Res 057-99 6/1/1999RESOLUTION NO.
RESOLUTION TO AUTHORIZE THE CITY MANAGER AND
FIRE CHIEF TO EXECUTE A MUTUAL AID AGREEMENT
BETWEEN THE CITY OF WICHITA FALLS FIRE
DEPARTMENT AND THE SHEPPARD AIR FORCE BASE
FIRE DEPARTMENT; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, it is to the advantage of the City of Wichita Falls and to Sheppard Air
Force Base to have a Mutual Aid Agreement for fire protection; and,
WHEREAS, a Mutual Aid Agreement for fire protection currently exists between
the City of Wichita Falls Fire Department and Sheppard Air Force Base; and,
WHEREAS, a recent change in Air Force regulations has necessitated a revision
to the Mutual Aid Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager and Fire Chief are hereby authorized to execute
an Agreement for Mutual Aid in Fire Protection between the City of Wichita Falls and
Sheppard Air Force Base.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 1s`day of June, 1999.
ATTEST:
AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS
MATERIALS INCIDENT RESPONSE (US)
This agreement, entered into this day of , 1999, between the Secretary of
the Air Force acting pursuant to the authority of 42 U.S.C. 1856 (a) and the City of
Wichita Falls, Texas is securing to each the benefits of mutual aid in fire prevention and
hazardous materials incident response, in the protection of life and property from fire,
hazardous materials incident and in fire fighting. It is agreed that:
a. On request to a representative of the Sheppard AFB Fire Department by a
representative of the City of Wichita Falls Fire Department, firefighting equipment and
personnel of the Sheppard AFB Fire Department will be dispatched to any point within
the area for which the City of Wichita Falls Fire Department normally provides fire
protection or hazardous materials incident response as designated by the representatives
of the City of Wichita Falls Fire Department.
b. On request to a representative of the City of Wichita Falls Fire Department by
a representative of the Sheppard AFB Fire Department, firefighting equipment or
hazardous materials incident response and personnel of the City of Wichita Falls Fire
Department will be dispatched to any point within the firefighting or hazardous materials
incident response jurisdiction of the Sheppard AFB Fire Department as designated by the
representative of the Sheppard AFB Fire Department.
c. Any dispatch of equipment and personnel pursuant to this agreement is subject
to the following conditions:
(1). Any request for aid hereunder shall include a statement of the amount
and type of equipment and 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
the number of personnel to be furnished shall be determined by a representative of the
responding organization.
(2). The responding organization shall report to the officer in charge of
the requesting organization at the location to which the equipment is dispatched, and shall
be subject to the orders of that official.
(3). A responding organization shall be released by the requesting
organization when the services of the responding organization are no longer required or
when the responding organization is needed within the area for which it normally
provides fire protection.
(4). In the event of a crash of aircraft owned or operated by the United
States or military aircraft of any foreign nation within the area for which the City of
Wichita Falls Fire Department normally provides fire protection, the chief of the
Sheppard AFB Fire Department or his or her representative may assume full command on
arrival at the scene of the crash.
d. The City of Wichita Falls Fire Department m?;• o aim reimbursement for the
direct expenses and losses that are additional fire fighting or hazardous materials incident
costs above the normal operating costs incurred while fighting a fire or hazardous
materials incident response under this agreement as provided in 44 C.F.R., Part 151,
Reimbursement for Cost of Firefighting on Federal Property.
e. Each party waives all claims against every other party for compensation for
any loss, damage, or personal injury, or death occurring as a consequence of the
performance of this agreement. This provision does not waive any right of
reimbursement pursuant to paragraph d above.
f. All equipment used by the City of Wichita Falls Fire Department in carrying
out this agreement will, at the time of action hereunder, be owned by it; and all personnel
acting for the City of Wichita Falls Fire Department under this agreement will, at the
time of such action, be a member of the City of Wichita Falls, Texas, Fire Department.
RELEASE OF CLAIMS AND INDEMNIFICATION CLAUSE FOR CIVIL AIRPORT
JOINT -USE AGREEMENTS
The City of Wichita Falls, Texas agrees to release, acquit, and forever discharge the
United States, its officers, agents, and employees, for all liability arising out of or
connected with the use of the United States equipment or personnel fort fire control,
crash and rescue activities at or in the vicinity of Wichita Falls Municipal Airport, and the
City of Wichita Falls further agrees to indemnify, defend, and hold harmless the United
States, its officers, agents, and employees against any and all claims, of whatever
description, arising out of or connected with such use of United States equipment or
personnel. The agreements contained in the preceding sentence do not extend to claims
arising out of or connected with services rendered solely for the protection of United
States property or personnel, or to claims for damages caused solely by the negligence or
willful misconduct of its officers, agents, or employees of the United States, without
contributory fault on the part of any person, firm, or corporation; provided, however, that
insofar as this paragraph may be inconsistent with the waiver or claims provisions
contained in any reciprocal agreement for mutual aid in furnishing fire protection
heretofore or hereafter entered into by the lessor with any agency of the United States
pursuant to Public Law 84 -46 (42 U.S.C. 1856, et seq.), the rights and obligations of the
parties shall be governed by said waiver of claims provisions and not by this paragraph.
Approved by the parties this day of
For the City of Wichita Fall.- Fire Department
FIRE CHIEF
CITY MANAGER
CITY ATTORNERY APPROVED AS TO FORM
CITY CLERK
1999.
For the Secretary of the Air Force
SHARLA J. COOK
Brigadier General, USAF
Commander