R-1334-5-95RESOLUTION NO. 1334-5-95(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 A MUTUAL AID AGREEMENT.
WHEREAS, both natural and man made disasters consistently pose equipment and
manpower problems beyond the capacity of most individual cities, and
WHEREAS, in the past cities in the North Texas Council of Governments area have
provided assistance to other cities in the form of personnel and equipment both during
the initial emergency as well as protracted cleanup periods, and
WHEREAS, a formal agreement between the cities would allow for better
coordination of this effort, provide that adequate equipment is available, and help
ensure that this is accomplished in the minimum time possible, and
WHEREAS, the governing officials of the entities who have executed this
Agreement or identical counterparts, political subdivisions and public entities of the
State of Texas and the United States of America, collectively desire to secure for each
such entity the benefits of mutual aid and protection of life and property in the event
of a disaster;
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, a mutual aid agreement with cities in the North Texas Council of
Government area.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THE 18TH DAY OF MAY 1995.
APPROVED:
' "
foe Farmer, MAYOR
ATTEST:
f
AM0yon, CITY SECRETARY
AGREEMENT FOR MUTUAL AID IN
DISASTER ASSISTANCE
STATE OF TEXAS
COUNTY OF COLLIN
THIS AGREEMENT is entered into this 18th day of May, 1995
by and between the undersigned municipal corporations, political
subdivisions, and public entities, and others executing identical
counterparts hereto, as parties hereto, each acting through its
duly authorized officials.
WITNESSETH•
WHEREAS, both natural and man made disasters consistently pose
equipment and manpower problems beyond the capacity of most
individual cities, and
WHEREAS, in the past cities in the North Central Texas Council
of Governments area have provided assistance to other cities in the
form of personnel and equipment both during the initial emergency
as well as protracted cleanup periods, and
WHEREAS, a formal agreement between the cities would allow for
better coordination of this effort, provide that adequate equipment
is available, and help ensure that this is accomplished in the
minimum time possible, and
WHEREAS, the governing officials of the entities who have
executed this Agreement or identical counterparts, political
subdivisions and public entities of the State of Texas and the
United States of America, collectively desire to secure for each
such entity the benefits of mutual aid and protection of life and
property in the event of a disaster;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. That upon request of the City Manager or the person or
officer designated by the entity, each entity which is a party
hereto shall furnish mutual aid in coping with a disaster as
defined in Section 418.004 of the Texas Government Code and the
forces necessary to provide such mutual aid to a requesting entity
or entities, during a state of local disaster as declared by the
requesting entity, subject to the conditions hereinafter stated.
2. The provisions of this agreement are activated whenever
any party declares a local disaster. The governing body of each
party, by signing this agreement, authorizes the provisions of
assistance upon a declaration of a local disaster.
KAD9-94
3. Any furnishing of equipment, supplies, and forces
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, shall specify the location to
which the equipment and personnel are to be dispatched,
and shall state the time period for which such equipment
and personnel are requested. The entity furnishing aid
hereunder shall in its sole discretion, determine what
equipment and personnel are available to furnish the
requested aid.
b. The responding entity shall report to the officer in
charge of the requesting entity's forces at the location
to which the equipment and personnel are dispatched.
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
charge of the responding entity's forces determines, in
his sole discretion, that further assistance should not
be provided.
4. Each entity which is a party hereto shall prepare and
keep current an emergency management plan for its jurisdiction
providing for disaster preparedness, response, recovery, and
rehabilitation. The plan may provide for wage, price, and rent
controls and other economic stabilization methods in the event of
a disaster and shall provide for curfews, blockades, and
limitations on utility use in an area affected by a disaster. It
shall provide rules governing entrance to and exit from the
affected area, and other security measures deemed necessary.
5. The City of Dallas will act as the coordinating agency
for mutual aid responses under this Agreement. Such coordination
shall be through the Emergency Operations Center of the City of
Dallas (EOC). As part of its duties as coordinating agency, the
City of Dallas, EOC shall maintain a current listing of all parties
to this agreement. Such listing shall include personnel to be
contacted in each member city, appropriate telephone and facsimile
numbers, and other information which would be needed in order to
contact each member in the case of a response. In the event of a
wide spread disaster affecting more than one entity which is a
party hereto, the EOC shall coordinate the call-up and assignment
of personnel and equipment to the affected areas.
6. The participating entities shall contribute $500 each to
the EOC as an initial deposit with the execution of this Agreement.
Additional funds shall be deposited by the member cities upon
request by the City of Dallas. Funds shall be used only by the
City of Dallas for services rendered as a result of this agreement.
HAD9-94 2
An additional $500.00 contribution will be requested by the City of
Dallas when the fund is expected to be depleted. An accounting of
funds expended by the City of Dallas shall be provided no less than
annually by the City of Dallas.
7. Each entity waives all claims against the other entities
which are 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 or employee of another entity.
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 by the
Interlocal Cooperation Act, Chapter 791 of the Government Code of
Texas, and as it may be amended in the future.
8. A responding entity shall be reimbursed by the requesting
entity for costs incurred pursuant to this Agreement in furnishing
disaster assistance or aid. Personnel who are assigned, designated
or ordered by their governing body to perform duties pursuant to
this Agreement shall receive the same wages, salary, pension, and
other compensation and rights for the performance of such duties,
including injury or death benefits and worker's compensation
benefits, as though the service had been rendered within the limits
of the entity where he or she is regularly employed. All wage and
disability payments, except for those payments the requesting
entity is required to pay under the Interlocal Cooperation Act,
pension payments, damage to equipment and clothin
ical
expenses, and expenses of travel, food, and lodging shall bepaidby the entity in which the employee in question is regularly
employed.
9. All equipment used by the responding entity incarrying
out this Agreement will, during the time response services are
being performed, be owned, leased, or rented, by it; and all
personnel acting for the responding entity under this Agreement
will, during the time response services are required, be paid by
the responding entity. At all times while equipment and personnel
of any responding entity 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. Further, such
personnel shall be deemed to be engaged in a governmental function
of their entity.
10. 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 entitled to the same benefits that he or
MAD9-94 3
she would be entitled to receive had such civil action arisen out
of an official act within the scope of his or her duties for the
entity where regularly employed or volunteering and occurred within
the jurisdiction of the 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.
11. It is agreed by and between the parties hereto that any
party hereto shall have the right to terminate its participation in
this Agreement upon ninety (90) days written notice to the other
parties hereto.
12. This Agreement contains all commitments and agreements of
the parties hereto as to mutual aid to be rendered during or in
connection with the declaration of a local state of disaster. No
other oral or written commitments of the parties 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 mutual aid in disaster situations, and
it is hereby agreed that this Agreement shall be subordinate to any
such individual contract.
13. Each entity hereby ratifies the actions of its personnel
taken prior to the date of this Agreement.
14. The parties agree that this Agreement is entered into
between the entities pursuant to the authority of Chapter 418 and
Chapter 791 of the Government Code. The entities which are parties
hereto agree that this Agreement is for the performance of
governmental functions and services as described in Chapter 791.
15. 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 hereof and
this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
16. 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 or federal agencies.
17. This contract has been officially authorized by the
governing body of each party hereto. Each entity which performs
services or furnishes equipment pursuant to the terms of this
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Agreement shall do so with funds available from current revenues of
the entity.
18. This Agreement shall be effective immediately upon the
execution of a counterpart hereof by the authorized officer of each
entity, and shall remain in full force and effect until terminated
by one or more of the contracting entities. Notwithstanding the
provisions hereof, any local government which is a party hereto may
provide emergency assistance to another local government as
provided in Section 791.027 of the Texas Government Code.
EXECUTED by the parties hereto, each respective entity acting
by and through its duly authorized official as required by law, on
the date specified on the multiple counterpart executed by such
entity.
ATTEST: City of Allen, Texas
(Name of Governmental Entity)
.00
Joe Farmer /_
(Mayor) (Signature)
DATED: May 18, 1995
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AGREEMENT FOR MUTUAL AID IN DISASTER ASSISTANCE
Preliminary Resource Questionnaire for Participating Cities
CITY Allen, TX CONTACT Craig Gillis (Person completing questionnaire)
PHONE (214) 727-0262 FAX ' (214) 727-0265
1. Please list a primary and secondary point of contact for accessing you city's resources. Include 24 hour 7
day a week contact information.
PRIMARY NAME/TITLE Fire/Police Dispatch
PHONE (214) 727-0222
FAX Teletype "ALEZ"(TLETS)
SECONDARY NAME/TITLE Craig Gillis Fire Marshal/EMC
PHONE (214) 727-0262 FAX (214) 727-0265
AFTER HOURS NAME/TITLE Jon McCarty, City Manager
PHONE (214) 727-4323 FAX
2. What basic type resources/equipment will you be willing to commit to other cities that may request such
assistance?
Police/Fire/Ambulance Public Works Streets Utilities
Related Equipment in support of requested services.
3. Do you have an existing law enforcement mutual aid agreement? YES X NO
If yes, with what departments?
Greater Dallas/Fort Worth Regional Interlocal Agreement
4. Do you have an existing fire mutual aid agreement? YES X NO
If yes, with what departments?
All fire departments in Collin County.
S. If your city has a paramedic level EMS system, who provides medical control?
Hospital Plano Medical Center (HCA)
PLEASE USE BACK FOR ANY ADDITIONAL COMMENTS