HomeMy WebLinkAboutContract 23007 a
7 „ N 1033
The State Of Texas CITY SECRETARY
CONTRACT NO.
County of Tarrant
Agreement for Mutual Aid in Fire Protection
and
Emergency Medical Services
This agreement is entered into this 17 day of r„ I V 1 997 , by and
between the CITY OF Ft. Worth ,TEXAS and the CITY OF
Blue Mound ,TEXAS, hereinafter referred to as "member cities."
WITNESSETH
WHEREAS, the governing officials of the member cities, political subdivisions of
the State of Texas, desire to secure for each city the benefits of mutual aid in the
protection of life and property from fire and in firefighting and emergency medical
services; and
WHEREAS, this agreement is entered into pursuant to Chapter 791 of the Texas
Government Code;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 05FICIld E�� O
1 7y
That upon request by the Fire Chief or his/her designee or by the fire alarm
operator of one member city to the fire department of the other member city, available
firefighting equipment and personnel will be dispatched in aid of the requesting
member city to- any point within a reasonable distance of the city limits of the
responding city, subject to the conditions hereinafter stated.
The Fire Chief of each member city shall designate what constitutes a
reasonable travel distance outside the city limits of his/her jurisdiction.
It is hereby declared and agreed that an emergency condition shall exist within
the corporate limits of a requesting member city when one or more fires are in
progress. When such an emergency exists, upon request of the Fire Chief, or his/her
designee, or by the fire alarm operator of a member city in which the emergency
condition exists (the 'requesting city") to the fire department of another member city
(the 'responding city"), the Fire Chief or designee of the responding city may dispatch
such firefighting equipment and personnel to the aid of the requesting city as he/she
deems advisable subject to the conditions hereinafter set out.
2.
Any dispatch of firefighting equipment and personnel pursuant to this agreement
is subject to the following conditions:
A. It is expressly understood and agreed that before responding in
accordance with this Agreement that each Member City will have a City
ordinance in effect before the effective date of this Agreement which sets
out the standard of care for emergency action which substantially states
the following: " Every officer, agent or employee of the City and every
officer, agent or employee of an authorized provider of emergency
services, including, but not limited to every unit of government or
subdivision thereof, while responding to emergency calls or reacting to
emergency situations, regardless of whether any declaration of
emergency has been declared or proclaimed by a unit of government or
subdivision thereof, is hereby authorized to act or not to act in such a
manner to effectively deal with the emergency. An action or inaction is
'effective' if it in any way contributes or can reasonably be thought by the
provider of such emergency service to contribute to preserving any lives
or property. This Section shall prevail over every other ordinance of the
City and, to the extent to which the City has the authority to so authorize,
over any other law establishing a standard of care in conflict with this
Section. Neither the City nor the employee, agent or officer thereof, or
other unit of government or subdivision thereof or its employees, agents
or officers shall be liable for failure to use ordinary care in such
emergency. It is the intent of City government, by passing this ordinance,
to assure effective action in emergency situations by those entrusted with
the responsibility of saving lives and property by protecting such
government units from liability, and their employees, agents and officers
from nonintentional tort liability to the fullest extent permitted by statutory
and constitutional law, this ordinance shall be liberally construed to carry
out the intent of City government."
B Any request for assistance under this agreement shall specify the amount
and type(s) of firefighting equipment needed, the MAPSCO location, and
the street address to which the equipment and personnel are to be
dispatched.
One unit of firefighting apparatus, pumper (engine) or aerial (ladder), with
a minimum of three personnel, or a brush truck or water supply vehicle
with a minimum of two personnel will be the normal response to a request
for mutual aid assistance to a member city, under the terms of this
agreement; however, the Fire Chief of the responding city or his/her
designee may dispatch additional equipment and personnel.
Responding personnel must meet the minimum firefighting standards as
established by their jurisdiction or by the Texas Commission on Fire
Protection whichever is applicable.
State of Texas, Department of Health certified personnel meeting the
standards established by the Texas Commission on Fire Protection
(Emergency Care Attendants, Emergency Medical Technicians and
Paramedics ) may provide emergency medical services to the degree
allowed by their certification.
Supervisory personnel, support equipment and personnel, or additional
firefighting equipment and personnel may also be dispatched to the
member city by direction of the Fire'Chief of the responding member city
or his/her designee.
C. The requesting city must have a command system in place and an
incident commander in charge of the incident.
D. The senior fire representative from the responding member city shall
report to and be under the direction of the requesting member city
Incident Commander, and will direct the utilization of his/her resources to
assist in mitigating the emergency in accordance with accepted
procedures.
E. Firefighting equipment and personnel from the responding city shall be
released by the Incident Commander as soon as they are no longer
needed or when their services are needed within their normal fire
protection area.
F. In areas where common member city limit lines exist, accurate
determination of jurisdiction may not be possible upon receipt of an alarm.
In these cases, the city receiving the alarm will dispatch its firefighting
equipment and personnel and notify the other affected city of the alarm. If
the emergency is not within the city limits of the responding member city,
it is agreed that the services provided will be considered to have been
provided pursuant to this agreement.
3.
Each city waives all claims against the other city for compensation for any loss,
property damage, personal injury or death occurring as a consequence of the
performance of this agreement.
Neither member city shall be reimbursed by the other for costs incurred pursuant
to this agreement, with the exception of supplies and consumable items.
4.
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 personnel who
perform duties pursuant to this agreement shall receive the same payment, salary,
pension, injury or death benefits, workers' compensation benefits, payment of
r
expenses, and all other compensation and rights for the performance of those duties,
as they would have received for their regular duties in the service of the city which they
serve. Each city shall be solely responsible for the payment of its costs associated with
providing firefighting equipment and personnel under this agreement.
5.
That pursuant to Chapter 791 Of the Texas Government Code, 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 or emergency medical services to the citizens of
the other city shall be considered as the act of the agent of the requesting city in all
respects, notwithstanding 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.
6.
It is expressly understood that when an employee or volunteer of the responding
city is performing duties under the terms of this agreement, that person is considered to
be acting in the line of duty for the purposes of 42 U.S.C.A., Section 3796; is
considered to be in performance of duties within the provisions of Article 6228f,
V.T.C.S., and Chapter 142, Texas Local Government Code;and shall be entitled to any
other benefits which accrue under law as a result of injury, death, or loss which occurs
while in the line of duty.
7.
It is further understood and agreed that, in the execution of this agreement and
contract, neither member city waives, nor shall be 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.
Each city agrees that if legal action is brought under this agreement, exclusive
venue shall lie in Tarrant County, Texas.
9.
This agreement contains all commitments and agreements of the member cities
regarding mutual fire protection and emergency medical service assistance, and no
other prior oral or written commitments shall have any force or effect.
10.
In case one or more of the provisions contained in this agreement shall be for
any reason held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision, and this agreement
shall be construed as if the invalid, illegal or unenforceable provision had never been
contained in the agreement.
11.
Each member city may terminate this agreement upon thirty (30) days' written
notice to the other member city.
12.
This agreement shall be effective on the day of -07
City of City of A-f��
Name /) Name
4V
Title Title
Approved as to form and legality: Approved qs to orm and legality:
�l
i y orney -?/ZI/97 City ttorney
Attest: Attest:
City Secretary City Secrets
contract Authors ion
Date