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HomeMy WebLinkAboutRes 201-90 Agreement for Mutual Aid in Disaster Assistance,-::-~ ; '1 l (~.;1 RESOLUTION No .. ---':..:(;-I e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AUTHORIZING THE FIRE CHIEF TO EXECUTE ON BEHALF OF THE CITY OF ANNA AN AGREEMENT FOR MUTAL AID IN DISASTER ASSISTANCE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is desirable and advantageous that the City Council designate the Fire Chief as its authorized representative to execute on and behalf of the City of Anna, the Collin County Agreement For Mutal Aid In Disaster Assistance and, WHEREAS, this designation will expediate the execution of this agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: SECTION I. The Fire Chief of the City of Anna, Texas, is hereby authcrized to execute on behalf of the City of Anna that agreement known as the Collin County Agreement For Mutual Aid In Disaste~ Assistance; SECTION II. This Resolution shall take effect immediately upon its passage; RESOLVED THIS ATTEST: v(' ;' '/.I /11 THE /)-·-DAY {l,1L.l<.. ~-./ // i ({_ .,, :' (. ( ~ .,. --=---/ / j nie Lambert, CITY SECRETARY ',' OF h;i,/;i;, 19 90. A .L. Geer, MAYOR 201-90 Repealed in 2005 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AUTHORIZING THE FIRE CHIEF TO EXECUTE ON BEHALF OF THE CITY OF ANNA AN AGREEMENT FOR MUTAL AID IN DISASTER ASSISTANCE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is desi~able and advantageous that the City Council designate the Fire Chief as its authorized representative to execute on and behalf of the City of Anna, the Collin County Agreement For Mutal Aid In Disaster Assistance and, WHEREAS, this designation will expediate the execution of this agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: SECTION I. The Fire Chief of the City of Anna, Texas, is hereby authorized to execute on behalf of the City of Anna that agreement known as the Collin County Agreement For Mutual Aid In Disaste~ Assistance; SECTION II. This Resolution shall take effect immediately upon its passage; _1 / /~' 1/1 RESOLVED THIS THE/ ) . DAY OF A.L. Geer, MAYOR ATTEST: ( )~(·,) /, _ _ _I L { ~-. >) (/ · ' ' ( · i // • J a·n i e Lambert, CITY SECRETARY 1990. COLLIN COUNTY AGREEMENT FOR MUTUAL AID IN DISASTER ASSISTANCE THE STATE OF TEXAS COUNTY OF COLLIN THIS AGREEMENT entered into this day of _________ , 1990, by and between the Cities of Allen, Anna, Fairview, Farmersville, Frisco, Lucas, McKinney, Murphy, Parker, Plano, Princeton, Royse City, --Me-±-issa-and Wylie, all of which are Texas municipal corporations; and Blue Ridge Fire Department, Branch Fire Department, Celina Fire Department, Josephine Fire Department, Lowery Crossing Fire Department, Nevada Fire Department, Prosper Fire Department, Westminister Fire Df~partment, and Weston Fire Department each of which is an organized Fire Department established within Collin County, Texas. W I T N E S S E T H: WHEREAS, the governing officials of the governmental entities set forth above, political subdivisions and independent Fire Departments 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 protection of life and property from fire and other disasters; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Upon the request of the Fire Chief or his/her designee, or the Fire Alarm Operator/Dispatcher of an entity which is a party hereto, each entity having 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, or his designee, or Collin County Agreement For Mutual Aid in Disaster Assistance Page 2 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 fires 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. When an emergency condition exists, the Chief of the fire department, or his/her designee, of the requested entity shall determine the advisability of sending or maintaining fire fighting equipment or personnel beyond the geographical limits of the requested entity and the judgment of the Fire Chief, or his/her 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. 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 or his/her designee 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 emergency condition. 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 M: AGR-FIRE. DOC Collin County Agreement For Mutual Aid in Disaster Assistance Page 3 charge of the responding entity's forces determines, in his/her sole discretion, that further assistance should not be provided. 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. 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, 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 M: AGR-FIRE. OOC Collin County Agreement For Mutual Aid in Disaster Assistance Page 4 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 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 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 a governmental function of its governmental entity. 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 K: AGR-FIRE. DOC Collin County Agreement For Mutual Aid in Disaster Assistance Page 5 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 or volunteering and occurred within the 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. However, in situations where the requesting en.ti ty 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 their participation in 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 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 and/or other related services, and it is hereby agreed that this Agreement shall be subordinate to said individual contracts. M: AGR-FIRE. DOC Collin County Agreement For Mutual Aid in Disaster Assistance Page 6 11. Each party agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Collin County, Texas. 12. In case one or more of the provisions contained in this 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 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, commonly referred to as the Texas Disaster Act of 1975, and for the purpose stated in Article 6228f V.A.C.S., as amended. 15. In order to facilitate execution, each party hereto may execute a duplicate original. When executed, each party shall deliver such Agreement to the Secretary of the Collin County Firemen and Fire Marshal's Association, 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. H: AGR-FIRE. OOC Collin County Agreement For Mutual Aid in Disaster Assistance Page 7 16. Effective date of this Agreement shall be on March 1, 1990, at 12:01 o'clock a.m. for all entities that have forwarded validly executed agreements to the Collin County Firemen and Fire Marshal's Association. 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 Collin County Firemen and Fire Marshal's Association. EXECUTED by the cities or Independent Fire Departments of Allen, Anna, Blue Ridge, Celina, Fairview, Farmersville, Frisco, Lucas, McKinney, Melissa, Murphy, Parker, Plano, Princeton, Prosper, Royse City, Wylie, Branch, Josephine, Lowery Crossing, Nevada, Westminister and Weston, each respective governmental entity acting by and through its City Manager or other duly authorized official in the manner required by each respective entity's Charter, or otherwise as required by law, on the date hereinbelow specified. ATTEST: APPROVED AS TO FORM: M: AGR-FIRE. DOC (Name of Entity) Signature of person executing Agreement Title Collin County Agreement For Mutual Aid in Disaster Assistance ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § Page 8 BEFORE ME, the undersigned authority, on this day personally appeared of a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of the , for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the day of 1990. M: AGR-FIRE. DOC Notary Public in and for the state of Texas