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R-10-04-08-10C1 - 4/8/2010RESOLUTION NO. R -10-04-08-10C1 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City Council has determined that it would be beneficial to the citizens of the City to secure mutual aid from nearby fire departments for firefighting equipment and personnel during emergency situations, and WHEREAS, the Williamson County Fire Chiefs Association (WCFCA) has offered to enter into an agreement for mutual aid with the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Mutual Aid Fire Protection Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 0:\wdox\SCC1nts\0112\1005\MUNICIPAL\00187639.DOC/rmc RESOLVED this 8th day of April, 2010. 1' A � MCGRAW, Mayor vn City of Round Rock, Texas ATTEST: 2p444/1,-, R12,0ofce- SARA L. WHITE, City Secretary THE STATE OF TEXAS MUTUAL AID FIRE PROTECTION AGREEMENT COUNTY OF WILLIAMSON THIS AGREEMENT entered into this day of 2010, by and between the undersigned Political Subdivisions (Cities and Emergency Service Districts) and/or volunteer fire departments, all who belong to the Williamson County Fire Chiefs Association (WCFCA), herein referred to as the member Organizations; WITNESSETH WHEREAS the governing officials of the members Organizations, Political Subdivisions and/or volunteer fire departments of the State of Texas, desire to secure for each such Organization the benefits of mutual aid in fire prevention and protection of life and property from fire and in firefighting; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That upon request of one Organization, who is party hereto each having fire suppression equipment and personnel, by the Fire Chief or their designee of said Organization, firefighting equipment and personnel of said responding Organization, who is a party hereto, will be dispatched to any point within the geographical limits of said requesting member Organization, or to a point which such Organization has a written agreement, pursuant to Local Government Code section 42.044 to provide fire protection, designated by said Fire Chief or their designee of requesting Organization, subject to the emergency conditions herein stated. WCFCA Interlocal/Mutual Aid Agreement Page 1 of 5 2. AH Organizations represented in this Agreement will use the National Incident Management System (NIMS) when participating in mutual aid responses. 3. It is hereby declared and agreed that if an emergency condition exists within the geographical limits or extraterritorial jurisdiction of a requesting Organization hereto at a time when one or more emergencies are in progress, and that when such condition exists, the requested Organization Fire Chief or their designee shalt determine the availability of sending firefighting equipment beyond the geographical limits of the requested party, and the judgment of the requested Organization Fire Chief or their designee shall be final. 4. Any dispatch of equipment and personnel pursuant to this agreement is subject to the following conditions: a. Any request for aid hereunder shall specify 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, but the amount and type of equipment to be furnished shall be determined by a representative of the responding Organization. b. Responding Organization shall report to the Incident Commander ortheir designee of the requesting Organization at the designated location. c. Responding Organization shall be released by the requesting Organization when the services of the responding Organization are no WCFCA Interlocal/Mutual Aid Agreement Page 2 of 5 longer required or when the responding Organization is needed within the area for which it normally provides fire protection services. 5. Any civil liability related to the furnishing of services hereunder is the responsibility of the requesting member Organization, in accordance with the Texas Government Code Chapter 791. However, all claims for Workers' Compensation benefits arising out of this agreement shall be the sole responsibility of the party who is the general employer of the employee or volunteer filing such claim. At no time shall the employees or volunteers of the responding party be considered to the borrowed servants or on loan to the requesting party to this agreement. Notwithstanding the terms of this paragraph the responding Organization shall hold the requesting Organization harmless from all liability for injuries or damages to persons or property that might occur as a result of the act or omission of an act of the employees or volunteers of responding Organization. 6. No member Organization shall be reimbursed by any other member Organization for costs incurred pursuant to this agreement. 7. All equipment used by the responding Organization in carrying out this agreement will, at the time of action hereunder be owned or contracted by it; and all personnel acting for said member Organization under this agreement will, at the time of such action be an employee or volunteer member of said member Organization. 8. Responding Organizations shall comply with all applicable federal, state, county, and local government laws, regulations, and ordinances. WCFCA Interlocal/Mutual Aid Agreement Page 3 of 5 9. It is further agreed by and between the parties hereto that either party hereto shall have the right to terminate this agreement upon thirty (30) days written notice to the other parties hereto. 10. This agreement is made pursuant to Texas Government Code Chapter 791, commonly referred to as the interlocal Corporation Contracts. 11. If for any reason any one or more of the paragraphs of this Agreement are held invalid, such holding shall not affect, impair, or invalidate the remaining paragraphs of this Agreement, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this Agreement held invalid, and the invalidity of any section, sentence, clause, or parts of this Agreement in any one or more instances shall not affect or prejudice in any way the validity of this Agreement in other instances. 12. The original of this Agreement with original signatures will be kept in the custody of the Secretary of the WCFCA and will be made available for inspection upon demand by any Organization signing hereto. 13. Effective date of this Agreement shall be on the date signed by the member Organizations and shall continue in full force and effect unless otherwise terminated. * * * The Rest of this Page is Intentionally Left Blank * WCFCA Interlocal/Mutual Aid Agreement Page 4 of 5 WCFCA INTERLOCAUMUTUAL AID AGREEMENT "MEMBER ORGANIZATION SIGNATURE PAGE" Executed and effective on the date or dates indicated below. Member Organization Name By: Name/Signature Title/Position Date: ATTEST: By: Name/Signature Title/Position Date: Williamson County Fire Chiefs Association By: Name/Signature Title/Position Date: ATTEST: By: Name/Signature Title/Position Date: WCFCA Interlocal/Mutual Aid Agreement Page 5 of 5 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Agenda Item No. 10C1. ity Council Agenda Summar�et Consider a resolution authorizing the Mayor to execute a Mutual Aid Agreement with the Agenda Caption: Williamson County Fire Chief's Association. Meeting Date: April 8, 2010 Department: Fire Staff Person making presentation: Larry Hodge Fire Chief Item Summary: This Mutual Aid Agreement is between members of the Williamson County Fire Chief's Association. It summarizes civil liability and the conditions when a responding organization is requesting firefighting equipment and personnel from another organization during emergency situations. The requested organization fire chief or their designee shall determine the availability to send or not to send firefighting equipment and personnel. The decision of requested organization fire chief or their designee shall be final. Strategic Plan Relevance: 30.0 Residents, Visitors and Business continued to experience a high and timely level of public safety and security. Cost: N/A Source of Funds: N/A Date of Public Hearing (if required): N/A Recommended Action: Staff recommends approval of this agreement. THE STATE OF TEXAS c 3 c?Afr MUTUAL AID FIRE PROTECTION AGREEMENT COUNTY OF WILLIAMSON THIS AGREEMENT entered into this (241-1day of Ari 2010, by and between the undersigned Political Subdivisions (Cities and Emergency Service Districts) and/or volunteer fire departments, all who belong to the Williamson County Fire Chiefs Association (WCFCA), herein referred to as the member Organizations; WITNESSETH WHEREAS the governing officials of the members Organizations, Political Subdivisions and/or volunteer fire departments of the State of Texas, desire to secure for each such Organization the benefits of mutual aid in fire prevention and protection of life and property from fire and in firefighting; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That upon request of one Organization, who is party hereto each having fire suppression equipment and personnel, by the Fire Chief or their designee of said Organization, firefighting equipment and personnel of said responding Organization, who is a party hereto, will be dispatched to any point within the geographical limits of said requesting member Organization, or to a point which such Organization has a written agreement, pursuant to Local Government Code section 42.044 to provide fire protection, designated by said Fire Chief or their designee of requesting Organization, subject to the emergency conditions herein stated. WCFCA Interlocal/Mutual Aid Agreement Page 1 of 5 IL -to- 4 v(3-1om 2. All Organizations represented in this Agreement will use the National Incident Management System (NIMS) when participating in mutual aid responses. 3. It is hereby declared and agreed that if an emergency condition exists within the geographical Limits or extraterritorial jurisdiction of a requesting Organization hereto at a time when one or more emergencies'are in progress, and that when such condition exists, the requested Organization Fire Chief or their designee shall determine the availability of sending firefighting equipment beyond the geographical limits of the requested party, and the judgment of the requested Organization Fire Chief or their designee shall be final. 4. Any dispatch of equipment and personnel pursuant to this agreement is subject to the following conditions: a. Any request for aid hereunder shall specify 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, but the amount and type of equipment to be furnished shall be determined by a representative of the responding Organization. b. Responding Organization shall report to the Incident Commander or.their designee of the requesting Organization at the designated location. c. Responding Organization shall be released by the requesting Organization when the services of the responding Organization are no WCFCA Interlocal/Mutual Aid Agreement Page 2 of 5 longer required or when the responding Organization is needed within the area for which it normally provides fire protection services. 5. Any civil liability related to the furnishing of services hereunder is the responsibility of the requesting member Organization, in accordance with the Texas Government Code Chapter 791. However, all claims for Workers' Compensation benefits arising out of this agreement shall be the sole responsibility of the party who is the general employer of the employee or volunteer filing such claim. At no time shall the employees or volunteers of the responding party be considered to the borrowed servants or on loan.to the requesting party to this agreement. Notwithstanding the terms of this paragraph the responding Organization shall hold the requesting Organization harmless from all liability for injuries or damages to persons or property that might occur as a result of the act or omission of an act of the employees or volunteers of responding Organization. 6. No member Organization shall be reimbursed by any other member Organization for costs incurred pursuant to this agreement. 7. All equipment used by the responding Organization in carrying out this agreement will, at the time of action hereunder be owned or contracted by it; and all personnel acting for said member Organization under this agreement will, at the time of such action be an employee or volunteer member of said member Organization. 8. Responding Organizations shall comply with all applicable federal, state, county, and local government laws, regulations, and ordinances. WCFCA Interlocal/Mutual Aid Agreement Page 3 of 5 9. It is further agreed by and between the parties hereto that either party hereto shall have the right to terminate this agreement upon thirty (30) days written notice to the other parties hereto. 10. This agreement is made pursuant to Texas Government Code Chapter 791, commonly referred to as the Interlocal Corporation Contracts. 11. If for any reason any one or more of the paragraphs of this Agreement are held invalid, such holding shall not affect, impair, or invalidate the remaining paragraphs of this Agreement, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this Agreement held invalid, and the invalidity of any section, sentence, clause, or parts of this Agreement in any one or more instances shall not affect or prejudice in any way the validity of this Agreement in other instances. 12. The original of this Agreement with original signatures will be kept in the custody of the Secretary of the WCFCA and will be made available for inspection upon demand by any Organization signing hereto. 13. Effective date of this Agreement shall be on the date signed by the member Organizations and shall continue in full force and effect unless otherwise terminated. * * * The Rest of this Page is Intentionally Left Blank * * * WCFCA Interlocal/Mutual Aid Agreement Page 4 of 5 WCFCA INTERLOCAUMUTUAL AID AGREEMENT "MEMBER ORGANIZATION SIGNATURE PAGE" Executed and effective on the date or dates indicated below. &rni o r Rout) t( - Member Organization Name By: tkt Name/Signature Date: a PO -10 ATTEST: By: Rava- Titie/Pos tion Name/Signature Title/Position Date: 1.(1). Williamson County Fire Chiefs Association By: Name/Signature Date: ATTEST: Title/Position By: Name/Signature Title/Position Date: WCFCA Interlocal/Mutual Aid Agreement Page 5 of 5