1994-135-RES WHEREAS, COP, CITY OF BONHAM, COUNTY OF LAMAR, COUNTY OF RED RIVER AND COUNTY OF FANNIN
RESOLUTION NO. 94-135
WHEREAS, the City of Paris, City of Bonham, County of Lamar, County of Red River,
and County of Fannin filed a joint application with the Criminal Justice Division and created the
Regional Controlled Substance Apprehension Program, a multi-agency, multi-jurisdictional drug
task force; and,
WHEREAS, all parties have agreed to enter into an indemnification and hold harmless
agreement by and among each other, their officials and employees; and,
WHEREAS, the form of said agreement attached hereto as Exhibit A should, in all
things, be approved, and Don Shelton, Mayor of the City of Paris, 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 Interagency Indemnification and Hold Harmless Agreement by and among the City
of Paris, City of Bonham, County of Lamar, County of Red River and County of Fannin be,
and the same is hereby, approved; and
BE IT FURTHER RESOLVED, that Don Shelton, Mayor of the City of Paris, be, and
he is hereby, authorized and directed to execute on behalf of the City of Paris the Interagency
Indemnification and Hold Harmless Agreement, upon the terms and conditions and in the form
shown in Exhibit A, attached hereto.
PASSED AND ADOPTED this 10th day of October, 1994.
!k.]t:f~
ATTEST:
~~,', )~H,,^,,^h~~Cll""" ')
Mattie Cunningham, City Clerk
INTERAGENCY INDEMNIFICATION AND
HOLD HARMLESS AGREEMENT
STATE OF TEXAS )
)
COUNTY OF LAMAR )
THIS AGREEMENT, made this 10th day of October, 1994, by and among the CITY
OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor, Don
Shelton, duly authorized, and the CITY OF BONHAM, Bonham, Texas, a municipal
corporation, acting by and through its City Manager, Jim Stiff, duly authorized, hereinafter
called CITIES; and the COUNTY OF LAMAR, Lamar County, Texas, acting by and through
its County Judge, Deane A. Loughmiller, duly authorized, the COUNTY OF RED RIVER, Red
River County, Texas, acting by and through its County Judge, L. D. Williamson, duly
authorized, and the COUNTY OF FANNIN, Fannin County, Texas, acting by and through its
County Judge, Jimmy Doyle, duly authorized, hereinafter called COUNTIES.
WHEREAS, CITIES and COUNTIES, as participating entities, have filed a joint
application with the Criminal Justice Division and created the Regional Controlled Substance
Apprehension Program ("RCSAP"), a multi-agency, multi-jurisdictional drug task force; and,
WHEREAS, CITIES and COUNTIES have agreed to enter into an indemnification and
hold harmless agreement by and between each other, their officials and employees; NOW,
THEREFORE,
KNOW ALL MEN BY THESE PRESENTS, that CITIES and COUNTIES do hereby
contract and agree as follows:
I. Every participating entity (CITIES and COUNTIES) agrees to hold every other
participating entity and its officials and employees harmless from any and all liability, including,
HOLD HARMLESS AGREEMENT...Paae 1
EXHIBIT A .
but not limited to, any property, physical or nonphysical damages or less incurred by third
parties or by officers or employees of any participating entity or by any participating entity, of
whatsoever nature caused, including, but not limited to, omissions or acts of negligence or
intentional acts as a result of any officer or employee of any such entity carrying out their
duties.
2. This Agreement will be effective as to each participating entity beginning
immediately and remain in effect through May 31, 1995.
3. The participating entities (CITIES and COUNTIES) will likewise be bound by this
Agreement for any claims or loss arising from actions occurring between the effective date of
this Agreement and May 31, 1995, as joint venturers. Each entity will only be responsible for
its pro rata share of any claim for its participation in the RCSAP.
4. Service in the RCSAP operation by a peace officer, official or employee shall not
constitute "service of another county or municipality" other than such entity for the purposes of
Section 3 of Article 999b, so as to make such peace officer, official or employee a borrowed
servant of any other entity. If a court of competent jurisdiction shall hold that any peace officer,
official or employee is a borrowed servant of another entity, then the indemnification paragraph
above is only applicable to the peace officer's, official's or employee's original employer as to
the duty to indemnify for such employee.
5. In case anyone or more of the provisions contained in this Agreement shall be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision hereof and this Agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
HOll) HARMLESS AGREEMENT...P82e 2
6. This Agreement supersedes any and all other agreements, either oral or written,
between the parties hereto with respect to the subject matter hereof, and no other agreement,
statement or promise relating to the subject matter of this Agreement which is not contained
herein shall be valid or binding.
EXECUTED on the day and year first above written.
CITY OF PARIS
BY:
Don Shelton, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared DON
SHELTON, Mayor of the City of Paris, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of October,
1994.
Notary Public, State of Texas
now HARMLESS AGREEMENT...Paae 3
CITY OF BONHAM
BY:
Jim Stiff, City Manager
ATTEST:
Janell Whited Hall, City Clerk
APPROVED AS TO FORM:
Ronald H. Clark, City Attorney
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared JIM STIFF,
City Manager of the City of Bonham, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of October,
1994.
Notary Public, State of Texas
HOLD HARMLESS AGREEMENT...Pall.e 4
COUNTY OF LAMAR
BY:
Deane A. Loughmiller
County Judge
ATTEST:
Kathy Poole, County Clerk
APPROVED AS TO FORM:
Tom Wells, County Attorney
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Deane A.
Loughmiller, County Judge of the County of Lamar, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of October,
1994.
Notary Public, State of Texas
HOLD HARl\fi.ESS AGREEMENT...PaKe 5
COUNTY OF RED RIVER
BY:
L. D. Williamson, County Judge
ATTEST:
Mary Hausler, County Clerk
APPROVED AS TO FORM:
Jack Herrington, County Attorney
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared L. D.
WILLIAMSON, County Judge of Red River County, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of October,
1994.
Notary Public, State of Texas
HOLD HARMLESS AGREEMENT...Pae.e 6
COUNTY OF FANNIN
BY;
Jimmy Doyle, County Judge
ATTEST:
Margaret Gilbert, County Clerk
APPROVED AS TO FORM:
Jim Moss, County Attorney
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared JIMMY
DOYLE, County Judge of Fannin County, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OJ;' OJ;'J;'ICE this _ day of October,
1994.
Notary Public, State of Texas
HOLD HARMLESS AGREEMENT...P82e 7