THIS AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN THOSE DEPARTMENTS AND AGENCIES SIGNATORY HERETO.

WHEREAS; THE PARTIES HAVE AN INTEREST IN PROVIDING DISASTER RESPONSE, RELIEF AND RECOVERY CAPABILITIES TO JURISDICTIONS IN ORDER TO MANAGE THE EFFECTS OF NATURAL AND/OR TECHNOLOGICAL DISASTERS WHICH MAY CONFRONT THE PARTIES AND;

WHEREAS; EACH OF THE JURISDICTIONS OWN AND MAINTAIN EQUIPMENT AND EMPLOY TRAINED PERSONNEL AND;

WHEREAS; ONE OR MORE PARTIES TO THIS AGREEMENT MAY FIND IT NECESSARY TO UTILIZE ALL OF THEIR OWN RESOURCES TO COPE WITH AN EMERGENCY OR DISASTER CAUSED BY NATURAL AND/OR TECHNOLOGICAL HAZARDS, AND MAY REQUIRE THE ASSISTANCE OF ANOTHER PARTY OR PARTIES TO PROVIDE SUPPLEMENTAL EQUIPMENT OR PERSONNEL AND;

WHEREAS; EACH OF THE PARTIES MAY HAVE THE NECESSARY EQUIPMENT AND PERSONNEL TO ENABLE IT TO PROVIDE SUCH SERVICES TO ANOTHER IN ACCORDANCE WITH THIS AGREEMENT IN THE EVENT OF SUCH AN EMERGENCY OR DISASTER SHOULD OCCUR AND;

WHEREAS; IT IS DESIRABLE THAT EACH OF THE PARTIES SHOULD VOLUNTARILY AID AND ASSIST EACH OTHER, AS NEEDED, IN THE EVENT THAT AN EMERGENCY OR DISASTER SHOULD OCCUR AND;

WHEREAS; THE GEOGRAPHICAL LOCATIONS OF EACH PARTY ARE LOCATED IN SUCH A MANNER, AS TO ENABLE EACH PARTY TO RENDER MUTUAL ASSISTANCE TO EACH OTHER;

NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN EACH AND ALL OF THE PARTIES HERETO AS FOLLOWS:

1. EFFECTIVE DATE:

THIS AGREEMENT BECOMES EFFECTIVE AS TO EACH PARTY WHEN APPROVED BY THE PARTY, AND SHALL REMAIN EFFECTIVE AS BETWEEN EACH AND EVERY PARTY THAT HAS HERETOFORE OR HEREINAFTER APPROVED THIS AGREEMENT, UNTIL PARTICIPATION IN THIS AGREEMENT IS TERMINATED BY THE PARTY AS PROVIDED HEREIN.

2. REQUEST FOR ASSISTANCE:

THE OFFICIAL OR DEPARTMENT WHO IS PARTY TO THIS AGREEMENT, OR HIS OR HER AGENT, IS AUTHORIZED TO REQUEST ASSISTANCE FROM ANY PARTY OR PARTIES TO THIS AGREEMENT IF CONFRONTED WITH AN EMERGENCY OR DISASTER SITUATION, DURING WHICH THE REQUESTING PARTY HAS NEED FOR EQUIPMENT AND/OR PERSONNEL IN EXCESS OF THEIR OWN RESOURCES. REQUESTS SHOULD SPECIFY WHAT RESOURCES ARE NEEDED AND THE ESTIMATED PERIOD OF TIME MUTUAL AID SHALL BE REQUIRED.

WHEN REQUESTING ASSISTANCE FROM OTHER AGENCIES/JURISDICTIONS, CONSIDERATION SHALL BE GIVEN TO, AND PREFERENCES MADE BASED UPON THE GEOGRAPHICAL PROXIMITY OF OTHER JURISDICTIONS WITH THAT OF THE JURISDICTION REQUIRING ASSISTANCE.

3. RESPONSE TO REQUEST:

THE RESPONDING AGENCY SHOULD MAKE EVERY EFFORT TO BRING WHATEVER EQUIPMENT NECESSARY TO COMPLETE THE WORK IN THE REQUESTING JURISDICTION.

IN ALL INSTANCES, THE RESPONDING AGENCY SHALL RENDER SUCH EQUIPMENT AND/OR PERSONNEL AS IT CAN PROVIDE CONSISTANT WITH ITS OWN SERVICE NEEDS AT THE TIME, TAKING INTO CONSIDERATION THE RESPONDING AGENCY’S EXISTING COMMITMENTS WITHIN ITS OWN SERVICE AREA. THE RESPONDING AGENCY SHALL BE THE SOLE JUDGE OF WHAT RESOURCES OR PERSONNEL IT HAS AVAILABLE TO FURNISH PURSUANT TO THIS AGREEMENT.

4. COMMAND:
THE RESPONSIBLE LOCAL OFFICIAL IN WHOSE JURISDICTION AN EMERGENCY OR DISASTER REQUIRING MUTUAL AID HAS OCCURRED SHALL REMAIN IN CHARGE AT SUCH INCIDENT INCLUDING THE DIRECTION OF ALL PERSONNEL AND EQUIPMENT PROVIDED THROUGH THE OPERATION OF THIS MUTUAL AID AGREEMENT.
5. COMPENSATION, INSURANCE, AND WORKERS COMPENSATION:

THE MUTUAL AID EXTENDED UNDER THIS AGREEMENT, AND ANY OPERATIONAL PLANS ADOPTED PURSUANT TO IT, SHALL BE WITHOUT REIMBURSEMENT FOR PERSONNEL OR SUPPLIES UNLESS OTHERWISE EXPRESSLY PROVIDED FOR BY THE PARTIES TO THIS AGREEMENT.

BOTH THE AGENCY REQUESTING ASSISTANCE, AND THE RESPONDING AGENCIES SHALL BE RESPONSIBLE FOR ALL COMPENSATION AND INSURANCE COVERAGE OF THEIR RESPECTIVE EMPLOYEES AND EQUIPMENT.

EACH PARTY SHALL BE RESPONSIBLE FOR INJURIES TO THEIR OWN PERSONNEL DURING THE COURSE OF RENDERING MUTUAL AID PURSUANT TO THIS AGREEMENT. EACH PARTY SHALL BE DEEMED THE PRIMARY EMPLOYER AND SHALL HAVE SOLE RESPONSIBILITY FOR THE PAYMENT OF WORKERS COMPENSATION BENEFITS TO THEIR RESPECTIVE EMPLOYEES.

IT IS EXPRESSLY UNDERSTOOD THAT THIS AGREEMENT AND OPERATIONAL PLANS PURSUANT TO IT SHALL NOT SUPPLANT EXISTING AGREEMENTS BETWEEN SOME OF THE PARTIES WHICH DO PROVIDE FOR THE EXCHANGE OR FURNISHING OF CERTAIN TYPES OF SERVICES ON A COMPENSATED BASIS.

6. LIABILITY:

EACH PARTY TO THIS AGREEMENT AGREES TO INDEMNIFY AND HOLD HARMLESS ALL OTHER PARTIES FROM ANY AND ALL CLAIMS, LIABILITIES, EXPENSES OR LAWSUITS AS A RESULT OF THE NEGLIGENT ACTO OR OMISSION OF ANY EMPLOYEE OR AGENT OF THE INDEMNIFYING PARTY.

7. PERSONNEL ACCOMMODATIONS:

WHEN WARRENTED BY GEOGRAPHICAL LOCATIONS OF THE PARTIES INVOLVED, THE PARTY RECEIVING AID SHALL TO THE BEST OF THEIR ABILITY PROVIDE ACCOMMODATIONS FOR FOOD AND LODGING TO PERSONNEL PROVIDING ASSISTANCE.

8. RETURN OF RESOURCES:

UPON COMPLETION OF THE WORK, ALL EQUIPMENT AND PERSONNEL USED UNDER THE TERMS OF THIS AGREEMENT SHALL BE RETURNED TO THE LENDING PARTY UPON BEING RELEASED BY THE REQUESTING PARTY OR ON DEMAND BEING MADE BY THE LENDING PARTY FOR THE RETURN OF SAID EQUIPMENT OR PERSONNEL.

9. AGREEMENT NOT EXCLUSIVE:

THIS AGREEMENT IS NOT INTENDED TO BE EXCLUSIVE BETWEEN THE PARTIES HERETO. ANY OF THE PARTIES HERETO MAY ENTER INTO SEPARATE MUTUAL AID AGREEMENTS WITH ANY OTHER PARTY OR PARTIES. ENTRY INTO SUCH SEPARATE AGREEMENT SHALL NOT, UNLESS SPECIFICALLY STATED THEREIN, AFFECT ANY RELATIONSHIP OR COVENANT HEREIN CONTAINED.

10. TERMINATION:

TERMINATION OF PARTICIPATION IN THIS AGREEMENT MAY BE EFFECTED BY ANY PARTY AS FOLLOWS:

WRITTEN NOTICE SHALL BE SERVED BY ANY PARTY HERETO UPON ALL OTHER PARTIES OF ITS INTENTION TO TERMINATE THIS AGREEMENT. SUCH NOTICE SHALL BE SERVED NO LESS THAN THIRTY (30) DAYS PRIOR TO THE TERMINATION DATE SET THEREIN, AND A COPY SHALL BE FORWARDED TO EACH PARTY SIGNATORY HERETO.

TERMINATION OF THE AGREEMENT BETWEEN THE PARTIES EFFECTED BY SUCH NOTIFICATION SHALL NOT EFFECT THE CONTINUATION OF THE AGREEMENT AS TO ANY PARTY HERETO NOT INDICATING INTENTION TO WITHDRAW AS PROVIDED HEREIN. TERMINATION OF THE RELATIONSHIP EFFECTED BY THIS AGREEMENT SHALL NOT PRECLUDE FUTURE AGREEMENTS FOR MUTUAL AID BETWEEN THE PARTIES TERMINATED.

THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DAY, MONTH AND YEAR SET FORTH HEREINAFTER AT EACH PARTIES SIGNATURE LINE.

Counties

1. Columbia County
   
2. Lafayette County
   
3. Miller County
   

Parishes

1. Bienville Parish
2. Bossier Parish
3. Caddo Parish
4. Claiborne Parish
5. DeSoto Parish
6. Red River Parish
7. Webster Parish

Counties

1. Bowie County
2. Cass County
3. Gregg County
4. Harrison County
5. Marion County
6. Panola County
7. Rains County
8. Red River County
9. Rusk County

Cities

1. Henderson, City of
2. Jefferson, City of
3. Longview, City of
4. Marshall, City of
5. New Boston, City of
6. Texarkana, City of

Other Members

1. Cherokee County Health Department
2. East Texas Council of Governments
3. NE Texas Public Health District
4. Texarkana-Bowie County Health