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16-Mutual Aid Agreement with Hopewell Fire DepartmentMemo�andum TO: City Council John Godwin, City Manager FROM: Larry Wright, Fire Chief SUBJECT: Mutual Aid Agreement DATE: May 6, 2013 BACKGROiJND: It is a common practice for Fire Departments to enter in to Mutual Aid agreements with contiguous Fire Departments to ensure the availability of extra manpower and equipment should an incident in a Fire Department's jurisdiction grow beyond that Fire Department's capabilities (large structure fire, multiple incidents occurring simultaneously, etc.). The Paris Fire Department wishes to continue the process of entering in to mutual aid agreements with contiguous Fire Departments. STATUS OF ISSUE: If approved by the City Council, the Paris Fire Department will enter in to a Mutual Aid Agreement with the Hopewell Volunteer Fire Department. As seen, this agreement does not bind the City of Paris to furnish resources to another entity if it would deplete our capabilities of protecting our City, however, it serves as an insurance policy for each entity if the incident reached a certain level of magnitude which required extra resources. BUDGET: The budget will not be impacted by this agreement. RECOMMENDATION: Approve the Mutual Aid Agreement with the Hopewell Volunteer Fire Department. 34 AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION This Agceement is entered into by and between the CITY OF PARIS, TEXAS, a home rule municipal corporation and HOPEWELL VOLUNTEER FIRE DEPARTMENT agencies signatory to this agreement, hereinafter referred to as "member local government," "Parties," or "Party." WITNESSETH WHEREAS, the purpose of this agreement is to provide mutual aid between the Parties for the protection of life and property in the event of a declaration of disaster ar fire emergency and request for firefighting assistance; and WHEREAS, this Agreement is entered into pursuant to Chapter 791 of the Texas Government Code (luterlocal Cooperation Act); NOW, THEREFORE, in consideration of the mutual covenants set out herein, the Parties agree as follows: DEFINITIONS. The following terms shall have the following meanings when used in this Agreement: A. For purposes of this contract, "member local government": means a: (1) County, municipality, special district, or other political subdivision of this state; or (2) Volunteer fire department constituted under state law and located in Lamar County, Texas B. For purposes of this contract, "mutual aid" refers to reciprocal assistance by the respective fire departments during a declared disaster or fire emergency under a prearranged plan. 2. INITIATION OF REQUEST. That upon request by the Fire Chief or his/her designee or by the fire alarm operator of one member local government to the fire department of the other member local government, available fire department equipment and personnel will be dispatched in aid of the requesting member local government to any point within the jurisdictional limits of the requesting local government, subject to the conditions hereinafter stated. Any request for assistance under this Agreement shall specify the nature of the disaster or fire emergency, the amount and type of frre department equipment and personnel needed, and the street address or GPS coordinates to which the equipment and personnel are to be dispatched. RESPONSE AND PROVISION OF MUTUAL AID. A. Upon i-eceipt of a request for mutual aid under this Agreeme��t, the Responding Local Goven�ment will dispatch the requested equipment and personnel; provided, however, the Responding Local Government, at its sole discretion, shall determine what equipment and personnel are available to furnish the requested aid. Page 1 of 3 35 B. Responding personi�el must meet the minimum firefighting standards as established by their jurisdiction or by the Texas Commission of Fire Protection whichever is applicable. C. Supervisory personnel, support eyuipment and personnel, or additional fire department equipment and personnel may also be dispatched to the member local government by direction of the Fire Chief of the responding member local government or his/her designee. D. The requesting local government must have a command system in place and an incident commander in charge of the incident. E. The senior fire representative from the responding member local government shall report to and be under the direction of the requesting member local government Incident Commander, and will direct the utilization of his/her resources ro assist in mitigating the emergency in accordance with accepted procedures. F. Fire department equipment and personnel from the responding local government shall be released by the Incident Commander as soon as they are no longer needed or when their services are needed within their normal fire protection area. G. All equipment used by the responding fire department in performing services under this agreement will, at the time of action hereunder, be owned by it or under its unrestricted operational control. All personnel who perform duties pursuant to this agreement shall be employees or trained volunteers of the responding member local government and shall receive the same pay and benefits for the performance of their duties as they would receive for regular duties performed in the service of the local government which they serve. H. Each member local government shall be solely responsible for its own costs and expenses incurred when providing mutual aid under this Agreement. It is expressly understood that when an employee or volunteer of the responding member local government is performing duties under the terms of this agreement, that person is considered to be acting in the line of duty and in the course and scope of their employment for the responding local government as provided under state law. 4. RELEASE/GOVERNMENTAL IMMUNITY. A. Tile member local governme��ts, its officers and employees shall not be liable for any loss, property damage, personal injury or death occurring as a consequence of the services provided under this Agreement. The member local government requesting aid hereby releases and holds the responding member local government harmless from any claims or causes of action for any loss, property damage, personal injury or death occurring as a consequence of the services provided under this agreement. B. It is further understood and agreed that, in the execution of this Agreement, neither member local government waives, nor shall be deemed to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Page 2 of 3 36 5. TERM/TERMINATION. A. The ter►n of this Agreement shall commence upon the date last sigi�ed by the parties hereto and shall continue for a period of one year. Thereafter, this Agreement shall automatically renew each year unless and until one party gives the other written notice of termination. B. Either Party may terminate this Agreement for any reason upon thirty (30) days' written notice to the other Party. 6. GENERAL PROVISIONS. A. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of Texas. B. 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. C. This Agreement contains all commitments and agreements of the member local governments regarding mutual fire protection and emergency medical service assistance, and no other prior oral or written commitments shall have any force or effect. D. This A�•eemei�t may be amended only in writing signed by an authorized official for eacl� Party. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates showi� below. CITY OF PARIS, TEXAS HOPEWELL VOLUNTEER FIRE DEPARTMENT John Godwin, City Manager Name Date ATTEST: Page 3 of 3 ,� l Title Date