HomeMy WebLinkAboutRES 96-189 1
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to a Mutual Aid Agreement with Orange
County Emergency Services District #1. The agreement is substantially in the form
attached hereto as Exhibit "A".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of
1996.
- Mayor -
THE STATE OF TEXAS
MUTUAL AID FIRE PROTECTION AGREEMENT
COUNTY OF ORANGE
THIS AGREEMENT entered into this day of
1996, by and between the undersigned Political Subdivisions, hereinafter referred
to as the member Cities;
WITNESSETH
WHEREAS the governing officials of the member cities, political subdivisions
of the State of Texas, desire to secure for each such City the benefits of mutual aid
in fire preventionpd the protection of life and property from fire and in fire
fighting;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. That upon the request of one City, who is a party hereto each having
fire suppression equipment and personnel, by the Fire Chief or central dispatcher of
said City, fire fighting equipment and personnel of said responding City, who is a
party hereto, will be dispatched to any point within the City Limits of said requesting
member City, or to a point within said requesting member City's extraterritorial
jurisdiction, for which such City has contracted by written agreement, pursuant to
Local Government Code section 42.044 to provide fire protection, designated by said
Fire Chief or central dispatcher of said requesting City, subject to the emergency
conditions hereinafter stated.
it is hereby declared and agreed that an emergency condition shall exist
(1)
EXHIBIT "A"
within the corporate limits or its extraterritorial jurisdiction of a party hereto
at a time when one or more fires are in progress, and that when such condition exists
the Chief of the Fire Department shall determine the advisability of sending fire
fighting equipment beyond the corporate limits of the requested party, and the judg-
ment of the Fire Chief shall be final.
2. Any dispatch of equipment and personnel pursuant to this agreement
is subject to the following conditions:
a. Any request for aid hereunder shall specify the amount and type of
equipment and number of personnel requested, and shall specify the location to which
the equipment and personnel are to be dispatched, but the amount and type of
equipment and number of personnel to be furnished shall be determined by a
representative of the responding City.
b. Responding City shall report to the officer in charge of
requesting City at the designated location.
C. Responding City shall be released by the requesting City when
the services of the responding City are no long required or when the responding
City is needed within the area for which it normally provides fire protection.
3. Any civil liability related to the furnishing of services hereunder
is the responsibility of the requesting member City, in accordance with Texas
Government Code Chapter 791. However,all claims for Workers'Compensation benefits
arising out of this agreement shall be the sole responsibility of the party who is
(2)
the general employer of the employee filing such claim. At no time shall the
employees of the responding party be considered to be borrowed servants or on loan
to the requesting party to this agreement. Notwithstanding the terms of this
paragraph the responding city shall hold the requesting city harmless from all
liability for injuries or damages to persons or property that might occur as a
result of the act or omission of an act of the employees or servants of responding
City.
4. No member City shall be reimbursed by any other member City for costs
incurred pursuant to this agreement.
5. All equipment used by the responding City's Fire Department in
carrying out this agreement will, at the time of action hereunder be owned by it;
all and personnel acting for said member City's Fire Department under this agreement
will, at the time of such action be an employee or volunteer member of the Fire
Department of said member city.
6. It is further agreed by and between the parties hereto that either
party hereto shall have the right to terminate this agreement upon thirty (30) days
written notice to the other parties hereto.
7. This agreement is made pursuant to Texas Government Code Chapter 791,
commonly referred to as the interlocal Corporation Contracts.
8. Each member of this agreement shall, simultaneously with the execution
hereof, provide the respective members of this agreement with copies of any and all
(3)
1
contracts executed on its behalf for the furnishing of fire protection in its extra-
territorial jurisdiction pursuant to Local Government Code section 42.044,
and shall provide copies of any such contracts executed hereafter within
ten (10) days of the execution thereof.
Effective date of this agreement shall be on the day of
, 1 go, and shall continue in full force and effect,
unless otherwise terminated.
ATTEST: ORANGE COUNTY E.S.D. #1
ATTEST: BEAUMONT FIRE & RESCUE
DEPT.
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