under the laws of the
State of Texas and located in Wichita Falls, Wichita County, Texas. City and MSU may be
referred to herein individually each as a"Party" or together as the"Parties."
WHEREAS, Midwestern State University and the City of Wichita Falls are subject to
danger and damage anytime from flooding. tornadoes, high winds, lightning, hazardous material
incidents and other acts of nature or terrorism; and
WHEREAS, the City of Wichita Falls Emergency Management mission is to reduce the
loss of life and property and protect its citizens from all types of hazards through a
comprehensive, risk-based, all-hazards emergency management program of mitigation,
preparedness,response and recovery; and
WHEREAS, the mission of MSU emergency management is to administer a campus-
based comprehensive emergency management program in partnership with MSU academic
departments operating units, staff, administration and its neighboring jurisdictions to safeguard
lives and property; and
WHEREAS, in light of their respective common goals to reduce the loss of life and
property from natural or man-made emergencies or disasters, MSU and the City recognize the
need to maintain a strong collaboration at a level that ensures efficient use of all available
resources, consistent with the principles of each entity; and
WHEREAS, MSU and the City propose this emergency management interlocal
cooperation agreement to establish a formal working mutual-aid relationship between the City
and MSU in support of emergency management planning, response and recovery programs;and
WHEREAS, this Interlocal Cooperation Agreement has been authorized by the
governing bodies of the City and MSU; and
WHEREAS, the Interlocal Cooperation Act (Texas Government Code, Chapter 791)
authorizes units of local government to contract with one or more units of local government to
perform governmental functions and services; and
WHEREAS, MSU and the City agree to encourage, coordinate,promote, and support an
ongoing relationship between both entities and to hold periodic partnership meetings to focus on,
but not limited to, identifying and assessing an all hazards approach and associated risks,
particularly as they relate to MSU and the City; and
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the
parties agree as follows:
Interlocal Cooperation Agreement—Emergency Services Page 1 of 4
1. Term: The term of this Agreement shall be for one (1) year beginning on the last date all.
parties have executed this Agreement ("Effective Date") and shall automatically renew
annually on the anniversary of the Effective Date for additional one (1) year terms unless
either Party gives written notice of termination thirty (30) calendar days prior to the
expiration of the then current term.
2 Services:
A. The Wichita Falls Fire Department (WFFD) assumes primary responsibility for provision
of the following emergency services, to MSU's main campus and properties, in Wichita
Falls, Texas:
a. fire-suppression activities
b. search and rescue activities
c. radiological protection activities; and
d. hazardous material response
B. The Parties agree that WFFD resources will remain under the operational control of the
WFFD; however, the Parties agree to operate in accordance with National Incident
Management System (NIMS) standards and shall establish a unified command, when
appropriate. Appropriately trained and equipped MSU personnel may perform support
roles.
C. To encourage on-going liaison between entities,urging members of both organizations to
develop increasingly effective communications and cooperation.
D. To cooperate in areas of mutual interest relating to emergency management, including
data/information sharing and training opportunities and exercises.
E. Upon the request of either entity during an emergency or disaster, and contingent upon
the other entity's ability to provide such resources, provide full utilization of available
resources that are essential to the safety, care and welfare of those within the impacted
jurisdiction.
F. During an emergency or disaster, provide appropriate personnel and/or expertise to the
requesting entity, as appropriate, and as resources allow, as determined by the chief
executive of each entity, or his or her designee, and the respective emergency
management coordinators.
G. Collaboration in times of disaster or emergency to meet the needs of the respective
jurisdictions.
3. Notice:
All notices required or permitted by this Agreement shall be in writing and be deemed
received when deposited in the United States mail, postage prepaid, addressed to the
following or such other person or address as the Parties may designate in writing or by hand-
delivery or facsimile transmission to the address set forth below:
Interlocal Cooperation Agreement—Emergency Services Page 2 of 4
If intended for the City: City Manager
City of Wichita Falls
1300 7th Street, Wichita Falls, Texas 76301
with copy to: Wichita Falls City Attorney
1100 Street,
Wichita Falls. texas 76301
If intended for \1S1'Pr): Chief of Police
Midwestern State University
3=410 1 utt 131vd.
Wichita Falls, TX 76308
With copy to: General Counsel
Midwestern State University
3410 Taft Blvd.
Wichita Falls, TX 76308
4. Amendment: This Agreement may be amended by the mutual agreement of the Parties in
writing and attached to and incorporated in this Agreement.
S. Laws Governing: The validity of the Agreement and any of its terms or provisions, as well
as the rights and duties of the Parties, shall be governed by the laws of the State of Texas;
and venue for any action concerning this Agreement shall be in Wichita County, Texas.
6. Enforceability: In the event that one or more of the provisions contained in this Agreement
shall, for any reason, be held to be invalid, illegal, or unenforceable, in any respect, such
invalidity, illegality, or unenforceability shall not affect other provisions, and the Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had -never been
contained in it.
7. Headings: Paragraph headings arc for convenience only and are not intended to expand or
restrict the scope or substance of the provisions of this Agreement.
8. No Third Partly Beneficiaries: \othine herein shall he construed to give any rights or
benefits to anyone other than the City and MSC. Failure to comply with any of the
provisions of this Agreement shall not invalidate any action taken pursuant to this Agreement
or grant any rights to any person suspected or charged with a crime.
9. Entire Agreement: This Agreement embodies the complete understanding of the Parties
hereto, superseding all oral or written previous and contemporaneous agreements between
the Parties and relating to the matters in this Agreement.
10. Authorization: By executing this Agreement, each Party represents that they have full
capacity and authority to grant all rights and assume all obligations that they have granted
and assumed under this Agreement, and that this Agreement has been authorized by the
governing body of the respective Party.
11. Counterpart:This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original and constitute one and the same instrument.
Interlocal Cooperation Agreement—Emergency Services Page 3 of 4
IN WITNESS WHEREOF, the Parties hereto, having represented and warranted their authority
to enter into and execute this Agreement, has executed this Agreement effective as of the last
date written below.
CITY OF WICHITA,TEXAS MIDWESTERN STATE UNIVERSITY
Darron Leiker, City Manager Suz e Shipley, Presid t
Date Signed: Date Signed: < S off
ATTEST: APPROVED AS TO FORM:
Marie Balthrop, City Clerk Barry L. ha, General Counsel
Date Signed: Date Signed: 2 `( r{b . 2-0 21
APPROVED AS TO FORM:
Kinley Hegglund, City Attorney
Date Signed:
Interlocal Cooperation Agreement—Emergency Services Page 4 of 4