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R-95-02-23-10I - 2/23/1995WHEREAS, 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 City of Austin 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 City of Austin 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 City of Austin Fire Department for fire protection, a copy of said Agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 23rd day of February, 1995. ATTEST: (1,/vvyu:, /a/nd_., KS /RESOLUTION RS50223I NE LAND, City Secretary RESOLUTION NO, R- L 5- 077- 23 1 P CHARLES CLT� ER, Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF TRAVIS AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION This Interlocal Agreement between the City of Austin, a home -rule city and municipal corporation (hereinafter, the "Austin "), and the City of Round Rock, a home -rule city and municipal corporation (hereinafter, the "Round Rock "), is for the purpose of securing to each the benefits of mutual aid in fire prevention, in the protection of life and property from fire, and in fire fighting. In order to obtain the considerations recited above, it is agreed that: I. TERM The term of this agreement shall be for five (5) years with the Parties having the option to renew this Agreement upon expiration of the five (5) year term for two (2) additional one (1) year terms. I1. SCOPE OF SERVICE Upon request to an official of the Responding Fire Department by an official of the Requesting Fire Department, fire fighting equipment and personnel will be dispatched to any point within the fire fighting jurisdiction of the Requesting Fire Department designated by an officer /official of the Requesting Fire Department. ITI. SERVICE AREAS It is agreed between Austin and Round Rock that the City of Austin's fire fighting services extend only to the City of Austin's corporate limits and to other areas that contract for fire fighting services from Austin. The City of Austin's corporate limits may change from time to time by annexation /disannexation of land. The February 1, 1995 1 City of Round Rock's fire fighting services extend only to the City of Round Rock's corporate limits and to other areas that contract for fire fighting services from Round Rock. The City of Round Rock's corporate limits may change from time to time by annexation /disannexation of land. IV. CONDITIONS Any dispatch of fire fighting equipment and personnel pursuant to this Agreement is subject to the following conditions: (a) Any request for aid hereunder shall include a statement of 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 and the number of personnel to be furnished shall be determined by an official of the Responding Fire Department. (b) The Responding Fire Department shall report to the Officer in charge of the Requesting Fire Department at the location to which the equipment is dispatched and shall be subject to the orders of that Officer. (c) The mutual aid rendered shall include fire fighting service, rescue service, and first response Emergency Medical Service, but will not include hazardous materials response services. A supplemental agreement may be entered into for a hazardous materials response. (d) The Responding Fire Department shall be released by the Requesting Fire Department when the services of the Responding Fire Department are no longer required or when the Responding Fire Department requests to be released. V. COMPENSATION A Party to this Agreement shall not be reimbursed by the other Party for any costs incurred pursuant to this Agreement. VI. EQUIPMENT AND PERSONNEL All equipment used by Austin and Round Rock in carrying out this Agreement will be owned by Austin or by Round Rock or under contract with Austin or Round Rock to be used by them. All personnel acting for Austin and Round Rock under this Agreement will be employees of the City of Austin or the City of Round Rock. February 1, 1995 2 VII. LIABILITY (A) The Parties agree that the act of any person or persons while fighting fires, providing rescue services, or providing first response EMS services, traveling to or from fires, or the emergency scene, or in any manner furnishing services in accordance with this Agreement, or supplement hereto, shall be considered as the act of the Party requesting the service in all respects. The payment of any and all civil liability resulting from the furnishing of services under this Agreement is the responsibility of the requesting Party to the extent permissible by law. This shall specifically include, but not be limited to, the payment of all court costs and attorney fees resulting from litigation. (B) It is expressly understood and agreed that Austin and Round Rock shall not be held liable for the actions of any of its employees while in any manner furnishing services hereunder. VIII. IMMUNITY OR DEFENSE It is expressly understood and agreed that, in the execution of this Agreement, neither the City of Austin nor the City of Round Rock waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of its governmental powers and functions. IX. TERMINATION BY ANY PARTY If for any reason any Party is unable to carry out the terms of this Agreement or it would become unduly burdensome for any Party to continue performing this Agreement, any Party shall have the option to terminate this Agreement upon thirty (30) days written notice to the officials and at the headquarters of the other Parties. X. SEVERABILITY If for any reason any one or more paragraphs of this Agreement are held invalid by a court of competent jurisdiction, such holding shall not affect, impair or invalidate the remaining paragraphs of this Agreement but shall be confined in its operations 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 February 1, 1995 3 any other instance. This Agreement is effective the date of the last signature hereto. FOR CITY OF ROUND ROCK By: Its: ATTEST Date: - a3 - 5 nne Land, City Secretary Date: - aJ " `75" APPROVED AS TO FORM: City Attorney City of Round Rock XI. EFFECTIVE DATE February 1, 1995 4 FOR CITY OF AUSTIN ATTEST .James Aldridge, City Clerk Date: /a //9 APPROVED AS r TO FORM: / i I 1 By '�Y V� - tom Assistant City Attorney City of Austin DATE: February 21, 1995 SUBJECT: City Council Meeting - February 23, 1995 ITEM: 10.I. Consider a resolution authorizing the Mayor to enter into a mutual aid agreement with the City of Austin Fire Department. STAFF RESOURCE PERSON: Lynn Bizzell STAFF RECOMMENDATION: The City of Round Rock, in conjunction with the City of Austin, have drafted a mutual -aid agreement for fire services. This agreement will be forwarded to the City of Austin once our approval has been confirmed. The agreement is needed for responses outside our districts and when the Austin Fire Department assists us. City of Austin Founded by Congress, Republic of Texas, 1839 Municipal Building, Eighth at Colorado, P.O. Box 1088, Austin, Texas 78767 Telephone 512/499 - 2000 April 26, 1995 Lynn Bizzell, Fire Chief Round Rock Fire Department 203 Commerce Round Rock, Texas 78664 Dear Lynn: Attached are two executed copies of the Agreement for Mutual Aid in Fire Protection between the City of Round Rock and the City of Austin. Also attached is a certified copy of the City of Austin resolution authorizing the Interlocal Agreement. If I can be of further service, please let me know. Sincerely, Robin Paulsgrove, Fire Chief Austin Fire Department 95 oa a3 - /O THE STATE OF TEXAS COUNTY OF TRAVIS k I, James E. Aldridge, City Clerk of the City of Austin, Texas, do hereby certify that the foregoing copy of a Resolution consisting of City Council of the City of Austin, March the 30th day of record in Minute Book 71 April , 1995 instrument is a true and correct 1 page(s), adopted by the Texas, at a regular meeting on , 19 95 , and appears of of the Minutes of said City Council. As on file in the City Clerk's Office this 17th day of R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Council authorizes an Interlocal Agreement with Round Rock to secure the benefits of mutual aid in fire prevention, in the protection of life and property from fire, and in fire fighting, for an initial term of five (5) years and a renewal term of two (2) additional one (1) year terms; and authorizes the City Manager or his designee to enter into said agreement on such additional terms and conditions as may be reasonable, necessary, or required. Austin Fire Department. ADOPTED: 111 , L 30 , 1995 ATTEST: CJH /em 3626 • James E. Aldrid City Clerk THE STATE OF TEXAS COUNTY OF TRAVIS AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION This Interlocal Agreement between the City of Austin, a home -rule city and municipal corporation (hereinafter, the "Austin "), and the City of Round Rock, a home -rule city and municipal corporation (hereinafter, the "Round Rock "), is for the purpose of securing to each the benefits of mutual aid in fire prevention, in the protection of life and property from fire, and in fire fighting. In order to obtain the considerations recited above, it is agreed that: I. TERM The term of this agreement shall be for five (5) years with the Parties having the option to renew this Agreement upon expiration of the five (5) year term for two (2) additional one (1) year terms. II. SCOPE OF SERVICE Upon request to an official of the Responding Fire Department by an official of the Requesting Fire Department, fire fighting equipment and personnel will be dispatched to any point within the fire fighting jurisdiction of the Requesting Fire Department designated by an officer /official of the Requesting Fire Department. III. SERVICE AREAS It is agreed between Austin and Round Rock that the City of Austin's fire fighting services extend only to the City of Austin's corporate limits and to other areas that contract for fire fighting services from Austin. The City of Austin's corporate limits may change from time to time by annexation /disannexation of land. The February 1, 1995 1 City of Round Rock's fire fighting services extend only to the City of Round Rock's corporate limits and to other areas that contract for fire fighting services from Round Rock. The City of Round Rock's corporate limits may change from time to time by annexation /disannexation of land. IV. CONDITIONS Any dispatch of fire fighting equipment and personnel pursuant to this Agreement is subject to the following conditions: (a) Any request for aid hereunder shall include a statement of 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 and the number of personnel to be furnished shall be determined by an official of the Responding Fire Department. (b) The Responding Fire Department shall report to the Officer in charge of the Requesting Fire Department at the location to which the equipment is dispatched and shall be subject to the orders of that Officer. (c) The mutual aid rendered shall include fire fighting service, rescue service, and first response Emergency Medical Service, but will not include hazardous materials response services. A supplemental agreement may be entered into for a hazardous materials response. (d) The Responding Fire Department shall be released by the Requesting Fire Department when the services of the Responding Fire Department are no longer required or when the Responding Fire Department requests to be released. V. COMPENSATION A Party to this Agreement shall not be reimbursed by the other Party for any costs incurred pursuant to this Agreement. VI. EQUIPMENT AND PERSONNEL All equipment used by Austin and Round Rock in carrying out this Agreement will be owned by Austin or by Round Rock or under contract with Austin or Round Rock to be used by them. All personnel acting for Austin and Round Rock under this Agreement will be employees of the City of Austin or the City of Round Rock. February 1, 1995 2 VII. LIABILITY (A) The Parties agree that the act of any person or persons while fighting fires, providing rescue services, or providing first response EMS services, traveling to or from fires, or the emergency scene, or in any manner furnishing services in accordance with this Agreement, or supplement hereto, shall be considered as the act of the Party requesting the service in all respects. The payment of any and all civil liability resulting from the furnishing of services under this Agreement is the responsibility of the requesting Party to the extent permissible by law. This shall specifically include, but not be limited to, the payment of all court costs and attorney fees resulting from litigation. (B) It is expressly understood and agreed that Austin and Round Rock shall not be held liable for the actions of any of its employees while in any manner furnishing services hereunder. VIII. IMMUNITY OR DEFENSE It is expressly understood and agreed that, in the execution of this Agreement, neither the City of Austin nor the City of Round Rock waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of its governmental powers and functions. IX. TERMINATION BY ANY PARTY If for any reason any Party is unable to carry out the terms of this Agreement or it would become unduly burdensome for any Party to continue performing this Agreement, any Party shall have the option to terminate this Agreement upon thirty (30) days written notice to the officials and at the headquarters of the other Parties. X. SEVERABILITY If for any reason any one or more paragraphs of this Agreement are held invalid by a court of competent jurisdiction, such holding shall not affect, impair or invalidate the remaining paragraphs of this Agreement but shall be confined in its operations 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 February 1, 1995 3 any other instance. FOR CITY OF ROUND ROCK By: Its: Date: - 95 ATTEST /Y1/1 a//GCA/ J ne Land, City Secretary Date: a- A3 -9,1 APPROVED AS TO FORM: I. 4 By t City Attorney City of Round Rock XI. EFFECTIVE DATE This Agreement is effective the date of the last signature hereto. February 1, 1995 4 FOR CITY OF AUSTIN ATTEST Date: /2//93 APPROVED AS TO FORM: dridge, ity Cl -..k By Assistant City Attorney City of Austin (10_10.. 0 City of Austin Founded by Congress, Republic of Texas, 1839 Municipal Building, Eighth at Colorado, P.O. Box 1088, Austin, Texas 78767 Telephone 512/499 -2000 February 2, 1995 Chief Lynn Bizzell Round Rock Fire Department 203 Commerce Street Round Rock, Texas 78664 Dear Chief Bizzell: Attached are four copies of the proposed Mutual Aid Agreement for fire protection services between the City of Round Rock and the City of Austin. After you have secured the appropriate signatures on the four copies, please return them to me and I will schedule them for our City Councils consideration, After the City of Austin signatures have been obtained, I will return two of the executed copies to you for appropriate disposition by the City of Round Rock. If I can be of further service, please let me know. Sincerely, Chief Robin Paulsgrove Austin Fire Department cc: Pieter Sybesma, Fire Contracts Administrator