R2005-0176 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.
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Southeast Volunteer Fire Department, Ine
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Brian Kamke, Fire Chief
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Ed Baker, Board President
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Date:
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nteer Fire Department, Inc.
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RU:=S~~i Fire Chief
Darrell D. Ferguson, As 'stant Fire Chief
Date:
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