Loading...
Res 131-94 8/16/1994RESOLUTION HO. II '(l`I- RESOLUTION TO AUTHORIZE THE CITY MANAGER AND FIRE CHIEF TO EXECUTE A MUTUAL AID AGREEMENT BETWEEN THE CITY OF WICHITA FALLS FIRE DEPARMENT AND THE SHEPPARD AIR FORCE BASE FIRE DEPARTMENT 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: 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. PASSED AND APPROVED this the-16t da _of'Au• • = 994 7: e 4°!' M A Y" 0 R ATTEST: Oldi7o )Ch CITY CLERK Page 2 of 5 Pages Agenda Item No. t' 4_S DEPARTMENT OF THE AIR FORCE AIR EDUCATION AND TRAINING COMMAND w/---'7.-.'1'flte==- )iv) rC4s:::''').:--- i,U1 P'` V v. J AUG ' ,J V,l MEMORANDUM FOR Fire Chief Ronnie E. James Wichita Falls Fire Department 1005 Bluff Street Wichita Falls TX 76301 FROM: 82 CES/CEF 1024 K AVENUE SHEPPARD AFB TX 76311-2365 SUBJECT: Renewal of Mutual Aid Agreement 1. It is again time to evaluate and renew our departments Mutual Aid Agreement. We would like to continue the excellent working arrangement the two departments have had over the years by ensuring this agreement is extended. 2. Recently the existing Air Force Regulations that directs the Mutual Aid Agreement,has been rewritten to include requirements for Hazardous Material Emergency Response and at Joint Use Airports we are required to insert a Release of Claims and Indemnification Clause. Other than this addition,it virtually remains the same,and will ensure continued support during emergency operations. 3. If you have any questions,or need additional clarification,please feel free to contact me at 817-676-5738. Sincerely 4I 6/7. LLIAM F. BENNYHOFF, GS- ,DAF Base Fire Chief Page 3 of 5 Page Agenda Item No . AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS MATERIALS INCIDENT RESPONSE(US) This agreement,entered into this of 1994,between the Secretary of the(Air Force) acting pursuant to the authority of 42 U.S.C. 1856(a)and Wichita Falls,TX Fire Department 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 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 Wichita Falls,TX Fire Department,fire fighting equipment and personnel of the Sheppard AFB Fire Department will be dispatched to any point within the area for which the Wichita Falls,TX Fire Department normally provides fire protection or hazardous materials incident response as designated by the representatives of the Wichita Falls,TX Fire Department. b. On request to a representative of the Wichita Falls,TX Fire Department by a representative of the Sheppard AFB Fire Department,fire fighting equipment or hazardous materials incident response and personnel of the Wichita Falls,TX Fire Department will be dispatched to any point within the fire fighting 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 Wichita Falls,TX 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. Wichita Falls,TX Fire Department may claim 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. e. Each party waives all claims against every other party for compensation for any loss,damage, 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. Page 4 of 5 Pages Agenda Item No . f. All equipment used by Wichita Falls,TX Fire Department in carrying out this agreement will,at the time of action hereunder,be owned by it;and all personnel acting for Wichita Falls,TX Fire Department under this agreement will,at the time of such action,be an employee or volunteer member of the Wichita Falls,TX Fire Department. RELEASE OF CLAIMS AND INDEMNIFICATION CLAUSE FOR CIVIL AIRPORT JOINT-USE AGREEMENTS City of Wichita Falls,TX agrees to release,acquit,and forever discharge the Unites States,its officers, in out of or connected with the use of United States equipmentagents,and employees for all liability arising o l r in the vicinity of Municipal Airport,andhandrescueactivitiesatorpa or personnel for fire control,crash, tY City of Wichita Falls,TX further agrees to indemnify,defend,and hold harmless the United States,if 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 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 provision and not by this paragraph. For the City of Wichita Falls,TX Fire Department For the Secretary of the Air Force Fire Chief COMMANDER City Manager City Attorney Approved As To Form City urart Attest Page 5 of 5 Pages Agenda Item No .