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R-07-04-26-12C1 - 4/26/2007 RESOLUTION NO. R-07-04-26-12C1 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 the benefits of mutual aid from nearby fire departments for fire protection and emergency services, 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 an Agreement for Mutual Aid in Fire Protection and Other Emergency Services Response, 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. RESOLVED this 26th day of April, 2007 . @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R70426C1.WPD/rmc )zv/::: 7 LE ELL, Mayor City of Round Rock, Texas A ST; CHRISTINE R. MARTINEZ, City S retary 2 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION AND OTHER EMERGENCY SERVICES RESPONSE This Agreement between the fire departments and other entities who are members of the Williamson County Fire Chiefs Association (WCFCA) and who have indicated their approval by signature hereto, is for the purpose of securing to each, both jointly and individually, the benefits of mutual aid in the protection of life and property from fire, and other man made or natural disaster. It is agreed that. 1. The term of this Agreement shall be for one (1) year with automatic annual renewal. An individual department or departments in accordance with the provisions of paragraph 12 may terminate this Agreement. Termination by an individual department(s) will not affect the validity of this Agreement among the remaining departments. 2. Upon request to an official of the Responding Department by an official of the Requesting Department,fire fighting or other equipment and qualified personnel will be dispatched to any point within the jurisdiction of the Requesting Department- 3. All departments represented in this Agreement will use the National Incident Management System (NIMS) when participating in mutual aid responses. 4. All departments represented in this agreement will use the recognized passport/accountability system when participating.in mutual aid responses. 5. Any dispatch of 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 nature of the aid requested, the amount and type of equipment and the number of personnel requested. It shall specify the location to which the equipment and personnel are to be dispatched, however the Responding Department official shall determine the amount and type of equipment and personnel to be furnished,if any. b. The Responding Department shall report to the officer in charge of the Requesting Department at the location to which equipment and WCFCA tnteriocaMutual Aid Agreement 051106 Page 1 of 5 EXHIBIT -All Tll Personnel are dispatched and shall be subject to orders of that official. C. If the request for aid is for EMS first responders, the Responding Department will insure that only personnel certified by the Texas Department of State Health Services as Emergency Care Attendants(ECA)or Emergency Medical Technicians (EMT, EMT-I or EMT-P)will treat patients. d. The Responding Department shall be released by the Requesting Department when the services of the Responding Department are no longer required or when the Responding Department is needed within the area for which it normally provides emergency service. 6. Neither party shall be reimbursed by any other department for any expenses or losses incurred pursuant to this Agreement unless a prior understanding has been reached regarding reimbursement for, or replacement of,specific items or expenses. 7. Responding Departments shall maintain and use their own insurance to cover equipment and personnel employed in response.to this agreement. 8. All equipment used by the Responding Department.in carrying out this Agreement will, at the time of action hereunder, either be owned by it, or under its unrestricted operational control. All personnel provided by the Responding Department shall be either an employee or volunteer of that department. 9. Responding Departments shall comply with all applicable FederalState County and local governmental laws,regulations and ordinances. , 10. The parties hereto agree that the act of any individuals or entities 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 fiunishing services in accordance with this agreement, or supplement thereto, shall be the act of the party performing such accts. 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 or entity 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,attorney's fees resulting from any such litigation. 11. It is expressly understood and agreed that in the execution of this Agreement, neither the Responding nor Requesting Department waives, nor shall be deemed hereby to waive,any immunity or defense that would LVCFCA Intedocamuwal Aid Agreement 051106 Page 2 of 5 otherwise be available to, or its personnel, whether volunteer or paid, under any applicable law, statute, rule, or regulation, including, but not limited to,the Texas Tort Claims Act. 12. If for any reason any department is unable to cavy out the terms of this Agreement, or it would be unduly burdensome for any department to continue performing this Agreement, such department shall have the option to terminate (withdraw from)this Agreement upon thirty(30) days written notice to officials at the headquarters of the other departments and to the Secretary of the WCFCA. 13. 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. 14. The original of this Agreement with original signatures will be kept in the custody of the Secretary of WCFCA and will be made available for inspection upon demand by any department signing hereto. 15. This effective date of this Agreement for any department is the date that an official of that department has signed this Agreement. ** The Rest of this Page is Intentionally Left Blank** WCFCA Interhx0mutual Aid Agreement o591o6 Page 3 of 5 For Bartlett Fire Department For Liberty Hill Fire Department f Name acw Tide1�� I't� 1-�r t� in ted NaTD d Title 19 Ufa and Date �J11''d Q '� ^ ✓ lP ature a For Cedar park Fire Department For Round Rock Fire Department(City) Pn�Met Name Lf r�1e Printed Nie and Title Signature and Date s and D ft For Coupland Fire Department For Round Rock Fire Department(Vol.) PrintedWeand TitleT�sL ^ ��� •� Printed a T o- Signature a Date t3 Signature and Date For Florence Fire Department For Sam Bass Fire Department Printed Name and Title Printed a Tide ignatur�s and Date lam" signature and Data For Georgetown Fire Department ��'- For Taylor Fire Department(City) .AWUA�11 T a t�1le,�� r r121� ��l R f' Printed Name and Tide ate S- ► t 8-9 Signature and Date WCFCA IntedocaUMutual Aid Agreement o511oe Page 4 of 5 For Granger Fire Department For Taylor Fire Department(Vol.) Pnnted and r /t-�,tf - 4179M' ' de gnature and Dateand Date For Hutto Fire Department For Thorndale Fire Department Printed!Name and TjUe Prkdad Name and Tide –�4- — c� 06 Signature and Dabs Signature and Date For Jarrell Fire Department For Thrall Fire Department rL i ' +^ knaWrre Printed Name and Tidend TS,� and Dat �ate For Jollyville Fire Department For Weir Fire Department N1. (?ACO ht w CNrEt, �.t/• C.-4Y,,,-L ,ager Cdi Name and Tide P Name and Tide "`�� 1 Y o6 S nature and DataSig re For Leander Fire Department Printed Na and Title JS atu and Date 6 WCFCA Interlocal/Mutual Aid Agreement 051106 Page 5 of 5 DATE: April 19, 2007 SUBJECT: City Council Meeting - April 26, 2007 ITEM: 12.C.1. Consider a resolution authorizing the Mayor to execute an agreement for Mutual Aid for fire service between the City of Round Rock Fire Department and the Williamson County Fire Chiefs Association (WCFCA). Department: Fire Department Staff Person: Larry Hodge, Fire Chief Justification: Staff recommends the approval of this agreement between City of Round Rock and the WCFCA. This agreement would allow joint operation of fire services that would be mutually beneficial to all mention parties. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information• This agreement was reached between the members of the WCFCA for Mutual Aid for fire services and is being presented to the City Council for approval. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS THE STATE OF TEXAS § COUNTY OF WHIJAMSON § AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION AND OTHER EMERGENCY SERVICES RESPONSE This Agreement between the fire departments and other entities who are members of the Williamson County Fire Chiefs Association (WCFCA) and who have indicated their approval by signature hereto, is for the purpose of securing to each, both jointly and individually, the benefits of mutual aid in the protection of life and property from fire, and other man made or natural disaster. It is agreed that: 1. The term of this Agreement shall be for one (1) year with automatic annual renewal. An individual department or departments in accordance with the provisions of paragraph 12 may terminate this Agreement. Termination by an individual departments) will not affect the validity of this Agreement among the remaining departments. 2. Upon request to an official o�fi Responding Department by an official of Requesting Department, fighting or other equipment and qualified personnel will be dispatched to any point within the jurisdiction of the Requesting Department. 3 All departments represented in this Agreement will use the National Incident Management System W MS) when participating in mutual aid responses. 4. All departments represented in this agreement will use the recognized passport/accountability system when participating in mutual aid responses. 5. Any dispatch of 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 nature of the aid requested, the amount and type of equipment and the number of personnel requested. It shall specify the location to which the equipment and personnel are to be dispatched, however the Responding Department official shall determine the amount and type of equipment and personnel to be furnished,if any. b. The Responding Department shall report to the officer in charge of the Requesting Department at the location to which equipment and WCFCA InterkxaUMuKW Aid Agreement 051106. Page 1 of 5 R-�r�-�T'atl0"'�p�t✓� personnel are dispatched and shall be subject to orders of that official. C. If the request for aid is for EMS first responders, the Responding Department will insure that only personnel certified by the Texas Department of State Health Services as Emergency Care Attendants(ECA)or Emergency Medical Technicians (EMT, EMT-I or EMT-P)will treat patients. d. The Responding Department shall be released by the Requesting Department when the services of the Responding Department are no longer required or when the Responding Department is needed within the area for which it normally provides emergency service. b. Neither party shall be reimbursed by any other department for any expenses or losses incurred pursuant to this Agreement unless a prior understanding has been reached regarding reimbursement for, or replacement of, specific items or expenses. 7. Responding Departments shall maintain and use their own insurance to cover equipment and personnel employed in response.to this agreement. 8. All equipment used by the Responding Department.in carrying out this Agreement will, at the time of action hereunder, either be owned by it, or under its unrestricted operational control. All personnel provided by the Responding Department shall be either an employee or volunteer of that department. 9. Responding Departments shall comply with all applicable Federal, State County and local governmental laws,regulations and ordinances. 10. The parties hereto agree that the act of any individuals or entities while fighting fires, providing rescue services, providing first response EMS services, traveling to or from any type of emergency call or emergency scene, or m any manner fiunishmg services in accordance with this agreement, or 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 or entity 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,attorney's fees resulting from any such litigation. 11. It is expressly understood and agreed that in the execution of this Agreement, neither the Responding nor Requesting Department waives, nor shall be deemed hereby to waive,any immunity or defense that would WCFCA InWdOc8 Mutual Aid Agreement 051106 Page 2 of 5 otherwise be available to, or its personnel, whether volunteer or paid, under any applicable law, statute, rule, or regulation, including, but not limited to,the Texas Tort Claims Act. 12. If for any reason any department is unable to carry out the terms of this Agreement, or it would be unduly burdensome for any department to continue performing this Agreement, such department shall have the option to terminate (withdraw from)this Agreement upon thirty(30) days written notice to officials at the headquarters of the other departments and to the Secretary of the WCFCA. 13. 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. 14. The original of this Agreement with original signatures will be kept in the custody of the Secretary of WCFCA and will be made available for inspection upon demand by any department signing hereto. 15. This effective date of this Agreement for any department is the date that an official of that department has signed this Agreement. ** The Rest of this Page is Intentionally Left Blank** WCFCA IMedom Mutmi Aid Agreement 051106 Page 3 of 5 For Bartlett Fire Department For Liberty Hill Fire Department _D(ma5 -el I 1,41AJ, r1k6 ewl Er Name and Title � to Vyc j;;AOe naw and Date atu For Cedar Park Fire Department For Round Rock Fire Department(City) Al JD#AWF, P�J��me Title Pri �t Signature and Date $• Doe For Coupland Fire Department For Round Rock Fire Department(Vol.) Printed NI-M-and-TRW Primed T fp . Signature 41`d a Date Signature and Date For Florence Fire Department For Sam Bass Fire Department Printed Name and'Tide20antMed w• /�•� Ns Nf }fprj a Idle ignature and DatelB �� gnaureand Data For Georgetown Fire Department For Taylor Fire Department(City) Aignamimm i irie.�.J fJJ2 C,11,'/' fLT a T e Tvteu 'A- F-ar>t3a Z Printed Name a�n/d Tdle Date S' nature and Data WCFCA Interloc aumutual Aid Agreement 051106 Page 4 of 5 For Granger Fire Department For Taylor Fire Department(Vol.) / 6; a Printed and T Printed'tVame ride gnature and Date Qr6ea,d Date For Hutto Fire Department For Thiorndale Fire Department Mark Moe-166-,r C44 Printed Nafwand Title U Printed Name and Title SS_f�► V""'��� i t t- deo gnatun3 1 and Date Signature and Date For Jarrell Fire Department For Thrall Fire Department -f-.3 ZAII, J.Ij Pr�imend Name and Title Printed and rwq SignA& &bWe nature Ad Date For Jollyville Fire Department For Weir Fire Department �o � klirZA W F,: FI l-F 0416 .r�� P Name and Title Name and Title nature and / b S9 are A v r� Bw For Leander Fire Department tited and Tide XIMAZI— _a and Date WCFCA InterkmaUMutual Aid Agreement 051106 Page 5 of 5