Authorize a Mutual Aid Agreement for the Provision of Emergency Assistance to Other Local Governments by the County Highway Department

WHEREAS, the legislative body of _______________ County, Tennessee, recognizes that many emergencies, whether arising from natural disaster, technological hazard, man-made disaster, or other source, transcend political jurisdictional boundaries and that intergovernmental coordination of resources is often the best means to address the disaster; and,

WHEREAS, few, if any, individual local governments have all the resources they may need in all types of emergencies or the capability of delivering the resources to areas where emergencies exist; and,

WHEREAS, the equipment and personnel of county highway and public works departments are often of vital importance in times of disaster for clearing routes for other emergency assistance vehicles and personnel and for restoring safe means of transportation for residents of affected areas; and,

WHEREAS, the General Assembly has provided authority for cooperation between local governments in times of emergency through the Interlocal Cooperation Act, codified in Tennessee Code Annotated, Title 12, Chapter 9, and the Local Government Emergency Assistance Act of 1987, codified in Tennessee Code Annotated, Title 58, Chapter 2, Part 6;

NOW, THEREFORE BE IT RESOLVED, by the county legislative body of ________ County, Tennessee, meeting in regular session at ____________, Tennessee, that:

SECTION 1. The chief administrative officer of the highway department of ___________ County is hereby authorized to enter into the attached mutual aid agreement with highway or public works departments of other local governments.

SECTION 2. Notwithstanding the limitations of Tennessee Code Annotated, Section 54-7-202, by this resolution the legislative body of ________ County authorizes the chief administrative officer of the highway department of _________ County to make use of the equipment, supplies, and personnel of the department outside the jurisdiction of the county and in the jurisdiction of another local government requesting emergency assistance pursuant to and subject to the terms of a mutual aid agreement entered into pursuant to the authorization found in Tennessee Code Annotated, Title 58, Chapter 2, Part 6.

SECTION 3. Pursuant to Tennessee Code Annotated, Section 58-2-604(b)(3), the County Executive of ___________ County designates, and the legislative body of ____________ County confirms, that the chief administrative officer of the highway department is recognized as an authorized officer for requesting, or receiving requests, for emergency assistance relating to highways and public works from appropriately designated officials of other local governments.



SECTION 4. For the purpose of approving or rejecting the provisions of this Resolution, it shall be effective upon being approved by a majority vote of the county legislative body of _________ County, Tennessee.


Adopted this day of , 20 .


APPROVED:




County Executive


ATTEST:




County Clerk

 

WHEREAS, the General Assembly has provided authority for cooperation between local governments in times of emergency through the Interlocal Cooperation Act, codified in Tennessee Code Annotated, Title 12, Chapter 9, and the Local Government Emergency Assistance Act of 1987, codified in Tennessee Code Annotated, Title 58, Chapter 2, Part 6; and,

WHEREAS, the parties hereto by this agreement avail themselves of the authority conferred by these acts; and,

WHEREAS, it is the intention of the parties hereto to provide each of the parties by mutual assistance commitments with a predetermined plan by which each might render aid to the other in case of emergency which demands the services of a highway or public works department to a degree beyond the existing capabilities of either party; and,

WHEREAS, it is deemed in the public interest for the parties hereto to enter into this agreement for mutual assistance between highway and public works departments of various local governments to assure each party of adequate services from these agencies in times of emergency;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

SECTION 1. The parties will respond to calls for assistance from public works or highway departments only upon request for such assistance made by the chief administrative officer, or his or her designee, of the department. All requests for assistance shall be directed to the undersigned chief administrative officers for the departments from which aid is requested, or their designees.

SECTION 2. Each party’s response to such call for assistance will be determined by the chief administrative officer of the department, or his or her designee, and measured by the severity of the emergency in the requesting party’s jurisdiction.

SECTION 3. Pursuant to Tennessee Code Annotated, Section 58-2-604, this contract does not create a duty on the part of any local government to respond to a request from another local government for emergency assistance. Therefore, the chief administrative officer, or designee, of any department receiving a request for assistance may determine that the department cannot respond to requests for assistance due to existing or anticipated needs in the department’s own jurisdiction. In such event, the chief administrative officer shall inform the requesting party of the decision not to render emergency assistance.



SECTION 4. In the event that two or more requests for mutual assistance are directed to the responding department at the same time, thereby making compliance with the requests impossible for the responding party, the chief administrative officer, or his or her designee, shall determine, based upon a reasonable appraisal of the respective emergencies of the requesting jurisdictions, how best to respond and in what manner to respond to the requests. The officer shall inform the requesting parties of his or her determination of the department’s ability to render assistance to one or both of the requesting parties.

SECTION 5. Notwithstanding the limitations of Tennessee Code Annotated, Section 54-7-202, this agreement shall authorize the operation and use of the equipment, supplies, and personnel of a county highway or public works department outside the jurisdiction of the department and in the jurisdiction of an undersigned requesting department pursuant to the authorization found in Tennessee Code Annotated, Section 58-2-603. Furthermore, pursuant to Tennessee Code Annotated, Section 58-2-605, when personnel are sent from one jurisdiction in response to a request for assistance pursuant to this agreement, the same jurisdiction, authority, rights, privileges, and immunities which those personnel exercise in their own jurisdiction shall be extended to any geographic area in the requesting jurisdiction necessary as a result of the emergency.

SECTION 6. Pursuant to Tennessee Code Annotated, Section 58-2-607, the requesting party shall not be liable for damages to the equipment or personnel of the responding party in responding to a request for emergency assistance. Furthermore, neither the requesting party nor its employees shall be liable for any damages caused by the negligence of the personnel of the responding party while en route to or returning from the scene of the emergency.

SECTION 7. Pursuant to Tennessee Code Annotated, Section 58-2-608, neither the responding party nor its employees shall be liable for any property damage or bodily injury at the actual scene of any emergency due to actions which are performed in responding to a request for emergency assistance.

SECTION 8. In order to most efficiently manage the provision of emergency services, the chief administrative officer of the requesting department, or his or her designee, shall have control and discretion over the use of supplies, equipment, and personnel provided by responding agencies that are operating in his or her jurisdiction subject to alternative provisions in local, state, or federal civil defense programs and strategies implemented pursuant to state or federal law.

SECTION 9. Under the terms of this agreement, no compensation shall be required of a party requesting aid in exchange for emergency assistance rendered. However, the requesting party may, at its own discretion, repay all or a portion of the cost of emergency assistance it received through warrants drawn upon the appropriate account of the local government or through the provision of in-kind services to the responding department or departments.

SECTION 10. At all times employees of a responding agency shall be considered to be employees of the responding agency and to be acting within the course and scope of their employment for purposes under the Governmental Tort Liability Act or Worker’s Compensation Law of the State of Tennessee.

SECTION 11. The party having financial responsibility for the personnel of a department providing emergency assistance pursuant to this agreement shall compensate all of its employees rendering aid for the time spent rendering aid pursuant to this agreement and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid, if such amounts would be due if the aforesaid personal injury or death had occurred within the normal jurisdiction of that party. Such compensation shall also include all benefits normally due such employees.

SECTION 12. This agreement may be canceled at the discretion of the Chief Administrative Officer of any of the departments which are a party to this agreement upon sixty (60) days written notice to all other parties.

SECTION 13. This agreement shall take effect upon execution by the authorized representative of each party after approval of the governing body of each party, and shall remain in full force and effect until canceled as provided herein.

IN WITNESS WHEREOF, we, the undersigned, sign this agreement, this, the ______ day of ______________, 20___.

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