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Res 2006-087
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Res 2006-087
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Last modified
8/27/2007 8:22:01 AM
Creation date
8/27/2007 8:21:28 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-87
Date
6/6/2006
Volume Book
167
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<br />the provision of Mutual Aid or may loan or donate equipment or services to the Requesting Party without <br />charge or cost. <br /> <br />10. INSURANCE <br /> <br />A. WORKERS' COMPENSATION COVERAGE: Each Party shall be responsible for its own <br />actions and those of its employees and is responsible for complying with the Texas Workers' <br />Compensation Act. <br /> <br />B. AUTOMOBILE LIABILITY COVERAGE: Each Party shall be responsible for its own actions <br />and is responsible for complying with the Texas motor vehicle fmancial responsibility laws. <br /> <br />C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT <br />LIABILITY: Each Party agrees to obtain or continue its general liability, public official's liability <br />and law enforcement liability insurance, if applicable, or maintain a comparable self-insurance <br />program. <br /> <br />D. OTHER COVERAGE: The Assisting Party shall provide and maintain its standard packages <br />of medical and death benefit insurance coverage while its personnel are assisting the Requesting <br />Party . <br /> <br />11. WAIVER OF CLAIMS AGAINST PARTIES; IMMUNITY RETAINED. Pursuant to ~ ~ <br />421.062-Liability Under Interlocal Contract and 791.006-Liability in Fire Protection Contract or Provision <br />of Law Enforcement Services, Texas Government Code, the Party furnishing services under this <br />Agreement is not responsible for any civil liability that arises from the furnishing of those services. <br />A. It is expressly agreed that the furnishing of assistance under this Agreement by a Party owning a public <br />power utility and involving the use of public power utility personnel or equipment ("Utility Assisting <br />Party") shall be deemed to be the furnishing of a service "related to a homeland security activity" within <br />the ambit of ~ 421.062, Texas Government Code. A Requesting Party shall make no claim of any kind <br />against a Utility Assisting Party based on an assertion that services were rendered in a proprietary capacity <br />or that the actions of a Utility Assisting Party constituted proprietary activities. If the furnishing of services <br />by a Utility Assisting Party ever is held not "related to a homeland security activity" within the ambit of ~ <br />421.062, the Requesting Party assumes all risk of and responsibility for any claims against the Utility <br />Assisting Party that arise out of the Utility Assisting Party's furnishing of assistance under this Agreement. <br /> <br />B. No Party waives or relinquishes any immunity or defense on behalf of itself, its governing body, <br />officers, employees and agents as a result of the foregoing sentence or its execution of this Agreement and <br />the performance of the covenants contained herein. <br /> <br />12. EXPENDING FUNDS. Each Party that performs services or furnishes aid pursuant to this <br />Agreement shall do so with funds available from current revenues of the Party. No Party shall have any <br />liability for the failure to expend funds to provide aid hereunder. <br /> <br />13. TERM. This Agreement shall become effective as to each Party on the date signed and shall <br />continue in force and remain binding on each and every Party through December 31 of the year signed. <br />This Agreement shall renew automatically for a period of one year upon the completion of the initial term <br />and each subsequent term unless and until such time as the governing body of a Party terminates its <br />participation in this Agreement pursuant to Section 22 of this Agreement. Termination of participation in <br /> <br />Page 6 of 9 -Interjurisdictional Mutua) Aid Agreement <br />Approved by CAPCOG Executive Committee 2/08/06 <br />
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