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HomeMy WebLinkAboutItem 02 - Mutual Aid Agreement ���� � � r MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 2 FROM: BRUNO RUMBELOW, CITY MANAGER � MEETING DATE: JULY 1, 2008 SUBJECT: MUTUAL AID FIRE & EMERGENCY MEDICAL SERVICES AGREEMENT RECOMMENDATION: Authorize the City Manager to sign an agreement between the 14 cities comprising the Northeast Fire Department Association to provide mutual aid fire protection and emergency medical services. Fire Chief recommends approval. BACKGROUND: This agreement authorizes mutual aid fire and EMS response between the 14 cities comprising the Northeast Fire Department Association (NEFDA). The cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, North Richland Hills, Richland Hills, Roanoke, Southlake, Trophy Club, Watauga, and Westlake provide mutual aid assistance between the respective cities in all fire, EMS and many specialized response needs including hazardous materials, specialized rescue, mass casualty and explosives responses. SB � June 26, 2008 (11:19AM) Mutual Aid Fire Protection � Emergency Medical Services Agreement The State of Texas Tarrant County This agreement is made and entered into by and between the cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, North Richland Hills, Richland Hills, Roanoke, Southlake, Trophy Club, Watauga, and Westlake, herein referred to as "Parties". This group of cities is also known as the Northeast Fire Department Association. It is mutually agreed that the Parties desire to enter into a mutual aid agreement for fire protection and emergency medical services wherein the equipment, facilities and trained personnel of each Parties city are available to the Parties in this mutual aid agreement on a requested basis. Now therefore, that it is agreed that in consideration of the mutuaf covenants, agreements and benefits to all Parties it is hereby agreed as follows: I. Scope of Services As used herein, the term "Responding City" shall mean the City receiving a request for assistance outside of its boundaries pursuant to this Agreement. "Requesting City" shall mean a city seeking assistance outside of its boundaries pursuant to this Agreement. During the term of this agreement, the Parties agree to provide, upon request, such fire protection and suppression personnel and equipment and emergency medical assistance and personnel and equipment that may be needed to assist in an emergency as long as that request does not affect the ability of the Responding City to provide emergency services within its own boundaries as determined by the Responding City's Fire Chief or his designee. It is expressly understood that such mutual aid requests shall be made to the Responding City's Fire Chief or his designee. The Parties agree that a request will only be made when an emergency occurs that requires assistance or when it is determined by the Requesting City and Responding City that it is mutually beneficial to provide assistance that is not of an emergency nature. The Parties agree: a. To maintain the work force and equipment needed to sufficiently control fires or other eme�gencies common to the saving of lives and property which are likely to occur within their respective jurisdictions: b. To maintain an emergency action plan for activating personnel within their respective jurisdictions; c. To maintain established procedures to handle emergencies; d. To provide all Parties with the current resources available to each respective City by type, staffing, and function that could be requested in an emergency. e. A!I Parties must utilize the Incident Command System (ICS) and be National Incident Management System (NIMS) compliant. II. Direction and Control The requested fire service or emergency medical equipment and personnel of the Responding City shall be under the direction and control of their own Officers/Supervisors, operating within the ICS, throughout the entire incident or emergency. The Officer/Supervisor shall report to the Command Post of the Requesting City for assignment and shall operate under the direction of the Incident Commander (IC). The fact that the tasks at hand in an emergency are dangerous in nature must always be considered and as such if the Responding City, providing mutual aid, determines that the request is unsafe, the respective City's Officer/Supervisor will take the appropriate action to assure their crews are as safe as possible. If an action is deemed to be unsafe, the IC will be informed and the respective OfficeNSupervisor shall take actions necessary to protect their respective crew(s). 111. Equipment and Consumable Goods The condition of the equipment must be the sole responsibility of its owner. If the equipment is damaged or destroyed during the Incident, the financial responsibility is the owner's which may be recovered through insurance acquired by the owner or any other resource available to the owner. Any consumable resources may be reimbursed by or through the IC's jurisdiction (Requesting Party) provided that sufficient funds have been appropriated for said purpose or if consumables can be recovered from the property owner or purveyor. The affected jurisdiction has a right to recover any and all costs of an incident from any resources available. If such recovery is possible, the Requesting City shall notify mutual aid Responding City of such possibility. In the event the incident receives a Disaster Declaration from the State or Federal Government, the jurisdictions involved shall be subject to local, state, and federal laws and regulations. IV. Term of Agreement/Consideration 4.01 Term. The terms of the Agreement shall become effective upon approval by the governing body for each respective Party hereto and shall remain in effect for an initial term of one (1) year commencing upon the date of each Party's signature below, which term shall renew automatically annually upon the anniversary date of this Agreement unless earlier terminated by a Party as provided herein. If a Party desires to opt out, the Party must give a 90 day notice of such intent. If a Party opts out, the agreement remains intact for the rest of the Parties. Adding Parties to the agreement will not affect the terms of the agreement. 4.02 Consideration. The Parties agree that sufficient consideration for this Agreement exists and is found in the cross promises set forth above and other good and valuable consideration. Each Party hereto paying for the performance of governmental functions or services shall make such payments from current revenues legally available to the paying Party. Each Party further agrees that it is fairly compensated for the services or functions performed under the terms of this Agreement. V. Amendments .��. This Agreement can be amended or replaced by a majority of the Parties. All of the Parties must be notified in writing within 30 days and an open forum must be held in which all of the Parties have been invited ta attend. The Amendment will not be effective to any Party that does not agree. VI. Compliance with All Applicable Laws The Parties shall observe and comply with all Federal, State, local laws, rules, ordinances, and regulations affecting the conduct or services provided and their performance of all obligations undertaken by this Agreement. VII. Legal Considerations All tocal, State and Federal Laws shall supersede any provisions made in this Agreement. Any provision so effected will not negate the rest of the Agreement. In case any one or more of the provisions contained in this agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, unenforceable provision had never been contained herein. Venue for any proceeding under this Agreement shall be in Tarrant County, Texas. This agreement shall become binding and effective as to each individual Party upon signature by an authorized representative of such individual Party. VIII. Liability/ Governmental Immunity All civil liability arising from the furnishing of fire/EMS protection services under this Agreement shall be assigned to the Party actually providing the equipment, services, and manpower pursuant to Texas Government Code, Section 791.006 (a-1) and the assignment of liability is intended to be different than liability otherwise assigned under Texas Government Code, Section 791.006 (a). Notwithstanding the foregoing, the fact that Parties hereto accept certain responsibilities relating to the rendering of Fire Protection and Emergency Medical Services under this Agreement as part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. No Party hereto waives any immunity or defense that would othenNise be available to it against claims arising from the exercise of governmental powers and functions. IX. Insurance Each Party shall provide liability insurance to cover the acts and omissions of its respective officers, employees, and agents' obligations under this Agreement, including but not limited to all personnel providing Fire Protection and Emergency Medical Services as set forth herein. X. Non-Waiver All rights, remedies and privileges permitted or available to any Party under this Agreement or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or �'��'�'' privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the any Party in the enforcement of any such right, remedy or privilege against any other Party, shall not constitute a waiver of such right, remedy or privilege by the forbearing Party. A default by any Party under this Agreement shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by such defaulting Party. XI. Signature Authority The undersigned officer and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the Parties hereto and each Party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. CITY OF GRAPEVINE ��. City Manager Date ATTEST: City Secretary APPROVED AS TO FORM: City Attorney