Loading...
HomeMy WebLinkAboutRes 04-30 Authorizing an Agreement with the Town of Trophy Club for Mutual AidTOWN OF WESTLAKE RESOLUTION NO. 04-30 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE TOWN OF TROPHY CLUB FOR AUTOMATIC AID FOR FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND DECLARED OR UNDECLARED EMERGENCIES ENDANGERING THE PUBLIC HEALTH AND SAFETY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby authorize the Town Manager to enter into an agreement with the Town of Trophy Club for automatic aid for Fire Protection, Emergency Medical Services, and declared or undeclared emergencies endangering the public health and safety. SECTION 2. That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THE 14TH DAY OF JUNE 2004. Scott Bradfey, Mayor ATTEST: dinga trosswy, Towncue' retary Trent Petty, To ^ Manager A w APPROVED AS TO FORM: AGREEMENT FOR AUTOMATIC AID FOR FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND DECLARED OR UNDECLARED EMERGENCIES ENDANGERING THE PUBLIC HEALTH AND SAFETY THE STATE OF TEXAS COUNTY OF TARRANT 20�THIS AGREEMENT is entered into this � day of , by and between the Town of Westlake and the Town of Tropg Club, being municipal corporations chartered under the Constitution and laws of the tate of Texas, each acting through its authorized representatives. WHEREAS, the Town of Westlake and the Town of Trophy Club (referred to as "the towns") desire to enter into an agreement for the automatic provision of fire protective services; and WHEREAS, this Agreement is entered into pursuant to Subchapter A, Chapter 791, Texas Government Code; NOW THEREFORE, It is agreed as follows: I. MUTUAL ASSISTANCE 1. Upon the request of the Mayor or his designated representative of one of the towns to the other town to respond to a fire, medical emergency, or specialized emergency situation within the town limits of the requesting town, the responding town will respond with available equipment and personnel in aid of the requesting town to any point within a reasonable distance of the town limits of the responding town. 2. The designee of each town that is a party hereto will designate the areas outside the town's town limits that qualifies as a "reasonable distance.' Such coverage area designations shall be filed with the Town or Town Secretary as an attachment to this Agreement. 3. If conditions exist within a responding town that prevent response outside its town limits, the designee or his designated representative shall immediately notify the designee of the requesting town that no response can be made. II. PROCEDURES Provided conditions do not exist that prevent response outside a responding town's town limits, the dispatch of a responding town's equipment and personnel pursuant to this Agreement is subject to the following procedures: A request for aid by street address shall specify the location by street address to which the equipment and personnel are to be dispatched. 2. A responding town shall respond to the specified location and initiate action to mitigate the emergency or provide backup coverage if requested. 3. A responding town shall be released by the requesting town at the approval of the incident commander and when the services of a responding town are no longer required. III. COMMON TOWN LIMIT LINES In areas where common town limit lines exist between the towns, accurate determination of jurisdiction may not be possible upon receipt of an alarm. In these cases, the town receiving the alarm will dispatch its equipment and personnel as soon as practical. If the emergency is not within the town limits of a responding town, it is agreed that the services provided are pursuant to this Agreement. IV. CLAIMS Each town waives all claims against the other town for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement. However, this waiver shall not apply in those cases in which a claim results from the failure of the requesting town to accept responsibility as required by Section VII of this Agreement with respect to either fire or emergency medical services, or both; and Section 791.006 of the Texas Government Code with respect to fire services. V. COSTS A responding town shall not be reimbursed by the requesting town for costs incurred in responding to an emergency pursuant to this Agreement. Personnel who perform duties pursuant to this Agreement shall receive the same wage, salary, pension, injury or death benefits, worker's compensation benefits payment of expenses, and all other compensation and rights for the performance of those duties, as they would have received for their regular duties in the service of the town by which they are employed. Subject to Section IV hereof, each town shall be solely responsible for the payment of its costs associated with providing equipment and personnel under this Agreement. VI. SUPERVISION The equipment and personnel of a responding town shall be under the control and supervision of employees of such responding town during a response pursuant to this Agreement. VII. LIABILITY In accordance with Section 791.006 of the Texas Government Code, the requesting town is responsible for any civil liability that arises from the furnishing of emergency services pursuant to this Agreement. In addition, the requesting town shall be responsible for any civil liability that arises from the furnishing of emergency medical services pursuant to this Agreement. VIII. PARTICIPATION, TERMINATION AND REMOVAL Each town has the right to terminate its participation in this Agreement, without cause, by providing ninety (90) days written notice to the other towns. IX. PRIOR COMMITMENTS This Agreement contains all commitments and agreements of the towns regarding automatic aid for fire protection, emergency medical services, and declared or non - declared emergency endangering the health and safety and no other prior oral or written commitments shall have any force or effect. Notwithstanding the preceding sentence, it is understood that certain signatory towns may have contracted or may contract in the future with each other for fire protection and emergency medical services, and it is agreed that this Agreement shall not affect those contracts. X. VENUE Each party agrees that if legal action is brought under this Agreement exclusive venue shall lie in Tarrant County, Texas. Xl. BENEFITS When an employee or volunteer of a responding town is performing duties under the terms of this Agreement, that person is considered to be acting in the line of duty for the purpose of 42 U.S.C.A., Section 3796; is considered to be in performance of duties within the provisions of Chapter 615 of the Texas Government Code, and Chapter 142, Texas Local Government Code; and shall death, or loss which occurs while in the line of duty. XII. SEVERABILITY In case one (1) 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 provision, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. XIII. AUTHORIZATION This Agreement is made pursuant to Chapter 791 and Subehapter E, Chapter 418 of the Texas Government Code. It is agreed that in the execution of this Agreement, no parry waives any immunity or defense that would otherwise be available to it, against claims arising from the exercise of governmental powers and functions. EXECUTED this Z/ day of 2000/, at Tarrant County, Texas Town of Westlake, Texas Scott Bradley, Mayor ATTEST: /0 UnQer Crosswy, T&n Secretary ATTEST: Diane Cockrell, kown Secretary