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HomeMy WebLinkAboutRes 2017-02-288 ILA Westminster V Fire DepartmentCITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AUTOMATIC AID AGREEMENT WITH THE WESTMINSTER VOLUNTEER FIRE DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS, the City Council of the City of Anna, Texas (the "City Council") recognizes the vulnerability of the people and communities located within the fire districts of the City of Anna and the Westminster Volunteer Fire Department to damage, injury and loss of life and property resulting from structure fires, and recognize that structure fires may present equipment and manpower requirements beyond the capacity of each individual party; and WHEREAS, the City Council finds and determines that approval of an Automatic Aid Agreement with the Westminster Volunteer Fire Department will enhance the City's ability to preserve and protect the public health and safety of the residents of the City of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Automatic Aid Agreement The City Council hereby approves the Automatic Aid Agreement attached hereto as Exhibit 1, and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to act under and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day of February, 2017. ATTEST: f \\ � `"""""""//,, PPR( ,ma e Carrie L. Smith, City Secretary a Macar, Mppy a � `� � • . o- e .yyB p�j ���\ ED: Mike Crist C AUTOMATIC AID AGREEMENT FOR WESTMINSTER VOLUNTEER FIRE DEPARTMENT AND CITY OF ANNA, TEXAS State of Texas H County of Collin H This Automatic Aid Agreement ("Agreement") is entered into by the Westminster Volunteer Fire Department ("WVFD") and the City of Anna ("Anna" or "AFD"), all located in Collin County (individually and collectively, the "Parties". RECITALS WHEREAS, the Parties recognize the vulnerability of the people and communities located within the Parties' fire districts to damage, injury and loss of life and property resulting from structure fires and recognize that structure fires may present equipment and manpower requirements beyond the capacity of each individual party; and WHEREAS, the Parties recognize that, today and in the past, the concept of automatic aid by both parties is a matter of practice today; and WHEREAS, the officials of the Parties desire to secure and extend the provisions of automatic aid and protection of life and property in the event of a structure fire; and WHEREAS, the Parties wish to make suitable provisions for furnishing automatic aid in coping with structure fires; and WHEREAS, the Parties recognize that a formal agreement for automatic aid would allow for better coordination of effort, would provide that adequate equipment and manpower is available, and would help ensure that automatic aid is accomplished in the minimum time possible in the event of a structure fire; and WHEREAS, it is expressly understood that this Agreement does not in any way modify the provisions of and/or obligations set forth in the Inter -Jurisdictional Mutual Aid Agreement for Collin County, Texas, by and among all cities within or partially within Collin County dated on or about October 3, 2005 (the "Mutual Aid Agreement"). NOW, THEREFORE, the Parties agree as follows: SECTION 1. RECITALS The recitals set forth above are true and correct. SECTION 2. DEFINITIONS 9 For purposes of this Agreement, the terms listed below will have the following meanings: A. Agreement means this Automatic Aid Agreement, duly executed. B. Automatic Aid means and includes, but is not limited to, such resources as facilities, equipment, services, supplies and personnel. C. Assisting Party means the Party furnishing equipment, supplies, facilities, services and/or manpower to the Requesting Party. D. Emergency means any occurrence, or threat thereof, whether natural or caused by man, in war or peace, which results in substantial injury or harm to the population, or substantial damage to or less of property. E. Jurisdictional Limit for the City of Anna means the Anna corporate limits and the fire district for the AFD as established by the Collin County Fire Marshall. F. Jurisdictional Limit for the Westminster Volunteer Fire Department means the fire district for the WVFD as established by the Collin County Fire Marshall. G. Requesting Party means the Party requesting aid in the event of a first alarm structure fire. SECTION 3. PROCEDURES FOR REQUESTS AND PROVISIONS OF AUTOMATIC AID WVFD and AFD agree to provide the automatic response of at least one fire engine company to all first alarm structural fires occurring in either Jurisdictional Limit of the Westminster Volunteer Fire Department or the City of Anna, except when it is impossible for the Assisting Party to render aid because all of its available resources are required for an existing or simultaneous Emergency. Additional apparatus and staffing may be requested on second alarms as part of the existing Mutual Aid Agreement. Except as otherwise provided herein, each Assisting Party will automatically respond to all first alarm structural fires. SECTION 4. SUPERVISION AND CONTROL When providing assistance under the terms of this Agreement and when the Requesting Party has qualified personnel at the site of the Emergency, the Assisting Party will be under the general operational control of the Requesting Party, which shall be organized and functioning within an Incident Command System (ICS) or Unified Command System (UCS) format. However, direct supervision and control of personnel, equipment and resources and personnel accountability of the Assisting Party shall remain with the Assisting Party. The Assisting Party shall maintain personnel time records, material records, and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Assisting Party; and shall report work progress to the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party. SECTION 5. COMMUNICATIONS I Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel shall maintain communications among their respective operating units, if such is practical. SECTION 6. RIGHTS AND PRIVILEGES Personnel who are assigned, designated or ordered to perform duties pursuant to this Agreement shall continue to receive the same wages, salary, pension, and other compensation and benefits for the performance of such duties, including injury or death benefits, disability payments, and workers' compensation benefits, as though the service had been rendered within the limits of the jurisdiction where the personnel are regularly employed. SECTION 7. TERMS OF DEPLOYMENT The initial duration of a request for assistance will be specified by the Requesting Party, to the extent possible based on the situation. SECTION 8. COSTS All costs associated with the provision of Automatic Aid rendered pursuant to this Agreement, including but not limited to, compensation for personnel; operation and maintenance of equipment; damage to equipment; medical expenses; and food, lodging and transportation expenses shall be borne by the Assisting Party for the first 48 hours that assistance is provided. Thereafter, all costs associated with the provision of Automatic Aid, including but not limited to compensation for personnel; operation and maintenance of equipment, damage to equipment, medical expenses, and food, lodging and transportation expenses shall be paid for by the Assisting Party and reimbursed — at actual cost — by WVFD when the AFD is the Assisting Party or by Anna when WVFD is the Assisting Party. Requests for reimbursement must be submitted within ten working days of the return of all personnel deployed under this Agreement. Such requests shall specifically identify each service, labor, or equipment provided and the unit and total costs associated with each. The Assisting Party shall be responsible for creating and maintaining for a period of three years a record of all costs incurred, both reimbursed and unreimbursed costs, in providing aid under this Agreement. Such costs and reimbursements and any other payments made under this Agreement shall be paid from current funds of the respective Party. All Parties acknowledge that unreimbursable costs incurred during the initial 48-hour period will not be subject to reimbursement with any available federal funds. SECTION 9. INSURANCE A. WORKER'S COMPENSATION COVERAGE. Each Party shall be responsible for its own actions and those of its employees and is responsible for complying with the Texas Worker's Compensation Act. B. AUTOMOBILE LIABILITY COVERAGE. Each Party shall be responsible for its own actions and those of its employees and is responsible for complying with the Texas motor vehicle financial responsibility laws. C. GENERAL LIABILITY PUBLIC OFFICIAL'S LIABILITY AND LAW ENFORCEMENT LIABILITY. To the extent permitted by law and without waiving sovereign immunity, each Party shall be responsible for any and all claims, demands, suits, actions, damages, and causes of action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in providing Automatic Aid assistance rendered or performed pursuant to the terms and conditions of this Agreement. Each Party agrees to obtain general liability, public official's liability and law enforcement liability, if applicable, or maintain a comparable self-insurance program. D. OTHER COVERAGE. The Assisting Party shall provide and maintain their standard packages, if any, of medical and dental and death benefit insurance coverage while their personnel are assisting the Requesting Party. SECTION 10 WAIVER OF CLAIMS AGAINST PARTIES• IMMUNITY RETAINED Each Party hereto waives all claims against the other Party hereto for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. No Party waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of the foregoing sentence or its execution of this Agreement and the performance of the covenants contained herein. SECTION 11. EXPENDING FUNDS Each Party that performs services or furnished aid pursuant to this Agreement shall do so with funds available from current revenues of the Party. No Party shall have any liability for the future to expend funds to provide aid hereunder. SECTION 12. TERM This Agreement shall become effective as to each Party on February 28, 2017 and shall continue in force and remain binding on each Party for 12 months from the effective date. This Agreement shall renew automatically for one year upon the completion of the initial term and each subsequent term unless and until a Party terminates its participation in the Agreement pursuant to Section 18 of this Agreement. SECTION 13. ENTIRETY This Agreement contains all commitments and agreements of the Parties with respect to Automatic Aid to be rendered hereunder during or in connection with a structure fire. SECTION 14. STATUTORY PROVISIONS The Parties agree that Automatic aid in the context contemplated herein is a "governmental function and service" and that: (1) AFD is an "emergency service provider" as that term is defined in Texas Civil Practice and Remedies Code 101.001; and (2) WVFD is a volunteer fire department as that term is defined in Texas Civil Practice and Remedies Code 78.101. SECTION 15. SEVERABILITY If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provision of the Agreement, that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. SECTION 16. VALIDITY AND ENFORCEABILITY If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect. SECTION 17. AMENDMENT This Agreement may be amended only by the written mutual consent of the Parties. SECTION 18. TERMINATION Any Party may at any time by resolution or notice given to the other Party decline to participate in the provision of Automatic Aid. Anna or WVFD may decline to participate by resolution, and must give notice of termination of participation in this Agreement and submit a certified copy of such resolution to all other Parties. Anna or AFD may decline to participate by submitting written notice of its decision not to participate to all other Parties. Such termination shall become effective not earlier than 30 days after the filing of such notice. SECTION 19. THIRD PARTIES This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create, any rights in third parties. SECTION 20. NOTICE Any notice required or permitted between the Parties must be in writing, and shall be delivered in person, or mailed certified mail, return receipt requested, as follows: Notice to WVFD: Westminster Volunteer Fire Department Attn: Board of Directors, Chairman Mark Griffin P. 0. Box 691 Westminster, Texas 75485 I Notice to Anna: City of Anna Attn: City Manager P. 0. Box 776 Anna, Texas 75409 With a mandatory copy to: Anna Fire Department Attn: Fire Chief Tim Gothard P. 0. Box 487 Anna, Texas 75409 SECTION 21. WARRANTY This Agreement has been officially authorized by the governing or controlling body or agency of each Party hereto by order, ordinance or resolution and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective Party to this Agreement. SECTION 22. GOVERNING LAW AND VENUE The laws of the State of Texas shall govern this Agreement and exclusive venue shall lie in Collin County, Texas. SECTION 23. HEADINGS The headings at the beginning of the various provisions of this Agreement have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this Agreement. EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by such entity. City of Anna. Texas Name: Philip Sande Title: City Manage r-IVI-11*i6 Date: : Name: Carrie SmithiA"g���f Dater Title: City Secretary, City of Anna, Texas Westminster Volunteer Fire Department Name: Mark Griffin / Gr%r�` Title: Chairman q J �t�'1It1<<('6 5 GL hr c- �C�CLrC� U�aCC�i>r Date: e - w