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HomeMy WebLinkAboutRes 04-31 Authorizing an Agreement with the City of Southlake for Mutual AidTOWN OF WESTLAKE RESOLUTION NO. 04-31 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF SOUTHLAKE 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 City of Southlake 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. ATTEST: r AGingrosswy�Town=e�tary APPROVED AS TO FORM: Scott Brad l' y, Mayor r Trent Petty, TownManager r'" �f 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 THIS AGREEMENT is entered into this day of 20 , by and between the Town of Westlake and the City of Southlake, being municipal corporations chartered under the Constitution and laws of the State of Texas, each acting through its authorized representatives. WHEREAS, the Town of Westlake and the City of Southlake (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: 1. 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. N. 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. XI. 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 Subchapter E, Chapter 418 of the Texas Government Code. It is agreed that in the execution of this Agreement, no party 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 day of Town of Westlake, Texas MAYOR City of Southlake, Texas MAYOR 200 , at Tarrant County, Texas 4--m 0 - 31 Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Trent Petty, Town Manager Don Wilson, Director of Public Safety Subject: Regular Meeting of June 14, 2004 Date: June 3, 2004 iTF,M Consider a Resolution authorizing the Town Manager to enter into an interlocal agreement establishing an automatic/mutual aid agreement with the City of Southlake. This automatic/mutual aid agreement will allow the mutual sharing of equipment and personnel in the event that a natural or manmade disaster or event strikes either community, as well as, routine automatic/mutual aid events such as fires, EMS incidents, etc. RECOMMENDATIONS Staff recommends approval. BACKGROUND The occurrence of any natural or manmade disaster can very quickly overwhelm any agency and community's resources. Without the assistance of neighboring communities, these events can hamper mitigation and recovery efforts, prolonging the damage and potential harm to the community and its citizens. This automatic/mutual aid agreement will allow each participating community to assist in these events as well as in those "routine" Fire, EMS incidents, etc. that potentially involve community services daily. This agreement is not limited to emergency services, but includes those of public works and other departments that may be required to respond to such events, depending on the magnitude of the event. The agreement is also necessary to complete with Federal and State guidelines for reimbursement of funds in the event that a major disaster strikes our community or region. Without such agreements, the Town may lose the right to apply for such funding. The Town has been signed previous agreement, which met Federal and State guidelines, but these agreements covered Fire and EMS responses only. Today's events and the environment in which the Town may be forced to react, dictates a broad approach to disaster response, thus this expanded agreement. FUNDING There is no direct funding impact by this agreement. The potential lost of funding does exist, in the form of reimbursement from the Federal and State government, without such agreements. Attachment: Interlocal agreement with the City of Southlake. Memo To: TRENT PETTY, TOWN MANAGER From: DON WILSON, DIRECTOR OF PUBLIC SAFETY Date: JUNE 3, 2004 Re: AUTOMATIC AID AGREEMENT WITH THE CITY OF SOUTHLAKE Attached to this memorandum is a copy of the proposed automatic aid agreement with the City of Southlake. This agreement is intended to meet Federal and State requirements for such documents and to serve as a working agreement between the two towns for natural and manmade disasters that strike either or both communities. The agreement is necessary for compliance with Federal and State reimbursement in the event of a disaster. More importantly, the agreement accomplishes the following: The agreement addresses routine emergency responses (Fire and EMS) that each community responds to as a part of routine daily activity. 2. The agreement expands the normal "Fire and EMS Mutual Aid" agreement to cover all types of disaster response. The expansion of services available to each community created by this agreement eliminates the need for multiple agreements between each community addressing these types of agreements while complying with the Federal and State guidelines. This agreement will require the City of Southlake to adopt a companion agreement which they have and are in the process of adopting. If you have any questions, please contact me.