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HomeMy WebLinkAboutContract 12017 CITE' SECRETARY ARY THE STATE OF TEXAS CONTRACT No M AGREEMENT FOR MUTUAL AID �( IN FIRE PROTECTION COUNTY OF TARRANT X This Agreement is entered into this 17th day of J , 1981, by and between the CITY OF FORT WORTH, TEXAS, and the CITY OF ARLINGTON, TEXAS, hereinafter re- ferred to as the "Member Cities". WITNESSETH: WHEREAS, the governing officials of the Member Cities, political subdivisions of the State of Texas, desire to secure for each such city the benefits of mutual aid in the pro- tection of life and property from fire and in firefighting; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That, upon the request of one city who is a party hereto, each having fire suppression equipment and personnel, by the Fire Chief or Fire Alarm Operator of said city, fire- fighting equipment and personnel of said responding city, who is a party hereto, will be dispatched to any point within the city limits of said requesting Member City, designated by said Fire Chief or Fire Alarm Operator of said requesting city, subject to the emergency conditions hereinafter stated. It is hereby declared and agreed that an emergency con- dition for the purposes of this Agreement shall exist within the corporate limits of a party hereto at a time when one or more fires are in progress, and that, when such condition exists, the Chief of the Fire Department shall determine the advisability of sending firefighting equipment beyond the corporate city limits of the requested party, and the judgment of the Fire Chief shall be final. ��n , S,n �i�n J! 'sirb,�.a el�fi E Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following conditions: A. Upon the existence of a third alarm or greater fire in the requesting city, the responding city shall provide a first alarm response con- sisting of two engines, one ladder truck and one District Chief, upon notification of the requesting city which shall specify the location to which the equipment and personnel are to be dispatched. Any additional requests for aid hereunder shall include a statement of the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched, but the amount and type of additional equipment and number of personnel to be furnished shall be determined by the Fire Chief of the res- ponding city or his designee. B. Personnel from the Fire Department of the responding city shall report to the officer in charge of the requesting city at the location to which the equipment is dispatched and shall be subject to the orders of that official. C. Personnel from the Fire Department of the responding city shall be released by the officer in charge from the requesting city when the services of the responding city are no longer required or when the responding city is needed within the area for which it normally provides fire protection. 3. Each city waives all claims against the other city for compensation for any loss, damage, personal injury, or death (2) occurring as a consequence of the performance of this Agreement. Provided, however, that this waiver shall not apply in those cases in which the loss or damage results from the failure of the requesting city to accept responsibility for any loss or damage for which the requesting party is responsible as determined and required by the Interlocal Cooperation Act, Vernon' s Texas Civil Statutes, Article 4413(32c), Section 4(g) . 4. Neither city shall be reimbursed by the other city for costs incurred pursuant to this Agreement. Personnel who are assigned, designated or ordered by their governing body to perform duties, pursuant to this Agreement, shall receive the same wage, salary, pension, and all other compensation and rights for the performance of such duties, including in- jury or death benefits, and Workmen's Compensation benefits, as though the service had been rendered within the limits of the municipality where he or she is regularly employed. More- over, all wage and disability payments, except for those pay- ments the requesting city is required to pay under the Inter- local Cooperation Act cited above, pension payments, damage to equipment and clothing, medical expenses, and expenses of travel, food, and lodging shall be paid by the municipality in which the employee in question is reg;,'arly employed. 5. All equipment used by the responding fire department in carrying out this Agreement will, at the time of action hereunder, be owned by it; and all personnel acting for the responding fire department will, at the time of such action, be an employee or volunteer member of that fire department for all purposes, including any claims for workman's com- pensation which may arise during the action. (3) 6. That, pursuant to Article 4413(32c) , Section 4(g) of Vernon' s Texas Civil Statutes, each city agrees that the act of any person or persons while fighting fires, traveling to or from fires, or in any manner furnishing fire protection to the citizens of the other city, shall be considered as the act of the agent of the requesting city in all respects, not withstanding such person or persons may be regular employees or firefighters of the responding city, and any liability relating to the furnishing of services is the responsibility of the requesting city. 7. It is expressly understood and agreed that, in the execution of this Agreement and contract, neither city waives, nor shall he deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 8. It is further agreed by and between the parties hereto that either party shall have the right to terminate this Agreement upon ninety (90) days written notice to the other party. 9. This Agreement contains all committments and agree- ments of the parties hereto and no other oral or written committments shall have any fore or effect if not con- tained herein. 10. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be in- valid, illegal., or unenforceable in any respect, such invalidity, (4) illegality, or unenforceabilty shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 11. This Agreement is made for each respective Fire Depart- ment as a mutual aid agreement pursuant to Section 15 of Article 6889-7 of the Revised Civil Statutes of Texas, and for the purpose of Article 62228f, V.T.C.S. , and Article 42, U.S.C.A. , Section 3796, et seq. 12. The effective date of this Agreement shall be on the _ day of IX(° �` �✓{J 1981, at 8:00 a.m. CITY OF FORT WORTH, TEXAS By: 2 -� Woodie Woods, Mayor ATTEST: Eft Secretary A.PPROVE-D BY CITY COUNCIL -, b� CITY OF ARLINGTON, TEXAS ._-Ctir Se.Cx'e�axY Date By: J. Stovall, Mayor ATTEST: 4B. by4R , City Secretary APPROVED AS TO FORM AND LEGALITY FORT WORTH CITY ATTORNEY Paul C. Isham (5)