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Res 031-93 2/16/1993RESOLUTION NO. .;) 14(1-- ‘13 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WICHITA COUNTY FOR A REGIONAL RESPONSE FROM THE WICHITA FALLS FIRE DEPARTMENT HAZARDOUS MATERIALS RESPONSE TEAM WHEREAS, the Wichita Falls Fire Department has the only Hazardous Materials Response Team in this region trained and equipped to the Haz-Mat Technician Level; and, WHEREAS, the entire region is at risk for the accidental release of a hazardous material in jurisdictions without these trained personnel; and WHEREAS, this contract will afford a level of protection to the lives and property of the citizens of Wichita County, without a financial burden on the taxpayers of the City of Wichita Falls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to enter into a contract with Wichita County for a regional response to a hazardous materials emergency from the Wichita Falls Fire Department. PASSED AND APPROVED this th- y of -br = 1993 M A Y O R ATTEST: J-412324-' CITY CLERK Page 2 of 9 Pages Agenda Item No. AGREEMENT FOR A REGIONAL HAZARDOUS MATERIAL RESPONSE TEAK FROM TEE WICHITA FALLS FIRE DEPARTMENT This agreement entered into this the // day of Promo 1993 , by and between the City of Wichita Falls and the County of Wichita, both of which are governmental entities in the State of Texas, each acting herein through their duly authorized officials; WITNESSETH: WHEREAS, the governing officials of the governmental entities set forth above desire to secure for each entity the benefits of an agreement for a Regional Hazardous Material Response Team from the Wichita Falls Fire Department in the protection of life and property from the dangers of an uncontrolled release of a hazardous substance. NOW, THEREFORE, it is agreed as follows: 1. That upon the request of the County Judge, County Emergency Management Coordinator, or any of the four County Commissioners of an entity which is a party hereto, the Wichita Falls Fire Department may be dispatched, during an emergency condition, to any point within the geographical limits of the requesting entity designated by the County Judge, County Emergency Management Coordinator or any of the four County Commissioners 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 there is the release or potential release of a hazardous substance as determined by the Fire Chief of Wichita Falls or his designee. This determination shall be based upon, but not limited to, any substance designated as a hazardous substance by the Administrator of the EPA pursuant to the Comprehensive Environmental Response. Compensation and Liability Act: regulated pursuant to Section 311 of the Federal Water Pollution Control Act, or designated by the Texas Water Commission, and that when such condition exists, the Chief of the Wichita Falls Fire Department, or his designee, shall determine the advisability of sending or maintaining firefighting equipment or personnel beyond the geographical limits of the City of Wichita Falls and the judgment 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 any known information regarding the hazardous material, action being taken, location to which the equipment and personnel are to be dispatched, direction of approach, and any other pertinent information for responding companies. The amount and type of equipment and number of personnel to be furnished, if any, shall be at the sole discretion of the Fire Chief of Wichita Falls or his designee. b. The officer from the Wichita Falls Fire Department Hazardous Materials Response Team shall report to the person in charge of the requesting entity emergency forces at the location to which the equipment is dispatched. c. The Wichita Falls Fire Department Hazardous Materials Response Team shall be released by the requesting entity when the services of the Wichita Falls Fire Department are no longer required or when the Officer in charge of the Wichita Falls Fire Department Hazardous Materials Response Team determines, at his sole discretion, that further assistance should not be provided. 3 . Each entity to whom the City of Wichita Falls Fire Department may provide emergency response services as provided herein shall indemnify and hold harmless the City of Wichita Falls, its officials and employees, against any claims, demands, costs, expenses, or causes of action that may be asserted against the City, its officials or employees, arising from the furnishing, manner of furnishing, or failure to furnish the services specified in this agreement. 4 . The Wichita Falls Fire Department shall not be reimbursed by the requesting entity for costs incurred pursuant to this agreement, except as stated in Item 5 below. Personnel of the Wichita Falls Fire Department who are assigned, designated or ordered by the Fire Chief, or his designee, 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 Worker's Compensation benefits, as though the service had been rendered within the city limits of Wichita Falls. Moreover, all wage and disability payments, except for those payments the requesting entity is required to pay under the Interlocal Cooperation Act, pension payments, and medical expenses shall be paid by the City of Wichita Falls except as stated in Item 5 below. 5. When the release of a hazardous material requires the on-site response by the Wichita Falls Fire Department Hazardous Materials Response Team, all reasonable costs associated with the specialized response equipment used and materials expended during the response shall be borne by the requesting entity at which the release occurred. The cost shall include, but not be limited to, the following: 1. Chemical absorbent or absorbent materials 2 . Chemical neutralizers 3 . Chemical resistant suits, gloves and boots 4 . Chemical containment drums and booms 5. Vapor suppression foams 6. Chemical detection devices 7. Response personnel's wages 8. Apparatus fuel 9. Food and lodging 10. Costs required to call back off-duty personnel to provide fire protection for the City of Wichita Falls as the result of this agreement. Such costs shall include wages, FICA, and pension contributions paid by the City. 6. All equipment used by the Wichita Falls 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 Wichita Falls Fire Department under this agreement will, during the time response services are required, be paid firefighters of the City of Wichita Falls. 7. At all times while equipment and personnel of the Wichita Falls 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 Wichita Falls Fire Department. Further, such equipment and personnel shall be deemed to be engaged in a governmental function of the City of Wichita Falls. 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 Wichita Falls Fire Department and had occurred within the jurisdiction of the City of Wichita Falls. The benefits described in this paragraph shall be supplied by the City of Wichita Falls. 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. 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 contract 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 Wichita 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 be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 13 . 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 Wichita Falls, Texas, which is hereby designated as the repository for executed agreements. 14. Effective date of this agreement shall be the date and year first above written, at 12:01 o'clock a.m. EXECUTED by the City of Wichita Falls and the County of Wichita, each respective governmental entity acting by and through its duly authorized official in the manner required by law, on the date herein specified. ity of Wichita . - -, Texas By: ,sf ,_ mil, 17 :er na, City ATTEST: City t erk Wichita County, Texas s By: Ai Imo., Nick Gipson, o ty Judge ATTEST: dift)- Iffif(-) Co ssioners' Court Clerk 1