R-97-07-10-10F - 7/10/1997WHEREAS, Chapters 418 and 791 of the Texas Government Code,
V.T.C.A., authorize local governments to enter into agreements with
one another to perform governmental functions and services, and
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
emergency services, and
WHEREAS, the Travis County Emergency Services District No. 2
has offered to enter into an Agreement for Mutual Aid with the
City, and
WHEREAS, the Council wishes to enter into said Agreement with
the Travis County Emergency Services District No. 2, 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 an Agreement for Mutual Aid with the Travis
County Emergency Services District No. 2 for fire protection and
emergency services, a copy of said Agreement being attached hereto
and incorporated herein for all purposes.
RESOLVED this 10th day of July, 1997.
Airi ST:
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x:\wemcs\RESOLUTI\RS70710F .wen /scg
LAND, Ci y Secretary
RESOLUTION NO. R- 97- 07- 10 -10F
44
CHARLES 11
1G PPER, Mayor
City of Round Rock, Texas
AGREEMENT FOR MUTUAL MD
STATE OF TEXAS §
COUNTY OF TRAVIS §
This Interlocal Agreement for Mutual Aid ( "Agreement ") is between the City of Round
Rock, a home rule city and municipal corporation ( "City") and Travis County Emergency
Services District No. 2, a political subdivision of the State created under the Texas Health and
Safety Code, Chapter 775 ( "District ").
RECITALS
The District and the City each desire to enter into this Agreement to secure mutual aid
services to prevent and fight fires, protect life and property, and provide emergency services.
The District and the City enter into this Agreement under the authority granted by the Texas
Government Code, Chapters 418 and 791.
To accomplish their objectives, the City and the District agree that:
MUTUAL AID RESPONSE
A. Upon receiving a request from an official of the Requesting Party, the Responding
Party will dispatch emergency services equipment and personnel to any location designated by
the Requesting Party that lies within the Requesting Party's jurisdiction.
B. The Responding Party's fire chief, or a designated representative, has sole and
absolute discretion to determine whether the Responding Party is capable of dispatching
emergency service equipment and personnel beyond the Responding Party's jurisdictional limits.
C. Any emergency services equipment and personnel dispatched under this
Agreement will be subject to the following conditions:
H:TCESD.1 /SSP /0.50897
1. Any request for mutual aid under this Agreement must specify the amount
and type of equipment and number of personnel requested and the location
to which the equipment and personnel are to be dispatched;
2. The Responding Party's fire chief, or a designated representative, has sole
discretion to determine the amount and type of equipment and the number
of personnel that will respond to the request for mutual aid;
3. The Responding Party's emergency services equipment and personnel
must report to the Requesting Party's officer in charge immediately upon
arrival at the location to which the emergency services equipment and
personnel were dispatched; and
4. The Responding Party's emergency services equipment and personnel
must be released by the Requesting Party when the Responding Party's
services are no longer required or when the Responding Party requests to
be released.
II.
EQUIPMENT AND PERSONNEL
All emergency services equipment used by the City and the District in carrying out this
Agreement must be owned by the City or the District, or under contract with the City or the
District to be used by them. All personnel acting for the City and the District under this
Agreement must be employees or volunteer members of the City or the District.
III.
LIABILITY
A. Any person's actions while providing emergency services, traveling to or from
emergency scenes, or otherwise acting under this Agreement, will be considered actions of the
Requesting Party in all respects. The payment of any and all civil liability resulting from
furnishing services under this Agreement is the responsibility of the Requesting Party to the
extent permissible by law, including, but not limited to, the payment of all court costs and
attorney's fees resulting from litigation.
B. The City and the District may not be held liable for the actions of their employees
or volunteer members while furnishing emergency services under this Agreement.
The City and the District expressly agree that neither is waiving, or may be deemed to
have waived, any immunity or defense that would otherwise be available to them against claims
arising in the exercise of their governmental powers and functions.
A Responding Party will not be reimbursed for any cost or expense incurred as a direct
result of emergency assistance provided under this Agreement unless the cost or expense is not
one normally incurred in the provision of emergency services.
H.TCESD.1 1SSP1050897
IV.
GOVERNMENTAL IMMUNITY
V.
REIMBURSEMENT
2
VI.
DEFINITIONS
A. "Emergency service" is any service provided by employees or volunteer members
of a party that is essential to health, life or the preservation of property and that requires
immediate action, including responding to a fire, preventing a fire, investigating a fire, assisting
with rescue operations, and providing emergency medical first responder service for medical
emergencies related to the sick or injured.
B. A "Requesting Party" is a party that requests mutual aid under the terms of this
Agreement from the other party.
C. A "Responding Party" is the party that is requested to provide mutual aid
emergency services under this Agreement.
This Agreement is for a period of 5 years, beginning May 8, 1997. The parties, upon
written agreement, may renew this Agreement for 1 additional 5 -year term.
Texas.
H•TCESD.1 /SSP /0.50847
VII.
TERM
VIII.
TERMINATION
Either party may terminate this Agreement by providing 30 days written notice of
termination to the other party. Notice must be mailed by certified mail, return receipt requested,
to the party's address listed below.
IX.
SEVERABILITY
If any one or more of the provisions contained in this Agreement are for any reason held
to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability
will not affect any other provision of this Agreement and this Agreement will be construed as
if the invalid, illegal or unenforceable provision had never been contained in it.
X.
VENUE
Venue for any action arising under this Agreement is in Travis or Williamson Counties,
3
XI.
APPLICABLE LAW
This Agreement will be construed under and in accordance with Texas law.
EXECUTED this ID day of JUI.,y , 1991! .
TRAVIS COUNTY EMERGENCY SERVICES
DISTRICT NO. 2
H:TCESD.I /SSP /050897
BY: 0. ..Le �JA1e .X
Ron Moellenberg, Fire Chief
Address: 201 East Pecan
Pflugerville, Texas 78691
CITY OF ROUND ROCK
4
BY.. /14�y14
Printed N$me! LthYLGL✓1-‘11
Title: mAyO,2,
Address: 8. M __ re
r 7(0
DATE: July 8, 1997
SUBJECT: City Council Meeting - July 10, 1997
ITEM: 10.F Consider a resolution authorizing the Mayor to execute a mutual aid
agreement with Travis County Emergency Services District No. 2.
STAFF RESOURCE PERSON: Lynn Bizzell
STAFF RECOMMENTATION:
The City of Round Rock, in conjunction with the Travis County Emergency Services
District No 2, have drafted a mutual -aid agreement for emergency services. The
agreement
is needed for responses outside our districts and when the Travis County Emergency
Services District No.2 acsists our city.
Mayor
Charles Culpepper
Mayor Pro -tem
Earl Palmer
Catcall Members
Robert Stluka
Rod Morgan
Rick Stewart
Martha Chavez
Jimmy Joseph
L3ty Merger
Robert L. Bennett k
atyAaomey
Stephan L. Sheets
CITY OF ROUND ROCK
221 East Main Street
Round Rock. Texas 78664
512 -218 -5400
July 15, 1997
Mr. Ron Moellenberg
Fire Chief
201 East Pecan Street
Pflugerville, TX 78691
Dear Mr. Moellenberg:
The Round Rock City Council approved Resolution No. R- 97 -07- 10 -10F
at their regularly scheduled meeting on July 10,1997.
Enclosed is a copy of the resolution and two originals of the Agreement
for Mutual Aid with the Travis County Emergency Services District No.
2 for your files. If you have any questions, please do not hesitate to call.
Sincerely,
Joanne Land
Assistant City Manager/
City Secretary
Enclosure(s)
Fax: 512- 218 -7097
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1. 800435 -2989 TDD . 1- 800. 735.2988 ice