R2007-019 2007-02-12
RESOLUTION NO. R2007 -19
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 MANVEL 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 Pearland, the Pearland Volunteer Fire Department and the
Manvel 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 the Pearland Volunteer Fire Department and the Manvel Volunteer Fire Department.
PASSED, APPROVED and ADOPTED this the 1 ill day of February, A.D., 2007.
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
A 0 M I AO d ERA t R2007 -19
utomatIc utua I men!enCV eSDonse g:reemen File No. 07-0012
Between the City of Pearland, the Pearland Volunteer Fire
Department, and the Manvel Volunteer Fire Department
THIS AGREEMENT is made and entered into by and between the Manvel Volunteer Fire Department,
the Pearland Volunteer Fire Department, Inc., and the City of Pearland, all located in Texas, Brazoria,
Fort Bend, and/or Harris Counties and 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, 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 Type Initiation: Through policy, parties 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 fire fighting matters occurs among emergency personnel through an
emergency 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.
InitiatiDl?: Entity -The entity within whose territorial jurisdiction an emergency incident is located.
Respondin2 Entitv -The entity outside of whose territorial jurisdiction an emergency incident IS
located.
Response Area - 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 requlfes 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 of the appropriate Responding
Entity. Upon receiving the First Alarm notification in its Communications Center, the Responding Entity
shall dispatch a First Alarm Response Company to the emergency scene in accordance with the terms
and provisions of this 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 of the Initiating Entity, the following procedures shall be followed:
1. The Initiating Entity shall 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, 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
e. Any relevant information that is available
The Responding Entity shall dispatch and provide the appropriate personnel and equipment that
constitutes a First Alarm Response Company. The First Alarm Response Company of the Responding
Entity shall acknowledge, to it's Communications Center, that it is "en route", and subsequently switch
to the primary radio channel that is required to communicate to the Communications Center of the
Initiating Entity and acknowledge that it is "en route."
All incident radio traffic will remain on the Initiating Entity's channel and communications shall 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.
SECTION 4. INCIDENT COMMAND.
The first 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, an official of the Initiating Entity may assume the
role of Incident Commander at any time after the individual arrives on location. Both parties agree that it
is not necessary that an officer of the Initiating Entity assume command during the initial phases of the
incident.
SECTION 5. LIMITATIONS.
If Responding Entities under this agreement, due to circumstances beyond their control, cannot respond,
they must communicate this fact to the Initiating entity's Communication Center. In such an event, 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 the proposed alternative
firefighting company. If the Initiating Entity accepts the alternative, 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 shall be carried out
periodically under the direction of each Entity's respective Fire Department training officer. Each entity's
training program, materials, training facilities and equipment shall be made available to meet the training
requirements of this Agreement.
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 FIREFIGHTING PERSONNEL.
While any responding firefighter is in the jurisdiction of the other entity, such firefighter shall retain all
the vested powers of a firefighter as though he were within the jurisdiction from which he responded.
Any responding paid firefighter performing firefighter duties outside the territorial limits 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 of the 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 the 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 of this Agreement shall be indefinite with either party having the right to terminate said
Agreement upon thirty (30) days written notice by certified mail, return receipt requested, to the other
party(s).
SECTION 12. MODIFICATIONS.
Modifications to this Agreement shall be valid only if in writing and signed by duly authorized
representatives of the entities involved.
SECTION 13. SEVERABILITY.
If any provision, section subsection, paragraph, sentence, clause or phrase of this Agreement, or the
application of same to any 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 of this
Agreement are declared to be severable.
Effective as of the date of the last executed signature of this Agreement.
ATTEST:
City of Pearland
Young
Date:
unteer Fire Department, Inc.
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Paul Jam' n, Fire Chief
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Buck Stevens, Assistant Fire Chief
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Df:Pfell g. firS'l~gR, Assistant Fire Chief
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Date: II i / I tJ 7
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APPROVED AS TO FORM AND
WITHOUT LIMITATIONS REGARDING
THE USE OF DISTRICT OWNED FACILITIES,
FIRE FIGHTING VEHICLES OR EQUIPMENT
IN RESPONDING TO MUTUAL AID REQUESTS
BRAZORIA COUNTY EMERGENCY
SERVICES DISTRICT NO. 3:
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George Caldwell, Board Secretary
Date: 1610/6 ~
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