Automatic Assistance Agreement with Irving-CN 2021-07-13AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE
BETWEEN THE CITY OF IRVING AND THE CITY OF COPPELL
THIS AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE (hereinafter
"Agreement") is entered into as of the Effective Date by and between the City of Irving and the City of
Coppell, (hereinafter referred to as "Irving" and "Coppell" respectively, as a "City," when referenced
individually or, collectively as the "Cities"), both of which are Texas home rule municipalities, each acting
herein through its duly authorized officials in accordance with state law.
RECITALS
WHEREAS, this Agreement serves to maximize cooperation among the Cities and promote a
stronger homeland security effort through regional cooperation as promulgated by the Department of
Homeland Security; and,
WHEREAS, the governing officials of the Cities, political subdivisions of the State of Texas and
United States of America, desire to secure for each such entity the benefits of automatic assistance in the
protection of life and property from fire and other disasters as well as provision of aid in the event of medical
emergencies;
NOW, THEREFORE, for and in consideration of the covenants and conditions set forth herein,
the Cities agree as follows:
1. In consideration of each City's automatic assistance to the other City upon the occurrence
of an emergency condition in any geographical area of either City, a predetermined number and amount of
rescue equipment and personnel, firefighting equipment and/or emergency medical equipment or personnel
of the other City shall be dispatched, to such point where the emergency condition exists in order to assist
in the protection of life and property subject to the conditions hereinafter stated. The Cities acknowledge
and agree that the services and assistance described herein relate only to firefighting and emergency medical
services provided by the fire departments of the respective Cities. This Agreement does not require the
provision of mutual aid through any other departments or agencies of the Cities, which mutual aid may be
(and in some cases are) covered under other mutual aid agreements between or among one or more of the
Cities.
2. For the purposes of this Agreement the following words and phrases shall have the
meanings set forth below unless the context otherwise clearly indicates another meaning:
A. "MAA" means that certain Mutual Aid Agreement by and among various
municipalities and Dallas County relating to the provision of mutual aid assistance relating to disaster and
emergency events within Dallas County by and between various local governmental entities located all in
or part within Dallas County, Texas, including, but not limited to Irving (which signed the MAA on
September 14, 2011) and Coppell (which signed the MAA on January 11, 2011).
B. "Emergency Condition" means any condition requiring the dispatch and/or call for
service, water rescue, fire suppression or emergency medical services, inclusively.
C. "Receiving City" means the City within whose corporate limits the location of the
site where the Emergency Condition is occurring.
D. "Responding City" means the City responding to a call relating to an Emergency
Condition pursuant to this Agreement the site of which is within the incorporated limits of another
City.
3. Details as to amounts and types of assistance to be dispatched, methods of dispatching and
communications, training programs and procedures and areas to be assisted will be developed by the Cities'
Fire Chiefs. These details will be stipulated in one or more mutually agreed upon policies ("Policies")
signed by the Fire Chiefs of the Cities, to establish the appropriate operational protocols and actions agreed
to in this Agreement. The Policies may be revised or amended at any time by mutual agreement of the Fire
Chiefs of the Cities. The Policies implemented pursuant to this Agreement include both Cities as necessary
to carry out the purpose of this Agreement. In the event of a conflict between the Policies and the main
body of this Agreement, this Agreement shall control.
4. Any dispatch of equipment and personnel pursuant to this Agreement is subject to the
following conditions:
A. The predetermined amount of aid, type of equipment and number of personnel
shall be sent by the Responding City in accordance with the applicable Policies, unless such amount
of assistance is unavailable due to emergency conditions confronting the Receiving City's or
Responding City's forces at the time of need for assistance under this Agreement.
B. In fulfilling its obligations provided for in this Agreement, the Cities agree to
comply with the procedures set forth in the Policies, which their respective Fire Chiefs have signed
pursuant to this Agreement.
5. Each City waives all claims against the other City for compensation for any loss, damage,
personal injury, or death occurring as a consequence of the performance of this Agreement. THE
ASSIGNMENT OF LIABILITY UNDER THIS AGREEMENT IS INTENDED TO BE DIFFERENT
THAN LIABILITY OTHERWISE ASSIGNED UNDER TEXAS GOVERNMENT CODE SECTION
791.006, SUBSECTION (a). INSTEAD, LIABILITY, IF ANY, SHALL BE AS SET OUT IN THIS
AGREEMENT, AS PROVIDED BY TEXAS GOVERNMENT CODE SECTION 791.006,
SUBSECTION (al). EACH CITY SHALL BE RESPONSIBLE FOR ANY LIABILITY RESULTIING
FROM ITS OWN ACTIONS OR OMISSIONS, AND THOSE OF ITS OWN EMPLOYEES,
REGARDLESS OF WHICH CITY WOULD HAVE BEEN RESPONSIBLE, IN THE ABSENCE OF
THIS AGREEMENT, FOR FURNISHING THE SERVICES PROVIDED TO THE EXTENT IT WOULD
OTHERWISE BE LIABLE UNDER STATE OR FEDERAL LAW. THIS PROVISION IS FOR THE
BENEFIT OF THE CITIES AND IS NOT INTENDED TO CREATE A THIRD -PARTY CAUSE OF
ACTION OR WAIVE ANY IMMUNITIIES OR DEFENSES AVAILABLE TO THE CITIES.
6. The Responding City shall not be reimbursed by the Receiving City for costs incurred
pursuant to this Agreement. It is understood and agreed that each City has previously entered into the MAA.
Costs incurred and to be reimbursed pursuant to the MAA shall be governed under the terms of the MAA.
An employee of a Responding City who is assigned, designated or ordered by the employee's Fire Chief to
perform duties pursuant to this Agreement shall receive the same wage, salary, pension, and all other
compensation and rights for the performance of such duties, including injury or death benefits, and
Worker's Compensation benefits, as though the service had been rendered within the corporate limits of
Responding City where the person is regularly employed. Moreover, all medical expenses, wage and
disability payments, except for those payments each City is required to pay under the MAA, pension
payments, damage to equipment and clothing, and expenses of travel, food, and lodging shall be paid by
the City with which the employee in question is regularly employed. Notwithstanding the foregoing to the
contrary, as to any mutual assistance between the Cities arising out of the occurrence of an Emergency
Condition in the areas described in an MOU, the conditions and obligations of this Agreement shall take
precedence over the conditions and obligations of the MAA. For the purposes of the MAA, the resources
necessary for the Cities to meet their respective obligations under this Agreement are unavailable.
AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: IRVING AND COPPELL:
Page 2 of 7
7. All equipment used by each City's fire department in carrying out this Agreement will,
during the time response services are being performed, be owned by the Responding City; and all personnel
acting for each City's fire department under this Agreement will, during the time response services are
required, be paid employees of the City where they are regularly employed.
8. At all times while equipment and employees of a Responding City's fire department are
traveling to, from, or within the incorporated limits of the Receiving City in accordance with the terms of
this Agreement, such personnel and equipment shall be deemed to be employed or used by the Responding
City. Further, such equipment and personnel shall be deemed to be engaged in a governmental function for
the Responding City.
9. In the event that any person performing duties subject to this Agreement shall be cited as
a defendant party to any state or federal civil lawsuit arising out of the person's official acts while
performing duties in the course and scope of their employment with a City pursuant to the terms of the
Agreement, such person shall be entitled to the same benefits that the person would be entitled to receive
had such civil action arisen out of an official act within the course and scope of the person's duties as an
employee of the City where the person is regularly employed and occurred within the jurisdiction of the
City where the person is regularly employed. The benefits described in this Section 9 shall be supplied by
the City with whom the person is regularly employed. However, in situations where the other Receiving
City may be liable, in whole or in part, for the payment of damages, then the Receiving City may intervene
in such cause of action to protect its interests.
10. Each City shall have the right to terminate its participation in this Agreement by providing
written notice to the other Cities not later than ninety (90) days prior to the date of termination of such
City's participation.
11. The validity of this Agreement and any of its terms and provisions as well as the rights and
duties of the Cities shall be governed by the laws of the State of Texas; and venue for any action concerning
this Agreement shall be in the State District Court of Dallas County, Texas.
12. In case one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained herein.
13. This Agreement is made for the Cities that are parties hereto and the respective fire
departments as automatic assistance pursuant to V.T.C.A., Government Code, Chapter 418, commonly
referred to as the Disaster Act of 1975; and, nothing in this Agreement is intended to limit the availability
of benefits to each City's personnel under Texas Government Code Chapter 615, as amended, and as it may
be amended in the future nor should be interpreted to create any duty or rights to any third party or nonparty
to this Agreement.
14. Any notice required or permitted to be delivered hereunder shall be deemed received when
sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, by hand -delivery
or facsimile transmission and addressed to the respective City at the following address:
AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: IRVING AND COPPELL:
Page 3 of 7
If intended for City of Irving:
City of Irving
Attn: City Manager
825 W. Irving Blvd.
Irving, Texas 75060
If intended for City of Coppell:
City of Coppell
Attn: City Manager
255 E. Parkway Boulevard
Coppell, Texas 75019
With copy(ies) to:
City Attorney
City of Irving
825 W. Irving Blvd.
Irving, Texas 75060
City of Irving
Attn: Fire Chief
845 W. Irving Blvd.
Irving, Texas 75060
With copy(ies) to:
Robert E. Hager
Nichols, Jackson, Dillard, Hager & Smith, LLP
500 N. Akard, Suite 1800
Dallas, Texas 75201
City of Coppell
Attn: Fire Chief
255 E. Parkway Boulevard
Coppell, Texas 75019
15 In the performance of this Agreement, neither of the Cities waive, nor shall be deemed
hereby to have waived, any immunity or defense that would otherwise be available to them against claims
arising in the exercise of governmental powers and functions. By entering into this Agreement, the Cities
do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall
not create any rights in any persons or entities who are not parties to this Agreement.
16. This Agreement and the Policies implemented pursuant to this Agreement represent the
entire agreement among the two Cities with respect to the subject matter covered by this Agreement. There
is no other collateral, oral or written agreement between the parties that in any manner relates to the subject
matter of this Agreement.
17. All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
18. The recitals to this Agreement are incorporated herein.
19. This Agreement may be amended by the mutual written agreement of both Cities.
20. Each City has the full power and authority to enter into and perform this Agreement, and
the person signing this Agreement on behalf of each City has been properly authorized and empowered to
sign this Agreement. The persons signing this Agreement hereby represent that they have authorization to
sign on behalf of their respective City.
AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: IRVING AND COPPELL:
Page 4 of 7
21. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
22. No City may assign, transfer, or otherwise convey this Agreement without the prior written
consent of the other Cities.
23. Unless expressly stated otherwise, whenever the consent or the approval of a City is
required herein, such City shall not unreasonably withhold, delay or deny such consent or approval.
24. Whenever a dispute or disagreement arises under the provisions of this Agreement, the
Cities agree to enter into good faith negotiations to resolve such disputes. If the matter continues to remain
unresolved, the Cities shall refer the matter to outside mediation, the costs of which shall be shared equally,
prior to engaging in litigation (unless delaying the filing of a lawsuit might result in the lawsuit being barred,
including but not limited to a bar by a statute of limitations). The provisions of this Section 24 shall survive
termination.
25. Any of the representations, warranties, covenants, and obligations of the parties, as well as
any rights and benefits of the Cities, pertaining to a period of time following the termination of this
Agreement shall survive termination.
26. Each City paying for the performance of governmental functions or services pursuant to
this Agreement must make those payments from current revenues available to the paying City or from funds
otherwise lawfully available to the City for use in the payment of the City's obligations pursuant to this
Agreement.
27. Neither City shall be liable to the other City for any failure, delay, or interruption in the
performance of any of the terms, covenants, or conditions of this Agreement due to causes beyond the
City's respective control or because of applicable law, including, but not limited to, war, nuclear disaster,
strikes, boycotts, labor disputes, embargoes, acts of God, acts of the public enemy, acts of superior
governmental authority, floods, riots, rebellion, sabotage, terrorism, or any other circumstance for which a
City is not legally responsible or which is not reasonably within its power to control ("a Force Majeure
Event"). The affected City's obligation shall be suspended during the continuance of the inability then
claimed, but for no longer period. To the extent possible, the City whose performance is affected by a Force
Majeure Event shall endeavor to remove or overcome the inability claimed with all reasonable dispatch.
28. This Agreement shall be effective and enforceable as to the Cities who have signed this
Agreement on the date it has been signed by an authorized representative of such City, ("the Effective
Date").
(Signatures on Following Pages)
AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: IRVING AND COPPELL:
Page 5 of 7
City of Irving Signature Page
SIGNED AND AGREED this 2t' day of lc 12021.
CITY OF IRVING
13 ..w
i and H. Stopfer, Mayor
ATTEST:
tet.
Shanae Jennings, C y SecMary
APPROVED AS TO FORM:
Kuruvilla Oommen, City Attorney
Approved -�-a
Resolution # "ay
AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: IRVING AND COPPELL:
Page 6 of 7
City of Coppell Signature Page
SIGNED AND AGREED this day ofA/114'2021.
CITY OF APELL
By:
Wes Mays, Mayor
ATTEST:
AGREEMENT FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE: IRVING AND COPPELL:
Page 7 of 7
POLICIES FOR FIRE DEPARTMENT AUTOMATIC ASSISTANCE AMONG
THE CITY OF IRVING AND THE CITY OF COPPELL
The Policies set forth herein are included in the AGREEMENT FOR FIRE DEPARTMENT
AUTOMATIC ASSISTANCE AMONG THE CITY OF IRVING AND THE CITY OF COPPELL
("Agreement").
The purpose of these Policies is to outline the procedures for implementing an Automatic
Assistance response between the City of Irving Fire Department, hereinafter referred to as "Irving"
and the City of Coppell Fire Department, hereinafter referred to as "Coppell" (individually referred
to as a "Department" or collectively referred to as "Departments"). These Policies are a guide for
routine operations.
Amount and Type of Assistance
The Agreement is for the exchange of fire, specialized apparatus and/or EMS services in specified
response areas as designated by the City of Irving Fire Department (IFD) Dispatch Computer
Aided Dispatch (CAD) in coordination with the North Texas Emergency Communications Center's
(NTECC) Box Card assignment system developed and approved by Coppell.
Companies required in addition to first alarm assignment will be in accordance with procedures
established between the City of Irving Fire Department Dispatch Computer Aided Dispatch (CAD)
in coordination with the North Texas Emergency Communications Center's (NTECC) Box Card
assignment system approved by Coppell.
Response Areas
Each Department will provide EMS, fire and/or specialized apparatus service, as requested, to
the other Department as established by the IFD Dispatch CAD in coordination with the NTECC
"Box Card" assignment system.
Limitations
If the agreed upon response from a Department is not available or is temporarily depleted, the
assisting Department need not respond.
Training
Combined training exercises are to be conducted on a regular basis. The training exercises will
be coordinated by the respective Department training chiefs.
Communications
Communications among the two Departments will use established IFD Dispatch CAD and the
NTECC procedures as approved by both Departments.
Upon receipt of an alarm in any of the designated response areas, the appropriate dispatch center
receiving the alarm will dispatch the proper apparatus and coordinate with the other Dispatch or
Communication Center.
Automatic Aid Agreement Policies Page 1
Incident Command
The officer on the first arriving company will take command of the incident until relieved by the
appropriate authority.
Fire Incident Reporting
Each Department will be responsible for obtaining needed information to complete fire and
emergency medical service reports for incidents within their respective jurisdictions. Assisting
units shall cooperate with jurisdictional units to provide necessary information as required.
Revisions
These Policies may be revised or amended at any time by mutual agreement of the Fire Chiefs
of Irving and Coppell.
Fire Chief
City of Irving
Date
Fire Chief
City of Coppell
Date
Automatic Aid Agreement Policies Page 2