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RES 2003-14TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2003-14 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 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 C this the 17th day of March 2003. ATTES Town Secretary, own of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney, Town of Trophy Club, Texas of,tbe Tow, - Trophy Club, Texas Club, Texas DENTON COUNTY AGREEMENT FOR MUTUAL AID IN DISASTER ASSISTANCE THE STATE OF TEXAS) COUNTY OF DENTON) THIS AGREEMENT is entered into this 17th day of March, 1002, 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 District, Double Oak Fire Department, Justine Fire Department, Krum Fire Department, Lake Cities Fire Department, Little Elm Rural Fire Prevention District No. 1, Pilot Point Fire Department, Ponder Fire Department, Prosper Fire Department, Sanger Fire Department (each of which is an organized Fire Department established within Denton County, Texas. WITNEESSETH: 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, 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 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 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 the fire fighting equipment or personnel beyond the geographic limits of the requested entity and the judgement 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. 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 jurisdiction boundaries exist, it is understood that accurate determination of jurisdiction may not be possible upon receipt of the alarm. In such cases, it 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. 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 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 responses 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 organized volunteer fire department, whichever may apply; 8. In the event that an individual performing duties subject to this Agreement shall be sited 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 actin arisen 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. 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 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 venue shall lie in Denton County, Texas. 12. In case one or more of the provisions contained in this Agreement shall be, or any reason, held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision 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 Marshall, 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 the City Council Resolutions or certified copies of minutes of organizational meetings, which authorize participation and execution. 16. Effective date of this Agreement shall be February 18,1997, at 12:01 a.m. for all entities that have forwarded validly executed agreements to the Denton County Fire Marshall. Thereafter, the effective dates for an entity to be a party of this Agreement shall be the date its validly executed Agreement is received by the Denton County Fire Marshall; 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 the date hereinbelow specified. SIGNED this 17th day of March 2003. Printed Name/Title S,eott Smith, Mayor Name of Entity: Town of Trophy Club, Texas ATTEST: Printed Name Diane Cockrell SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this the 17`h day of March 2003. Approved as to form: ' (Optional) Notary P hic m adf©r the St My corn s Y "'BE4 i;rcLOS�SAN NOTARY PUBLIC STATE OF TEXAS � P 1u-06-2006 Town Attorney