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07-MUTUAL AID AGREEMENT BETWEEN PARIS FIRE DEPARTMENT AND THE POWDERLY FIRE DEPARTMENTMemo�andum To: c��y co���l John Godwin, City Manager FROM: Larry Wright, Fire Chief SUBJECT: Mutual Aid Agreement DATE: May 21, 2013 BACKGROLJND: 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 Powderly 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 Powderly Volunteer Fire Department. 31 AGREEMENT FOR MUTUAL A►ID IN FIRE PROTECTION This Agreement is entered into by and between the CITY OF PARIS, TEXAS, a home rule municipal corporation and POWDERLY VOLUNTEER FIRE DEPARTMENT INC. agencies signatory to this agreement, hereinafter referred to as "member local government," "Parties," or "Party." WITNESSETii WHEREAS, the purpose of this agreement is to provide mutual aid between the Parties for the protection of life and pmperty in the event of a declaration of disaster or fire emergency and request for firefighting assistance; and WHEREAS, this Agreement is entered into pursuant to Chapter 791 of the Texas Government Code (Interlocal Cooperation Act); NOW, THEREFORE, in consideration of the mutual covenants set out herein, the Parties agree as follows: 1. DEFINTTIONS. The following terms shall have the following meanings when used in this Agreement: A. For purposes of this contract, "member local govemment": 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. IlvITIATION OF REOUEST. 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 amoant and type of fire department equipment and personnel needed, and the street address or GPS coordinates to which the equipment and personnel are to be dispatched. 3. RESPONSE AND PROVISION OF MUTUAL AID. A. Upon receipt of a request for mutual aid under this Agreement, the Responding Local Government will dispaich the requested equipment and personnel; provided, however, the Page 1 of 3 �� Responding Local Government, at its sole discretion, shalt determine what equipment and personnel are available to furnish the requested aid. B. Responding personnel 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 equipment and personnel, or additional fire department equipment and personnel may also be dispatched to the member local govemment by direction of the Fire Chief of the responding member loca) 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 utitization of hislher resources to 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. Atl equipment used by the responding fire department in performing services under this ageernent will, at the time of action hereunder, be owned by it or under its unrestricted aperational control. All personnel who perform duties pursuant to this ageement 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. Each member lucal government shall be solely responsible for its own costs and expenses incurred when providing mutual aid under this Agreement. H. Neither member local government shall be reimbursed by the other for costs incurred pursuant to this Agreement, unless a prior understanding has been reached regarding reimbursement for specific costs or expenses. I. 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 io the course and scope of their employment for the responding local government as provided under state Iaw. 4. RELEASE/GOVERNMENTAL IMMLTNITY, A. The member local governments, its officers and employees shall not be liabte 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 governmental member harmless from any claims or causes ofaction for any loss, property damage, personal injury or death occurring as a consequence of the services provided under this agreement. 8. It is further understood and agreed that, in the execution of this Agreement and contract, neither member local government waives, nor shall be deemed to have waived, any immunity Page 2 of 3 33 or defense that would otherwise be available to it against claims arising in the exercise of govemmental powers and functions. 5. TERM/TERMINATION. A. The term of this Agreement shail commence upon the date last signed 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 Ageement shall be for any reason held to be invalid, illegal or unenforoeable in any respect, such invalidity, illegaliiy 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 a!I 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. T'his Agreement may be amended onty in writing signed by an authorized official for each Party. IN WITNBSS WHEREOF, the parties have executed this Agreement on the dates shown below. CITY OF PARIS, TEXAS John Godwin, City Manager Date Page 3 of 3 3 �' POWDERLY VOLUNTEER FIRE DEPARTMENT ��'L- ,;�1��..._. Steven Williams President—Board of Directors Title 5-17-13 Date