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Resolution No. 2015-093 Automatic Assistance ILAFARMERS BRANCH RESOLUTION NO. 2015-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, APPROVING AN AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE WITH THE TOWN OF ADDISON, CITY OF CARROLLTON, AND CITY OF COPPELL; AND PROVIDING AN EFFECTIVE WHEREAS, the establishment of the North Texas Emergency Communication Center ( "NTECC ") and the consolidated public safety dispatch center it will own and operate on behalf of Addison, Carrollton, Coppell, and Farmers Branch ( "the Cities ") will result in the resources of the Addison, Carrollton, Coppell, and Farmers Branch fire departments ( "the Fire Departments ") being dispatched from a single computer aided dispatch ( "CAD ") system with automatic vehicle location ( "AVL ") capability; and WHEREAS, the above - described capabilities will allow the Fire Departments to better coordinate available personnel and resources so that, when necessary and critical for the preservation of life and property, resources from the Fire Department of one of the Cities may be dispatched as the first responding units to an emergency call within the incorporated limits of one of the other Cities in order to reduce response times and increase the levels of service in all of the Cities; and WHEREAS, there is presently no interlocal agreement in place among all of the Cities that will allow this special type of mutual aid to occur on a routine basis; and WHEREAS, City Administration recommends that the City of Farmers Branch, on behalf of its Fire Department, enter into an interlocal agreement with the other Cities relating to the provision of automatic assistance amongst the Cities by the Fire Departments; and WHEREAS, the City Council of the City of Farmers Branch finds it to be in the public interest to enter into the recommended agreement: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS THAT: SECTION 1. The City Manager is hereby authorized to enter into an Agreement for Fire Department Automatic Assistance ( "the Agreement ") with the Town of Addison, City of Carrollton, and City of Coppell substantially in the form attached hereto as Exhibit "A" and incorporated herein by reference. Furthermore, the City Manager, the Fire Chief, and their respective designees are hereby authorized to negotiate and enter into one or more Memoranda of Understanding as called for in the Agreement with one or more of the Cities from time to time as they deem in the public interest of the residents of the City of Farmers Branch. SECTION 2. This resolution shall become effective immediately upon its approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THIS 5T11 DAY OF OCTOBER, 2015. ATTEST: APPR 4)7/Le- L4IL_A_ Amy Piukana, iterim City Secretary APPROVED AS TO FORM: 4 Peter G. Smith, City attorney (kbl:9/17/15:73343) Bo Phelps, Mayor Resolution No. 2015 -093 Exhibit "A" Form of Agreement for Fire Department Automatic Assistance AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE AMONG THE TOWN OF ADDISON, CITY OF CARROLLTON, CITY OF COPPELL AND CITY OF FARMERS BRANCH THIS AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE (this "Agreement ") is entered into as of the Effective Date by and among the Town of Addison, City of Carrollton, City of Coppell and City of Farmers Branch, (hereinafter referred to as "Addison," "Carrollton," "Coppell" and "Farmers Branch," respectively, as a "City," when referenced individually or, collectively as the "Cities "), all of which are Texas home rule municipalities, each acting herein through its duly authorized officials. RECITALS WHEREAS, this Agreement serves to maximize cooperation among the Cities and promote a stronger homeland security effort through regionalism as promulgated by the Department of Homeland Security; and, WHEREAS, the governing officials of the Cities, political subdivisions of the State of Texas and United States of America, desire to secure for each such entity the benefits of automatic assistance in the protection of life and property from fire and other disasters as well as provision of aid in the event of medical emergencies; NOW, THEREFORE, for and in consideration of the covenants and conditions set forth herein, the Cities agree as follows: 1. In consideration of each City's automatic assistance to one or more of the other Cities upon the occurrence of an emergency condition in any portion of the designated area where this Agreement for Fire Department Automatic Assistance is in effect, a predetermined number and amount of rescue equipment and personnel, firefighting equipment and/or emergency medical equipment or personnel of one or more of the Cities shall be dispatched, to such point where the emergency condition exists in order to assist in the protection of life and property subject to the conditions hereinafter stated. The Cities acknowledge and agree that the services and assistance described herein relate only to firefighting and emergency medical services provided by the fire departments of the respective Cities. This Agreement does not require the provision of mutual aid through any other departments or agencies of the Cities, which mutual aid may be (and in some cases are) covered under other mutual aid agreements between or among one or more of the Cities. 2. For the purposes of this Agreement the following words and phrases shall have the meanings set forth below unless the context otherwise clearly indicates another meaning: A. "MAA" means that certain Mutual Aid Agreement relating to the provision of mutual aid assistance relating to disaster and emergency events within Dallas County by and among various local governmental entities local all in or part within Dallas County, Texas, including, but not limited to Addison (which signed the MAA on July 26, 2011), Carrollton (which signed the MAA on January 11, 2011), Coppell (which signed the MAA on January 11, 2011), and Farmers Branch (which signed the MAA on December 16, 2010). B. "Emergency Condition" means any condition requiring water rescue, fire protection or emergency medical services, inclusively. C. "Receiving City" means the City within whose corporate limits the location of the site where the Emergency Condition is occurring. D. "Responding City" means the City responding to a call relating to an Emergency Condition pursuant to this Agreement the site of which is within the incorporated limits of another City. 3. Details as to amounts and types of assistance to be dispatched, methods of dispatching and communications, training programs and procedures and areas to be assisted will be developed by the Cities' Fire Chiefs. These details will be stipulated in one or more Memoranda of Understanding ( "MOU ") signed by the Fire Chiefs of the Cities to which the MOU applies. Each MOU may be revised or amended at any time by mutual agreement of the Fire Chiefs whose departments are parties to the MOU. The MOUs entered pursuant to this Agreement may include and apply to two, three, or all four of the Cities as necessary to carry out the purpose of this Agreement. In the event of a conflict between an MOU and the main body of this Agreement, this Agreement shall control. 4. Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following conditions: A. The predetermined amount of aid, type of equipment and number of personnel shall be sent by the Responding City in accordance with the applicable MOU, unless such amount of assistance is unavailable due to emergency conditions confronting the Receiving City's or Responding City's forces at the time of need for assistance under this Agreement. B. In fulfilling their obligations provided for in this Agreement, the Cities agree to comply with the procedures set forth in the MOU's which their respective Fire Chiefs have signed pursuant to this Agreement, a copy of which shall be placed on file in the office of the City Secretary of each City in reference to this Agreement and made part hereof for all purposes upon its completion and execution by the Chiefs. 5. 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 and each MOU entered pursuant to this Agreement. THE ASSIGNMENT OF LIABILITY UNDER THIS AGREEMENT IS INTENDED TO BE DIFFERENT THAN LIABILITY OTHERWISE ASSIGNED UNDER TEXAS GOVERNMENT CODE SECTION 791.006, SUBSECTION (a). INSTEAD, LIABILITY, IF ANY, SHALL BE AS SET OUT IN THIS AGREEMENT, AS PROVIDED BY TEXAS GOVERNMENT CODE SECTION 791.006, SUBSECTION (al). EACH CITY SHALL BE RESPONSIBLE FOR ANY LIABILITY RESULTIING FROM ITS OWN ACTIONS OR OMISSIONS, AND THOSE OF ITS OWN EMPLOYEES, REGARDLESS OF WHICH CITY WOULD HAVE BEEN RESPONSIBLE, IN THE ABSENCE OF THIS AGREEMENT, FOR FURNISHING THE SERVICES PROVIDED. THIS PROVISION IS FOR THE BENEFIT OF THE CITIES AND IS NOT INTENDED TO CREATE A THIRD -PARTY CAUSE OF ACTION OR WAIVE ANY IMMUNITIIES OR DEFENSES AVAILABLE TO THE CITIES. AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: ADDISON, CARROLLTON, COPPELL & FARMERS BRANCH: Page 4 of 12 (KBL:9/17/15:72926) 6. A Responding City, whether one or more, shall not be reimbursed by the Receiving City for costs incurred pursuant to this Agreement. It is understood and agreed that each City has previously entered into the MAA. Costs incurred and to be reimbursed pursuant to the MAA shall be governed under the terms of the MAA. An employee of a Responding City who is assigned, designated or ordered by the employee's Fire Chief 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 Worker's Compensation benefits, as though the service had been rendered within the corporate limits of Responding City where the person is regularly employed. Moreover, all medical expenses, wage and disability payments, except for those payments each City is required to pay under the MAA, pension payments, damage to equipment and clothing, and expenses of travel, food, and lodging shall be paid by the City with which the employee in question is regularly employed. Notwithstanding the foregoing to the contrary, as to any mutual assistance between or among the Cities arising out of the occurrence of an Emergency Condition in the areas described in an MOU, the conditions and obligations of this Agreement shall take precedence over the conditions and obligations of the MAA. The resources necessary for the Cities to meet their respective obligations under this Agreement are deemed to be unavailable to provide services under the MAA. 7. All equipment used by each City's fire department in carrying out this Agreement will, during the time response services are being performed, be owned by the Responding City; and all personnel acting for each City's fire department under this Agreement will, during the time response services are required, be paid employees of the City where they are regularly employed. 8. At all times while equipment and employees of a Responding City's fire department are traveling to, from, or within the incorporated limits of the Receiving City in accordance with the terms of this Agreement, such personnel and equipment shall be deemed to be employed or used by the Responding City. Further, such equipment and personnel shall be deemed to be engaged in a governmental function for the Responding City. 9. In the event that any person performing duties subject to this Agreement shall be cited as a defendant party to any state or federal civil lawsuit arising out of the person's official acts while performing duties pursuant to the terms of the Agreement, such person shall be entitled to the same benefits that the person would be entitled to receive had such civil action arisen out of an official act within the course and scope of the person's duties as an employee of the City where the person is regularly employed and occurred within the jurisdiction of the City where the person is regularly employed. The benefits described in this Section 9 shall be supplied by the City with whom the person is regularly employed. However, in situations where the other Receiving City may be liable, in whole or in part, for the payment of damages, then the Receiving City may intervene in such cause of action to protect its interests. 10. Each City shall have the right to terminate its participation in this Agreement by providing written notice to the other Cities not later than ninety (90) days prior to the date of termination of such City's participation. 11. The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the Cities shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The Cities agree to submit to the personal and subject matter jurisdiction of said court. 12. In case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: ADDISON, CARROLLTON, COPPELL & FARMERS BRANCH: Page 5 of 12 (KBL:9/17/15:72926) 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. This Agreement is made for the Cities' respective fire departments as automatic assistance pursuant to V.T.C.A., Government Code, Chapter 418, commonly referred to as the Disaster Act of 1975; and nothing in this Agreement is intended to limit the availability of benefits to each City's personnel under Texas Government Code Chapter 615, as amended, and as it may be amended in the future. 14. • Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, by hand - delivery or facsimile transmission and addressed to the respective City at the following address: If intended for Town of Addison: With copy(ies) to: Town of Addison Attn: City Manager 5300 Belt Line Road Dallas, Texas 75254 If intended for City of Carrol Iton: City of Carrollton Attn: City Manager 1945 E. Jackson Road Carrollton, Texas 75006 If intended for City of Coppell: City of Coppell Attn: City Manager 255 E. Parkway Boulevard Coppell, Texas 75019 City Attorney Town of Addison 5300 Belt Line Road Dallas, Texas 75254 Town of Addison Attn: Fire Chief 5300 Belt Line Road Dallas, Texas 75254 With copy(ies) to: City Attorney City of Carrollton 1945 E. Jackson Road Carrollton, Texas 75006 City of Carrollton Attn: Fire Chief 1945 E. Jackson Road Carrollton, Texas 75006 With copy(ies) to: Robert E. Hager Nichols, Jackson, Dillard, Hager & Smith, LLP 500 N. Akard, Suite 1800 Dallas, Texas 75201 City of Coppell Attn: Fire Chief 255 E. Parkway Boulevard Coppell, Texas 75019 AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: ADDISON, CARROLLTON, COPPELL & FARMERS BRANCH: Page 6 of 12 (KBL:9/17/15:72926) If intended for City of Farmers Branch: City of Farmers Branch Attn: City Manager 13000 William Dodson Parkway Farmers Branch, Texas 75234 With copy(ies) to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, LLP 500 N. Akard, Suite 1800 Dallas, Texas 75201 City of Farmers Branch Attn: City Manager 13333 Hutton Drive Farmers Branch, Texas 75234 15 In the performance of this Agreement, none of the Cities waive, nor shall be deemed hereby to have waived, any immunity or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Cities do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in any persons or entities who are not parties to this Agreement. 16. This Agreement and the MOU's entered pursuant to this Agreement represent the entire agreement among the Cities with respect to the subject matter covered by this Agreement. There is no other collateral, oral or written agreement between the parties that in any manner relates to the subject matter of this Agreement. 17. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 18. The recitals to this Agreement are incorporated herein. 19. This Agreement may be amended by the mutual written agreement of all Cities. 20. Each City has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each City has been properly authorized and empowered to sign this Agreement. The persons signing this Agreement hereby represent that they have authorization to sign on behalf of their respective City. 21. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 22. No City may assign, transfer, or otherwise convey this Agreement without the prior written consent of the other Cities. 23. Unless expressly stated otherwise, whenever the consent or the approval of a City is required herein, such City shall not unreasonably withhold, delay or deny such consent or approval. 24. Whenever a dispute or disagreement arises under the provisions of this Agreement, the Cities agree to enter into good faith negotiations to resolve such disputes. If the matter continues to remain unresolved, the Cities shall refer the matter to outside mediation, the costs of which shall be shared equally, prior to engaging in litigation (unless delaying the filing of a lawsuit might result in the lawsuit being barred, including but not limited to a bar by a statute of limitations). The provisions of this Section 24 shall survive termination. AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: ADDISON, CARROLLTON, COPPELL & FARMERS BRANCH: Page 7 of 12 (KBL:9/17/15:72926) 25. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the Cities, pertaining to a period of time following the termination of this Agreement shall survive termination. 26. Each City paying for the performance of governmental functions or services pursuant to this Agreement must make those payments from current revenues available to the paying City or from funds otherwise lawfully available to the City for use in the payment of the City's obligations pursuant to this Agreement. 27. No City shall be liable to any or all of the other Cities for any failure, delay, or interruption in the performance of any of the terms, covenants, or conditions of this Agreement due to causes beyond the City's respective control or because of applicable law, including, but not limited to, war, nuclear disaster, strikes, boycotts, labor disputes, embargoes, acts of God, acts of the public enemy, acts of superior governmental authority, floods, riots, rebellion, sabotage, terrorism, or any other circumstance for which a City is not legally responsible or which is not reasonably within its power to control ( "a Force Majeure Event "). The affected City's obligation shall be suspended during the continuance of the inability then claimed, but for no longer period. To the extent possible, the City whose performance is affected by a Force Majeure Event shall endeavor to remove or overcome the inability claimed with all reasonable dispatch. 28. This Agreement shall be effective and enforceable as to those Cities who have signed this Agreement on the date it has been signed by an authorized representative of such Cities, but in no case earlier than the date the date it bears the signature of the authorized representative of two of the Cities ( "the Effective Date "). (Signatures on Following Pages) AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: ADDISON, CARROLLTON, COPPELL & FARMERS BRANCH: Page 8 of 12 (KBL:9/17/15:72926) Town of Addison Signature Page SIGNED AND AGREED this ATTEST: Chelsea N. Gonzales, City Secretary APPROVED AS TO FORM: Brenda N. McDonald, City Attorney day of , 2015. TOWN OF ADDISON By: Charles W. Daniels, Interim City Manager • AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: ADDISON, CARROLLTON, COPPELL & FARMERS BRANCH: Page 9 of 12 (KSL:9/17115:72926) City of Carrollton Signature Page SIGNED AND AGREED this day of , 2015. CITY OF CARROLLTON By: ATTEST: Krystle F. Nelinson, City Secretary APPROVED AS TO FORM: Meredith A. Ladd, City Attorney Leonard Martin, City Manager AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: ADDISON, CARROLLTON, COPPELL & FARMERS BRANCH: Page 10 of 12 (KBL:9/17/15:72926) City of Coppell Signature Page SIGNED AND AGREED this day of , 2015. CITY OF COPPELL By: ATTEST: Christel Pettinos, City Secretary APPROVED AS TO FORM: City Attorney Clay Phillips, City Manager AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: ADDISON, CARROLLTON, COPPELL & FARMERS BRANCH: Page 11 of 12 (KBL:9/17/15:72926) City of Farmers Branch Signature Page SIGNED AND AGREED this day of , 2015. CITY OF FARMERS BRANCH By: ATTEST: Amy Piukana, Interim City Secretary APPROVED AS TO FORM: _a4 .0771>, Peter G. Smith ity Attorney Gary D. Greer, City Manager AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: ADDISON, CARROLLTON, COPPELL & FARMERS BRANCH: Page 12 of 12 (KBL:9/17/15:72926)