Contract - Travis County Emergency Services District No. 2 - 3/26/2026 INTERLOCAL AGREEMENT FOR AUTOMATIC AID ASSISTANCE FOR FIRE
DEPARTMENT SERVICES BETWEEN
THE CITY OF ROUND ROCK,TEXAS AND
THE TRAVIS COUNTY EMERGENCY SERVICES DISTRICT NO.2
This Interlocal Agreement("Agreement") is made and entered into by and between the CITY
OF ROUND ROCK, TEXAS ("Round Rock"), a home-rule municipal corporation of the State of
Texas, and the TRAVIS COUNTY EMERGENCY SERVICES DISTRICT NO. 2, ("TCESD
#2") a political sub-division of the State of Texas, organized and operating under Chapter 775 of
the Texas Health and Safety Code. Round Rock and TCESD #2 are herein referred to as the"Parties"
or in the singular, each as a"Party."
WHEREAS, Texas Government Code, Chapter 791, Texas Interlocal Cooperation Act,
Sections 791.003(3)(B), and 791.003(4)(A) allow local governments, including special districts, to
contract with one another to perform governmental functions and services, including fire protection;
and
WHEREAS, Round Rock and TCESD #2 mutually desire to be subject to the provisions of
the cited Interlocal Cooperation Act, specifically with reference to Section 791.006(a), 791.006(a-1),
791.006(d), 791.011(a), 791.011(c)(2), 791.011(d), 791.011(e), and 791.011(f); and
WHEREAS, Round Rock's fire department responds to all structure fires within its service
area; and
WHEREAS, TCESD #2 fire department (also known as Pflugerville Fire Department)
responds to all structure fires within its territorial boundaries; and
WHEREAS, it is the desire of Round Rock and TCESD #2 to join in this Agreement to
coordinate dispatching and response to emergencies requiring a response from the Parties' respective
fire departments; and
WHEREAS, the joint operation of stated services would be mutually beneficial and not
detrimental to Round Rock; and
WHEREAS, the joint operation of stated services would be mutually beneficial and not
detrimental to TCESD#2; and
WHEREAS, the Parties intend that the automatic aid described in this Agreement requires
the response of equipment to the automatic aid coverage area, as defined below, for structure fires.
The Parties understand and agree that, although automatic aid does not ensure that a Party's
community will receive the exact same amount of assistance as it gives, it does mean that the Parties
will provide some assistance outside their jurisdictional boundaries and that the level of service
delivered will be comparable to the level of service in the other areas served by the Parties; and
WHEREAS, it is further the determination of each of the Parties hereto that the decision to
enter into this Agreement constitutes a fundamental policy of the Parties hereto which is automatic in
INTERLOCAL AGREEMENT FOR AUTOMATIC AID ASSISTANCE
FOR FIRE DEPARTMENT SERVICES BETWEEN CITY OF ROUND ROCK
AND TRAVIS COUNTY ESD No.2 I
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nature, and includes the determination of the proper use of resources available with respect to the
providing of fire protection services and the utilization of existing resources of each of the Parties
hereto, including the use of equipment and personnel.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein,the Parties agree as follows:
1. Description of the Automatic Aid Coverage. The area that is the subject of this Agreement is
the unincorporated and incorporated areas of the Round Rock Fire Department service area
and the TCESD#2 service area(the "Automatic Aid Coverage"or the "AAC").
2. Protocol for Responding to Calls for Fire Services in the AAC. The Parties agree that within
the AAC,the following standard service criteria shall be the primary response system protocol
for assistance in responding to calls for service that are within the standard scope of services
provided by the fire departments of the Parties:
A. The Parties agree that when a call for assistance occurring within the AAC is received
from the respective Dispatch/Communication Center, each Party will dispatch the
response following the dispatching sequences identified,agreed to,and loaded on each
Party's Computer Aided Dispatch system and specifically identified to respond under
this Agreement.If resources are not available to respond to the call,then the Party who
cannot respond shall have the duty to immediately notify the other Party.
B. The Parties will each use an incident management system that follows the National
Incident Management System ("NIMS"), and minimum company standards (basic
evolutions used in the fire service),for efficient management of the emergency and for
the safety of firefighters through the use of standard terminology, reporting
relationships, and support structures.
C. The Parties will each use a personnel accountability system that is in accordance with
the National Fire Protection Association ("NFPA") requirements. Failure to
implement and utilize a working accountability system in accordance with NFPA in
either Party's jurisdiction shall be cause for immediate release of AAC fire companies
from the call with notification of such actions made directly to the Fire Chiefs.
D. Each Party shall retain ownership of any equipment or property it brings to the
performance of this Agreement, and each Party shall retain ultimate control of its
employees.
E. The Parties agree that the "time of dispatch" shall be the point in time at which the
Dispatch/Communication Center has notified a station (or a responding unit if out of
station)of the call through the station alert system,pager,radio,phone,or MDT/MCT.
F. The Parties agree that"response time" shall be measured from the time of dispatch to
time of arrival-on-scene.
INTERLOCAL AGREEMENT FOR AUTOMATIC AID ASSISTANCE
FOR FIRE DEPARTMENT SERVICES BETWEEN CITY OF ROUND ROCK
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G. The Parties agree that an automatic aid response is considered the first operational
period of 12 hours, and after 12 hours, any response hereunder will be considered a
mutual aid response and subject to reimbursement, as provided by law or written
agreement. Nothing in this Agreement shall preclude either Party from seeking
reimbursement of expenses from third parties, or other appropriate entities, including,
but not limited to, local, state or federal government agencies,as appropriate.Nothing
in the Agreement obliges a Party responding to an emergency situation in the AAC to
remain on scene for more than the first operational period. .
3. Non-Exclusivity. Nothing in this Agreement shall limit the ability of either Party from
agreeing to participate in more specific contracts for services, mutual assistance or automatic
response,nor shall this Agreement prohibit any Party from providing emergency assistance to
another jurisdiction which is not a participant in the Agreement.
4. Compatibility of Equipment. To ensure compatibility of equipment, the Parties shall work
together to develop and maintain a mutually agreed-upon inventory of equipment based upon
minimum NFPA standards and Insurance Service Office("ISO")standards.The Parties agree
that AAC responding engines and ladders shall have an agreed-upon staffing level.
5. Joint Trainina. The Parties shall work together to identify opportunities to participate in joint
training, including entry-level training, mini-academies, refresher and systems training. Joint
training exercises may be conducted as needed. Such exercises will be coordinated and
observed by the respective training staff of the Parties for the purpose of maintaining
coordination in firefighting procedures,dispatching, and communications.
6. Cooperative Procedures and Protocols. The Parties shall work together to develop mutually
acceptable cooperative procedures and protocols,consistent with the terms of this Agreement,
and with the NFPA and ISO recommendations. Such protocols shall include provisions for
standardized response criteria, and may also include protocols regarding communications
coordination, training, health and safety, fire prevention, public education, fire
investigations,and other activities that will enhance the ability of the Parties' fire departments
to fulfill their missions.
7. Incident Reporting. Each Party will be responsible for obtaining needed information to
complete fire reports for incidents within its respective jurisdiction. The assisting Party will
cooperate with the jurisdictional Party to provide necessary information. The following
guidelines will be followed for emergency incident reporting:
A. A National Fire Incident Reporting System(NFIRS)report will be completed for each
incident by each Party providing response to the incident scene.
B. The Party that receives aid under this Agreement will complete a NFIRS report and
show "Auto Aid Received."
C. The Party that gives aid under this Agreement must complete the necessary portion of
the NFIRS report and show"Auto Aid Given."
INTERLOCAL AGREEMENT FOR AUTOMATIC AID ASSISTANCE
FOR FIRE DEPARTMENT SERVICES BETWEEN CITY OF ROUND ROCK
AND TRAVIS COUNTY ESD No.2 3
8. Liabili1y.The Parties agree that the act of any person or persons while fighting fires,providing
rescue services, providing first response EMS services, traveling to or from any type of
emergency call or emergency scene, or in any manner furnishing services in accordance with
this Agreement, or any supplement thereto, shall be the act of the Party performing such acts.
The payment of any and all civil or other liability, including negligence, resulting from the
furnishing of services under this Agreement is the responsibility of the individual Party
performing such acts to the extent permissible by law. This shall specifically include, but not
be limited to,the payment of all court costs, expenses, and attorneys' fees resulting from any
such litigation. Each Party shall only be responsible for damages, injuries, or death to its
employees and volunteers while performing services under this Agreement. A Party shall not
be liable for benefits or any other compensation for injuries or death of the other Party's
employees or volunteers while performing services under this Agreement. An employee or
volunteer shall be deemed to be performing services when en route to, en route from or at the
scene of a call or emergency.
Specifically citing Texas Government Code Section 791.006(a-1), the Parties agree that, for
purposes of determining civil liability for non-party claims, the act of any person or persons
while fighting fires, providing rescue services, providing first response EMS services,
traveling to or from any type of emergency call or emergency scene, or in any manner
furnishing services in accordance with this Agreement,shall be the act of the Party performing
such act. The payment of any and all civil or other liability, including negligence, resulting
from the furnishing of services under this Agreement is the responsibility of the individual
Party performing such acts. This shall specifically include,but not be limited to,the payment
of all court costs,expenses,and attorneys' fees resulting from any such claim or lawsuit. The
Parties agree that the assignment of liability described in this Section 8 is intended to be
different than liability otherwise assigned under Section 791.006(a)of the Texas Government
Code.
9. No Third Party Beneficiaries.No term or provision of this Agreement is intended to,or shall,
create any rights in any person, firm, corporation, or other entity not a party hereto, and no
such person or entity shall have any cause of action hereunder,except as specifically set forth
herein.
10. Term.This Agreement shall commence upon signing by all Parties and shall continue in force
until , 20_, and shall automatically renew annually each following
year unless either Party desires not to renew this Agreement and furnishes written notice to
the other Party of its desire not to renew this Agreement not less than 60 days prior to renewal
date.
11. Termination. Notwithstanding anything stated herein to the contrary, either Party may
terminate this Agreement without cause by giving 60 days' written notice to the other Party.
This Agreement may not be modified or amended without the written agreement of both
Parties.
12. No Other Relationship. No term or provision in this Agreement is intended to create a
partnership,joint venture, or agency arrangement between and of the Parties.
INTERLOCAL AGREEMENT FOR AUTOMATIC AID ASSISTANCE
FOR FIRE DEPARTMENT SERVICES BETWEEN CITY OF ROUND ROCK
AND TRAVIS COUNTY ESD No.2 4
13. Current Revenues. Pursuant to Section 791.011(d)(3) of the Texas Government Code, each
Party performing services or furnishing 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 failure
to expend funds to provide aid hereunder.
14. No Waiver of Defenses. No Party to this Agreement waives or relinquishes any immunity or
defense on behalf of itself, its officers, employees, and agents as a result of the execution of
this Agreement and the performance of the covenants contained within.
15. Five Year Review. This Agreement shall be reviewed by all Parties every five years or as
deemed necessary.
16. Amendment. This Agreement may be amended only by the mutual written consent of the
Parties.
17. Governing Law and Venue.The Parties agree that this Agreement and all disputes arising there
under shall be governed by the laws of the State of Texas.
18. Notices. All notices, demands and requests, including invoices which may be given or which
are required to be given by either Party to the other, and any exercise of a right of termination
provided by this Agreement, shall be in writing and shall be deemed effective when: (i)
personally delivered to the intended recipient; (ii)three days after being sent, by certified or
registered mail, return receipt requested, addressed to the intended recipient at the address
specified below;(iii)delivered in person to the address set forth below for the Party to whom
the notice was given; (iv) deposited into the custody of a recognized overnight delivery
service such as Federal Express Corporation, Emery, or Lone Star Overnight, addressed to
such recipient at the address specified below; or (v) sent by facsimile, telegram or telex,
provided that receipt for such facsimile, telegram or telex is verified by the sender and
followed by a notice sent in accordance with one of the other provisions set forth above. For
purposes of this section, addresses for all notices are as follows (unless changed by similar
notice in writing given by the particular entity whose address is to be changed):
City of Round Rock
Attn: City Manager
221 E. Main Street
Round Rock,
Texas 78664
Phone: (512) 218-5410
With copy to:
Stephanie L. Sandre,City Attorney
309 E. Main Street
Round Rock, Texas 78664
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FOR FIRE DEPARTMENT SERVICES BETWEEN CITY OF ROUND ROCK
AND TRAVIS COUNTY ESD No.2 5
Travis County Emergency Services District No. 2
Attn: Fire Chief
203 East Pecan Street
Pflugerville,Texas 78660
Phone: (512)251-2801
With copy to:
John Carlton,Attorney for Travis Co.ESD No.2
4301 Westbank, Ste.B-130
Austin,Texas 78746
19. Default. Notwithstanding any other provisions of this Agreement to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or a breach of this Agreement if such failure to perform, delay or default arises out of causes
beyond the control and without the fault or negligence of the Party otherwise chargeable with
failure, delay or default; including but not limited to acts of God, acts of public enemy, civil
war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other
casualties,strikes or other labor troubles,which in any way restrict the performance under this
Agreement by the Parties.
20. Entire Agreement. This Agreement constitutes the entire agreement of the Parties regarding
the subject matter contained herein. The Parties may not modify or amend this Agreement,
except by written agreement approved by the governing bodies of each Party and duly
executed by both Parties.
21. Approval. This Agreement has been duly and properly approved by each Party's governing
body and constitutes a binding obligation on each Party.
22. Assignment. Except as otherwise provided in this Agreement, a Party may not assign this
Agreement or subcontract the performance of services without first obtaining the written
consent of the other Party.
23. Non-Appropriation and Fiscal Funding. The obligations of the Parties under this Agreement
do not constitute a general obligation or indebtedness of either Party for which such Party is
obligated to levy, pledge, or collect any form of taxation, and such obligations may be
terminated at the end of a Party's fiscal year if the governing body of such Party does not
appropriate sufficient funds to continue the services provided under this Agreement.
24. Non-Waiver. A Party's failure or delay to exercise a right or remedy does not constitute a
waiver of the right or remedy.An exercise of a right or remedy under this Agreement does not
preclude the exercise of another right or remedy. Rights and remedies under this Agreement
are cumulative and are not exclusive of other rights or remedies provided by law.
25. Paragraph Headings. The various paragraph headings are inserted for convenience of
INTERLOCAL AGREEMENT FOR AUTOMATIC AID ASSISTANCE
FOR FIRE DEPARTMENT SERVICES BETWEEN CITY OF ROUND ROCK
AND TRAvis COUNTY ESD No.2 6
reference only and shall not affect the meaning or interpretation of this Agreement or any
section thereof.
26. Dispute Resolution. If a dispute arises under this Agreement, the Parties agree to first try to
resolve the dispute by referring same to the Fire Chief of Round Rock and to the Fire Chief
of TCESD 2. Round Rock and TCESD 2 hereby expressly agree that no claims or
disputes between the Parties arising out of or relating to this Agreement or a breach thereof
shall be decided by any arbitration proceeding, including without limitation, any
proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state
arbitration statute.
27. Severability. The Parties agree that in the event any provision of this Agreement is declared
invalid by a court of competent jurisdiction that part of the Agreement is severable and the
decree shall not affect the remainder of the Agreement.The remainder of the Agreement shall
be and continue in full force and effect.
28. Open Meetings Act. The Parties hereby represent and affirm that this Agreement was adopted
in an open meeting held in compliance with the Texas Open Meetings Act (Tex. Gov. Code,
Ch. 551), as amended.
29. Counterparts. This Agreement may be executed in multiple counterparts which, when
taken together, shall be considered as one original.
30. Effective Date. This Agreement is made to be effective on the latest date accompanying the
signatures below.
[Signatures on the following pages.]
INTERLOCAL AGREEMENT FOR AUTOMATIC AID ASSISTANCE
FOR FIRE DEPARTMENT SERVICES BETWEEN CITY OF ROUND ROCK
AND TRAVIS COUNTY ESD No.2 7
APPROVED by the City Council, City of Round Rock,Texas, in its meeting held on the
day of , 2026,and executed by its authorized representative.
CITY OF ROUND ROCK,TEXAS
By: — M I
Craig Mor an, Ma r
FOR CITY,ATTEST:
_a I .11.�A 4
0411L
An Franklin,City Clerk
FOR CITY,APPROVED AS TO FORM:
000
Stephanie L. Sandre, City Attorney
INTERLOCAL AGREEMENT FOR AUTOMATIC AID ASSISTANCE
FOR FIRE DEPARTMENT SERVICES BETWEEN CITY OF ROUND ROCK
AND TRAvis COUNTY ESD No.2 8
APPROVED by the Travis County Emergency Services District No. 2 Board of
Commissioners in its meeting held on the_day of , 2024, and executed
by its authorized representative.
TRAVIS COUNTY EMERGENCY SERVICES DISTRICT NO.2
By:
President, Board of Commissioners
FOR TCESD NO. 2,ATTEST:
Secretary, Board of Commissioners
INTERLOCAL AGREEMENT FOR AUTOMATIC AID ASSISTANCE
FOR FIRE DEPARTMENT SERVICES BETWEEN CITY OF ROUND ROCK
AND TRAVIS COUNTY ESD No.2 9