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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 />this Agreement by a Party or Parties shall not affect the continued operation of this Agreement between <br />and among the remaining Parties. <br /> <br />14. ENTIRETY. This Agreement contains all commitments and agreements of the Parties with <br />respect to the Mutual Aid to be rendered hereunder during or in connection with a Disaster and/or Civil <br />Emergency. No other oral or written commitments of the Parties with respect to Mutual Aid under this <br />Agreement shall have any force or effect if not contained herein, except as provided in Sections 16 and 17 <br />below. <br /> <br />15. RATIFICATION. Each Party hereby ratifies the actions of its personnel and the rendering and/or <br />receiving of Mutual Aid taken prior to the date of this Agreement. <br /> <br />16. OTHER MUTUAL AID AGREEMENTS. It is understood that certain Parties may have <br />heretofore contracted or may hereafter contract with each other for Mutual Aid in Civil Emergency and/or <br />Disaster situations, and it is agreed that, to the extent there is a conflict between this Agreement and any <br />other such Mutual Aid agreement, the provisions of this Agreement shall be superior to any such <br />individual contract; provided, however, that the Assisting and Requesting Parties may agree to use expense <br />reimbursement provisions of another existing Mutual Aid Agreement between them. <br /> <br />17. INTERLOCAL COOPERATION ACT. The Parties agree that Mutual Aid in the context <br />contemplated herein is a "governmental function and service", including aid rendered by a municipally- <br />owned public power utility, and that the Parties are "local governments" as that term is defined herein and <br />in the Interlocal Cooperation Act, Texas Government Code Chapter 791. <br /> <br />18. CONFIDENTIALITY. The Parties recognize that the provision of Mutual Aid under this <br />Agreement may result in the transfer of confidential medical information between them. The parties <br />recognize and agree to guard the confidentiality of such information as required by the federal Health <br />Insurance Portability and Accountability Act of 1996 (HIP AA), the Texas Medical Practice Act, and other <br />state privacy laws pertaining to the confidentiality of medical records. <br /> <br />19. SEVERABILITY. If a provision contained in this Agreement is held invalid for any reason, the <br />invalidity does not affect other provisions of the Agreement that can be given effect without the invalid <br />provision, and to this end the provisions of this Agreement are severable. <br /> <br />20. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the <br />validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this <br />Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this <br />Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall <br />continue in full force and effect. <br /> <br />21. AMENDMENT. This Agreement may be amended only by the mutual written consent of the <br />Parties. <br /> <br />22. TERMINATION. Any Party may at any time by resolution or notice given to the Administrative <br />Agency decline to participate in the provision of Mutual Aid. The governing body of a Party which is a <br />signatory hereto shall, by resolution, give notice of termination of participation in this Agreement and <br />submit a certified copy of such resolution to the Administrative Agency. Such termination shall become <br />effective not earlier than 30 days after the filing of such notice. The termination by one or more of the <br />Parties of its participation in this Agreement shall not affect the operation of this Agreement as between the <br />other Parties hereto. <br /> <br />Page 7 of 9 -InteIjurisdictional Mutual Aid Agreement <br />Approved by CAPCOG Executive Committee 2/08/06 <br />
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