1997-081T \WPDOCS\ORD\FIREAID ORD
ORDINANCE NO ~--0~/
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
FOR MUTUAL AID IN FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES ON
BEHALF OF THE CITY OF DENTON WITH THE CITY OF FORT WORTH RELATING
TO SERVICES EACH CITY MAY PROVIDE THE OTHER DURING TEXAS MOTOR
SPEEDWAY EVENTS; AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager is authorized to execute
an agreement for mutual ald in fire protection and emergency
medical services on behalf of the C~ty of Denton with the City of
Fort Worth relating to services each city may provide the other
during Texas Motor Speedway Events, a copy of which agreement ~s
attached hereto and incorporated herein
SECTION II That the expenditure of funds as provided in the
attached agreement is hereby authorized
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROV~D':~TO LEGAL FORM,
HERBERT L PROUTY, CITY ATTORNEY
The State of Texas
Countxes of Tarrant and Denton
Agreement for Mutual .Md in Fire Protection
and
Emergency Medical Services
Tlus agreement ,s entered mto flus /~'/'day of/l//t:Iff~ , /q~Yby and between the
CITY OF --~~ , TEXAS AND THE CITY OF'~'~-/.~..
TEXAS, hereinafter referred to as "member cities"
WITNESSETH
WHEREAS, the govermng officials of the member clues, pohUcal subdivisions of the
State of Texas, desire to secure for each city the benefits of mutual md ~n the protecUon of
hfe and property from fire and m firefightmg and emergency medical services, and
WHEREAS, flus agreement is entered into pursuant to Chapter 791 of the Texas
Government Code,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS
1
That upon request by the Fn'e Cluef or lus/her designee or by the fire alarm operator
of one member city to the fire depari~nent of the other member city, available firefightmg
equipment and personnel wall be dispatched m md of the requesting member city to any point
w~thm a reasonable distance oftbe city hmits of the responding city, subject to the conthUons
hereinafter stated
The F~re Chief of each member city shall designate what consUtutes a reasonable
travel distance outside the city lmuts of lus/her junsdicuon
It is hereby declared and agreed that an emergency condiuon shall exist within the
corporate lmuts of a requesting member city when one or more fires are in progress When
such an emergency exists, upon request of the F~re Cluef, or lus/her designee, or by the fire
alarm operator of a member city m winch the emergency condmon exists (the "requesting
city") to the fire depa~hnent of another member city (the "responding city"), the Frre Cluef
or designee of the responding city may dispatch such firefightmg equipment and personnel
to the md of the requesting city as be/she deems advisable subject to the condiUons
hereinafter set out
Any dispatch of firefightmg equipment and personnel pursuant to tins agreement is
subject to the following condmons
A. It is expressly understood and agreed that before responding m accordance with
tins Agreement that each Member City will have a City ordmance m effect
before the effective date of tins Agreement winch sets out the standard of care
for emergency action winch substanually states the following "Every officer,
agent or employee of the City and every officer, agent or employee of an
anthonzed provider of emergency services, mcludmg, but not lmnted to every
umt of government or subdivision thereof, wlule responding to emergency calls
or reacting to emergency situal~ons, regardless of whether any declarauon of
emergency has been declared or proclmmed by a umt of government or
subdivision thereof, is hereby authorized to act or not to act m such a manner
to effecuvely deal w~th the emergency An acUon or macuon is 'effecuve' ~f
it m any way contributes or can reasonably be thought by the provider of such
emergency service to contribute to preservmg any hves or property Tins
Section shall prevail over every other ordinance of the City and to the extent to
winch the City has the authority to so authorize, over any other law estabhshmg
a standard of care m confhct with flus Section Neither the C~ty nor the
employee, agent or officer thereof, or other umt of government or subdivision
thereof or its employees, agents or officers shall be hable for failure to use
ordinary care in such emergency, It ~s the mtent of City government, by
passing flus ordmance, to assure effective acl~on in emergency situations by
those entrusted with the respons~inhty of savmg hves and property by protecting
such government units from hainhty and thetr employees, agents and officers
from nonmtent~onal tort hainhty to the fullest extent permitted by statutory and
const~tuUonal law, flus ordmance shall be hberally construed to carry out the
intent of City government"
B. Any request for assistance under this agreement shall specify the amount and
type(s) of firefightmg equipment needed, the MAPSCO locaUon, and the street
address to which the equipment and personnel are to be dispatched
One umt of fire fighting apparatus, pumper (engme) or aerial (ladder), w~th a
minimum of three personnel, or a brush truck or water supply veincle voth a
nummum of two personnel will be the normal response to a request for mutual
~ud assistance to a member city, under the terms of flus agreement, however,
the F~re Cinef of the responding city or Ins/her designee may dispatch additional
equipment and personnel
Responding personnel must meet the nnmmum firefightmg standards as
estabhshed by tbetr jur~sd~ctton or by the Texas Commissxon on F~re Protecuon
wincbever is apphcable
State of Texas, Depa~h~lent of Health cemfied personnel meeting the standards
estabhshed by the Texas Comnuss~on on Ftre Protection (Emergency Care
Attendants, Emergency Medical Techmclans and Paramedxcs) may provide
emergency medtcal services to the degree allowed by their certification
Supervisory personnel, support equipment and personnel, or addmonal
firefighUng eqmpment and personnel may also be thspatched to the member city
by d~recl~on of the F~re C[uef of the responding member c~ty or [us/bet
designee
C The requesting c~ty must have a command system m place and an incident
commander m charge of the incident
D The semor fire representative from the responding member c~ty shall report to
and be under the dtrect~on of the requesting member ctty Incxdent Commander,
and will dtrect the unhTat~on of [us/her resources to assist m nut~gamag the
emergency ~n accordance w~th accepted procedures
E Ftrefightmg equipment and personnel from the responding c~ty shall be released
by the Incident Commander as soon as they are no longer needed or when theut
services are needed vat[un thent normal fire protection area
F In areas where common member c~ty hm~t hnes exist, accurate deternunal~on
ofjurlsd~cUon may not be possible upon receipt of an alarm In these cases, the
c~ty receiving the alarm wall dispatch its firefightmg eqmpment and personnel
and not~fy the other affected c~ty of the alarm If the emergency ~s not wit[un
the city hnuts of the responding member c~ty, ~t is agreed that the services
prowded will be considered to have been prowded pursuant to this agreement
3
Each city waives all clamls against the other c~ty for compensation for any loss,
property damage, personal injury or death occurring as a consequence of the performance
of tins agreement
Neither member c~ty shall be rennbursed by the other for costs recurred pursuant to
t[us agreement, w~th the exception of supphes and the consumable ~tems
4
Ail equipment used by the responding fire deparhilent m carrying out tins agreement
vail, at the tmle of action hereunder, be owned by it, and personnel who perform duUes
pursuant to th~s agreement shall receive the same payment, salary, pension, injury or death
benefits, workers' compensation benefits, payment of expenses, and all other compensation
and nghts for the performance of those duties, as they would have received for their regular
duties m the service of the city wluch they serve Each city shall be solely responsible for
the payment of its costs associated w~th provutmg firefightmg equipment and personnel under
flus agreement
That pursuant to Chapter 791 of the Texas Government Code, each city agrees that
the act of any person or persons wlule fighting fires, travehng to or from fires, or m any
manner furmshmg fire protection or emergency medical services to the ciuzens of the other
city shall be considered as the act of the agent of the requesting city m all respects,
notwtthstandmg such person or persons may be regular employees or firefighters of the
responding city, and any hab~hty rela~ng to the furmslung of services is the responmb~hty
of the requesl~ng city
6
It is expressly understood that when an employee or volunteer of the responding city
is performing duties under the terms of this agreement, that person is considered to be acung
m the line of duty for the purposes of 42 U S C A , Secuon 3?96, is considered to be m
performance of duties w~thm the provision of ArUcle 6228f, V T C S, and Chapter 142,
Texas Local Government Code, and shall be enUtled to any other benefits which accrue
under law as a result of injury, death, or loss which occurs while in the hne of duty
It is further understood and agreed that, m the execution of flus agreement and
contract, neither member city waives, nor shall be deemed hereby to waive, any ~mmumty
or defense that would otherwise be available to it against clauns arising in the exercise of
governmental powers and functions
8
Each city agrees that if legal action is brought under this agreement, exclusive venue
shall he m Tarrant County, Texas
9
Tius agreement contains all commitments and agreements of the member cities
regarding mutual fire protection and emergency medical service assistance, and no other
prior oral or written comnutments shall have any force of effect
10
In case one or more of the provisions contained m flus agreement shall be for any
reason held to be mvahd, dlegal or unenforceable m any respect, such mvahdlty, dlegahty
or unenforceabxhty shall not affect any other provision, and tlus agreement shall be constrtled
as if the mvahd, dlegal or unenforceable provision had never been contained m the
agreement
11
Each member city may terminate this agreement upon thirty (30) days' written notice
to the other member city
12
This agreement shall be effective on the/~~qk day of~/~'I.~ ,
City of ~ C~ty of
Name Name
Title (/ (J Title
Approved as to form and legahty Approved as to form and legahty
~lty A~orney ' City Attorney
Attest Attest
~jtty Sea~ City Secretary
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