1989-097-RES WHEREAS, CITY COUNCIL ON THE 14TH DAY OF MARCH, 1989, 88-020 WHICH SAID RES WAS
RESOLUTION NO. Jlll.:Q2L___
WHEREAS, the Ci ty Counci I 0 f
heretofore on the 14th day of March,
88-020, which said resolution was
correctian; NOW, THEREFORE,
the Ci ty
1988, pass
incorrect
of Paris did
Resolution No.
and requires
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
That Resolution No. 88-020, be, and the same is hereby amended
and superceded by this resolution as follows:
"WHEREAS, the Ci ty af Paris has for many years provided aid
to regional cities and counties and has received aid from
regional cities and counties in time of disaster or extraordinary
need; and,
WHEREAS, it is determined to be in the best interest of the
City of Paris that such mutual aid be described in an
intergovernmental contract with such regional cities and counties,
providing for mutual aid in areas of Fire, Police and E.M.S.;
and,
WHEREAS, the regional cities or counties which have agreed
in principal to an intergovernmental contract are as follows:
FIRE
r:---
2.
3 .
4.
5.
6 .
7.
8 .
9.
10.
Bonham, TX
Clarksville, TX
Cooper, TX
Denison, TX
Greenville, TX
Honey Grove, TX
Hugo OK
Mt. Pleasant, TX
Sherman, TX
Sulphur Springs,
TX
POLICE
r:----Bonham, TX
2. Clarksville, TX
3. Cooper, TX
4. Denison, TX
5. Greenville, TX
6. Honey Grove, TX
7. Mt. Pleasant, TX
8. Sherman, TX
9. Sulphur Springs,
TX
E.M.S.
I:----Bonham, TX
2. Cooper, TX
3. Denison, TX
4. Greenville (Commerce), TX
5. Honey Grove, TX
6. Hugo, OK
7. McKinney, TX
8. Mt. Pleasant, TX
9. Richardson, TX
10. Rockwell, TX
11. Sherman, TX
12. Trenton, TX
13. Hopkins County
14. Red River County
15. Titus County
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
That the City Manager, Michael E. Malone, be, and he is hereby
authorized and directed to execute on behalf of the City of
Paris, mutal aid agreements in the form attached hereto as
Exhibit A, with the following cities or counties:
FIRE
1:--- Bonham, TX
POLICE
I:----Bonham. TX
E.M.S.
1. Bonham, TX
2. Cooper, TX
3. Denison, TX
4. Greenville (Commerce), TX
5. Honey Grove, TX
6. Hugo, OK
7. McKinney, TX
8. Mt. Pleasant, TX
9. Richardson, TX
10. Rockwell, TX
11. Sherman, TX
12. Trenton, TX
13. Hopkins County
14. Red River County
15. Titus County"
Passed and adopted on the 14th day of August, 1989.
/'
U1It
Curtis Fen
ATTEST:
~~'\~~i0
Mattie Cunningham, City ler
APPROVED AS
AGREEMENT FOR MUTUAL AID
IN FIRE AND/OR EMERGENCY MEDICAL SERVICES
THE STATE OF TEXAS &
&
&
KNOWN ALL MEN BY THESE PRESENTS:
CITY OF PARIS
&
WHEREAS, the governing officials of the following political subdivisions of
the State of Texas, and the officer of the following Fire and/or Emergency
Medical Services, to wit: The City of Paris, Paris, Texas Fire/Emergency
Medical Services, and
do desire to secure to each political subdivision Fire and/or Emergency
Medical Service the benefits of mutual aid in the Emergency care of the
sick and injured, rescue operations, medical response, in the protection of
life and property from natural disaster and/or man made disaster causes,
including fire, flood, earthquake, windstorm, wave action, oil spill, or
other water contamination, volcanic activity, epidemic, air contamination,
blight, drought, infestation, explosion, riot, hostile military or
paramiiitary action, or other possible calamity requiring emergency action.
WHEREAS,
, City Manager of the City of Paris, Paris
Texas, has by resolution of the City Council of the City of Paris, Paris
Texas, been duly authorized to negotiate and execute this mutual aid
agreement as the act of City of Paris, Paris Texas: and,
EXHIBIT A
WHEREAS, , Chief of the Paris Fire and Emergency
Medical Service in the City of Paris, Paris Texas, has by resolution of the
City Council of the City of Paris, Paris Texas, been d~ly 'auchorized to
negotiate and execute this mutual aid agreement as the act of Paris Fire
Department and Emergency Medical Services: and,
WHEREAS, , City Manager of the City of Paris has by
resolution of the City Council of the City of Paris being Number 88-020,
been duly authorized to negotiate and execute this mutual aid agreement as
the act of the City of Paris.
NOW THEREFORE, in consideration of the premises and our mutual agreements
the City of Paris, Paris Texas, acting by and through its City Manager,
duly authorized and
do mutually agree to the following:
I
Any party Fire and/or Emergency Medical Services requested to render mutual
aid to the area or areas covered normally by any other party Fire and/or
Emergency Medical Services, shall make available to such area or areas all
Available resources, consistent with rendering mutual aid in the protection
of life and personal property in such areas from disaster caused by, or
contributed to, by enemy attack, civil disaster, natural disaster, or any
other causes being sufficient reason to call for such mutual aid, provided
however, that it is agreed, if deemed necessary by
the requested
department, the requested department may reasonably withhold resources and
aid which is reasonable and necessary to provide adequate protection to the
area such Fire and/or Emergency Medical Service normally protects.
II
The requesting department must request aid through the Central Dispatch
Center (C,D.C.) or designated Emergency Response System. Any request for
mutual aid assistance should include a statement of the quantity and type
equipment desired. In addition, the request shall specify the number of
additional persons required and the location to which the personnel and
equipment are to be dispatched.
III
A request for aid hereunder shall be made only by or under the direction of
a ranking official or the Fire and/or Emergency Service, and/or by the
local or interjurisdictional disaster agency as set up by Texas Disaster
Act of 1975.
IV
Each party Fire Department and/or Emergency Medical Service requesting aid
shall extend to any other party Fire and/or Emergency Medical Service,
while operating within its area limits under the terms of this agreement,
the same power, duties, rights, privileges and immunities as if such other
party Fire Department and/or Emergency Medical Service were performing its
duties in the area where it normally renders service and is employed. Such
powers, duties, rights, privileges and immunities as mentioned above shall
become in full force and effect at the time aid is requested by the
requesting agency.
"
v
Each party Fire and/or Emergency Medical Service shall provide for the
payment of compensation and death benefits to injured members' or its own
department and to representatives of deceased members of such forces where
such members sustain injuries or are killed while rendering aid pursuant to
this agreement in the same manner and on the same terms as if injury or
death were sustained within the city or area in which such party Fire
and/or Emergency Medical Service normally operates.
VI
All Fire and/or Emergency Medical Services forces of any party to this
agreement shall continue under command and control of their regular
officers but the organizational units of the assisting Fire and/or
Emergency Medical Service shall come under the operational control and
command of the requesting Fire and/or Emergency Medical Service.
VII
No liability shall be attached to any political subdivision, State or
Federal agency or their officers, agents, or employees, or Fire and/or
Emergency Medical Service or their members, rendering aid pursuant to
this agreement, as a result of any act or emission on the part of such
forces while engaged in good faith in carrying out the purpose of this
agreement, nor shall any liability attach to such parties or persons on
account of the use or maintenance of any equipment or supplies in
connection therewith.
'.
VII
No political subdivision or party to this agreement shall be reimbursed by
any other party for expenses incurred or liabilities arising out of this
agreement. However, the State of Texas or the United States Government may
relieve the party receiving aid from any liability and may reimburse the
supplying party Fire and/or Emergency Medical Service for all its costs and
losses incurred while rendering aid pursuant to this agreement, including
transportation, subsistence maintenance expenses for its forces, and fair
and reasonable compensation for the use, damage, or utilization of its
supplies, materials, equipment and facilities. It is provided, however,
that the immediate preceding Paragraph II shall not prohibit any political
subdivision from reimbursement from the United States Government through
various reimbursement procedures.
IX
A responding department, its supplies, and forces, shall be released by the
requesting department when the services of the responding department are no
longer required or when the responding department is needed within the area
for which it normally provides services.
X
This agreement and supplies used by a party Fire and/or Emergency Medical
Service in carrying out this agreement shall, at the time of any action
herewith he considered owned by it; and all personnel acting for a party
Fire and/or Emergency Medical Service under this agreement shall at the
time of such action, be considered an employee or volunteer member of such
party Fire and/or Emergency Medical Service.
~ .
Xl
This agreement shall be enforceable in equity by specific performance or
mandamus, An action at law for damages shall never be brought under this
agreement.
XII
Inasmutch 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. Duly authenticated copies of this
agreement and of such supplemental agreements as may be entered into shall
be deposited with the governing bodies of each political subdivision and
each party Fire and/or Emergency Medical Service which is a party to this
agreement, and shall be recorded with the City Clerks Office of the City of
Paris, Paris, Texas.
XIII
This agreement shall continue in force until a party to the agreement takes
action to withdraw therefrom. A withdrawal from this agreement shall not
prejudice the effectiveness of this agreement as ~0 its remaining parties.
'-
A withdrawal from this agreement shall not be effective until ninety (90)
days after notice thereof has been sent by the withdrawing, party to the
other party Fire and/or Emergency Medical Service and to the City Manager
of Paris, Texas.
XIV
This agreement shall become operative upon its execution by the officials
or agents who have been duly authorized to execute it by resolution, order,
or ordinance of the political subdivision agencies and Fire and/or
Emergency Medical Services which are parties hereto.
XV
This agreement supersedes all previous Mutual Aid Agreements for parties
thereto.
XVI
The parties hereby agree to provide Mutual Aid for Fire related emergencies
, Emergency Medical Service emergencies
Emergency Medical Service
, for both Fire And
"
WITNESS MY HAND THIS
day of
THE CITY OF PARIS, PARIS TEXAS
BY:
BY:
, City Manager
,19_
, Fire Chief, E.M.S, Director