Resolution 2016-08 RESOLUTION NO. 2016-08(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 A MUTUAL AID AGREEMENT FOR FIRE
PROTECTION SERVICES / EMERGENCY MEDICAL
SERVICES BETWEEN THE CITY OF LUCAS AND THE
CITY OF WYLIE.
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, a Mutual Aid Agreement
for Fire Protection Services/Emergency Medical Services between the City of Lucas and the City
of Wylie.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 8th day of March,2016.
ERIC HOGUE May
ATTEST TO:
CA OLE EHRLIty Secretary t
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COL
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Resolution No.2016-08(R)—
A Mutual Aid Agreement/City
Of Lucas Page 1 of 1
STATE OF TEXAS §
L § AGREEMENT FOR MUTUAL AID
COUNTY OF COLLIN §
This Mutual Aid Agreement ("Agreement") is entered into by and between the City of
Lucas, Texas (*'Lucas") and the City of Wylie. Texas ("Wylie"), acting by and through their
respective authorized officers.
RECITALS:
WHEREAS, the Parties desire to enter into this Agreement so that the equipment,
facilities and trained personnel of each Party's fire department are available to respond to
Emergencies in the other Party's Jurisdiction as provided for in this Agreement on an as-
requested basis; and
WHEREAS, the Parties recognize that Mutual Aid has been provided in the past and
have determined that it is in their best interests to create a plan to foster communication and the
sharing of equipment, facilities and trained personnel in the event of an Emergency, and
WHEREAS, the governing bodies 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: and
WHEREAS, this Agreement is not intended to replace or modify the current Agreement
for Mutual Aid in Disaster Assistance, as amended, between the Parties for Disaster or Civil
Emergencies, and assistance under this Agreement shall be considered as "pre-planned'' mutual
aid response: and
WHEREAS, the Parties wish to make suitable arrangements to provide Mutual Aid in
response to Emergencies and are so authorized and make this Agreement pursuant to Texas
Government Code Chapter 791 ("Interlocal Cooperation Act"):
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
For purposes of this Agreement, the terms listed below will have the following meanings:
Agreement shall mean this Agreement for Mutual Aid, duly executed.
Designee shall mean the individual or individuals approved by the Fire Chief to act in his
or her absence under this Agreement, including the following individuals: (i) Chief of Police; (ii)
Incident Commander; (iii) City Manager or Assistant City Manager; or (iv) dispatcher or other
member of the Requesting Party on behalf of one of the Designees.
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Fire Chief shall mean the Fire Chief, or designee, of a Party.
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.
Jurisdiction shall mean the city limits and extraterritorial jurisdiction of either party.
Mutual Aid shall mean, but is not limited to, such resources as facilities, equipment,
services, supplies, and personnel
Party or Parties shall mean the local governmental entity that is a signatory to and has
agreed to adopt this 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 the date of adoption as
indicated on the signature pages for each Party and shall continue in force and remain binding on
each Party for twelve (12) months from the effective date. This Agreement shall renew
automatically for a period of one (1) year upon the completion of the initial term and each
subsequent term unless and until such time as the governing body of either Party terminates its
participation in this Agreement pursuant to Article III of this Agreement.
Article III
Termination
Either Party shall have the right to terminate this Agreement on ninety (90) days written
notice to the other Party.
Article IV
Activation of Agreement
4.1 This Agreement may be activated by the Fire Chief or designee of the Party
having Jurisdiction atter he or she determines that the Emergency is such that local capabilities
are or are expected to be exceeded. The Parties' respective Fire and/or Emergency Medical
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Service Units may be simultaneously dispatched for all types of Emergency calls that occur
within either Parties' Jurisdiction.
4.2 The activation of this Agreement shall continue 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 are officially recalled.
Article V
Procedures for Requests and Provision of Mutual Aid
5.1 Methods of Requesting Mutual Aid. The Fire Chief' or Designee of the
Requesting Party may request Mutual Aid assistance under this Agreement by orally
communicating a direct request for Mutual Aid to the Responding Party.
5.2 Criteria for Requesting Mutual Aid. Mutual Aid shall not be requested by a Party
unless the request for Mutual Aid is directly related to the 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 Emergency. All requests for Mutual Aid must be transmitted
by the Fire Chief or Designee of the Requesting Party.
5.3 Mutual Aid Service Functions. The types of Mutual Aid Emergency service
functions that may be requested under this Agreement include fire and emergency medical
services and any other services agreed on by the Parties in a memorandum of understanding.
5.4 Assessment of Availability of Resources and Ability to Render Assistance. When
contacted by a Requesting Party for Mutual Aid under this Agreement, the Fire Chief or
Designee of the Responding Party shall assess local resources to determine availability of
personnel, equipment and other assistance based on current or anticipated needs. The
Responding Party shall render assistance to the extent personnel, equipment and resources are
deemed available. No Party shall be required to provide Mutual Aid unless it determines that it
has sufficient resources to do so based on current or anticipated needs or events within its own
Jurisdiction.
5.5 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 and 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 Party 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 shall 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.
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5.6 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 such is practicable.
5.7 Rights 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 shall be paid by the Party by which the employee
in question is regularly employed.
5.8 Duration of Deployment. 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 determines, in his sole discretion, that further assistance
should not be provided or on activation of the Texas Statewide Mutual Aid System.
5.9 Common Jurisdictional Boundaries. In areas where common jurisdictional
boundaries exist, it is understood that accurate determination of Jurisdiction may not be possible
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 determinate of jurisdictional responsibility can be made and if
outside the responding entity is properly relieved by the entity having jurisdiction. Under the
conditions described in this Subsection, the terms and condition of this Agreement shall be in
effect just as though a request for Mutual Aid had been initiated.
5.10 Costs. All costs associated with the provision of Mutual Aid, including but not
limited compensation for personnel; operation and maintenance of equipment, damage to
equipment: medical expenses; and food, lodging and transportation expenses shall be borne by
the Responding Party for the first twelve (12) hours that assistance is provided. Thereafter, all
costs associated with the provision of Mutual Aid, including but not limited to compensation for
personnel; operation and maintenance of equipment; damage to equipment; medical expenses;
and food, lodging and transportation expenses shall be paid for by the Responding Party and
reimbursed by the Requesting Party at a reasonable and documented cost. Requests for
reimbursement for reasonable and documented expenses must be submitted within ten (10)
working days of the return of 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 Responding Party 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 reimbursements shall be paid from
current funds of the respective Party. Both Parties acknowledge that unreimbursable costs
incurred will not be subject to reimbursement with any available federal funds.
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Article VI
Insurance
6.1 Worker's Compensation Coverage. Each Party shall be responsible for its own
actions and those of its employees and is responsible for complying with the Texas Workers'
Compensation Act.
6.2 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.
6.3 Liability. To the extent permitted by law and without waiving sovereign
immunity, each Party shall 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, public official's liability, if applicable, or maintain a comparable self-insurance
program.
6.4 Other Coverage. The Responding Party shall provide and maintain its standard
packages of medical and death benefit insurance coverage while its personnel are assisting the
Requesting Party.
Article VII
Waiver of Claims Against Parties; Immunity Retained
Except as specifically stated in this Agreement, each Party waives all claims against the
other Parties hereto for compensation for any loss, damage, personal injury, or death occurring 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 itself or its officers, employees or agents as a
result of the foregoing sentence or its execution of this Agreement and the performance of the
covenants contained herein.
Article VIII
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 IX
Miscellaneous
9.1 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
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governments" as that tern is defined herein and in the Interlocal Cooperation Act, Texas
Government Code Chapter 791.
9.2 Severability. 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.
9.3 Validity and Enforceability. 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.
9.4 Amendment. This Agreement may be amended only by the mutual written
consent of the Parties.
9.5 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.
9.6 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
mailed certified mail, return receipt requested, or may be transmitted by facsimile (fax)
transmission.
9.7 Warranty. The Agreement has been officially authorized by the governing body
of each Party hereto 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 Party to
this Agreement.
9.8 Governing Law and Venue. The laws of the State of Texas shall govern this
Agreement. In the event of an Emergency 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
occurred. In the event of an Emergency physically occurring in more than one county that is a Party
hereto, venue shall be determined in accordance with the Texas Civil Practice and Remedies Code.
9.9 Headings. The headings at the beginning of the various provisions of this
Agreement have been included only in order to make it easier to locate the subject covered by
each provision and are not to be used in construing this Agreement.
9.10 Entire Agyreement. 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. 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 9.4.
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�l
EXECUTED this day of r(�(C{r X015.
City of Lucas, Texas
By:
,loni larke, _ity Manager
Approved as to Form: v
Bti,: _
JAeplh Gorfi a,lr., ity Attorney
EXECUTED this day of . 2015.
City of Wylie, Texas
By:
Mindy Manson, City Manager
Approved as to Form:
By: _
Abernathy, Roeder, Boyd & llullett. P.C.
Ryan D. Pittman, City Attorneys
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