HomeMy WebLinkAboutResolution 2000-094
RESOLUTION NO, 2000-094
WHEREAS, the City Council finds that it is in the best interests of the City and it
inhabitants that the City of North Rich/and Hills enter into the attached inter-local
agreement with the cities of Colleyville and Hurst.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, that:
1.
The City Manager be, and is hereby, authorized to execute the attached Agreement
for Automatic Aid for Fire Protection and Emergency Medical Services with the City of
Colleyville and the City of Hurst.
PASSED AND APPROVED this 27 day of November, 2000.
APPROVED:
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, Patricia'Hùtson, City Secretary
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APPROVED AS TO CONTENT:
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Andy Jones, Fire ief
AGREEMENT FOR AUTOMATIC AID FOR FIRE PROTECTION
AND
EMERGENCY MEDICAL SERVICES
THE STATE OF TEXAS
COUNTY OF TARRANT
THIS AGREEMENT is entered into this day of 2000,
by and between the cities of North Richland Hills, Colleyville, and Hurst, Texas,
all being municipal corporations chartered under the Constitution and laws of the
State of Texas, each acting through its authorized representatives.
WHEREAS, the cities of North Richland Hills, Colleyville and Hurst
(referred to as "the cities") desire to enter into an agreement for the automatic
provision of fire protective and emergency medical services; and
WHEREAS, this Agreement is entered into pursuant Chapter 791, Texas
Government Code; NOW THEREFORE,
It is agreed as follows:
I.
MUTUAL ASSISTANCE
a)
Upon the request of the Fire Chief or his designee of one of the cities
to the fire department of another of the cities to respond to a fire or
medical emergency within the city limits of the requesting city, the
requested city will respond with available fire department equipment
and personnel in aid of the requesting city to any point within a
reasonable distance of the city limits of the responding city.
The Fire Chief of each city will designate the area outside the city's
limits which is within a reasonable distance.
b)
c)
If conditions exist within the responding city that prevent response
outside its city limits, the Fire Chief or his designee shall immediately
notify the fire department of the requesting city that no response can
be made.
II.
PROCEDURES
A dispatch of fire department equipment and personnel pursuant to
agreement is subject to the following procedures:
(1) A request for aid by street address shall specify the location by street
address to which the equipment and personnel are to be dispatched.
(2) The responding city shall respond to the specified location and
initiate action to mitigate the emergency or provide backup coverage
if requested.
(3) A responding city shall be released by the requesting city when the
services of the responding city are no longer required.
III.
COMMON CITY LIMIT LINES
In areas where common 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 fire department equipment and personnel
and notify the other affected city or cities of the alarm. If the emergency is not
within the city limits of the responding city, it is agreed that the services provided
will be considered to have been provided pursuant to this Agreement.
IV.
C LAI MS
Each city waives all claims against the other cities for compensation for
any loss, damage, personal injury or death occurring as a consequence of the
performance of this agreement. However, this waiver shall not apply in those
cases in which a claim results from the failure of the requesting city to accept
responsibility required by Section 791,006, Texas Government Code,
V.
COSTS
A responding city shall not be reimbursed by the requesting city for costs
incurred in responding to an emergency pursuant to this agreement. Personnel
who perform duties pursuant to this agreement shall receive the same wage,
salary, pension, injury or death benefits, worker's compensation benefits
payment of 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 by which they are employed. Each city shall be solely
responsible for the payment of its costs associated with providing fire
department equipment and personnel under this agreement.
VI.
SUPERVISION
The equipment and personnel of a responding city shall be under the
control and supervision of employees of the responding city during a response
pursuant to this agreement.
VII.
LIABILITY
In accordance with Section 791,006 of the Texas Government Code, the
requesting city is responsible for any civil liability that arises from the furnishing
of fire department services pursuant to this agreement effective action in
emergency situations by those entrusted with the responsibility of saving lives
and property by protecting such governmental units from liability, and their
employees, agents, and officers from non-intentional tort liability to the fullest
extent permitted by statutory and constitutional law. This section shall be
liberally construed to carry out the intent of the City Councils of the entities
involved,
VIII.
TERMINATION AND REMOVAL
Each city has the right to terminate its participation in this agreement with
ninety (90) days written notice to the other cities. Additional cities may become
parties to this agreement, and an existing party may be removed as a party upon
the vote of a majority of the governing bodies of the other cities.
IX.
PRIOR COMMITMENTS
This agreement contains all commitments and agreements of the cities
regarding automatic aid for fire protection and emergency medical services, and
no other prior oral or written commitments shall have any force or effect.
Notwithstanding the preceding sentence, it is understood that certain signatory
cities may have contracted or may contract in the future with each other for total
fire protection and emergency medical services, and it is agreed that this
agreement shall not affect those contracts,
X.
VENUE
Each party agrees that if legal action is brought under this agreement
exclusive venue shall lie in Tarrant County, Texas.
XI.
BENEFITS
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,
XII.
SEVERABILITY
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.
XIII.
AUTHORIZATION
This agreement is made pursuant to Chapter 791 and Subchapter E,
Chapter 418, Texas Government Code, It is agreed that in the execution of this
agreement, no party waives any immunity or defense that would otherwise be
available to it, against claims arising from the exercise of governmental powers
and functions.
EXECUTED this
Texas.
day of
2000, at Tarrant County,
CITY OF NORTH RICHLAND HILLS, TEXAS
BY:
CITY MANAGER
CITY OF COLLEYVILLE, TEXAS
BY:
CITY MANAGER
CITY OF HURST, TEXAS
BY:
CITY MANAGER