1999-055-MUTUAL AID AGREEMENT
RESOLUTION NO. 99-055
WHEREAS, the County of Lamar has requested the participation of the City of Paris in
providing for mutual aid between the City and the County in meeting any emergency or disaster
from enemy attack or other cause, natural or otherwise; and,
WHEREAS, it is deemed to be in the best interests of the citizens of Paris that such
request be granted, and it is deemed appropriate that the City of Paris enter into a mutual aid
agreement with the County of Lamar; and,
WHEREAS, the form of Mutual Aid Agreement, attached hereto as Exhibit A, should,
in all things, be approved, and the Mayor, Charles H. Neeley, should be authorized to execute
the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
form of the Mutual Aid Agreement with the County of Lamar for the provision of mutual aid in
the event of disasters, attached hereto as Exhibit A, be, and the same is hereby, approved; and,
BE IT FURTHER RESOLVED, that the Mayor, Charles H. Neeley, be, and he is
hereby, authorized and directed to execute, on behalf of the City of Paris, the Mutual Aid
Agreement, under the terms and conditions and in the form shown in Exhibit A, attached hereto.
PASSED AND ADOPTED this 10th day of May, 1999.
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Charles H. Neeley, Mayor
ATTEST:
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Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
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Scott P. Foster, City Attorney
Division of Emergency Management and other appropriate agencies of
the State of Texas.
This agreement shall become binding and obligatory when it
shall have been signed by the Mayor, and/or County Judge of the
respective cities and counties enumerated in this agreement; when
it shall be approved by the City Council and/or Commissioners'
Court of each city or county.
CITY OF PARIS, PARIS, TEXAS
LAMAR COUNTY
Charles H. Neeley, Mayor
LAMAR COUNTY JUDGE
LAMAR COUNTY COMMISSIONER Pct 1
ATTEST:
Mattie Cunningham, City Clerk
LAMAR COUNTY COMMISSIONER pct 2
LAMAR COUNTY COMMISSIONER Pct 3
APPROVED AS TO FORM:
Scott P. Foster, City Attorney
LAMAR COUNTY COMMISSIONER Pct 4
ATTEST:
Kathy L. Marlowe, County Clerk
MUTUAL AID AGREEMENT
The contracting cities and counties solemnly agree:
SECTION 1. PURPOSE
The purpose of this agreement is to provide mutual aid among
the cities and counties in meeting any emergency or disaster from
enemy attack or other cause, natural or otherwise. This
agreement is made pursuant to the Interlocal Cooperation Act,
Vernon's Texas Civil Statutes of Texas, Article 4413 (32c), and
Article 6889-7 of the Revised Civil Statutes of Texas, commonly
referred to as the Disaster Art of 1975. This agreement .
recognizes that the prompt, full and effective utilization of the
resources of the respective cities and counties is essential to
the safety, care and welfare of the people thereof in the event
of a major emergency or disaster. The Directors or Coordinators
of Emergency Management of all party cities and counties shall
constitute a committee to formulate plans and take all necessary
steps for the implementation of this agreement. Such planning
shall incorporate the use of resources, including personnel,
equipment and supplies necessary to provide mutual aid.
SECTION 2. RESPONSIBILITIES
It shall be the duty of each party city or county to
formulate emergency management plans and programs for application
within such city or county. There shall be frequent consultation
between the representatives of the cities and counties with the
State of Texas and the free exchange of information and services.
In carrying out such emergency management plans and programs, the
party cities and counties shall, so far as possible, provide and
follow uniform standards, practices and rules and regulations
including:
(a) Warnings and signals for .exercises or
disasters and the mechanical devices to be
used in connection therewith;
(b) Shutting off water mains, gas mains, electric
power connections and the suspension of all other
utility services;
(c) Selection of all materials or equipment used or to
be used for emergency management purposes to
assure that such materials and equipment will be
easily and freely interchangeable when used in or
by any other party city or county;
(d) The conduct of civilians and the movement and
cessation of movement of pedestrians and
vehicular traffic, prior, during and
subsequent to exercises or disasters;
EXHIBIT A
(e) The safety of public meetings or gatherings;
(f) To provide facilities to be used for evacuation
centers, shelters and/or mass feeding center;
(g) To provide buses and/or vans to be used for mass
transportation for evacuation purposes.
Any party city or county requested to render mutual aid
shall take such action as is necessary to provide and make
available the resources covered by this agreement in accordance
with the terms hereof; provided that it is understood that the
city or county rendering aid may withhold resources to the extent
necessary to provide reasonable protection for such city or
county. Each party city or county while operating within its
city or county limits under the terms and conditions of this
agreement, the same powers (except that of arrest unless
specifically authorized by the receiving city or county), duties,
rights, privileges and immunities as if they were performing
their duties in the city or county in which normally employed or
rendering services. Emergency management forces will continue
under the command and control of their regular leaders, but the
organizational units will come under the operational control of
the emergency management authorities of the city or county
receiving assistance.
All requests for mutual aid under this agrsement shall be
made through the State Disaster District organization and that
organization will serve as a channel through which outside aid
will be dispatched.
SECTION 3. LIABILITY
No party city or county or its officers or employees
rendering aid in another city or county pursuant to this
agreement shall be liable to on account of any act or omission in
good faith on the part of such forces while so engaged, or on
account of the maintenance or use of any equipment or supplies in
connection therewith.
SECTION 4. SUPPLEMENTARY AGREEMENTS
Inasmuch as it is probable that the pattern and detail of
the arrangements for mutual aid among two (2) or more cities or
counties may differ from that appropriate among other cities or
counties party hereto, this instrument contains elements of a
broad base common to all cities and counties, and nothing herein
contained shall preclude any city or county from entering into
supplementary agreements with another city or county or cities or
counties. Such supplementary agreements may comprehend, but
shall not be limited to, provisions for evacuation and reception
of injured and other persons, and the exchange of medical care,
fire, police, public utility, reconnaissance, welfare,
transportation and communications personnel, equipment and
supplies.
SECTION 5. COMPENSATION
Each party city or county shall provide for the payment of
compensation and death benefits to injured members of the
emergency management forces of that city or county and the
representatives of deceased members of such forces in case such
members sustain injuries or killed while rendering aid pursuant
to this agreement, in the same manner and on the same terms as if
the injury or death were sustained within such city or county.
SECTION 6. FINANCE
Any party city or county rendering aid in another city or
county pursuant to this agreement shall be reimbursed by the
party city or county receiving such aid for any loss or damage
to, or expense incurred in the operation of any equipment
answering a request for aid, and for the cost incurred in
connection with such requests; provided, that any aiding party
city or county may assume in whole or in part such loss damage
expense, or other cost, and provided further that any two (2) or
more party cities or counties may enter into supplementary
agreements establishing a different allocation of.costs as among
cities or counties.
SECTION 7. SEVERABILITY
This agreement shall continue in force and remain binding on
each party city and county until the city Councilor
Commissionsers' Court of such party city or county takes action
to withdraw therefrom. Such action shall not be effective until
90 days after notice thereof has been sent by the Emergency
Management Director of the party city or county desiring to
withdraw to the Emergency Management Director of all other party
cities or counties.
This agreement shall be construed to effectuate the purpose
stated in Section 1 hereof. If any provision of this agreement
is declared unconstitutional, or the applicability thereof to any
persons or circumstances is held invalid, the constitutionality
of the remainder of the agreement and the applicability thereof
to other persons and circumstances shall not be affected thereby.
SECTION 8. APPLICABILITY
This agreement shall become operative immediately upon its
approval by any city or county as between it and any other city
or county or cities or counties so ratifying. Duly authenticated
copies of this agreement and of such supplementary agreements as
may be entered into shall, at the time of their approval, be
deposited with each of the party cities and counties and with the
Division of Emergency Management and other appropriate agencies of
the State of Texas.
This agreement shall become binding and obligatory when it
shall have been signed by the Mayor, and/or County Judge of the
respective cities and counties enumerated in this agreement; when
it shall be approved by the City Council and/or Commissioners'
Court of each city or county.
CITY OF PARIS, PARIS, TEXAS
LAMAR COUNTY
Charles H. Neeley, Mayor
LAMAR COUNTY JUDGE
LAMAR COUNTY COMMISSIONER Pct 1
ATTEST:
Mattie Cunningham, City Clerk
LAMAR COUNTY COMMISSIONER Pct 2
LAMAR COUNTY COMMISSIONER Pct 3
APPROVED AS TO FORM:
Scott P. Foster, City Attorney
LAMAR COUNTY COMMISSIONER pct 4
ATTEST:
Kathy L. Marlowe, County Clerk