R-93-03-25-9B - 3/25/1993ATTEST:
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RS03253B
E LAND, City Secretary
LAND, City Secretary
RESOLUTION NO. le-93-03
WHEREAS, the City of Council has determined that it would be
beneficial to the citizens of the City to secure the benefits of
mutual aid from nearby fire departments for fire protection, and
WHEREAS, the Fort Hood Fire Department has offered to enter into
a Mutual Aid Agreement with the City, and
WHEREAS, the Council wishes to enter into said Agreement with
the Fort Hood Fire Department, 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 Agreement with the Fort Hood Fire
Department for fire protection, a copy of said Agreement being
attached hereto and incorporated herein for all purposes.
RESOLVED this 25th day of March, 1993.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
DEPARTMENT OF THE ARMY
MUTUAL AID AGREEMENT (US)
This agreement, entered into this C day of March, 1993,
between the Secretary of the Army acting according to the authority of
Section 1856, Title 42, United States Code and the City of Round Rock
( "City "), is to secure for each the benefits of mutual aid in fire
prevention, the protection of life and property from fire and fire
fighting. It is agreed that:
a. On request to a representative of the Fort Hood Fire
Department by a representative of City, fire fighting equipment and
personnel of the Fort Hood Fire Department will be dispatched, when
available, to any point within the area for which City normally
provides fire protection as designated by the representative of City.
b. On request to a representative of City by a representative
of the Fort Hood Fire Department, fire fighting equipment and
personnel of City will be dispatched, when available, to any point
within the fire fighting jurisdiction of the Fort Hood Fire
Department.
c. Response to calls for aid will be made only when the request
is made by one of the following officials. Each party will inform the
other concerning the identity of the persons holding the office.
(1) Any Fire Chief of cities having agreements with Fort Hood or
Installation Fire Chief or the ranking Assistant Fire Chief
in the absence of the Fire Chief.
(2) City Civil Defense Coordinator or Installation Fire Marshal.
(3) The Mayor of the City or the Installation Commander.
d. The rendering of assistance under the terms of this
agreement shall not be mandatory, but the party receiving the request
for assistance should immediately inform the requesting department,
if, for any reason, assistance cannot be rendered.
e. Any dispatch of equipment and personnel pursuant to this
agreement is subject to the following conditions:
(1) Any request for aid under this agreement will specify the
location to which the equipment and personnel are to be
dispatched; however, the amount and type of equipment and
number of personnel to be furnished will be subject to the
orders of the official.
FORTHOOD
(2) The responding organization will report to the officer in
charge of the requesting organization at the location to
which the equipment is dispatched and will be subject to the
orders of the official.
(3) A responding organization will be released by the requesting
organization when the services of the responding
organization are no longer required or when the responding
organization is needed within the area for which it normally
provides fire protection.
(4) If a crash of aircraft owned or operated by the United
States or military aircraft of any foreign nation occurs
within the area for which City normally provides fire
protection, the Chief of the Fort Hood Fire Department or
his or her representative may assume full command on arrival
at the scene of the crash.
f. Each party hereby waives all claims against every other
party for compensation for any loss, damage, injury, or death
occurring as a consequence of the performance of this agreement except
those claims authorized under 15 U.S.C. 2210.
g. Each party agrees to reimburse the other, either in cash or
in kind, for any supplies or equipment used, lost, or damaged as a
result of fire fighting operations for or on behalf of the other
party, except that neither party may claim reimbursement for any loss
or damage occurring prior to arrival at the fire ground. The amount
of reimbursement will be determined by agreement between the parties.
h. Any dispute as to reimbursement for supplies or equipment
under paragraph g. will be resolved by arbitration except as provided
in paragraph i. below. Each party will appoint a disinterested
representative and these representatives will, in turn, select a third
party. These three persons will determine the amount of reimbursement
due. Each appointee will be paid an amount not to exceed $25.00. The
total cost of the arbitration will be split equally by the two parties
hereto. The decision of the arbitration board will be final.
i. Claims against the United States by City for the amount of
direct expenses and direct loses incurred by City for engaging in the
fighting of a fire on property which is under the jurisdiction of the
United States will be resolved under the provisions of 15 U.S.C.
2210, notwithstanding paragraph h. above.
j. City will be responsible for the protection of Fort Hood
fire fighting equipment and crews and Explosive Ordinance Disposal
personnel while in City during civil disturbance prior to
authorization of Federal intervention.
k. The chief, fire officers, and personnel of the fire
departments of both parties to this agreement are invited and
encouraged, on a reciprocal basis, to frequently visit each other's
activities for guided familiarization tours consistent with local
security requirements and, as feasible, to jointly conduct prefire
planning inspections and drills.
1. The technical heads of the fire departments of the parties
to this agreement are authorized and directed to meet and draft any
detailed plans and procedures of operation necessary to effectively
implement this agreement. Such plans and procedures of operations
2.
shall become effective upon ratification by the signatory parties.
m. All equipment used by City in carrying out this agreement
will, at the time of action hereunder, be owned by City; and all
personnel acting for City under this agreement will, at the time of
such action, be an employee or volunteer member of the City Fire
Department. Service by an individual acting for City in connection
with this agreement will not constitute such individual as an officer
or employee of the United States. Any service performed by Army
personnel, civilian or military, in connection with this agreement
will constitute service rendered in the line of duty.
n. This agreement shall become effective upon the date hereof
and remain in full force and effect until cancelled by mutual
agreement of the parties hereto or by written notice by one party to
the other party, giving thirty (30) days notice of said cancellation.
Signed: 7 4f . t
Attest.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
E LAND
ty Secretary
3.
Signed:
H. G. TAYLOR
Lieutenant General, USA
Commanding
DATE: March 23, 1993
SUBJECT: City Council Meeting, March 25, 1993
ITEM: 9.8 Consider a Resolution Authorizing the Mayor to enter into
a Mutual Aid Agreement with Fort Hood Fire Dept.
STAFF RESOURCE PERSON: Lynn Bizzel I
STAFF RECOMMENDATION:
The Mutual -Aid Agreement is a document utilized in the event our City
needs assistance from the Fort Hood Fire Department, during an
emergency. This document will be kept on file with the City, and Fort
Hood Fire Department. Staff recommends the approval.
Mayor
Mike Robinson
Mayor Pro -tem
Jimmy Joseph
Council Members
Robert Stluka
Rod Morgan
Rick Stewart
Earl Palmer
Martha A. Chavez
City Manager
Robert L. Bennett, Jr.'
City Attorney ' •
33,y Stephan L. Sheets -
April 5, 1993
Dear Sir:
Sincerely,
Joanne Land
Assistant City Manager/
City Secretary
JL:km
THE CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
512-255-3612
III Corp. Ft. Hood
Director of Engineering and Housing
Ft. Hood Fire Department
Ft. Hood, Texas 76544 -5057
Resolution No. R- 93- 03 -25 -9B was approved by the Round Roc
City Council on March 25, 1993.
Enclosed is a copy of the resolution and 2 original.agreemerits:`
Please sign and return one original agreement to us. If you'.'
have any questions, please do not hesitate to call.
Fax 512-255-6676' 1,800. 735= 2989(TDD) •',.1- 800. 735- 2988( c