HomeMy WebLinkAboutResolution No. 02-06 ORI$1NAL
CITY OF THE COLONY, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPERATION AGREEMENT AMONG THE CITIES
OF THE COLONY. AUBREY, CARROLLTON, LEWISVILLE, DENTON,
ROANOKE, LITTLE ELM, HIGHLAND VILLAGE, PILOT POINT,
PLANO, SANGER, SOUTHLAKE; THE TOWN OF FLOWER MOUND;
THE VOLUNTEER FIRE DISTRICT OF ARGYLE, THE AUBREY AREA
AMBULANCE SERVICE, INC., THE DOUBLE OAK VOLUNTEER FIRE
DEPARTMENT, THE JUSTIN COMMUNITY VOLUNTEER FIRE
DEPARTMENT, INC., THE KRUM VOLUNTEER FIRE DEPARTMENT,
THE LAKE CITIES FIRE DEPARTMENT, INC., THE MAYHILL-
COOPER CREEK VOLUNTEER FIRE DEPARTMENT, THE PONDER
VOLUNTEER FIRE DEPARTMENT, AND THE TROPHY
CLUB/WESTLAKE DEPARTMENT OF PUBLIC SAFETY FOR THE
PROVISION OF MUTUAL AID IN DENTON COUNTY; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Manager of the City of The Colony, Texas, is hereby
authorized and empowered to execute an Interlocal Cooperation Agreement Among The Cities
Of The Colony. Aubrey, Carrollton, Lewisville, Denton, Roanoke, Little Elm, Highland Village,
Pilot Point, Plano, Sanger, Southlake; The Town Of Flower Mound; The Volunteer Fire District
Of Argyle, The Aubrey Area Ambulance Service, Inc., The Double Oak Volunteer Fire
Department, The Justin Community Volunteer Fire Department, Inc., The Krum Volunteer Fire
Department, The Lake Cities Fire Department, Inc., The Mayhill-Cooper Creek Volunteer Fire
Department, The Ponder Volunteer Fire Department, And The Trophy Club/Westlake
Department Of Public Safety for the provision of Mutual Aid in Denton County as defined in the
Agreement.
Section 2. That a true and correct copy of the Interlocal Cooperation Agreement is
attached hereto and incorporated herein.
Section 3. That this resolution shall take effect immediately from and after its
passage.
,.QD~dASSED A~ID APPROVED by the
of ~~'~,~ 2002. City Council of the City of The Colony, Texas, this.
ay
Patti A. Hicks, TRMC, City Secretary
DENTON COUNTY
AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION,
EMERGENCY MEDICAL SERVICES AND
DISASTER ASSISTANCE
THE STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT is entered into this ~.,, ... - day of
.. -., -~ ,20 :: ._~4
between the Cities of Aubrey, Carrollton, Denton, Flower Mound, Highland Village, Lewisville,
Little Elm, Pilot Point, Piano, Roanoke, Sanger, Southlake, and The Colony (all of which are
Texas municipal corporations), and Argyle Volunteer Fire District, Aubrey Area Ambulance
Service, Inc., Double Oak Volunteer Fire Department, Justin Community Volunteer Fire
Department, Inc., Krum Volunteer Fire Department, Lake Cities Fire Department, Inc., Mayhill-
Cooper Creek Volunteer Fire Department, Ponder Volunteer Fire Department, Trophy
Club/Westlake Department of Public Safety, (each of which is an organized Fire/EMS
Department established within Denton County, Texas).
WITNESSETH:
WHEREAS the governing officials of the governmental entities, political subdivisions
and independently organized fire and emergency medical services departments of the State of
Texas and the United States of America, set forth above, desire to secure for each such entity the
benefits of mutual aid in the protection of life and property fi.om fire and other disasters;
AGREEMENT FOR MUTUAL AID 1
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Upon the request of the Fire Chief/Emergency Management Coordinator (EMC) or
his/her designee, or the Fire Alarm Operator/Dispatcher of an entity which is a party
hereto, each entity having available fire suppression and other disaster equipment and
personnel, may be dispatched during an emergency condition to any point within the
geographical limits or district of the requesting entity designated by the Fire Chief/EMC
or his/her designee, or Fire Alarm Operator/Dispatcher of the requesting entity, subject to
the conditions hereinafter stated.
IT IS HEREBY AGREED that an emergency condition shall be deemed to exist within
the geographical limits of a requesting entity at a time when one or more emergencies are
in progress, or upon the occurrence of a disaster or situation reasonably requiring more
equipment or personnel than can be provided by the requesting entity seeking assistance
in handling the emergency. When an emergency condition exists, the Chief of the Fire
Department/Emergency Management Coordinator or his/her designee of the responding
entity shall determine the advisability of sending or maintaining emergency equipment
or personnel beyond the geographical limits of the requested entity and the judgment of
the Fire Chief/Emergency Management Coordinator or his/her designee or the Fire
Alarm Operator/Dispatcher shall be final;
2. Any dispatch of equipment and personnel pursuant to this Agreement is subject to the
following conditions:
AGREEMENT FOR MUTUAL AID 2
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. 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 / EMC or his/her designee or the Fire Alarm
Operator/Dispatcher of the responding entity;
b. The responding personnel must meet the minimum firefighting standards as
established by their jurisdiction or the Texas Commission on Fire Protection
whichever is applicable.
c. Texas Department of Health certified personnel (Emergency Care Attendant,
Emergency Medical Technician, and Paramedic) may provide emergency medical
services to the degree allowed by their certification and Medical Control.
d. The senior fire representative from the responding entity shall report to the officer
in charge / incident commander of the requesting entity's forces at the location to
which the equipment is dispatched and assist in fire suppression, emergency
medical service or other emergency condition;
e. The responding entity shall operate within the parameters established by the
requesting entity's incident management system;
f. 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 in his/her sole discretion that further
assistance should not be provided;
AGREEMENT FOR MUTUAL AID 3
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 in this paragraph, the terms and
conditions of this Agreement shall be in effect just as though a request for mutual aid had
been initiated;
4. All parties to this Agreement waive any and all claims it has against any other party for
any loss (including loss of use), personal injury (including death), and damages of
whatever nature, which occur or arise out of the obligations to be performed under this
Agreement. This waiver shall have no force or effect for claims or suits against the
requesting entity by third parties for civil liability as provided by Chapter 791.006 of the
Interlocal Cooperation Act, Texas Government Code, as the same may be amended;
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, except for those
payments the requesting entity is required to pay under the Interlocal Cooperation Act
AGREEMENT FOR MUTUAL AID 4
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. 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 firepersons of the fire
department of the responding entity or member of an organized volunteer fire department
rendering fire fighting services to the responding entity;
7. At all times while equipment and personnel of any responding entity's fire department /
emergency medical service are traveling to, fi.om, 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/emergency medical service.
Further, such equipment and personnel shall be deemed to be engaged in a govemmental
function of its governmental entity or in the service of its organized volunteer fire
department, whichever may apply;
8. In the event that an 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 arisen out of an official act within the scope of his or her duties as a member
of the department where regularly employed or volunteering and occurred within the
AGREEMENT FOR MUTUAL AID 5
jurisdiction of the governmental entity where regularly employed or volunteering. The
benefits described in this paragraph shall be supplied by the entity where the individual is
regularly employed or volunteering.
9. IT IS AGREED by and between the parties hereto that any party hereto shall have the
right to terminate their participation in this Agreement upon thirty (30) 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 upon the
affirmation vote of a majority of the governing bodies of the parties hereto, any such
additions becoming effective upon the execution of an Agreement for Mutual Aid In
Disaster Assistance;
10. This Agreement contains all commitments and agreements of the parties hereto as to
mutual aid in the protection of life and property from fire and other disasters, 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 / emergency medical services and/or other related services, and
IT IS HEREBY AGREED that this Agreement shall be subordinate to said individual
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 the Agreement shall be, for any reason,
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions thereof and this Agreement shall be
AGREEMENT FOR MUTUAL AID 6
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 agrees to 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 pursuant to V.T.C.A. Government Code, Chapter 418.106,
commonly referred to as the Texas Disaster Act of 1975;
15. In order to facilitate execution, each party hereto may execute a duplicate original. When
executed, each party shall deliver such Agreement to the Denton County Fire Marshal /
Emergency Management Coordinator, which is hereby designated as the repository for
executed Agreements. With the executed Agreement, each entity shall also forward its
applicable formal approval documents, such as City Council Resolutions or certified
copies of minutes of organizational meetings, which authorize participation and
execution;
16. This Agreement shall become effective between the Parties hereto on the day it is fully
executed and received by the Denton County Fire Marshal / Emergency Management
Coordinator and shall continue in effect until it has been terminated according to this
agreement. Thereafter, the effective dates for an entity to be a party to this Agreement
shall be the date its validly executed Agreement is received by the Denton County Fire
Marshal / Emergency Management Coordinator;
AGREEMENT FOR MUTUAL AID 7
EXECUTED by the Cities or Independent Fire Departments of Argyle, Aubrey, Carrollton,
Denton, Double Oak, Flower Mound, Highland Village, Justin, Krum, Lake Cities, Lewisville,
Little Elm, Mayhill/Cooper Creek, Pilot Point, Plano, Ponder, Roanoke, Sanger, Southlake, The
Colony, and Trophy Club/Westlake, each entity acting by and through its City Manager, Fire
Chief / Emergency Management Coordinator or his/her designee or, the Fire Alarm
Operator/Dispatcher or other duly authorized official in the manner required by each respective
entity's Charter, or as otherwise required by law on the date herein below specified.
Printed Name/Title Ih l_ ~ ~ ~-] (. ti, ~ ~ ~--~ ~}'(_.)
Name of Entit/y:, ~ ~ V~, (~' I~ ['r~ ':'
Printed Nme: ¢ ~ T? ~., t-t~' ',,~
S~SC~BED ~ SWO~ TO BEFO~ ME, the undersized authoh~, on this
XgY-~;[j~. CHRISIIE UEtf WILSON ~a~ Public in ~d for the State of Tex~
[{~i~}~ N~Public, StaleefTe~s [ My co~ission expires:
Approved as to fo~: (Optional)
A~°mey ~
AG~EMENT FOR MUTU~ MD ~
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