Res 007-85 1/15/1985r
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RESOLUTION NO. 7-85
RESOLUTION APPROVING FIRST AMENDMENT TO AGREEMENT
FOR MUTUAL AID IN FIRE PROTECTION WITH SHEPPARD
AIR FORCE BASE.
WHEREAS , the City of Wichita Falls and the Secretary of the
Air Force executed an agreement for mutual aid in fire protection
dated April 5 , 1983 , and the Air Force has requested that this
agreement be amended to include a release of claims and indemnifi-
cation clause.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS , TEXAS , THAT:
That certain first amendment to agreement for mutual aid in
fire protection, a copy of which is attached hereto, is hereby
approved, and the Mayor, City Manager, Fire Chief and Director of
Traffic and Transportation are authorized to execute the same for
the City of Wichita Falls .
PASSED AND APPROVED this the 15th day of January, 1985 .
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FIRST AMENDMENT TO AGREEMENT
FOR MUTUAL AID IN FIRE PROTECTION
This agreement made and entered into this the day
of 1985, between the Secretary of the
Air Force , acting pursuant to ...the authority of 42 U.S .C. 1856a,
and the City of Wichita Falls , Texas,
WITNESSETH:
WHEREAS, the Secretary of the Air Force and Wichita Falls
Fire Department entered into an agreement for mutual aid in fire
protection dated April 5 , 1983 , and the parties desire to execute
a first amendment to such agreement.
NOW, THEREFORE, the parties hereto do hereby mutually agree
that such agreement for mutual aid in fire protection dated
April 5 , 1983 , is hereby amended by adding to it two additional
paragraphs, which read as follows:
f. The City of Wichita Falls agrees to release, acquit,
and forever discharge the United States, its officers, agents and
employees from all liability arising out of or connected with the
use of United States equipment or personnel for 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 officers,
agents or employees of the United States, without contributory
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fault on the part of any person, firm or corporation; provided,
however, that insofar as this paragraph may be inconsistent with
the waiver of claims provisions contained in any reciprocal
agreement for mutual aid in furnishing fire protection heretofore
or hereafter entered into by the City of Wichita Falls with any
agency of the United States pursuant to P L 84-46 (42 U. S .C.
Section 1856 et seq. ) , the rights and obligations of the parties
shall be governed by said waiver of claims provision and not by
this paragraph.
g . The United States agrees to release, acquit and forever
discharge the City of Wichita Falls, its officers, agents and
employees from all liability arising out of or connected with the
use of City of Wichita Falls equipment or personnel for fire
control, crash and rescue activities at or in the vicinity of
Sheppard Air Force Base, and the United States further agrees to
indemnify, defend and hold harmless the City of Wichita Falls,
its officers, agents and employees against any and all claims,
of whatever description, arising out of or connected with such
use of City of Wichita Falls equipment or personnel. The agree-
ments contained in the preceding sentence to not extend to claims
arising out of or connected with services rendered solely for the
protection of City of Wichita Falls property or personnel or to
claims for damages caused solely by the negligence or willful
misconduct of officers, agents or employees of the City of Wichita
Falls, 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 of claims provisions contained
in any reciprocal agreement for mutual aid in furnishing fire
protection heretofore or hereafter entered into by the City of
Wichita Falls with any agency of the United States pursuant to
P L 84-46 (42 U.S .C. Section 1856 et seq. ) , the rights and obliga-
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tions of the parties shall be governed by said waiver of claims
provisions and not by this paragraph. "
FOR THE CITY OF WICHITA FALLS : FOR THE SECRETARY OF THE AIR
FORCE :
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O. r'GD . Co.k, Mayor Commander, Sheppard Air Force
Base, Texas
James Berzina, City Manager Base Fire Chief, Sheppard
Air Force Base, Texas
Adf •
L ALF ' _!it
o• . Jam" , Fire Chief
Robert Parker, Director of
Traffic and Transportation
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