Resolution 2012-43 �,�,„ RESOLUTION NO. 2012-43(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 DALLAS COUNTY AND THE
CITY OF WYLIE FOR MUTUAL AID.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION l: 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 Dallas county and the City of WYLIE, Texas for Mutual Aid,
SECTION 2: This Resolution shall take effect immediately upon its passage.
�My,n RESOLVED THIS THE l lth day of December, 2012.
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Resolution No.2012-43(R)
Mutual Aid Agreement-Fire
Dallas County&City of Wylie
EXHIBIT "A" ,.,..„
Mutual Aid Agreement
Dallas County and the City of Wylie
Resolution No.2012-43(R)
Mutual Aid Agreement-Fire
Dallas Counry&Ciry of Wylie
� STATE OF TEXAS §
§ AGREEMENT FOR MUTUAL AID
COUNTY OF DALLAS §
This Mutual Aid Agreement ("Agreement") is, entered into by and between the
undersigned Participating Local Governments of the State of Texas acting by and through their
duly authorized officials. The undersigned Participating Local Governments and any and all
other Participating Local Governments of the State of Texas adopting this Agreement upon a
formal order of their respective governing bodies as provided herein may be refened to in this
Agreement individually as"Party" and collectively as "Parties".
RECITALS:
WHEREAS, the Parties recognize the vulnerability of the people and communities
located within the counties and political subdivisions to damage, injury, and loss of life and
property resulting from emergencies, disasters and/or civil emergencies and recognize that such
incidents may present equipment and personnel requirements beyond the capacity of each
individual Party; and
WHEREAS, the Parties to this Agreement recognize that Mutual Aid has been provided
in the past and have determined that it is in the best interests of themselves and their citizens to
,� create a plan to foster communications and the sharing of resources, personnel and equipment in
the event of emergencies; and
WHEREAS, the governing officials of the Parties desire to secure for each Party the
benefits of Mutual Aid for the protection of life and property in the event of an Emergency,
Disaster and/or Civil Emergency; and
WHEREAS, the Parties wish to make suitable arrangements to provide Mutual Aid in
response to emergencies, disasters and/or civil emergencies and are so authorized and make this
Agreement pursuant to Texas Government Code Chapter 791 ("Interlocal Cooperation Act");
Texas Government Code Chapter 418; and, Texas Statewide Mutual Aid System of the
Emergency Management Chapter, also known as the Texas Disaster Act of 1975;
WHEREAS, the Parties recognize that this Agreement would allow for better
coordination of effort between the Parties, would provide that adequate equipment and personnel
aze available, and would help ensure that Mutual Aid is accomplished in the minimum time
possible in the event of an Emergency, Disaster or Civil Emergency and thus desire to enter into
this Agreement to provide Mutual Aid; and
WHEREAS, it is expressly understood that any Mutual Aid extended under this
Agreement and the operational plan adopted pursuant thereto, is furnished in accordance with the
"Texas Disaster Act" and other applicable provisions of law and, except as otherwise provided
by law, that the responsible local official in whose jurisdiction an incident requiring Mutual Aid
``�"`�� has occurred shall remain in charge at such incident including the direction of such personnel
and equipment provided him/her through the operation of such Mutual Aid plans;
AGREEMEN'f FOR MUTUAL AID-PAGE 1
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other �
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the
Parties agree as follows:
Article I
Definitions
As used throughout this Agreement, the following terms listed below will have the
following meanings:
Agreement shall mean this Agreement for Mutual Aid.
Civil Emergency shall mean any natural or manmade disaster or emergency that causes
or could cause substantial harm to the population or infrastructure. This term can include a
"major disaster" or "emergency" as those terms are defined in the Stafford Act, as amended, as
well as consequences of an attack or a national security emergency. Where federal assistance is
needed to supplement state and local efforts and capabilities to save lives and to protect property
and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the
United States.
Fire Chief shall mean the Fire Chief, or his/her designee.
Disaster shall mean the occurrence or imminent threat of widespread or severe damage, Y`�`
injury, or loss of life or property resulting from any natural or man-made cause, including fire,
flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic
activity, epidemic, air contamination, blight, drought, infestation, explosion, 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 calamity requiring emergency action.
Emergency shall mean any occurrence, or threat thereof, which results in substantial
injury or harm to the population, or damage to or loss of property.
Mutual Aid shall mean, but is not limited to, such resources as facilities, equipment,
services, supplies, and personnel.
Mutual Aid Master Plan shall mean a written operational plan approved by the Dallas
County Fire Chiefs to establish predetermined assignments for participating agencies for
emergency responses and nonemergency responses to provide fill-ins.
NIMS (National Incident Management System) shall mean a system designed to
enable effective and efficient domestic incident management by integrating a combination of
facilities, equipment, personnel, procedures and communications operating within a common
organization structure, designed to enable effective and efficient domestic incident management.
Under NIMS is ICS(Incident Command System).
AGREEMENT FOR MUTUAL AID-PAGE 2
�� Operational Period shall mean a period of time beginning at the time of the request for
Mutual Aid and lasting for twenty-four(24)hours.
Party or Parties shall mean the local governmental entity(ies)that are signatories to and
have agreed to adopt this Mutual Aid Agreement.
Responding Local Government Entity (Responding Party) means a local
governmental entity providing mutual aid assistance in response to a request under this
Agreement, i.e. furnishing equipment, supplies, facilities, services and/or personnel to the
Requesting Party.
Requesting Local Government Entity (Requesting Party) shall mean a local
governmental entity requesting mutual aid assistance under this Agreement for emergency work
resulting from a fire, Emergency, Civil Emergency or Disaster within its legal jurisdiction.
Article II
Term
This Agreement shall become effective as to each Party on date of adoption as indicated
on the signature page for each Party and shall continue in force and remain binding on each and
every Party for twelve (12) months from the effective date. This A�eement shall renew
wm� automatically for a period of one year upon the completion of the initial term and each
subsequent term unless and until such time as the governing body of a Party terminates its
participation in this Agreement pursuant to Article IV of this Agreement. Termination of
participation in this Agreement by a Party or Parties shall not affect the continued operation of
this Agreement between and among the remaining Parties.
Article III
Participation by additional Local Government Entities
Any local government entity may participate in the Agreement with the approval of the
Dallas County Fire Chiefs Association as recommended by the Mutual Aid Committee. Each
participating local government entity will be required to approve and agree to the terms and
conditions of this Agreement. The participation of additional participating local government
entities shall not require the approval of other participating local government entities.
Article IV
Termination
Any Party may at any time by resolution or notice given to all the other Parties decline to
participate in the provision of Mutual Aid. The governing body of a Party shall, by resolution,
give notice of termination of participation in this Agreement and submit a certified copy of such
resolution to all other Parties. Such termination shall become effective not earlier than thirty
(30) days after the filing of such notice. The termination by one or more of the Parties of its
""'�' participation in this Agreement shall not affect the operation of this Agreement as between the
other Parties hereto.
AGREEMENT FOR MITTUAL AID-PAGE 3
Article V �
Activation of Agreement
5.1 The request for assistance under this Agreement may be activated by a
determination by the Fire Chief of the Party having jurisdiction that the incident, Emergency,
Disaster or imminent threat of an Emergency or Disaster is such that local capabilities aze or are
predicted to be exceeded.
5.2 The request for assistance under this Agreement sha11 continue, whether or not a
local Disaster declaration or state of Civil Emergency is active, until the services of the
Responding Party are no longer required or the Responding Party determines that its resources
are needed within its own jurisdiction and officially recalled.
Article VI
Procedures for Requests and Provision of Mutual Aid
6.1 Methods of Re�c uestin�Mutual Aid. The Fire Chief of the Requesting Party may
request Mutual Aid assistance under this Agreement by one of the three following methods:
(1) Orally communicating a request for Mutual Aid under this Agreement to Da11as
Fire Rescue Communications as specified in the Mutual Aid Master Plan;
(2) Orally communicating a direct request for Mutual Aid to a Party using established �""
local written procedures; or,
(3) Orally communicating a direct request for Mutual Aid to any Party.
6.2 Criteria for Reauestin� Mutual Aid. Mutual Aid shall not be requested by a Party
unless it is directly related to the Emergency, Disaster or Civil Emergency and resources
available from the normal responding agencies 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 the Fire Chief of the Requesting Party.
6.3 Mutual Aid Service Functions. The types of Mutual Aid emergency service
functions that may be requested under this Agreement include, but aze not limited to, fire, search
and rescue, fire inspection, fire engineer services, emergency communications, arson and fire
investigation, planning and information assistance, mass care, special rescue, hazardous
materials, explosive ordinance disposal, command and control, resource support, emergency
medical services,mass casualty,health and other medical services.
6.4 Assessment of Availabilit�of Resources and Ability to Render Assistance. When
contacted by a Requesting Party, the Fire Chief of the Responding Party agrees to assess local
resources to determine availability of personnel, equipment and other assistance based on current
or anticipated needs. All Parties shall render assistance to the extent personnel, equipment and
resources are deemed available. No Party shall be required to provide Mutual Aid unless it ��
AGREEMENT FOR MUTUAL AID-PAGE 4
� determines that it has sufficient resources to do so, based on current or anticipated events within
its own jurisdiction.
6.5 Supervision and Control. When providing assistance under the terms of this
agreement, the personnel, equipment, and resources of any Responding Party will be under the
operational control of the Requesting Party. These response operations shall be NIMS (National
Incident Management System) compliant as well as being organized and functioning within an
Incident Command System (ICS), Unified Command System (UCS). Direct supervision and
control of personnel, equipment and resources and personnel accountability shall remain with the
designated supervisory personnel of the Responding Party. The designated supervisory
personnel of the Responding Pariy shall: maintain daily personnel time records, material records,
and a log of equipment hours; be responsible for the operation and maintenance of the equipment
and other resources furnished by the Responding Party; and, sha11 report work progress to the
Requesting Party. The Responding Party's personnel and other resources shall remain subject to
recall by the Responding Party at any time, subject to reasonable notice to the Requesting Party.
6.6 Food, Housing and Self-Su�ciencv. Unless specifically instructed otherwise, the
Requesting Party shall have the responsibility of providing food and housing for the personnel of
the Responding Party from the time of their arrival at the designated location to the time of their
arrival back at the responding party's home department. However, Responding Party personnel
and equipment should be, to the greatest extent possible, self-sufficient while working in the
Emergency or Disaster area. The Requesting Party may specify only self-sufficient personnel
�� and resources in its request for assistance.
6.7 Communications. Unless specifically instructed otherwise, the Requesting Party
shall have the responsibility for coordinating communications between the personnel of the
Responding Party and the Requesting Party. Responding Party personnel should be prepared to
furnish their own communications equipment sufficient only to maintain communications among
their respective operating units, if it is practicable.
6.8 Ri�hts and Privileges. Personnel who are assigned, designated or ordered by
proper authority to perform duties pursuant to this Agreement shall continue to receive the same
wages, salary, pension, and other compensation and benefits for the performance of such duties,
including injury or death benefits, 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. Moreover, all medical expenses, wage and disability payments, pension
payments, damage to equipment and clothing shail be paid by the Participating Local
Government in which the employee in question is regularly employed.
6.9 Duration of D�loyment. The Responding Party shall be released by the
Requesting Party when the services of the Responding Party are no longer required or when the
Fire Chief of the Responding Party detertnines, in his/her sole discretion, that further assistance
should not be provided.
`�`�`ta 6.10 Common Jurisdictional Boundaries. In areas where common jurisdictional
boundaries exist, it is understood that accurate determination of jurisdiction may not be possible
AGREEMENT FOR MUTUAL AID-PAGE S
upon receipt of the alarm. In such cases, it is deemed appropriate and in the best interest of the , �
public for the entity receiving the alarm to dispatch its forces and render aid at the scene of the
emergency until an accurate determination of jurisdictional responsibility can be made and if the
outside responding entity is properly relieved by the entity having jurisdiction. Under the
conditions described in this Section, the terms and condition of this Agreement shall be in effect
just as though a request for Mutual Aid had been initiated.
Article VII
Cost Limitation
A Requesting Party shall not be required to reimburse a Responding Party for costs
incurred during the first Operational Period as defined in Article I of this Agreement. A
Requesting Party shall be required to reimburse a Responding Party for costs incurred after the
first Operational Period.
Article VIII
Insurance
8.1 Workers' Com�ensation Covera�. Each Party sha11 be responsible for its own
actions and those of its employees and is responsible for complying with the Texas Workers'
Compensation Act.
8.2 Automobile Liability Covera�. Each Party shall be responsible for its own `�"
actions and is responsible for complying with the Texas motor vehicle financial responsibility
laws.
8.3 Liabili . To the extent permitted by law and without waiving sovereign
immunity, each Party sha11 be responsible for any and all claims, demands, suits, actions,
damages, and causes for action related to or arising out of or in any way connected with its own
actions, and the actions of its personnel in providing Mutual Aid assistance rendered or
performed pursuant to the terms and conditions of this Agreement. Each Party agrees to obtain
general liability and public official's liability insurance, if applicable, or maintain a comparable
self-insurance program.
8.4 Other Covera�e: The Responding Party sha11 provide and maintain its standard
packages of inedical and death benefit insurance coverage while its personnel aze assisting the
Requesting Party.
Article IX
Waiver of Claims Against Parties; Immunity Retained
Each Party hereto waives all claims against the other Parties hereto for compensation for
any loss, damage,personal injury, or death occumng as a consequence of the performance of this
Agreement, except those caused in whole or in part by the negligence of an officer, employee, or
agent of another Party. No Party waives or relinquishes any immunity or defense on behalf of -�-�
AGREEMENT FOR MUTUAL AID-PAGE 6
p � itself, its officers, employees and agents as a result of the foregoing sentence or its execution of
this Agreement and the performance of the covenants contained herein.
Article X
Expending Funds
Each Party that performs services or furnishes aid pursuant to this Agreement shall do so
with funds available from current revenues of the Party. No Party shall have any liability for the
failure to expend funds to provide aid hereunder.
Article XI
Miscellaneous
11.1 Entiretv: This Agreement contains all commitments and agreements of the
Parties with respect to the Mutual Aid to be rendered hereunder during or in connection with an
Emergency, Disaster and/or Civil Emergency. No other oral or written commitments of the
Parties with respect to Mutual Aid under this Agreement shall have any force or effect if not
contained herein, except as provided in Section 11.2 below.
11.2 Other Mutual Aid Agreements. This Agreement is not intended to replace local
mutual aid agreements and local jurisdictions are encouraged to develop local agreements with
��, each other for Mutual Aid in emergency, disaster and/or civil emergency situations and it is
agreed that, to the extent there is a conflict between this Agreement and any other such Mutual
Aid agreement, the provisions of this Agreement shall be superior to any such individual or
previously adopted Mutual Aid Agreement(s) or contract(s).
11.3 Interlocal Cooperation Act. The Parties agree that Mutual Aid in the context
contemplated herein is a "governmental function and service" and that the Parties are "local
governments" as that term is defined herein and in the Interlocal Cooperation Act, Texas
Government Code Chapter 791.
11.4 Severabilitv. If a provision contained in this Agreement is held invalid for any
reason, the invalidity does not affect other provisions of the Agreement that can be given effect
without the invalid provision, and to this end the provisions of this Agreement are severable.
11.5 Validity and EnforceabilitX. If any current or future legal limitations affect the
validity or enforceability of a provision of this Agreement, then the legal limitations are made a
part of this Agreement and shall operate to amend this Agreement to the minimum extent
necessary to bring this Agreement into conformity with the requirements of the limitations, and
so modified,this Agreement shall continue in full force and effect.
11.6 Amendment. This Agreement may be amended only by the mutual written
consent of the Parties.
AGREEMENT FOR MUTUAL AID-PAGE 7
11.7 Third Parties. This Agreement is intended to inure only to the benefit of the ��
Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to
create any rights in third parties.
11.8 Notice. Any notice required or permitted between the Parties must be in writing,
addressed to the attention of each respective Fire Chief, and shall be delivered in person, or
certified mail,return receipt requested, or may be transmitted by facsimile(fax)transmission.
11.9 Governin� Law and Venue. The laws of the State of Texas shall govern this
Agreement. In the event of an Emergency or Disaster physically occurring within the geographical
limits of only one county that is a Party 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 Party hereto, venue shall be determined in accordance with the Texas Rules of
Civil Procedure.
11.10 Headin�s. The headings at the beginning of the various provisions of this
Agreement have been included only in order to malce it easier to locate the subject covered by
each provision and are not to be used in construing this Agreement.
11.11 Siunatories. The City of Dallas shall be the official repository of original
signature pages of the Parties to this Agreement and will maintain an up-to-date list of those
Parties. Each Party will retain a copy of its own originally signed document with an additional
individual signature page from that City to be filed with the City of Dallas under this Agreement. `�'"
(Signature pages to follow)
AGREEMENT FOR MUTUAL AID-PAGE S
EXECUTED this day of , 201_.
City of ,Texas
By:
Printed Name:
Title:
AGREEMENT FOR MUTUAL AID-PAGE I