Res 135-89 8/15/1989RESOLUTION NO. 13 J "
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT BY AND BETWEEN THE CITIES OF ARCHER CITY,
BURKBURNETT, HENRIETTA, IOWA PARK, HOLLIDAY, ELECTRA
AND WICHITA FALLS, TEXAS FOR AN AGREEMENT FOR MUTUAL
AID IN DISASTER ASSISTANCE
WHEREAS, the current Mutual Aid Contract between the above
listed Cities is for assistance for fires only and the need
exists to extend this mutual aid for other disasters, such as
flooding, tornadoes, etc. ; and
WHEREAS, the current Mutual Aid Contract is over twenty
years old and in need of updating; and
WHEREAS, a method of cost recovery for certain expendable
items when responding to hazardous materials incidents is
necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
That the City Manager is authorized to enter into a
contract by and between the Cities of Archer City, Burkburnett,
Henrietta, Iowa Park, Holliday, Electra and Wichita Falls,
Texas for an agreement for mutual aid in disaster assistance.
PASSED AND APPROVED this the 15th day of August, 1989.
M A Y O R
ATTEST:
tipid,- ( - ,--)11(0ibt<,/.7)
Ci y Clerk
AGREEMENT FOR MUTUAL AID IN V
DISASTER ASSISTANCE
( THE STATE OF -TEXAS
� COUNT/ OF WICHITA
THIS AGREEMENT entered into this _ � day of
bv and between the Cities of Archer City,
Burkburnett , Henrietta, Towa Park , Holliday , Electra and
Wichita Palls, all of which are Texas municipal
corporations, each acting herein through their duly
authorized officials .
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�
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WITNESSETH:
WHEREAS the governing officials of the governmental
entities set forth above , political subdivisions of the
State 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 paint within the
geographical limits of the requesting entity designates'
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
progress, or upon the occurrence of a situation
reasonably requiring more equipment or per•sonnE..4 than
can be provided by the requesting entity, and that when
such condition exists, the Chief of the Fire
Department , or his designee, of the requested entity
shall determine the advisability of sending or
maintaining fire fighting equipment or personnel beyond
the geographical limits of the requested entity and tha
judgment of the Fire Chief, or his designee , sh;.11
final .
,, 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 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 of the
representative of the responding entity.
b . The responding entity shall report to the officer
in charge of the requesting entity ' s forces at the
location to which the equipment is dispatched and
assist in fire suppression, or other activity .a`
needed .
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 responding entity ' s
forces determines ■ at his sole discretion, that
further assistance snou.ld not be provided .
3. Each entity waives all claims against other entities
for compensation for any loss, da;mage, personal injury,
or death occurring .as a -onsequence of the performance
of this Agreement . Provided , however , that this waiver
shall not apply in those cases in which the 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 Statutes, Art , 4413 (3Ec ) , Sec . 4(g ) , and
as it may be amended in the future.:
4. A responding entity shall not be reimbursed by the
requesting entity for costs incurred pursuant to this
Agreement , except as stated in item 5 below, 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 .:arid rights for the
performance of such duties, including injury or death
benefits, and Worker ' s Compensation benefits, as though
the service had been -endered within the limits of the
entity where he or she i. : regularly employed .
*
Mol CCIVF'r , all wage and payments, e.:copt fcr
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 , except as
stated in Item 5 below.
When the release of a hazardous material requires the
on—site response by the Wichita Falls Fire Department
Haardous 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
• E. Chemical neutralizers
3. Chemical resistant suits , gloves and boots
4. Chemical containment drums and booms
5. Vapor suppression foams
b . Chemical detection devices
b. 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 fire fighters of the Fire Department
of the responding entity or member of an organized
Volunteer Fire Department rendering firefighting
services to the responding entity.
7. At all 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 shall be deemed
to be employed or used , as the case may be, in the full
line and cause of duty of the responding entity ' s Fire
Department . Further , such equipment and personnel such
be deemed to be engaged in a governmental function of
its governmental entity .
d. 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 snail 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 .
•
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 . It is further agreed that
additional governmental entities may become parties,
and existing parties may be removed as parties, upon
the affirmation vote of a majority of the governing
bodies of the 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, a - unenforceability shall be
construed as if such invalid , illegal , or unenforce. ble
, provision had never been contained herein.
13. 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.
14 . This Agreement is made for each respective Fire
Department as mutual aid agreements pursuant to Article
6889-7 of the Revised Civil Statutes of Texas , commonly
referred to as the Disaster Act of 1975; and for the
purpose of Article 6228f of the Revised Civil Statutes
of Texas, and 42 USCA Section 3796, et seq .
15. 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.
lb. Effective date of this Agreement shall be on the I
day of Seftembeg , 1710 at 12:01 o ' clock a.m.
a
EXECUTED by the cities of Archer City, Burkburnett ,
Henrietta, Iowa Park , Halliday , Electra and Wichita Falls,
each respective governmental entity acting by and through
its Ci'cy - 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:
(Name of Government Entity)
rkit&A--)
(Signature nd Title of Person
Executing Agreement )
DATED: ----- 21 � tJ ._ Ltg .
f
EXECUTED by the cities of Archer City, Burkburnett ,
Henrietta, Iowa Park , Hc'lliday , Electra and Wichita Falls,
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 .
-`;f HE: .
1r1 Lry 0 IL) anr pedic .
AT ST
0II
TTAI (Name of Government Entity)
45 ' )-/Z.3114----) _
/17J3 y0/2,
(Signature and Title of Person
r Executing Agreement )
DATED: ---7-/-- I -- -
EXECUTED by the cities of Archer City , Bi.ir kburnet t ,
Henrietta, Iowa Park , Holliday , Electra and Wichita Falls ,
each respective governmental entity acting by and through
its Ci cy" 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:
QiITI OF ARCHE2 Cvc4i7i.,?(As
(Name of Government Entity)
(Signature and Title of Person
Executing Agreement )
DATED: AL1-
(O ._I `_ag----
r
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EXECUTED by the cities of Archer City, Burkburnett ,
Henrietta, Iowa Park , Hc-il 1 id•- y , Electra and Wichita Falls,
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 hereinoelow
specified .
ATTEST:
LIT`i OF ELL-CiRv I E11/4/15
(Name of Government Entity)
MAY0 IL
(Signature and Title of Person
Executing Agreement )
DATED: a L1_ Th I`1 s2
EXECUTED by the cities of Archer City, Burkburnett ,
Henrietta, Iowa Park ., Holliday , Electra and Wichita Falls,
each respective governmental entity acting by and through
its Ci'cy Manger or other di'ly authorized official in the
manner required by each respective City ' s Charter , or
otherwise as required by law, on the date hereinbelc'w
specified .
ATTEST: /�
C/ t Of Earkkurne77
(Name of Government Entity)
//e4( 4,Pv'-'
41 i,A'...-,
(Signa ire and Title of Person
Executing Agreement )
DATED: /_7_V Vic_/ o_r_
EXECUTED by the cities of Archer City , Burkburnett ,
Henrietta, Iowa Park , Hol l id-:y , Electra and Wichita Falls ,
each respective governmental entity acting by and through
its Ci'cy - 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 hereindelow
specified .
ATTEST:
City of Holliday
of Ciover me) t Entity )
Jd/da_ _4/
Carla Ezzell, C y Secretary Grady Graves,M or
(:signature and Title of Person
Executing Agreement )
DI TED: July 17, 1989--_---_--__--_-__.__