23-R-91 Mutual Aid Agreement JBSARESOLUTION NO. 23-R-91
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A
MUTUAL AID AGREEMENT WITH JOINT BASE SAN ANTONIO
WHEREAS, each of the Parties hereto maintains equipment and personnel for the
suppression of fires and the management of other emergency incidents occurring within areas
under their respective jurisdictions; and
WHEREAS, as set forth in 42 U.S.C. § 1856 the term `fire protection' includes personal
services and equipment required for fire prevention, the protection of life and property from fire,
firefighting, and emergency services, including basic medical support, basic and advanced life
support, hazardous material containment and confinement, and special rescue incidents involving
vehicular and water mishaps, and trench, building, and confined space extractions; and
WHEREAS, the Parties hereto desire to augment the fire protection capabilities available
in their respective jurisdictions by entering into this Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City council hereby authorizes the city manager to enter into a mutual aid
agreement with Joint Base San Antonio as attached in exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Resolution for all purposes and are adopted as
a part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any
provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved
herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City Council hereby declares that this Resolution would have been enacted
without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Resolution, was given, all as required by Chapter 551, Texas Government Code, as
amended.
Section 7. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
PASSED AND ADOPTED, this%ay of,* 3.
CITY OF SCHER TEXAS
Ral utie , Mayor
ATTE T:
S ieila Edmore son, City Secretary
Exhibit A
SCHERTZ FIRE DEPARTMENT
MUTUAL AID IN FIRE EMERGENCY
SERVICES (US)
SCHERTZ FIRE DEPARTMENT
MUTUAL AID IN FIRE EMERGENCY
SERVICES (US)
This Agreement will become effective on the date of the last signature to the Agreement
and will remain in effect for five years. This Mutual Aid Agreement (the "Agreement") is
made and entered between the Secretary of the Air Force (the "Air Force") acting by and
through the Commander, Joint Base San Antonio and 502d Air Base Wing (JBSA - 502
ABW), pursuant to the authority of 42 U.S.C. § 1856a and the Fire Department of Schertz
the "Schertz Fire Department". Together the Air Force and the Schertz Fire Department
are hereinafter referred to as the "Parties".
WITNESSETH:
WHEREAS, each of the Parties hereto maintains equipment and personnel for the
suppression of fires and the management of other emergency incidents occurring within
areas under their respective jurisdictions; and
WHEREAS, as set forth in 42 U.S.C. § 1856 the term `fire protection' includes
personal services and equipment required for fire prevention, the protection of life and
property from fire, firefighting, and emergency services, including basic medical
support, basic and advanced life support, hazardous material containment and
confinement, and special rescue incidents involving vehicular and water mishaps, and
trench, building, and confined space extractions; and
WHEREAS, the Parties hereto desire to augment the fire protection capabilities available
in their respective jurisdictions by entering into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, obligations and
agreements herein established, the Parties hereby agree as follows:
a. The authority to enter into this Agreement is set forth in 42 U.S.C. § 1856a, and Title
15 United States Code Section 2210, the regulations implementing same at Title 44 Code
of Federal Regulations Part 151 Emergency Management and Assistance and AFI 32-2001,
Fire and Emergency Services Program.
b. This Agreement will serve as the agreement between the Parties for securing to each
mutual aid in fire protection services as defined above.
c. On request to a representative of the JBSA - 502 ABW fire department by a
representative of the Schertz Fire Department, fire protection equipment and
personnel of the JBSA - 502 ABW fire department will be dispatched to any point
within the area for which the Schertz Fire Department normally provides fire
protection services as designated by the representatives of the Schertz Fire
Department.
d. On request to a representative of the Schertz Fire Department by a representative of
the JBSA - 502 ABW fire department, fire protection equipment and personnel of the
Schertz Fire Department will be dispatched to any point within the jurisdiction of the
JBSA - 502 ABW as designated by the representative of the JBSA - 502 ABW fire
department.
e. Any dispatch of equipment and personnel by the Parties pursuant to this Agreement is
subject to the following conditions:
(1) Any request for aid hereunder will include a statement of the amount and type of
equipment and personnel requested and will specify the location to which the equipment
and personnel are to be dispatched, but the amount and type of equipment and the number
of personnel to be furnished will be determined by the responding organization. The
requesting organization will ensure access to site for the responding organization.
(2) The responding organization will report to the officer in charge of the requesting
organization at the location to which the equipment is dispatched and will be subject to
the orders of that official.
(3) The responding organization will be released by the requesting organization when the
services of the responding organization are no longer required or when the responding
organization is needed within the area for which it normally provides fire protection.
(4) Sharing of non -encrypted Radio Frequencies/INTEROPERABILITY capability between
agencies specifically during Mutual Aids for accountability of personnel and assets,
including sharing of valuable information between Incident Command and firefighters.
(5) HAZMAT incident response will include the response to, and control and containment
of any release or suspected release of any material suspected to be or known to be
hazardous. Where the properties of a released material are not known, it will be considered
hazardous until proven otherwise by the requesting organization using all technical
resources available. Cleanup and removal of contained HAZMAT will be the responsibility
of the requesting organization.
(6) In the event of a crash of an aircraft owned or operated by the United States or military
aircraft of any foreign nation within the area for which the Schertz Fire Department
normally provides fire protection services, the chief of the JBSA - 502 ABW fire
department or his or her representative may assume full command on arrival at the scene
of the crash.
(7) Regardless of local agencies assigning an incident safety officer, an Air Force
representative will be assigned to act as the incident safety officer for 502 ABW Fire
Department to observe Air Force support and operations at an incident. Local agencies are
encouraged to assign a safety officer to observe the agencies support and operations at an
incident on the installation.
f. Each Party hereby agrees that its intent with respect to the rendering of assistance to
the other Party under this Agreement is not to seek reimbursement from the Party
requesting such assistance.
(1) Notwithstanding the above, the Parties hereby recognize that pursuant to the Section 11
of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. § 2210) and Federal
regulations issued there under (44 Code of Federal Regulations Part 151), Schertz Fire
Department is permitted to seek reimbursement for all or any part of its direct expenses and
losses (defined as additional firefighting costs over normal operational costs) incurred in
fighting fires on property under the jurisdiction of the United States. Furthermore, under the
authority of 42 U.S.C. § 1856a, and pursuant to any applicable state or local IAW each Party
hereby reserves the right to seek reimbursement from the other for all or any part of the costs
(defined as additional firefighting costs over normal operational costs) incurred by it in
providing fire protection services to the other Party in response to a request for assistance.
(2) Furthermore, Schertz Fire Department agrees to indemnify and hold harmless the
United States from any liability that may arise from the use of fire -fighting foams,
chemicals, or other materials by the Air Force in providing fire protection services to the Schertz
Fire Department, which agreement to indemnify and hold harmless includes, but is not limited to,
such uses that may result in hazardous substance exposure or pollution of or contamination to air,
land, water, person or property or such uses that may result in response actions under CERCLA,
RCRA, or any other federal, state, or local laws. Notwithstanding any other provision of this
Agreement, termination of this Agreement shall in no way affect Schertz Fire Department's
obligation under this paragraph to indemnify and hold harmless the United States from any liability
that may arise from the use of fire -fighting foams, chemicals, or other materials by the Air Force in
providing fire protection services to the Schertz Fire Department, which obligation shall survive
such termination.
g. Both Parties agree to implement the National Incident Management System during
all emergency responses on and off Installations IAW National Fire Protection
Association Standard 1561.
h. Each Party waives all claims against the other Party for compensation for any loss, damage,
personal injury, or death occurring as a consequence of the performance of this Agreement.
This provision does not waive any right of reimbursement pursuant to paragraph f.
i. All equipment used by Schertz Fire Department in carrying out this Agreement
will, at the time of action hereunder, be owned by it; and all personnel acting for
Schertz Fire Department under this Agreement will, at the time of such action, be
an employee or volunteer member of Schertz Fire Department.
j. The rendering of assistance under the terms of this Agreement will not be mandatory;
however, the Party receiving a request for assistance will endeavor to immediately inform
the requesting Party if the requested assistance cannot be provided and, if assistance can be
provided, the quantity of such resources as may be dispatched in response to such request.
k. Neither Party will hold the other Party liable or at fault for failing to respond to any
request for assistance or for failing to respond to such a request in a timely manner or with
less than optimum equipment and/or personnel, it being the understanding of the Parties that
each is primarily and ultimately responsible for the provision of fire protection services
needed within their own jurisdictions.
I. Disputes.
Parties to Negotiate. If a dispute should arise, the Parties agree to first attempt to resolve
the dispute using unassisted negotiation techniques (i.e., without the assistance of a neutral
third party). Either Party may request in writing that unassisted negotiations commence. As
part of the unassisted negotiation, the Parties shall consider employing joint fact-finding, if
material factual disputes are involved, and shall use other early resolution techniques
appropriate to the circumstances. If the dispute involves material issues of fact, the Parties may
employ a neutral third party to provide a confidential evaluation of the issues of fact.
m. Alternative Dispute Resolution.
(1) If the dispute is not resolved within sixty (60) days after the request for unassisted
negotiations, and the Parties do not mutually agree to continue the unassisted negotiations,
the Parties shall employ alternative dispute resolution procedures involving nonbinding
mediation of the dispute by a neutral third party. The alternative dispute resolution
procedures employed shall include a confidential evaluation of both the facts and the law
and the issuance of confidential recommendations by the neutral third party.
(2) By entering into this Agreement, the Parties have voluntarily adopted alternative dispute
resolution procedures IAW 5 United States Code. § 572(c). These procedures shall not be
employed if determined by either Party to be inappropriate after taking into consideration the
factors enumerated at 5 United States Code. § 572(b). A Party rejecting alternative dispute
resolution as inappropriate shall document its reasons in writing and deliver them to the other
Party. The Parties shall enter into a master written alternative dispute resolution Agreement
governing alternative dispute resolution proceedings that may be amended as needed to fit
individual proceedings. (A template of an acceptable alternative dispute resolution agreement
may be found at www.adr.af.mil).
(3) The Government's obligation to make any payment arising out of an agreement resolving a
dispute under this Agreement is contingent upon the availability of funds proper for such
payment. The Schertz Fire Department obligation to make any payment arising out of an
agreement resolving a dispute under this Agreement is contingent upon the availability of
funds proper for such payment.
n. All notices, requests, demands, and other communications which may or are required to
be delivered hereunder will be in writing and will be delivered by messenger, by a
nationally -recognized overnight mail delivery service or by certified mail, return receipt
requested, at the following addresses:
For the Air Force:
JBSA - 502 ABW
c/o Commander
2080 Wilson Way, Bldg 247
Joint Base San Antonio — Fort Sam Houston, Texas 78234-7680
And:
Department of the Air Force
Air Force Civil Engineer Center/CXF
139 Barnes Dr, Suite 1
Tyndall AFB FL 32403-5319
And:
JBSA - 502 ABW
c/o Installation Fire Chief
1910 Kenly Avenue
Joint Base San Antonio - Lackland, Texas 78236
For Fire Department of Schertz
Schertz Fire Department
attention to Security and Fire Protection Manager
1400 Schertz Parkway, Bldg #8
Schertz, TX 78154
TERMS OF THE AGREEMENT
o. This Agreement will become effective on the date of the last signature to the Agreement
and will remain in effect for five years. The Parties to this agreement shall conduct an
annual review for currency to respective regulatory and policy guidance and shall
acknowledge review by cover letter signature from both Parties' senior fire officers. Either
Party may unilaterally terminate this Agreement during the Term by sending notification of
its intent to terminate to the other Party at 180 days in advance of the proposed date of
termination. Such notification will be in the form of a written submission to the other Party.
Upon becoming effective, this Agreement will supersede and cancel all previous
agreements between the Parties concerning the rendering of assistance from one to the other
for the purposes stated in this Agreement.
p. The modification or amendment of this Agreement, or any of the provisions of this
Agreement, will not become effective unless executed in writing by both Parties.
q. This Agreement may be executed in one or more counterparts, each of which will
be deemed an original.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
by their duly authorized representatives on the dates shown below:
FIRE DEPARTMENT
for City of Schertz
BY:
STEVE WILLIAMS
City Manager
THE UNITED STATES OFAMERICA
by the Secretary of the Air Force
BY:
RUSSELL D. DRIGGERS
Brigadier General, USAF
Commander,
Joint Base San Antonio and 502d A