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Res 15-29 Authorizing an Agreement with the City of Keller for Automatic Mutual AidTOWN OF WESTLAKE RESOLUTION NO. 15-29 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF KELLER FOR AUTOMATIC MUTUAL AID FOR FIRE EMERGENCIES. WHEREAS, the city/town of Keller and Westlake (referred to as "the cities") desire to enter into an agreement for the automatic provision of fire protective services; and, WHEREAS, this Agreement is entered into pursuant to Subchapter A, Chapter 791, Texas Government Code; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety SECTION 2: That the Town of Westlake Town Council does hereby authorize the Town Manager to enter into the interlocal agreement, attached as Exhibit "A ". SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 15-29 Page I of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 20" DAY OF OCTOBER 2015, ATTEST: Kelly Edw�r s, Town Secretary /.11» 1TOM 7�I► C�7 it iia lell- L. Stan Lowry, Vwn Attorney i � Laura L. Wheat, Mayor Thomas E. Brymef,n Manager M S Resolution 15-29 Page 2 of 2 INTERLOCAL AGREEMENT FOR AUTOMATIC AID FIRE PROTECTION THE STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is entered into on this tUlAlday of , 20 11;3j , by and between the cities of Keller and Westlake, Texas, being municipal corporations chartered under the Constitution and laws of the State of Texas, each acting through its authorized representatives. WHEREAS, the cities of Keller and Westlake (referred to as "the cities") desire to enter into an agreement for the automatic provision of fire protective services; and WHEREAS, this Agreement is entered into pursuant to Subchapter A, Chapter 791, Texas Government Code; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, KELLER AND WESTLAKE HEREBY AGREE TO THE FOLLOWING: MUTUAL ASSISTANCE (a) Upon the request of the Fire Chief or his designee of one of the cities to the fire department of another of the cities to respond to a fire emergency within the city limits of the requesting city, the requested city will respond with available firefighting equipment and personnel in aid of the requesting city to any point within a reasonable distance of the city limits of the responding city. (b) The Fire Chief of each city will designate the area outside the city's limit which is within a reasonable distance. (c) If conditions exist within the responding city that prevent response outside its city limits, the Fire Chief or his designee shall immediately notify the fire department of the requesting city that no response can be made. II. PROCEDURES A dispatch of firefighting equipment and personnel pursuant to this Agreement is subject to the following procedures: (1) A request for aid by street address shall specify the location by street address to which the equipment and personnel are to be dispatched. (2) The responding city shall respond to the specified location and initiate action to mitigate the emergency or provide backup coverage if requested. (3) A responding city shall be released by the requesting city when the services of the responding city are no longer required. III. COMMON CITY LIMIT LINES In areas where common city limit lines exist, accurate determination of jurisdiction may not be possible upon receipt of an alarm. In these cases, the city receiving the alarm will dispatch its firefighting equipment and personnel and notify the other affected city or cities of the alarm. If the emergency is not within the city limits of the responding city, it is agreed that the services provided will be considered to have been provided pursuant to this Agreement. IV. CLAIMS 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. However, this waiver shall not apply in those cases in which a claim results from the failure of the requesting city to accept responsibility required by Section 791.006, Texas Government Code. V. COSTS A responding city shall not be reimbursed by the requesting city for costs incurred in responding to an emergency pursuant to this Agreement. Personnel who perform duties pursuant to this Agreement shall receive the same wage, salary, pension, injury or death benefits, worker's compensation benefits, payment of expenses, and all other compensation and rights for the performance of those duties, as they would have received for their regular duties in the service of the city for which they are employed. Each city shall be solely responsible for the payment of its costs associated with providing firefighting equipment and personnel under this Agreement. VI. SUPERVISION The equipment and personnel of a responding city shall be under the control and supervision of employees of the responding city during a response pursuant to this Agreement. Vi 1. LIABILITY In accordance with Section 791.006 of the Texas Government Code, the requesting city is responsible for any civil liability that arises from the furnishing of firefighting services pursuant to this Agreement effective action in emergency situations by those entrusted with the responsibility of saving lives and property by protecting such governmental units from liability, and their employees, agents, and officers from non- intentional tort liability to the fullest extent permitted by statutory and constitutional law. This section shall be liberally construed to carry out the intent of the City Councils of the entities involved. Vlll. TERMINATION Each city has the right to terminate its participation in this Agreement with ninety (90) days written notice to the other cities. Additional cities may become parties to this Agreement, and an existing party may be removed as a party upon the vote of a majority of the governing bodies of the other cities. IX. PRIOR COMMITMENTS This Agreement contains all commitments and agreements of the cities regarding automatic fire protection aid, and no other prior oral or written commitments shall have any force or effect. Notwithstanding the preceding sentence, it is understood that certain signatory cities may have contracted or may contract in the future with each other for total fire protection services, and it is agreed that this Agreement shall not affect those contracts. X. VENUE Each party agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Tarrant County, Texas. XI. BENEFITS When an employee or volunteer of the responding city is performing duties under the terms of this Agreement, that person is considered to be acting in the line of duty for the purposes of 42 U.S.C.A., Section 3796; is considered to be in performance of duties within the provisions of Article 6228f, V.T.C.S., and Chapter 142, Texas Local Government Code; and shall be entitled to any other benefits which accrue under law as a result of injury, death, or loss which occurs while in the line of duty. XII. SEVERABILITY 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. XIII. AUTHORIZATION This Agreement is made pursuant to Chapter 791 and Subchapter E, Chapter 418, Texas Government Code. It is agreed that in the execution of this Agreement, no party waives any immunity or defense that would otherwise be available to it, against claims arising from the exercise of governmental powers and functions. EXECUTED this � day of �(� e 20,E at Tarrant County, Texas. CITY OF KELLER, TEXAS BY: /A/& Mark R. Hafner, i y anager 0 , - N -.Manager