HomeMy WebLinkAboutResolution No. 88-25 CITY OF THE COLONY, TEXAS
RESOLUTION NO. ~?-~--
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR MUTUAL AID IN DISASTER
ASSISTANCE BETWEEN THE CITY OF THE COLONY AND
OTHER CITIES WITHIN DENTON COUNTY; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section ]_. That the City Manager of the City of The
Colony, Texas is hereby authorized and empowered to execute an
Agreement for Mutual Aid in Disaster Assistance with other cities
within Denton County, listed in the attached agreement, for the
provision of mutual aid in disaster assistance as defined in the
Agreement.
Section 2. That a true and correct copy of the Agreement
is attached hereto and incorporated herein.
Section 3. That this resolution shall take effect
immediately from and after its passage.
PASSED AND APPROVED by the City Council of the City of The
Colony, Texas this 3rd day of October , 1988.
Don A~{i~k,' Mayor
ATTEST:
~¢~,%..:' ........ .~..~2~' .~.....~.~.o~S , C i ty Secretary
'. AGREEMENT FOR MUTUAL AID IN
DISASTER ASSISTANCE
THE STATE OF TEXAS ~
COUNTY OF DENTON ~
this ~
THIS AGREEMENT entered into day of ~~_, 198 ,
by and between .... Argyle, Aubrey, Carrollton, The Colony, Denton,
Double Oak, Flower Mound, Frisco, Highland Village, Justin,
Krum, Lake Cities, Lewisville, Little Elm, Mayhill-Cooper
Creek, Pilot Point, Ponder, Roanoke, Sanger and Trophy Club, ....
all of which are Texas municipal corporations, or duly organized
Volunteer Fire Departments: in Denton County, e'ach acting herein
through their only authorized officials.
W I TN E S S ET H : .~
WHEREAS the governing officials of the. governmental entities
and Volunteer Fire Departments set forth ab6ve, 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 protecti(
of life and prQperty 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, medical emergency and
other disaster equipment and personnel, such fire fighting or'medical
emergency 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 fire fighting equipment, medical emergency equipment
or personnel beyond the geographical limits of the requested entity
and the judgment of the fire chief,'or his designee, shall be f'inal.
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2. Any di~_atch of equipment and personnel pursuant to this
Agreement is subject to the following conditions:'
a. Any request for aid ~ereunder 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 disptached and assist in fire
suppression or other emergency functions.
c.. A responding entity shall b~ 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, in his sole discretion,
that further assistance should not be provided.
d. Only those entities with first response equipment and
personnel can request like aid from other entities.
3. In areas where common jurisdictional boundaries exist,
it is understood that accurate determination of jurisdiction
may not be possible upon receipt of the alarm. In such cases,
it is deemed appropriate and in the best interest of the public
for the entity receiving the alarm to dispatch its forces and
to render aid at the scene of the emergency until an accurate
determinate of jurisdictional responsibility can be made and
· if outside the responding entity's jurisdiction, until the
responding entity is properly relieved by the entity having
jurisdiction. Under the'conditions described fn this paragraph,
the terms and conditions of this contract shall be in effect
just as though a request for mutual aid had been initiated.
4. Each entity waives all claim against other entities for
compensation for any loss, damage, personal injury, or death
occurring as a consequency of the performance of this Agreement.
P~ovided, however, that this waiver shall not apply in those
cases in which the claim results from the failure'of the
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requesting entit~ to accept responsibility .or 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 (32c), Sec. 4(g),
and. as it may be amended in the future.
5~ A responding entity shall not be reimbursed by the
requesting entity for costs incurred pursuant to this Agreement.
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 Workmen'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 the requesting
entity is required to pay under the Inter~ocal 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.
6. Ail 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 firemen 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 entit~'s fire department.
F~rther, such equipment and personnel shall be deemed to-be
engaged in a governmental function of its'governmental entity.
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8. In the eve. that any individual perfu~'ming 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 hereto shall have the right to terminate thfs 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 preceeding sentence, it is understood and agreed that certain
signatory entities may have here%ofore 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 Denton County, Texas.
12. In case one or more of the provisions contained in this
Agreement shall be for_an~ reason held to.be invalid, illegal,
or unenforceable in any respect, such invalidity, illegality, or
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unenforceabil ~ shall not affect any ot[ - provision thereof
and this Agreement 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
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, Section 3796,'et seq.
15. In order to facilitate execution, each party hereto may
execute a duplicate original.
.Effective date of this Agreement shall be on
Executed by the Cities or Volunteer Fire DePartment of
Argyle, Aubrey,'Carrollton, The Colony, Denton, Double Oak,
Flower Mound; Frisco, Highland Village, Justin,
Krum, Lake Cities, Lewisville, Little Elm, Hayhill-Cooper Creek,
Pilot Point, Ponder; Roanoke,'Sanger and Trophy Club, in
Denton'County; each' respective governmental entity or Volunteer
Fire Department acting by and through duly' authorized officials
in the manner required by each respect~-ve entity's charter, or
otherwise as required by' law, on the date herein specified.
(signature of person executing agreement, and title~