RES 1997-04TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 97 - p.4
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS APPROVING THE
PARTICIPATION BY THE TOWN IN AN INTERLOCAL
AGREEMENT TO PROVIDE MUTUAL AID FOR DISASTER
ASSISTANCE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the fire and emergency response agencies of Denton County have
recognized the need for cooperation, and mutual aid in times of emergency and disaster; and
WHEREAS, no government agency, or organized volunteer agency can afford to retain
personnel, and to purchase equipment in sufficient numbers to adequately provide fire and
emergency services in time of disaster; and
WHEREAS, the Chapter 791, Tex. Gov. Code (the "Code"), authorizes local
governments to enter into contracts with other local governments to perform governmental
functions and services for one another; and
WHEREAS, the Section 418.102(d) of the Code allows for the development of mutual
aid plans to provide assistance between a municipality, county, rural fire prevention district, fire
protection agency, organized volunteer group, or other emergency services entity; and
WHEREAS, in order to further protect the health, safety and welfare of the citizens of
the Town of Trophy Club, the Town desires to participate in the proposed mutual aid agreement
for the provision of disaster services.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The Town of Trophy Club, Texas is authorized to enter into an interlocal
cooperation agreement with other participating agencies of Denton County for mutual aid in
disaster assistance, and the Mayor of the Town is authorized and empowered to execute the
Agreement on behalf of the Town. A sample copy of such an Agreement is attached hereto and
fully incorporated herein.
Section 2. This Resolution shall take effect from and after its date of adoption.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 18th day of February , 1997.
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DOC 1{: 361303
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
own A torney,
Town o Trophy Club, Texas
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DOC #: 361303
DENTON COUNTY
AGREEMENT FOR MUTUAL AID IN
DISASTER ASSISTANCE
THE STATE OF TEXAS)
COUNTY OF DENTON)
THIS AGREEMENT is entered into this 18th day of February, 1997, between the
Cities of Carrollton, Coppell, Denton, Flower Mound, Fort Worth, Frisco, Highland Village,
Lewisville, Plano, Roanoke, Southlake,The Colony,Aubrey,Town of Trophy Club, and
Trophy Club M.U.D. (all of which are Texas municipal corporations), and Argyle Volunteer
Fire District, Double Oak Fire Department, Justin Fire Department, Krum Fire Department,
Lake Cities Fire Department, Little Elm Rual Fire Prevention District No. 1, Pilot Point Fire
Department, Ponder Fire Department, Prosper Fire Department, Sanger Fire Department, and
Mayhill-Cooper Creeek Fire Department (each of which is an organized Fire Department
established within Denton County, Texas).
WITNESSETH:
WHEREAS the governing officials of the governmental entities, political
subdivisions and independently organized fire departments of the State of Texas and the
United States of America, set forth above, 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:
37REEMENT FOR MUTUAL AID
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 available
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 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 seeking
assistance in handling the emergency. When an emergency condition exists, the
Chief of the fire department or his/her designee of the responding entity shall
determine the advisability of sending or maintaining fire fighting equipment or
zn
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
,GREEMENT FOR MUTUAL AID
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. The responding entity shall operate within the parameters established
by the requesting entity's incident management system;
d. 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/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
kGREEMENT FOR MUTUAL AID 3
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. All parties to this Agreement waive any and all claims it has against any other party
for any loss (including loss of use), personal injury (including death), and damages
of whatever nature which occur or arise out of the obligations to be performed under
this Agreement.
This waiver shall have no force or effect for claims or suits against the requesting
entity by third parties for civil liability as provided by Chapter 791.006 of the
Interlocal Cooperation Act, Texas Government Code, as the same may be amended.
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
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
?AGREEMENT FOR MUTUAL AID 4
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 or in the service of its organzied volunteer fire department,
whichever may apply;
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 entitled to the same benefits that he or she would be entitled to
receive had such civil action arisen out of an official act within the scope of his or her
AGREEMENT FOR MUTUAL AID 5
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;
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 thirty (30) 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 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;
11. Each party agrees that if legal action is brought under this Agreement, exclusive
AGREEMENT FOR MUTUAL AID 6
venue shall lie in Denton 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 418.106,
commonly referred to as the Texas Disaster Act of 1975;
15. In order to facilitate execution, each party hereto may execute a duplicate original.
When executed, each party shall deliver such Agreement to the Denton County Fire
Marshal, 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;
16. Effective date of this Agreement shall be on February 18, 1997, at 12:01 a.m. for all
.GREEMENT FOR MUTUAL AID 7
entities that have forwarded validly executed agreements to the Denton County Fire
Marshal. 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 Denton County
Fire Marshal;
EXECUTED by the Cities or Independent Fire Departments of Argyle, Aubrey,
Carrollton, Coppell, Denton, Double Oak, Flower Mound, Frisco, Fort Worth, Highland
Village, Justin, Krum, Lake Dallas, Lewisville, Little Elm, Pilot Point, Plano, Ponder,
Prosper, Roanoke, Sanger, Southlake, The Colony, and Trophy Club, each entity acting by
and through its City Manager, Fire Chief, or other duly authorized official in the manner
required by each respective entity's Charter, or as otherwise required by law on
AGREEMENT FOR MUTUAL AID 8
the date hereinbelow specifced.
SIGNED this 18th day of February , 1997.
Printed Name/Title:
Name of Entity: Town_ -If Trcnlhy ('111h
ATTEST:
Mrited Name: xa ran Sa d r;
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
Ib day of Fibs rc 19gl .
Approved as to form: (Optional)
kGREEMENT FOR MUTUAL AID
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Notary Pub is in and for the ttate of Texas
My commission expires: QI ZCLq 7
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CATHY M. MORGAS
Notary Public
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State of Texas
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'tt?eof� •'
° Comm. Ex Sept.0 1997
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Approved as to form: (Optional)
kGREEMENT FOR MUTUAL AID
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Notary Pub is in and for the ttate of Texas
My commission expires: QI ZCLq 7