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HomeMy WebLinkAboutR2005-0176 11-14-05 RESOLUTION NO. R2005-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AUTOMATIC MUTUAL AID EMERGENCY RESPONSE AGREEMENT WITH THE PEARLAND VOLUNTEER FIRE DEPARTMENT AND THE SOUTHEAST VOLUNTEER FIRE DEPARTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Automatic Mutual Aid Emergency Response Agreement by and between the City of Pear/and, Pearland Volunteer Fire Department and Southeast Volunteer Fire Department, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Automatic Mutual Aid Emergency Response Agreement with Pearland Volunteer Fire Department and Southeast Volunteer Fire Department. PASSED, APPROVED and ADOPTED this the 14th day of November A.D., 2005. ----\'nl ~ (~ TO~ MAYOR ATTEST: APPROVED AS TO FORM: o~ h,~ DARRIN M. COKER CITY ATTORNEY Automatic Mutual Aid Emen!encv Response Af,!reement Between the City of Pearland, the Pearland Volunteer Fire Department, Inc. and the Exhibit "A" Resolution 2005-176 Southeast Volunteer Fire Department, Inc. THIS AGREEMENT is made and entered into by and between the Southeast Volunteer Fire Department, Inc. the Pearland Volunteer Fire Department, Inc. and the City of Pearland, located in Texas, Brazoria, Fort Bend, Galveston, and/or Harris Counties, all duly organized and existing under the laws of the State of Texas, acting herein by and through their respective Mayors, Boards, Officers, or Councils duly authorized to act by resolution. WITNESSETH: WHEREAS, Chapter 791, Interlocal Cooperation Contracts of the Government Code, Authorizes a county, political subdivision or municipality upon approval of its governing body to enter into an agreement with any neighboring political subdivision or contiguous county for the purpose of providing automatic mutual aid as a form of emergency response; and WHEREAS, the Parties desire to enter into an automatic mutual aid emergency agreement with the appropriate entity, regardless of which territory such emergency incident is located; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: that in consideration of the mutual covenants, agreements and benefits to all parties, it is AGREED as follows: SECTION 1. DEFINITIONS. For purpose of this Agreement, the following definitions shall apply: Alarm Tvpe Initiation: Through policy, party's shall provide for the type(s) of calls that would determine when this automatic response is to be initiated. (ie. Structure, Haz-mat, MCI, ect) Communication Center - A party's center for communications wherein dispatching of orders and communications pertaining to firefighting matters occurs among emergency personnel through an cmergency radio system. First Alarm - the initial notification of an emergency to a party's Communications Center. First Alarm Response Company - The immediate dispatch and provision of one company with a minimum of four personnel to the emergency scene. Incident commander -The official from either party that is in charge at emergency scene. Initiatin2 Entity -The entity within whose territorial jurisdiction an emergency incident is located. Respondin2 Entity -The entity outside of whose territorial jurisdiction an emergency incident is located. Response Area - An area agreed upon by parties and as set out in the attached map(s) SECTION 2. FIRST ALARM RESPONSE. When an emergency occurs within an area that requires emergency services to be performed as determined by the Initiating Entity, the Initiating Entity's Communication Center shall in addition to notifying it's own emergency personnel, immediately summons the aid ofthe appropriate Responding Entity. Upon receiving the First Alarm notification in its Communications Center, such Responding Entity shall dispatch a First Alarm Response Company to the emergency scene in accordance with the terms and provisions ofthis Agreement. SECTION 3. METHOD OF DISPATCH. When the Communications Center of a Responding Entity receives a report of an emergency incident from the Communications Center ofthe Initiating Entity, the following procedures will be followed: 1. The Initiating Entity will request the Responding Entity to dispatch and provide a First Response Company to the emergency scene. 2. The Initiating Entity shall, to the best of its ability, will provide the following information to the Responding Entity's Communications Center: a. Type of incident, b. Location including cross street, c. Subdivision Name, d. Key map page; and e. Any additional information available. The Responding Entity will dispatch and provide the appropriate personnel and equipment that constitutes a First Alarm Response Company under this Agreement. The First Alarm Response Company ofthe Responding Entity will acknowledge "en route" to their own Communications Center, and then switch over to the primary radio channel necessary to communicate to the Communications Center of the Initiating Entity and acknowledge that they are "en route," All incident radio traffic will remain on the Initiating Entity's channel and communications will be through the Communications Center of the Initiating Entity until the Incident Commander indicates otherwise. The Initiating Entity will release the First Alarm Responding Company of the Responding Entity as soon as practical. SECTION4. INCIDENT COMMAND. The initial Official to arrive at a fire scene shall be the initial Incident Commander, whether such person is from the Responding Entity or from the Initiating Entity. Both entities agree to utilize the same or similar Incident Management System Guidelines or accountability procedure. In the event the initial Incident Commander is an official from the Responding Entity as set forth herein, an official of the Initiating Entity only when on location may assume the role of Incident Commander at any time. Both parties agree that it is not necessary that an officer ofthe Initiating Entity assume command during the initial phases of the incident. SECTION 5. LIMITATIONS. Responding Entities under this agreement, due to circumstances may not be available to respond, therefore they must communicate this fact to the Initiating entities Communication Center. In such a case, the Responding Entity has the option of making available to the Initiating Entity an appropriate alternative firefighting company. The Initiating Entity has the option of accepting such proposed alternative firefighting company. Ifthe Initiating Entity does accept, the Method of Dispatch and Incident Command set forth in Sections 3 and 4 hereof shall be followed as if such proposed alternative firefighting company was a First Alarm Company. SECTION 6. TRAINING. All entities agree to cooperate in the performance of joint training exercises, which are to be carried out periodically under the direction of each Entity's respective Fire Department training officer for the purpose of maintaining efficient interdepartmental coordination. Each entity's training program, materials, training facilities and equipment shall be made available to meet such training requirements. SECTION 7. REPORTING REQUIREMENTS. Each Entity shall be responsible for completing its own Fire Incident Report(s) and any and all other reports that may be required within each Entity's respective jurisdiction. Each Entity agrees to cooperate with the other in providing needed information to aid in the completion of such reports. SECTION 8. STATUS OF FIRE FIGHTING PERSONNEL. While any responding firefighter is in the jurisdiction of the other Entity pursuant to this Agreement, such firefighter shall retain all the vested powers of a firefighter as though he were within the jurisdiction from which he responded. Any responding firefighter who performs firefighter duties outside the territorial I imits of the jurisdiction where he is a firefighter shall be entitled to the same wage, salary, pension, all other compensation and all other rights for such service, including injury or death benefits, the same as though the service had been rendered within the limits ofthe jurisdiction from which he responded from. All compensation and expenses of said firefighter shall be a cost of, and paid by the Entity from which the firefighter responds. SECTION 9. EXPENSES INCURRED. Each party hereto agrees that it will not seek to recover compensation or reimbursement of expenses from the other party hereto for services pursuant to this Agreement. SECTION 10. EXISTING MUTUAL AID FIRE PROTECTION AGREEMENT. This Agreement is to be construed as an addition to and not as a replacement of any existing or future Mutual Aid Fire Protection Agreement(s) executed on behalf of the entities herein. In case of a conflict between any two Agreements, the Mutual Aid Fire Protection Agreements entered into by the parties shall prevail. SECTION 11. TERM. The term ofthis Agreement shall be indefinite with either party having the right to terminate said Agreement upon thirty (30) days written notice to the other party(s). SECTION 12. MODIFICATIONS. Modifications to this Agreement will be valid only if in writing and signed by the duly authorized representatives of the entities involved. SECTION 13. SEVER ABILITY. If any provision, section subsection, paragraph, sentence, clause or phrase of this Agreement, or the application of same to ant person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this Agreement or their application to other persons or sets of circumstances and to this end all provisions ofthis Agreement are declared to be sever able. \,1'...... ", '., ,~..,'\ ~~~~B~~tthe date ofthe last executed signature of this Agreement. :.- O~*"""""""': ;>- ".... .~. ' .~. ..., I. \ . --'- .... ....r-. 'r.. ~O: ~-y~ : -:(J): ~. .: = -'.:. e.. ( .._.... ~ ". ty 0 P.earlagjl ~, ............ ~ , :0.,... '" . ," ~ If, \\\\ .' "'"UIl Southeast Volunteer Fire Department, Ine .~ J.::Ct ~----:;;;,. Brian Kamke, Fire Chief /' /' {.',_.1 . ....., t,.cL/ ~Nh' Ed Baker, Board President /1-/S.c;S' Date: /U ~'I--OS"" nteer Fire Department, Inc. C1. RU:=S~~i Fire Chief Darrell D. Ferguson, As 'stant Fire Chief Date: / 0- ~/ oS CITY OF PEARLAND, TEXAS PUBLIC SAFETY TRAINING FIELD FACILITIES USE AGREEMENT This agreement entered into this 1st day of November 2011 between CITY OF PEARLAND, 3519 Liberty Drive, Pearland TX 77581, hereafter referred to as the COP, and Southeast Volunteer Fire Department, Inc., hereafter referred to as the USER, for use of the COP Public Safety Training Field (PSTF) located at 2703E Veterans Drive, Pearland, TX 77581. WITNESSETH WHEREAS, it is agreed by COP and USER to be of mutual interest and benefit that the aforesaid parties combine their resources in providing fire and rescue services to provide a suitable environment for the training of fire service agencies. THEREFORE, the Parties to this Agreement, effective from 1 November 2011 through 1 November 2013 agree to -the following conditions and responsibilities with respect to the use of the COP's PSTF. I. USER RESPONSIBILITIES 1. All training conducted at the PSTF shall be conducted in accordance with current National Fire Protection Association 1403 Standard on Live Fire Training Evolutions and other applicable safety standards for fire and rescue training and operations. USER shall use the PSTF for the limited purpose of conducting fire training. Any use of the PSTF by USER other than that authorized by this Agreement shall result in the immediate termination of this Agreement. 2. User shall provide self-contained breathing apparatus (SCBA). The City of Pearland will not provide SCBA, SCBA bottles and/or refill any SCBA bottles. 3. USER shall be responsible for providing all consumables, which shall include but not be limited to project fuels and extinguishing agents. 4. USER shall be responsible for any costs of damages and/or repairs to the PSTF resulting from USER's. Such damage shall include, but not be limited to, lost or stolen equipment or damage to the equipment or structure located at the PSTF. Page 1 of 4 5. Because there are no restroom facilities at the PSTF, USER may rent portable facilities at USER's cost. In such an event, USER shall not allow the portable facilities to remain on the grounds of the PSTF for more than 24 hours after the use of the PSTF completed by this Agreement. 6. All training contemplated by this Agreement shall be restricted to the hours between 8 AM and 8 PM. Set up may begin at 7 AM and clean-up may continue until 9 PM. 7. User shall leave the PSTF grounds in the same condition as which it was prior USER entering the PSTF grounds. Garbage and trash shall be placed in the on-site dumpster or transported out with USER. 8. A Fire Field Activity Report and Damage/Repair Assessment Report will be filled out at the close of each day of fire field use. Reports will be signed by the instructor in charge and the on-duty COP Fire Captain or COP Fire Training Captain 9. USER shall require each student and instructor to sign a Release of Liability form before USER will be permitted to use the PSTF. 10. USER shall schedule use of the field with the Fire Chief or his designee 11. USER shall, prior to using the Facility, provide COP a certificate of insurance and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the. USER, its agents, employees or subcontractors under this Agreement, as follows: a. Workers' Compensation as required by law. b. Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. User shall include the COP as an additional insured under the policies, with the exception of the Workers' Compensation policy. Certificates of Insurance and endorsements shall be furnished to the COP before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the COP and only after the COP has been provided with written notice of such Change in Coverage, such notice to be sent to the COP either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to • Page 2 of 4 • commencing services under this CONTRACT, User shall furnish COP with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by User's insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. 12. Failure of USER to abide by the terms of this Agreement shall, at the sole discretion of COP, result in USER's forfeiture of all or a portion of the User Deposit. 13.This agreement applies to USER only. USER may not invite, train or bring along other organizations unless that organization has an agreement on file with the COP. II. CITY OF PEARLAND RESPONSIBILITIES On duty Fire Captain or COP Fire Training Captain shall respond as available at the end of the use period to review and accept Activity, Injury and Damage reports. III. INDEMNIFICATION To the extent permitted by the laws of the State of Texas, USER agrees to hold COP, and its officers, employees, and agents harmless from and indemnify each against any and all claims, actions, damages, suits, proceedings,judgments, and liabilities for personal injury, death, or property damage resulting from, the negligent acts of omissions of USER or the negligent acts or omissions of others under USER's supervision or control. IV. MISCELLANEOUS 1. Amendments. This Agreement constitutes the entire understanding and agreement of the parties as to the matters set forth herein. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by all of the parties hereto. 2. Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Harris County, Texas. The parties agree and acknowledge that venue for any action arising under this Agreement shall lie in the state district courts of Brazoria County, Texas only. Page 3 of 4 3. Binding Obligation. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. COP warrants and represents that the individual executing.this Agreement on behalf of COP has full authority to execute this Agreement. USER warrants and represents that the individual executing this Agreement on behalf of USER has full authority to execute this Agreement. 4. Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 5. Effective Date. The effective date (the "Effective Date") of this Agreement shall be the date 1 November 2011. /61e-/411 Ed Baker, President Date Southeast Volunteer Fire Department, Inc. P.O. Box 34070 Houston, TX 77234 Vance L. Riley, Fire C ief Date City of Pearland F epartment 3519 Liberty Drive Pearland,Texas 77581 Page 4 of 4 SEVFD-1 OP ID:CC A ePii i3r CERTIFIC 10/11/ ATE OF LIABILITY INSURANCE DATE /YYYY) 10/11/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND-OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the-terms and conditions of the policy,certain policies may require-an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONT800-252-9435 NAMEACT VFIS of Texas PHONE FAX 512�48-9929 3420 Executive Center Dr#301 (NC,No,Ext►: (NC,No): Austin,TX 78731 E-MAIL • VFIS of Texas/Regnier&Associ ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:American Alternative Ins Corp 19720G INSURED Southeast VFD INSURER B: P 0 Box 34070 Houston,TX 77234 INSURER C: INSURER D INSURER E: INSURER F: - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS --CERTIFICATE MAY-BE-ISSUED OR-MAY-PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY VFIS-TR-2051830 03/01/11 03/01/12 DAMAGES( RENTED 1'000,000 PREMISES(Ea occurrence) $ � CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 • PERSONAL&ADV INJURY $ 1,000,000 X PHCL • GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 3,000,000 POLICY PRO-C - LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $' ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ • AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ • - DED -RETENTION$ $ WORKERS COMPENSATION - WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ • • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER IS INCLDED AS AN ADDITIONAL INSURED FOR GENERAL LIABILITY PER FORM VGL101 AS RESPECTS THE USE OF THEIR TRAINING FACILITY 11M3g\y31 - J1 OC; 2 -120 11 CERTIFICATE HOLDER CANCELLATION • • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN • CITY OF PEARLAND FIRE DEPT ACCORDANCE WITH THE POLICY PROVISIONS.CHIEF VANCE L. RILEY 3519 LIBERTY DRIVE AUTHORIZED REPRESENTATIVE PEARLAND,TX 77581 R. /! ie2A • ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD