Res 119-2000 9/5/2000RESOLUTION NO. I lq- )LOYD
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 LAKESIDE CITY FIRE
DEPARTMENT; FINDING AND 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 Lakeside
City to have a Mutual Aid Agreement for fire protection;
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
Lakeside City.
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 5th day of September 2000.
ATTEST:
City Clerk
AYOR
AGREEMENT BY AND BETWEEN THE CITY OF WICHITA FALLS
AND LAKESIDE CITY FOR MUTUAL AID
IN DISASTER ASSISTANCE
STATE OF TEXAS
COUNTY OF WICHITA
THIS AGREEMENT, entered into this day of , 2000, by
and between the City of Wichita Falls, and Lakeside City, both of which are Texas municipal
corporations, each acting herein through their duly authorized officials.
WITNESSETH:
WHEREAS, the governing officials of the governmental entities set forth above,
political subdivisions of the State of Texas and the United Sates 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 entity which is a party hereto, each entity having fire suppression and
other disaster equipment and personnel, firefighting equipment and personnel of another entity
which is a party hereto may be dispatched, during an emergency condition, to any point within
the geographical limits of the requesting entity designated 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 personnel 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
firefighting equipment or personnel beyond the geographical limits of the requested entity, and
the judgement 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 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 as 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 should not be provided.
3. Each entity waives all claims against other entities for compensation for any loss,
damage, personal injury, or death occurring as a consequence 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, Section 791.006 of the Texas Government Code.
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 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 limits of the entity
where he or she is regularly employed.
Moreover, all wage and disability payments, except for 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.
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 limited to the following:
a. Chemical absorbent or expendable materials.
b. Chemical neutralizers.
c. Chemical resistant suits, gloves and boots.
d. Chemical containment drums and booms.
e. Vapor suppression foams.
f. Chemical detention devices.
6. 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 firefighters 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 shall be deemed to be engaged
in governmental function of its governmental entity.
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 department where
regularly employed and occurred within the jurisdiction of the governmental entity where
regularly employed. The benefits described in this paragraph shall 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 thereto 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 affirmative 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 contracted with each other for fire protection
services, and it is hereby agreed that this Agreement shall be subordinated 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 held
for any reason to be invalid, illegal, or unenforceable in any request, 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 assist each other in the process of mutual aid response planning, each
party hereto shall inform the other party 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 Chapter 418 of the Texas Government Code, commonly
referred to as the Disaster Act of 1975; and for the purpose of Chapter 615 of the
Texas Government Code, and 42 USCA Section 2796, et seq.
15. In order to facilitate execution, each party hereto may execute a duplicate original.
16. The effective date of this Agreement shall be on the day of
2000, at 12:01 o'clock a.m.
EXECUTED by the City of Wichita Falls and Lakeside City, 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 specified above.
Attest:
Lydia Torres, City Clerk
LIN
City of Wichita Falls
James Berzina, City Manager
City of Lakeside City, Texas