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2002-196-RES APPROVE/AUTHORIZE EXECUTION OF MUTUAL AID AGREEMENT WITH COUNTY OF LAMAR IN EVENT OF DISASTERS -. ~ RESOLUTION NO. 200f-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A MUTUAL AID AGREEMENT WITH THE COUNTY OF LAMAR FOR THE PROVISION OF MUTUAL AID IN THE EVENT OF DISASTERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 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 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, PRIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. 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. Section 3. That the Mayor of the City of Paris 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. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 17th day of December, 2002. ~ ~ ATTEST: Mattie Curmingham, City Clerk ~ MUTUAL AID AGREEMENT LAMAR COUNTY, TEXAS AND CITY OF PARIS, TEXAS The contracting CITY and COUNTY solemnly agree: SECTION 1. PURPOSE The purpose of this agreement is to provide mutual aid between the city and county 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, Chapter 791, V.T.C.A. Texas Government Code (formerly Vernon's Texas Civil Statutes of Texas, Article 4413 (32c)), and the Texas Disaster Act of 1975, Chapter 418, V. T.C .A. Texas Government Code, (formerly Article 6889-7 of the Revised Civil Statutes of Texas). This agreement recognizes that the prompt, full and effective utilization of the resources of the respective city and county 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 the parties 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. RESPONSmILITIES It shall be the duty of each party, city and 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 city and county with the State of Texas and the free exchange of information and services. In carrying out such emergency management plans and programs, the party city and county 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; (e) The safety of public meetings or gatherings; (f) To provide facilities to be used for evacuation centers, shelters and/or mass feeding center; EXHIBIT A ~ MUTUAL AID AGREEMENT BETWEEN EMERGENCY SERVICES OF LAMARCOUNTY,TEXASAND CITY OF PARIS. TEXAS Page 2 Any party, city and 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 another city or county limits under the terms and conditions of this agreement, may exercise 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 agreement 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 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 (if any), 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 other 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 are 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 ~ ~. MUTUAL AID AGREEMENT BETWEEN EMERGENCY SERVICES OF LAMARCOUNTY,TEXASAND CITY OF PARIS, TEXAS Page 3 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 Commissioners' Court or City Council 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 each other party city or county. 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 inunediately 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 the County Commissioners and the County Judge of the respective cities and counties enumerated in this agreement; when it shall be approved by the City Council and the Commissioners' Court of each city or county. CITY OF PARIS, PARIS, TEXAS LAMAR COUNTY MichaeIJ. Pfiester, Mayor LAMAR COUNTY JUDGE ATTEST: LAMAR COUNTY COMMISSIONER Pct I Mattie Cunningham, City Clerk LAMAR COUNTY COMMISSIONER Pct 2 .,. '-'-.' \ ~ ~ MUTUAL AID AGREEMENT BETWEEN EMERGENCY SERVICES OF LAMARCOUNTY,TEXASAND CITY OF PARIS. TEXAS APPROVED AS TO FORM: Larry W. Schenk, City Attorney ~ Page 4 LAMAR COUNTY COMMISSIONER Pct 3 LAMAR COUNTY COMMISSIONER Pct 4 ATTEST: Kathy L. Marlowe, County Clerk