Resolution 2011-08 �, RESOLUTION NO. 2011-08(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL
AGREEMENT BY AND BETWEEN THE CITY OF ROCKWALL AND
THE CITY OF WYLIE FOR MUTUAL AID.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, an Interlocal Agreement by
and between the City of Rockwall and the City of WYLIE, Texas for Mutual Aid,
SECTION 2 : This Resolution shall take effect immediately upon its passage.
�
RESOLVED THIS THE 22 day of March, 2011.
� ��:
ERIC HOGUE, yor
'� �F �
`� .��r � t�
AT'TEST TO: . ' �' �
� K �.
� � � ,�887�y.
""�"' CAE�OLE E H, City Secretary
Resol.ution No. 2011-09
Mutual Aid Agreement - Fire
City of Rockwall & City of Wylie
EXHIBIT "A"
Mutual Aid Agreement
Resolution No. 2011-09
Mutual Aid Agreement - Fire
City of Rockwall & City of Wylie
�
WYLIE/ROCKWALL MU'I'UAL AID AGREEMENT
STATE OF TEXAS §
§
COUNTIES OF Collin, Dalias and Rockwatl �
This Mutual Aid Agreement ("Agreement") is entered into by atid between the City of
Wylie, Texas, ("Wylie") locaCed within Collin, Dallas and Rockwall Counties and the City of
Rockwall, Texas, ("Rockwall") located within Rockwall County (collectively, "the Cities").
RECITALS
WHEREAS, the Cities recognize the vulnerability of the people and communities located
within their Cities to damage, injury, and loss of life and property resulting from Disasters and�lor
civi:l emergencies and recognize that Disasters and/or civil emergencies may present equipment
and manpower requirements beyond the capacity of each individual City; and
WHEREAS, the Cities must confront the threats to public health and safety posed by
possible terrorist actions and weapons of mass destructian and other incidents of man-made
origin, and the threats to public health and safety from natural Disasters, alf capable of causing
�
severe damage to property and danger to life; and
VdHEREAS, the Cities to this Agreement recognize that Mutual Aid has been provided in
the past and have deternuned that it is in the best interests of thernselves and their citizens to
create a plan to foster communications and the sharing of resources, personnel and equipment in
the event of such calamities; and
WHEREAS, the governing officials of the Cities desire to secu.re for each City the
benefits of Mutual Aid for the protection of life and property in the event of a Disaster and/or
Civil Emergency; and
WHERCAS, the Cities wish to malce suitable arrangernents for furnishing Mutual Aid in
coping with Disasters andJor civil emer�encies and are so authorized and make this Agreement
pursuant to Chapter ?91, Texas Government Code (Interlocal Cooperation Act); Chapter 418,
Texas Government Code (Texas Disaster Act of 1975); Chapter 421, Texas Government Cade
(Hame Land Security); and Chapter 362, Local Government Code; and
WHEREAS, the Cities recognize that a formal agreement for Mutual Aid would allow for
better coordination of effort, would provide that adequate equipment and rnanpower is available,
and would help ensure that Mutual Aid is accomplished in the minimum time possible in the
event of a Disaster ar Civil Emergency ar�d thus desire to enter into an agreement to provide
Mutual Aid.
"�` WHEREAS, it is expressly understoad that any Mutual Aid extended under this
A�reement and the operational plans adopted pursuani thereto, is furnished in accordance with
Interjurisdictional Mutual Aid Agreement Page 1 ot 11
s����s.�r
the "Texas Disaster Act" and other applicable pravisions of law, and except as otherwise ---
pravided by law that the responsible local afficiat in whose jurisdiction an incident requiring
Mutua! Aid has occurred shall remain in charge at such incident including the direction of such
per�onnel and equipment pravided him/her th�rough the operation of such Mutual Aid plans.
NOW, THEREFORE, the Cities agree as follows:
1. RECITALS. The recitals set forth above are true and conrect.
2. DEFINITZONS. For purposes o� this Agreement, the terms listed below will have the
following meazungs:
A. AGREEMENT - this Mutual Aid Agreerttent, duly executed.
B. A,DMINISTRATIVE AGENCY — the entity designated by the Gities to be responsible
for maintaining and distribnting Fvint of Contact infarmatian.
C. A�SISTING CITY - the City furnishing equipment, supplies, facilities, services and/or
personnet to the Requesting City.
D. CIVIL EMERGENCY - an unforeseen combinatian af circumstances or the resulting
cansequences thereof within the geographic limits of a given jurisdiction that calls for
immediate action or for which there is an urgent need for assistance or relief to
protect the general citizenry. '
E. DISASTER - the occurrence or imminent threat of w�despread or severe darnage,
injury, or loss of life ar progerty resul�ing from any natural or man-made cause,
including but not limited to fire, flood, earthquake, wind, storm, wave action, oil spill,
hazardous materials release or ather water cantamination, volcanic activity, epidenaic,
air contamination, blight, drought, infestation, explosion, riot, hostile military or
paramilitary action, energy emergency (as that term is defined in Chapter 418 of the
Texas Government Code}, acts of terrorism, and other public ca[arnity requiring
Emergency action.
F. EMERGENCY - any accurrence, or threat thereQf, whether natural or caused by man,
in war or in peace, which results in substantial injury or hatm to the population, or
substantial damage to or loss af property.
G. MUTCTAL ATD - includes, but is not limited to, such resources as £acilifies,
equipment, services, supplies, and personnel.
H. MUTUAL ATD COORDINATING AGENCIES — Agencies or organizations
sgecified by Mutual Aid Plans #o facilitate requests for mutual aid.
Interjurisdictional Mutual Aid Agreement Page 2 of 11
573395 v1
°�"" I. MUTUAL AID PLANS — prewritten operating ptans designed ta support the
Interjurisdictional Mutual Aid Agreement by providing procedures to accelerate
activating, requesting, and providing mutual aid.
J. POINT OF CONTACT — the individual or office authorized by the governing bod�+ of
each City to request or respond to a request for Mutual Aid on behalf of the City: A
City's Emergency Management Director or Chief Executive Officer is always a Point
of Contact.
K. THE PLAN — The North Central Texas Cauncil of Govemments Mutual Aid Plan.
L. REQUESTING CITY - the City requesting aid in the event of a Disaster or a Civil
Emergency.
3. AD1I�ITNISTRATIVE AGENCY. The Cities hereby designate the North Central Texas
Council of Governments {NCTCOG) to be the Administrative Agency under this
Agreement. NCTCOG is responsible for maintaining and distcibuting current Point of
Contact inforznation to all Cities.
4. POINT OF CdNTACT DESIGNATION. Each City shall provide the Administrative
Agency with a written protoCOl by which it's designated Points of Contact may be
contacted twenty-four (24) haurs a day, seven {7) days a week. This protocol will
,,,�„ designate, by name or position, the person or persons authorized to obligate the City
under terms of this Agreement and will include at least two alternate means of contacting
the City's Point(s} of Contact. Each City must notify the Administrative Agency of any
change in its Point of Contact pro#acol as soon as practicable by submitting it in writing
to: Executive Director, North Central Texas Council of Gavernments, P.O. Box 5$$8,
Arlington, Texas 76045-5888 or by fax to the Executive Director of NCTCOG at 817-
640-7806.
S. CITY'S EMERGENCY MANAGEMENT PLAN. Each City shall prepare and keep
current an emergency management plan for its jurisdiction to provide for emergency
and/or disaster mitigation, preparedness, nesponse and recovery, in accordance with
Chapter 41 S of the Texas Government Code. The emergency managemen,t plan shall
incorporate the use of avaitable resources, including personnei, equipment and supplies,
necessary to provide and/or receive Mutual Aid. The emergeney management plan shall
be submitted to the Governor's Division of Emergency Maz►agem�nt.
6. IMPLEMENTATION dF AGREEMENT. A Point of Contact for his/Y�er respective
jurisdiction shall take all steps necessary for the implementation of this Agreement.
7. INITIATION OF AGREEMENT. A request under this Agreement may be made by a
Point af Contact after one of the following occurs:
(a) A declaration of a local state of Disaster pursuant to Chapter 418 of the Texas
`""°" Government Code;
lnterjur�sdictional Mutual Aid Agreement Page 3 of ] 1
573395.vt
(b) A finding of a state of Civil Emergency; or —...
(c) The occurrence or irnminent threat of an emergency such that locai capabilities
are or are predicted ta be exceeded.
T'he activation of the Agreement shall continue, whether or not the local Disaster
declaration or state of Civil Emergency is still active, until the services of the Assisting
City are no longer required.
8. PROCEDURES FOR RE UESTS AND PROVISION OF MUTUAL AID. A Point
of Contact may request Mutual Aid assistance by: (1) submitting, a wtitten Request for
Assistance to a Point of Contact of an Assisting City, {2) orally carnmunicating a request
for Mutual Aid assistance to a Point of Contact of an Assisting City, which shall be
followed by a written request within twenty-four (24} hours, or (3) by submitting a
req�est io accordance with a Mutual Aid Plan developed under the auspices of this
Agreement. Mutual Aid shall not be requested by a�ity untess it is directly related to the
Disaster ar Emergency and resources available from the normal responding agencies to
the stricken area are deemed to be inadequate, or are predicted to be expended prior to
resolution of the situation. All requests for Mutual Aid must be transmitted by a Point of
Contact of the Requesting City to a Point of Contact of the Assisting City or in
aecordance with the terms of th� Plan.
A. REQUESTS �7IRECTLY TQ ASSISTING CITY. The Requesting City's �oint of
Contact may directly contact a Point of Contact of the Assisting City and provide the
necessary information as prescribed in Sect�on 8.B. hereto. �`
B. REQUIRED INFORMATION BY REQUESTING CITY. Each request for assistance
shall be accompanied by the fallowing information, to the extent known:
1. A general descriptian of the damage or injury sustained or threatened;
2. Identificatian of the emergency service function ar functions for which assistanee
is needed (e.g. fire, law enforcement, emergenGy medical, seazch and rescue,
transportation, communications, public works and engineering, building,
inspection, planning and information assistance, mass care, resource support,
health and other medical services, etc.}, and the partieular type of assistance
needed;
3. The amount and type of personnel, equipment, materials, supplies, and/oz
facilities needed and a reasonable estimate of the length of tirae that each wi11 be
needed;
4. The location or locations to which the resources are to be dispatched and the
specific time by which the resources are needed; and
5. The name and contact information a� a representative of the Requesting City to
meet the personnel and equipment of any Assisting City at each location to which
resources are dispatched.
This information may be provided on a form designed for this puzpose or by any
other available means. ..�..,
Interjurisdictional Mutual Aid Agreement Page 4 of 11
57335�S.v1
.�.
C. ASSESSMENT OF AVAILABIL,ITY OF R�SOURCES AND ABILITY TO
RENDER ASSISTANCE. When contacted by a Requesting City, a Point of Contact
of the City from which aid is requested agrees to assess local resources to determine
availability of personnel, equipment and other assistance based on current or
anticipated needs. All Cities shall ren.der assistance to the extent personnel,
equipment and resources are deemed available. No City shall be required to provide
Mutual Aid unless it determines that it has sufficient resources to do sa based on
current or anticipated events within its own jurisdiction.
D. INFORMATION REQUIRED OF THE ASSZSTiN'G CITY. A Point of Contact who
determines that the Assisting City has available personnel, equipment, or other
resources, shali so notify the Requesting City and provide the fallowing information,
to the extent known:
1. A complete description of the pezsonnel and their expertise and capabilities,
equipment, and other resources to be furnished to the Requesting City;
2. The estimated leng�th of time that the personnel, equipment, and other resources
will be avaa�able;
3. The name of the person or persons to be designated as supervisory personnel; and
4. The estimated time of arrival for #he assistance to be provided to arrive at the
designated location.
�
This information may be provided on a form designed for this purpose or by any
other available means.
E. SUPERVISION AND CONTROL. When providing assistance under the terms of this
Agreement, the personnel, equipment, and resources of any Assisring City will be
under the operational control of the Requesting City, the response effort to which
SHALL be organized and funcdoning within an Incident Command System (TCS} or
Unified Command System (L]CS} format. Direct supervision and control of
personnel, equipment and resources and personnel accountability shall remain with
the designated supervisory personnel of the Assisting Ciiy. The designated
supervisory personnel of t'he Assisting City shall: maintain daily personnel tinne
records, material records, and a log of equipment haurs; be responsible for the
operation and maintenance of the equipment and other resources furnished by the
Assisting City; and shall report work progress to the Requesting City. The Assisting
City's personnel and other resources shali rernain subject ta recall by the Assisting
City at any time, subject to reasonable notice to the Requesting City.
F. MUTUAL AID PLAN. $y their signatures below, each City hereto certifies that it
will provide Mutual Aid assistance under this Agreement in accordance vvith tlie
North Central Texas Council of Govemments Mutual Aid Ptan.
G. FOOD, HOUSING AND SELF-SUFFICIENCY. Subject to Paragraph 9 of this
� Agreement, the Requesting City shall have the responsibility of providing food and
Intrrjurisdictionat Mutual Aid Agreement Page 5 oi 11
573395.v1
housing for the gersann�i of the Assisting City frorn the time of their arrival at the --•°
designated locatian ta the time of their departure. However, Assisting City personnel
and equipment shoutd be, to the greatest extent possible, self-sufFicient for the first
twenty-four (24) hours whi]e working in the Emergency or Disaster area. The
Requesting City may specify ouly self-sufficient personnel and resources in its
request far assistance.
H. COMMUNICATIONS. Unless specifically instructed otherwise, the Requesting City
shall have the responsibility for coordinating communicatians between the personnel
of the Assisting City and the Requesting City. Assisting City persor�nel should be
prepared to furnish their own cornmunications equipment sufficient only to maintain
cammunications among their respective operating units, if such is practicable.
I. RIGHTS AND PRI�ILEGES. �ersonnel who are assigned, designated or ordered by
their governing body to perform duties pursuant to this Agre�ment shall continue to
receive the same wages, salary, pension, and oCher compensarion and benefits for the
perEormance of such duties, including injury or death henefits, disability payments,
and workers' compensation benefits, as though the service had been rendered within
the limits of the jurisdiction where the personnel are regularly employed.
J. TERM OF DEFLOYMENT. The inirial duration of a request for assistance will be
speeified by the Requesting City, to the extent possible by the situation.
IC. SUMMAR"�' REPOF�T. W ithin ten (1 Q) warking days of the return of al1 personnel �
deployed under this Agreernent, the Requesting City will prepare a Summary Report
af the event, and provide copies to each Assisting City. The report shall, at a
rninimuzn, include a chronology of events and description of personnel, equipment
and materials provided by one City to the other.
9. COSTS. All costs associated with the provision of Mutual Aid, including but not
limited to compensation for personnel; operation and rnaintenance of equipment; damage
to equipment; medical expenses; and food, lodging and transportation expenses shall be
paid �or by the Assisting City and reimbursed by the Requesting City at actual cost. The
first twenty-four (24} hours of assistance will not require reim�ursement by the
Requesting City. Requests for reimbursement must be submitted within ten (10) working
days of the return af all personnel deployed under this Agreement. Such request shall
identify with specificity each service, labor, or equipment provided and the unit and total
costs associated with each. The Assisting City shall be responsible for creating and
maintaining for a period of three (3) years a record of all costs incurred, both reimbursed
and unreimbursed costs, in providing aid under this Agreement. Such costs and
reimbursernenCs shall be paid from current funds of the respective City. In the event
federal and state funds are available for costs associated with the provision of Mutual
Aid, the Cities agree that the Requesting City must make the claim for tk�e eiigible costs
of the Assisting City on its subgrant application and will disburse the federal shaze of
funds to the Assisting City. The Assisting City may assume in whole or in part any costs
lnterjurisdictional Mutual Aid Agreement Page 6 of 12
5733Si5.vl
� associated with the provision af Mutual Aid or may loan or donate equipment or services
to the Requesting City without charge or cost.
10. INSURANCE
A. WORKERS' C4MPENSATION COVERAGE. Each City shall be responsible for its
own actions and those of its employees and is responsible for complying with the
Texas Workers' Compensation Ack.
B. AUTOMOBILE LIABILITY COVER.AGE. Each City shall be resgonsible for its
own actions and is responsible for complying with the Texas rnotor vehicle financial
responsibility laws.
C. GENERAL LIABILITY, PUBLIC O�`FTCIALS LIABTLITY AND LAW
ENFORCEMENT LIABILITY. Each City agrees to obtain general liability, public
official's liability and law enfozcement liability, if applicable, or maintain a
compazable self-insurance program.
D. OTHER COVERAGE. The Assisting City shall provide and mai�ntain their standard
packages of inedical and death benefit insurance coverage while their p�rsonnel aze
assisting the Requesting City.
�, 11. WAIVER QF CLAIMS AGAINST CITIES: XIVXMUNITY RETAINED. Each Gity
hereto waives all claams against the other Cities hereto for compensation for any loss,
damage, personal injury, or death occurring as a consequence of the perfarmance o� tkus
Agreement, except those caused in whole or in part by the gross negligence of an ofFcer,
employee, or agent of another City. Pursuant to § 421.061, Texas Government Code, the
City furnishing services under this Agreement is not responsible for any civil liability that
arises from the furnishing of those services. No City waives or relinquishes any
immunity oz de�ense on behalf a� itself, its officers, employees and agents as a result of
the foregoing sentenc�e or its execution of this Agreement and the performance of the
covenants contained herein.
12. EXPENDING FUNDS. Each City that performs services or furnishes aid pwsuant to
this Agreement shall do so with funds available fram current revenues of the City. No
City shall have any liability for the failure to ex�end funds to provide aid �ereunder.
13. TERM. This Agreement shall become effective as to each City on March 31, 2011 and
shall continue in full fonce and effect and remain binding an each and every City for
twelve (12) months from the effective date. This Agreement shall renew automatically
fQr a period of one (1) yeaz upon the completion of the initial tearm and each subsequent
term unless and untii such time as the governing bady of a City terminates its
participation in this Agreement pursuant to Section 19 of tlus Agreement.
l 4. ENTIRETY. 'T'his Agreement contains all commitments and agreements of the Cities
"�"" with respect to the Mutual Aid ta be rendered hereunder during or in connection with a
Intr.r)urisdictional Mutual Aid Agreement Page 7 of 11
573395 vi
Disaster andlor Civil Emergency. No other oral or written commitments of the Ciries --�-�°
with respect to Mutual Aid under this Agreement shall have any force or effect if not
contained herein, except as provi�ed in Section 18 below.
l5. RATIFICATION. Each City hereby ratifies the actions of its persannel and the
rendering andlor receiving of Mutual Aid taken prior to the date of this Agreement.
16. OTHER MUTUAL AID AGREEMENTS. It is understaod that the Cities may have
heretofore contracted or may hereafter contract with each other or with other cities for
Mutuai Aid in Civil Emergency and/or Disaster situat.ions.
It is also understoad that this Agreement constitutes the first tier o£ a three-tiered system
of interloaking mutual aid agreements designed to ensure that all Cities that might be able
to provide assistance in the event covered by Paragraph 7 of this Agreement aze able ta
request or to respond to a request for Mutual Aid. Tier 1 agreements are between
counties and political subdivisions located wholly or partial�y within the respective
county. Tier 2 agreements are between the vazious counties that axe mernbers of the
North Central Texas Council of Governments. Tier 3 agreements aze between the various
regional planning commissions ("councils of governments").
Subject to the provisxons of Pazagraph 8 C of this Agreeraent, the Cities hereto agree to
provide Mutual Aid to such other counties, municipalities and other political subdivisions
to which they are linked by any combination of the above-described tiered agreements
upon request sa long as there is a reciprocal agreement to provide Mutual Aid to the �
Cities to this Agreem�nt and so long as the requesting county or municipality agrees to
reimbursement of the actual costs af providing Mutual Aid at least to the extent required
by Paragraph 9 0� this Agreement.
17. YNTEF�tLOCAL COOPERATION ACT. 'Che Cities agree that Mutual Aid in the
context contemplated herein is a"govemmental function and service" and that the Cities
are "local governments" as that term is defined herein and in the Interlocal Cooperation
Act, Texas Government Code Chapter 791.
18. SEVERABZLITY. If a provision contained in this Agreement is held invalid for any
reason, the invalidity does not affect ather provisions of the Agreement that can be given
effect without the invalid pravision, and to this end the pmvisions of this Agze�ment are
severable.
19. VALTDITY AND ENFORCEABILITY. If any current or future legal limitations affect
the validity or enforceability of a provision of this Agreement, then the legal limitalions
are made a part of this Agreement and shall operate to amend this Agreement to the
min.innum e�ent necessary to bring this Agreement into conformity with the requirements
of the Iimitations, and so modified, this Agreement shaEl continue in £ull force and effect.
20. AMENDMENT. This Agreement may be amended only by the mutual written consent
of the Cities. -�.
lnterjurisdictional Mutual Aid Agreement Psge 8 of lI
573345.vt
�
21. TERMINATION. Any City may at any time by resolution or notice gi�en to the other
City to decline to participate in the provisian of Mutual Aid. The governing body of a
G'rty which is a signatory hereto shall, by resolution, give notice of termination af
participation in this Agreement and submit a certified copy of such resolution to the other
City. Such termination shall become e.f�ective not earlier than thirty (30) days after the
filing of such notice.
22. '�'HIRD CITIES. This Agreement is intended to inure only to the benefit of the Cities
hereta. This Agreement is not intended to create, nor shall be deemed or construed to
create any rights in third Cities.
23. NOTICE. Any notice required or permitted between the Cities must be in writing,
addressed to the attention o£ each respective City Manager, and shall be delivered in
person, or mailed certified mail, return receipt requested, pr may be transmitted by
facsimile transmission as follows:
To Wylie: Attn: Mindy Manson
Gity Manager
City of Wylie
300 Counkry Club Road
Wylie, Texas 75098
,�„ Phone: 972-516-6000
Fax:972-516-6026
To Rockwall: Attn: Julie Couch
City Manager
City of Rockwall
3$5 South Goliad Street
Rockwall, Texas 75p87
Phone: 472-771-7700
Fax:972-771-7727
24. WARRANTY. The Agreement has been officially authorized by the governing or
eontrolling body or agency af each City heretQ by order, ordinarjce ar resolution and each
signatory to this Agreement guarantees and warrants that the signatory has full authority
to execute this Agreement and to legally bind the respective City ta this Agreement.
25. GOVERN��1G LAW AND VENUE. The laws of the State of Texas shall govern this
Agreement. In the event of an Emergency or Disaster physically accurring within the
geograplucal limits of only one county that is a City hereto, venue shall lie in the county in
which the Emergency or Disaster occurred. In the event of an Emergency or Disaster
physically occurring in more than one county that is a City hereto, venue shall be determined
�
in accordance with the Texas Rules of Civil Procedure.
Interjurisdictional Mutusl Aid Agreement Page 9 of 11
573395.vi
26. HEADYNGS. The headings at the beginning of t�►e vazious provisions of tlus Agreement ---
have been included only in order to make it easier ta locate the subject covered by each
provision and are not to be used in construing this Agreement.
27. SOVERiEGN IMMUNITY. Each City agrees that neither has waived their sovereign
immunity by entering in#o and performing its obligations under this Agreement.
**The Rest of this Page is Int�ntionally Left Blank**
Interjurisdictiangl Mutua( Aid Agreement Page 10 of ] a
573395.v!
�
EXECUTED by the Cities hereta, each respective entity acting by and through its du.l�
authorized official, as required by law, on multiple counterpac�s each of which shall be deemed
to be an original, on the date specified on the multiple counterpart executed by such entity.
City of Wytie, Texas
NAME: Mindy Manson Date:
Signature;
City Manager
City of Rockwall, Texas
NAME: Julie Couch Date: �P,i( _ � ,�p /�
/ _ //
,�, Signature: �
City �na�er
**The Rest of this Page is Intentionally X.,eft Blank**
Interjurisdietional Mutual Aid Agreement Page ll of 11
573395.v 1