2009-264\\codad\departmentsUeeal\our documents\ordinances\09\explosive render safe ops muual aid asreentent.doc
V
ORDINANCE NO. 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL ASSISTANCE
AGREEMENT BETWEEN THE CITY OF DENTON, CITY OF ARLINGTON, CITY OF
DALLAS, CITY OF FORT WORTH, CITY OF GARLAND, CITY OF IRVING, CITY OF
MESQUITE, CITY OF PLANO, THE NORTHEAST FIRE DEPARTMENT ASSOCIATION
AND THE DALLAS/FORT WORTH AIRPORT FOR EXPLOSIVE RENDER SAFE
OPERATIONS AND EXPLOSION INVESTIGATIONS: AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton hereby approves an Agreement
between the City of Denton, City of Arlington, City of Dallas, City of Fort Worth, City of
Garland, City of Irving, City of Mesquite, City of Plano, the Northeast Fire Department
Association and the Dallas/Fort Worth Airport for explosive render safe operations and
explosion investigations, a copy of which is attached hereto and incorporated by reference
herein. The City Manager, or his designee, is hereby authorized to execute this Agreement on
behalf of the City.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 3 day of , 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B 4-k A
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
THE STATE OF TEXAS}
COUNTY OF COLLIN) COUNTY OF DENTON)
COUNTY OF DALLAS} COUNTY OF TARRANT)
INTERLOCAL ASSISTANCE AGREEMENT FOR
EXPLOSIVE RENDER SAFE OPERATIONS AND EXPLOSION INVESTIGATIONS
This agreement is entered into by and between the City of Arlington, City of Dallas, City
of Denton, City of Fort Worth, City of Garland, City of Irving, City of Mesquite, City of
Plano, the Northeast Fire Department Association, and the Dallas/Fort Worth Airport,
that are signatory to this agreement, all being either municipal corporations or some
other political subdivision chartered or established by the Constitution of the State of
Texas, hereinafter referred to as "member agencies" or "Party", and each acting through
their duly authorized representatives.
This agreement supersedes and shall be controlling over all other interlocal agreements
for Explosive Render Safe Operations and/or explosion investigation between any of the
member agencies, and all other such agreements are specifically repealed in whole.
WITNESSETH
WHEREAS, the governing officials of the member agencies and political subdivisions of
the State of Texas, desire to secure for each member agency or political subdivision the
benefits of mutual aid in the protection of life and property from the illegal or improper
use of explosives by entering into this interlocal agreement for establishing resources to
conduct Render Safe Operations on suspected Improvised Explosive Devices (IED's)
and to perform any latent criminal investigations resulting from incidents involving the
illegal use of explosives.
WHEREAS, there is a need for explosive render safe and investigative cooperation for
cases involving the illegal use of explosives in the City of Arlington, City of Dallas, City
of Denton, City of Fort Worth, City of Garland, City of Irving, City of Mesquite, City of
Plano, the jurisdiction of the Northeast Fire Department Association, and the Dallas/Fort
Worth Airport.
WHEREAS, the parties hereto have determined that the best possible method for
attacking crimes involving the illegal use of explosives within the City of Arlington, City
of Dallas, City of Denton, City of Fort Worth, City of Garland, City of Irving, City of
Mesquite, City of Plano, the jurisdiction of the Northeast Fire Department Association,
and the Dallas/Fort Worth Airport is an agreement establishing such cooperation; and
WHEREAS, the parties desire to enter into this agreement to provide explosive render
safe and investigative cooperation in connection with the illegal use of explosives; and
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WHEREAS, each participating agency is authorized to perform the services
contemplated for it herein;
NOW, THEREFORE, the parties do hereby agree as follows:
1. The Parties hereto execute this agreement for the purpose of providing explosive
render safe, investigation and prosecutorial capabilities to each other as the need
arises.
2. The City of Mesquite Bomb Squad Commander shall be the Coordinator of the EOD
Task Force created by this agreement and his/her office shall be the central repository
for the documents executing such agreements.
3. Any request for explosive render safe and/or investigative assistance by one party to
another party under the terms of this agreement does not obligate that party to respond
if resources are not available. The availability of any EOD Unit Member to respond to a'
request for assistance shall be determined by the party responding to the request.
4. When requested by a party, any other party to this agreement may provide available
members of its EOD Unit to assist in the rendering safe of an Improvised Explosive
Device (IED) and/or the investigation of an explosive incident and provide such other
investigative assistance that is necessary for the prosecution of any criminal activity
associated with the incident. While engaged in such activities, employees of the
responding party shall be under the direction and supervision of the requesting party's
EOD Unit Officer in Charge.
5. While performing tasks under this agreement, employees of the responding Party
shall be vested with all investigative and police powers of the requesting Party's officer-
in-charge.
6. In performing its duties under this agreement, each party will comply with all
necessary Federal, State, and local laws, rules and regulations, including those relating
to the disposal of property acquired from grant funds.
7. The party that regularly employs the EOD Unit Member shall be responsible for all
salary, disability and pension payments, injury or death benefits, workers compensation
benefits, damages to equipment and clothing of the member while he or she is involved
in activities pursuant to this agreement, the same as though the services had been
rendered within the limits of the jurisdiction wherein he or she is regularly employed.
The requesting Party shall have no obligation to reimburse the responding Party for
such cost.
8. In the event that any person performing services pursuant to this Agreement shall be
cited as a party to any civil lawsuit, State or Federal, arising out of performance of those
sAour documents\contracts\09\fire is-eod mutual aid-c.doc
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services, he or she shall be entitled to the same benefits that he or she would be
entitled to receive if such civil action had arisen out of performance of duties as a
member of the department or agency where he or she is regularly employed and in the
jurisdiction of the party by which he or she is regularly employed.
9. Each Party to this agreement expressly waives all claims against the other Party for
compensation for any loss, damage, personal injury or death occurring as a
consequence of the performance of this agreement.
10. It is expressly understood that when an employee of the responding member
agency is performing duties under the terms of this agreement, that the 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 Chapter 615,
Texas Government Code and Chapter 142, Texas Local Government Code; and shall
be entitled to any other benefits which accrue under law as a result of injury or death, or
loss which occurs while in the line of duty.
11. Pursuant to §§421.062 and 791.006, Texas Government Code, the party furnishing
services under this Agreement is not responsible for any civil liability that arises from the
furnishing of those services. No Party waives or relinquishes any immunity or defense
on behalf of itself, its officers, employees and agents as a result of the foregoing
sentence or its execution of this Agreement and the performance of the covenants
contained herein.
12. This contract shall be in full force and effect for one (1) year from the date first
written above and shall thereafter be automatically renewed from year to year unless
terminated earlier in accordance with this contract.
13. A party to this agreement may withdraw from it only after providing not less than
ninety (90) days written notice of same to the City of Mesquite Bomb Squad
Commander who is acting as the central repository of all agreements between member
agencies.
14. This agreement, when signed into effect by the authorized representative of each
member agency, will authorize that agency to be placed on the "Member Agency List,"
which will hereafter be known as Exhibit "A" and will constitute a listing of agencies
whose EOD Unit's personnel will constitute the workforce pool for this agreement.
15. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions,
covenants, conditions or any other part of this contract are for any reason held to be
invalid, void or unenforceable, the remainder of the terms, sections, subsections,
sentences, clauses, phrases, provisions, covenants, conditions or any other part of this
contract shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
16. This agreement is entered into pursuant to the authority of Chapter 791 of the
Texas Government Code.
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ATTEST: APPROVED:
Secretary George C. Campbell, City Manager
Je nifer, talters`-,Ci_ty_
On this the - day of AWA&L , 2009 AD
APPROVED AS TO FORM:
ita Burgess; City orney
c
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EXHIBIT "A"
List of member agencies entering into the agreement.
AGENCY DATE CONTACT NUMBER OF
BOMB SQUAD COMMANDER
1. City of Arlington (817) 459-5529
2. City of Dallas (214) 670-8383
3. City of Denton (940) 349-8863
4. City of Fort Worth (817) 922-3000
5. City of Garland (972) 205-1684
6. City of Irving (972) 721-2661
7. City of Mesquite (972) 216-6267
8. Northeast Fire Dept.
Association (817) 427-6900
9. City of Plano (972) 941-2424
10. Dallas/Fort Worth
Airport (972) 574-9863
sAour documents\contracts\09\fire is-eod mutual aid-c.doc