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HomeMy WebLinkAboutItem 07 - Mutual Aid for Fire Investigationsire. ,�_. MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER /4,V MEETING DATE: SEPTEMBER 21, 2004 SUBJECT: MUTUAL AID FOR FIRE INVESTIGATIONS RECOMMENDATION: City Council to consider authorizing the City Manager to enter into an Interlocal agreement for the purpose of Mutual Aid Fire Investigation with those cities or entities who adopt said agreement. FUNDING SOURCE: Cost related to providing of personnel and resources will be the responsibility of the responding member city and in most cases will be absorbed through normal operations. BACKGROUND: The interlocal agreement will replace an existing one which has become outdated with respect to the scope of fire services provided by the Fire Department. The current document has been revised to meet new standards of service provided by the Fire Departments. These services include multi -city fire investigation team participation for large-scale fires. Staff recommends approval. in THE STATE O, TEXASI INTERLOCAL ASSISTANCE AGREEMENT FOR This agreement is entered into by and between the city, county or other governmental agency that is signatory to this agreement, all being either municipal corporations, county government, or some other political subdivision chartered or established by the Constitution of the State of Texas, hereinafter referred to as "member agencies" or "Party", and each acting through their duly authorized elected representatives. This agreement supersedes and shall be controlling over all other interlocal agreements for fire, arson or explosion investigation between any of the member agencies, and all other such agreements are specifically repealed in whole. WITNESSETH WHEREAS, the governing officials of the member agencies and political subdivisions of the State of Texas, desire to secure for each member agency or political subdivision the benefits of mutual aid in the protection of life and property from fire or explosion by entering into this interlocal agreement for establishing investigative resources to conduct the cause and origin investigation of a fire or explosion and perform any latent criminal investigations resulting from said fire or explosion incident. WHEREAS, there is a need for investigative cooperation for suspected arson cases in Tarrant County and the surrounding Counties; and WHEREAS, the parties hereto have determined that the best possible method for attacking the crime of arson within Tarrant County and the agencies within the - surrounding Counties, to include Dallas, Denton, Ellis, Johnson, and Parker County is an agreement establishing such cooperation; and WHEREAS, the parties desire to enter into this agreement to provide investigative cooperation in connection with arson or suspected arson cases; and WHEREAS, each participating agency is authorized to perform the services contemplated for it herein; NOW, THEREFORE, the parties do hereby agree as follows: Page 2 of 3 1. The Parties hereto execute this agreement for the purpose of providing fire and arson investigation and prosecutorial capabilities to each other as the need arises. 2. The Tarrant County Fire Marshal shall be the Coordinator of the investigative task force created by this agreement and his office shall be the central repository for the documents executing such agreements. 3. Any request for investigative assistance by one party to another party under the terms of this agreement does not obligate that party to respond if resources are not available. The availability of any officer to respond to a request for assistance shall be determined by the party responding to the request. 4. When requested by a party, any other party to this agreement shall provide available members of its arson investigation unit to assist in the cause and origin investigation of a fire or explosive incident and provide such other investigative assistance that is necessary for the prosecution of any criminal activity associated with the incident. While engaged in such activities, employees of the responding party shall be under the direction and supervision of the requesting party's officer in charge of the investigation process. 5. While performing tasks under this agreement, employees of the responding Party shall be vested with all arson investigative and police powers of the requesting Party's officer - in -charge. 6. In performing its duties under this agreement, each party will comply with all necessary Federal, State, and local laws, rules and regulations, including those relating to the disposal of property acquired from grant funds. 7. The party that regularly employs the investigative officer shall be responsible for all salary, disability and pension payments, injury or death benefits, workers compensation benefits, damages to equipment and clothing of the officer while he or she is involved in activities pursuant to this agreement, the same as though the services had been rendered within the limits of the jurisdiction wherein he or she is regularly employed. The requesting Party shall have no obligation to reimburse the responding Party for such cost. 8. In the event that any person performing services pursuant to this Agreement shall be cited as a party to any civil lawsuit, State or Federal, arising out of performance of those services, he or she shall be entitled to the same benefits that he of she would be entitled to receive if such civil action had arisen out of performance of duties as a member of the department or agency where he or she is regularly employed and in the jurisdiction of the party by which he or she is regularly employed. 9. Each Party to this agreement expressly waives all claims against the other Party for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of this agreement. Page 3 of 3 10. It is expressly understood that when an employee or volunteer of the responding member agency is performing duties under the terms of this agreement, that the person is considered to be acting in the line of duty for the purposes of 42 U.S.C.A., Section 3796; is considered to be in performance of duties within the provisions of Chapter 615, Texas Government Code and Chapter 142, Texas Local Government Code; and shall be entitled to any other benefits which accrue under law as a result of injury or death, or loss which occurs while in the line of duty. 11. A party to this agreement may withdraw from it only after providing not less than ninety (90) days written notice of same to the Tarrant County Fire Marshal who is acting as the central repository of all agreements between member agencies. 12. This agreement when signed into effect by the elected official of each member agency will authorize that agency to be placed on "Member's Agency List", which will hereafter be known as Exhibit "A" and will constitute a listing of agencies whose fire and arson investigative personnel will constitute the man -power pool of Arson Task Force Members who are in compliance with by-laws of the Tarrant County Fire and Arson Investigators Association. ATTEST: APPROVED: City Secretary Mayor On this the day of 2004 AD APPROVED AS TO FORM: City Attorney EXHIBIT "A" List of member agencies entering into the agreement. AGENCY 1. 2. 3.