R-975-3-90RESOLUTION NO. 975-3-90(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, AUTHORIZING THE MAYOR OF THE CITY
OF ALLEN TO ENTER INTO MUTUAL AID AGREEMENTS.
WHEREAS, it is in the best interests of the City of Allen to protect the
community from the loss of lives and property by fire, windstorm, or other
disaster; and,
WHEREAS, no one jurisdiction can maintain a large enough reserve of
manpower, equipment, and resources to react to its worst possible emergency;
and,
WHEREAS, the establishment of mutual aid agreements will allow state
insurance protection to extend to fire and rescue personnel while engaged in
emergency duties in other jurisdictions;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS THAT:
SECTION 1. The Mayor of the City of Allen is hereby authorized to
execute, in behalf of the City, mutual aid agreements with the cities and organized
fire departments of Collin County, to include Anna, Fairview, Farmersville,
Frisco, Lucas, McKinney, Murphy, Parker, Plano, Princeton, Royse City, Melissa,
and Wylie, all of which are municipal corporations; and Blue Ridge Fire Depart-
ment, Branch Fire Department, Celina Fire Department, Josephine Fire Depart-
ment, Lowery Crossing Fire Department, Nevada Fire Department, Prosper Fire
Department, Westminster Fire Department, and Weston Fire Department, each of
which is an organized fire department established within Collin County.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 15TH DAY OF MARCH, 1990.
APPROVED:
JX Farmer, MAYOR
ATTEST:
4Jy Mo ' on, CITY SECRETARY
COLLIN COUNTY
AGREEMENT FOR MUTUAL AID IN
DISASTER ASSISTANCE
THE STATE OF TEXAS
COUNTY OF COLLIN
THIS AGREEMENT entered into this 15th day of
March , 1990, by and between the Cities of Allen,
Anna, Fairview, Farmersville, Frisco, Lucas, McKinney,
Murphy, Parker, Plano, Princeton, Royse City, Melissa and
Wylie, all of which are Texas municipal corporations; and
Blue Ridge Fire Department, Branch Fire Department, Celina
Fire Department, Josephine Fire Department, Lowery Crossing
Fire Department, Nevada Fire Department, Prosper Fire
Department, Westminister Fire Department, and Weston Fire
Department each of which is an organized Fire Department
established within Collin County, Texas.
W I T N E S S E T H:
WHEREAS, the governing officials of the governmental
entities set forth above, political subdivisions and
independent Fire Departments of the State of Texas and the
United States of America, desire to secure for each such
entity the benefits of mutual aid in the protection of life
and property from fire and other disasters;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Upon the request of the Fire Chief or his/her
designee, or the Fire Alarm Operator/Dispatcher of an entity
which is a party hereto, --each entity having fire suppression
and other disaster equipment and personnel, may be
dispatched, during an emergency condition, to any point
within the geographical limits or district of the requesting
entity designated by the Fire Chief, or his designee, or
Collin County Agreement For Mutual
Aid in Disaster Assistance
Page 2
Fire Alarm Operator/Dispatcher of the requesting entity,
subject to the conditions hereinafter stated.
It is hereby agreed that an emergency condition shall
be deemed to exist within the geographical limits of a
requesting entity at a time when one or more fires are in
progress, or upon the occurrence of a disaster or situation
reasonably requiring more equipment or personnel than can be,
provided by the requesting entity. When an emergency
condition exists, the Chief of the fire department, or
his/her designee, of the requested entity shall determine
the advisability of sending or maintaining fire fighting
equipment or personnel beyond the geographical limits of the
requested entity and the judgment of the Fire Chief, or
his/her designee, shall be final.
2. Any dispatch of equipment and personnel pursuant
to this Agreement is subject to the following conditions:
a. Any request 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. The amount and type of equipment and
number of personnel to be furnished, if any, shall be
at the sole discretion of the Fire Chief or his/her
designee of the responding entity.
b. The responding entity shall report to the
officer in charge of the requesting entity's forces at
the location to which the equipment is dispatched and
assist in fire suppression or other emergency
condition.
C. A responding entity shall be released by the
requesting entity when the services of the responding
entity are no longer required or when the officer in
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Collin County Agreement For Mutual
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charge of the responding entity's forces determines, in
his/her sole discretion, that further assistance should
not be provided.
3. 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 to render aid at the scene of the
emergency until an accurate determinate of jurisdictional
responsibility can be made and if outside the responding
entity's jurisdiction, until the responding entity is
properly relieved by the entity having jurisdiction. Under
the conditions described in this paragraph, the terms and
conditions of this Agreement shall be in effect just as
though a request for mutual aid had been initiated.
4. Each entity waives all claims against other
entities for compensation for any loss, damage, personal
injury, or death occurring as a consequence of the
performance of this Agreement. Provided, however, that this
waiver shall not apply in those cases in which the claim
results from the failure of the requesting entity to accept
responsibility for any civil liability for which the
requesting entity is responsible as determined and required
by the Interlocal Cooperation Act, Vernon's Texas Civil
Statutes, Art. 4413 (32c), Sec. 4(g), and as it may be
amended in the future.
5. A responding entity shall not be reimbursed by the
requesting entity 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
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performance of such duties, including injury or death
benefits, and Workmen's Compensation benefits, as though the
service had been rendered within the limits of the entity
where he or she is regularly employed. Moreover, all wage
and disability payments, except for those payments the
requesting entity is required to pay under the Interlocal
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 entity in
which the employee in question is regularly employed.
6. All equipment used by the responding entity's fire
department in carrying out this Agreement will, during the
time response services are being performed, be owned by it;
and all personnel acting for the responding entity's fire
department under this Agreement will, during the time
response services are required, be paid firepersons of the
fire department of the responding entity or member of an
organized volunteer fire department rendering fire fighting
services to the responding entity.
7. At all times while equipment and personnel of any
responding entity's fire department are traveling to, from,
or within the geographical limits of the requesting entity
in accordance with the terms of this Agreement, such
personnel and equipment shall be deemed to be employed or
used, as the case may be, in the full line and cause of duty
of the responding entity's fire department. Further, such
equipment and personnel shall be deemed to be engaged in a
governmental function of its governmental entity.
8. In the event that an individual performing duties
subject to this Agreement shall be cited as a defendant
party to any state or federal civil lawsuit, arising out of
his or her official acts while performing duties pursuant to
the terms of this Agreement, such individual shall be
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entitled to the same benefits that he or she would be
entitled to receive had such civil action arose out of an
official act within the scope of his or her duties as a
member of the department where regularly employed or
volunteering and occurred within the jurisdiction of the
governmental entity where regularly employed or
volunteering. The benefits described in this paragraph
shall be supplied by the entity where the individual is
regularly employed or volunteering. However, in situations
where the requesting entity may be liable, in whole or in
part, for the payment of damages, then the requesting entity
may intervene in such cause of action to protect its
interests.
9. It is agreed by and between the parties hereto
that any party hereto shall have the right to terminate
their participation in this Agreement upon ninety (90) days
written notice to the other parties hereto. It is further
agreed that additional governmental entities may become
parties, and existing parties may be removed as parties,
upon the affirmation vote of a majority of the governing
bodies of the parties hereto, any such additions becoming
effective upon the execution of an Agreement for Mutual Aid
In Disaster Assistance.
10. This Agreement contains all commitments and
agreements of the parties hereto as to mutual aid in the
protection of life and property from fire and other
disasters, and no other oral or written commitments shall
have any force or effect if not contained herein.
Notwithstanding the preceding sentence, it is understood and
agreed that certain signatory entities may have heretofore
contracted or hereafter contract with each other for fire
protection and/or other related services, and it is hereby
agreed that this Agreement shall be subordinate to said
individual contracts.
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11. Each party agrees that if legal action is brought
under this Agreement, exclusive venue shall lie in Collin
County, Texas.
12. 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
provisions thereof and this Agreement shall be construed as
if such invalid, illegal or unenforceable provision had
never been contained herein.
13. In order to assist each other in the process of
mutual aid response planning, each party hereto agrees to
inform the other parties of all mutual aid agreements which
each party has instituted with other municipalities,
entities, counties, or other state agencies.
14. This Agreement is made pursuant to V.T.C.A.
Government Code, Chapter 418, commonly referred to as the
Texas Disaster Act of 1975, and for the purpose stated in
Article 6228f V.A.C.S., as amended.
15. In order to facilitate execution, each party
hereto may execute a duplicate original. When executed,
each party shall deliver such Agreement to the Secretary of
the Collin County Firemen and Fire Marshal's Association,
which is hereby designated as the repository for executed
Agreements. With the executed Agreement, each entity shall
also forward its applicable formal approval documents, such
as City Council Resolutions or certified copies of minutes
of organizational meetings, which authorize participation
and execution.
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Collin County Agreement For Mutual
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16. Effective date of this Agreement shall be on
March 1, 1990, at 12:01 o'clock a.m. for all entities that
have forwarded validly executed agreements to the Collin
County Firemen and Fire Marshal's Association. Thereafter,
the effective dates for an entity to be a party to this
Agreement shall be the date its validly executed Agreement
is received by the Collin County Firemen and Fire Marshal's
Association.
EXECUTED by the Cities or Independent Fire Departments
of Allen, Anna, Blue Ridge, Celina, Fairview, Farmersville,
Frisco, Lucas, McKinney, Melissa, Murphy, Parker, Plano,
Princeton, Prosper, Royse City, Wylie, Branch, Josephine,
Lowery Crossing, Nevada, Westminister and Weston, each
respective governmental entity acting by and through its
City Manager or other duly authorized official in the manner
required by each respective entity's Charter, or otherwise
as required by law, on the date hereinbelow specified.
DATE: March 15, 1990
ATTEST:
r
APPROVED AS TO FORM:
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City of Allen
(Name of Entity)
gnature of person
executing Agreement
Mayor
Title
Collin County Agreement For Mutual Page 8
Aid in Disaster Assistance
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF &71&1§
BEFORE ME, the undersigned authority, on this day
personally appeared ,
0,41yoe of 0 i/- ,
a corporation, known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he/she execute the same as the act
and deed of the / , for the
purposes and consideration therein 6xpressed and in the
capacity therein stated.
GIVEN under my hand
day of Z;?y"d/z ,
♦���"r,�i4e EDITH R MC MIWON
Notarryy Public
* • STATE OF TEXAS
My Commidon Wrss
Ocbbw 13,1993
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and seal of office this the I. -Ile
1990.
Notary Public in and or the
State of Texas