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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and/or explosion investigation between any of the member agencies, and all other such agreements are specifically repealed in whole.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 Page 2 of 5 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 Page 3 of 5 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. sAour documents\contracts\09\11re is-eod mutual aid-c.doc Page 4 of 5 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 \\codad\departments\legal\our documents\contracts\09\fire ia-eod mutual aid-c.doc Page 5 of 5 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