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SECTION 1. CONGRESSIONAL CONSENT.
The Congress consents to the Mutual Aid Agreement
entered into between the city of Bristol, Virginia, and the
city of Bristol, Tennessee. The agreement reads as follows:
‘‘THIS MUTUAL AID AGREEMENT, made and
entered into by and between the CITY OF BRISTOL
VIRGINIA, a municipality incorporated under the laws of
the Commonwealth of Virginia (hereinafter ‘Bristol Vir-
ginia’); and the CITY OF BRISTOL TENNESSEE, a
municipality incorporated under the laws of the State of
Tennessee (hereinafter ‘Bristol Tennessee’).
‘‘WITNESSETH:
‘‘WHEREAS, Section 15.1–131 of the Code of Vir-
ginia and Sections 6–54–307 and 12–9–101 et seq. of the
Tennessee Code Annotated authorize Bristol Virginia and
Bristol Tennessee to enter into an agreement providing
for mutual law enforcement assistance;
‘‘WHEREAS, the two cities desire to avail themselves
of the authority conferred by these respective laws;
‘‘WHEREAS, it is the intention of the two cities to
enter into mutual assistance commitments with a pre-de-
termined plan by which each city might render aid to the
other in case of need, or in case of an emergency which
demands law enforcement services to a degree beyond the
existing capabilities of either city; and,
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‘‘WHEREAS, it is in the public interest of each city
to enter into an agreement for mutual assistance in law
enforcement to assure adequate protection for each city.
‘‘NOW, THEREFORE, for and in consideration of
the mutual promises and the benefits to be derived there-
from, the City of Bristol Virginia and the City of Bristol
Tennessee agree as follows:
‘‘1. Each city will respond to calls for law en-
forcement assistance by the other city only upon re-
quest for such assistance made by the senior law en-
forcement officer on duty for the requesting city, or
his designee, in accordance with the terms of this
Agreement. All requests for law enforcement assist-
ance shall be directed to the senior law enforcement
officer on duty for the city from which aid is re-
quested.
‘‘2. Upon request for law enforcement assist-
ance as provided in Paragraph 1, the senior law en-
forcement officer on duty in the responding city will
authorize a response as follows:
‘‘a. The responding city will attempt to
provide at least the following personnel and
equipment in response to the request:
‘‘(1) A minimum response of one vehi-
cle and one person.
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‘‘(2) A maximum response of fifty
percent (50%) of available personnel and
resources.
‘‘b. The response will be determined by the
severity of the circumstances in the requesting
city which prompted such request as determined
by the senior law enforcement officer on duty in
the responding city after discussion with the
senior law enforcement officer on duty in the
requesting city. Any decision reached by such
senior officer of the responding city as to such
response shall be final.
‘‘c. If an emergency exists in the respond-
ing city at the time the request is made, or if
such an emergency occurs during the course of
responding to a request under this Agreement,
and if the senior law enforcement officer on
duty in the responding city reasonably deter-
mines, after a consideration of the severity of
the emergency in his jurisdiction, that the re-
sponding city cannot comply with the minimal
requirements under this Agreement without en-
dangering life or incurring significant property
damage in his city, or both, he may choose to
use all equipment and personnel in his own ju-
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risdiction. In such event, such officer of the re-
sponding city shall immediately attempt to in-
form the senior law enforcement officer on duty
in the requesting city of his decision.
‘‘3. The city which requests mutual aid under
this Agreement shall not be deemed liable or respon-
sible for the equipment and other personal property
of personnel of the responding city which might be
lost, stolen or damaged during the course of re-
sponding under the terms of this Agreement.
‘‘4. The city responding to a request for mutual
aid under this Agreement assumes all liabilities and
responsibility as between the two cities for damage
to its own equipment and other personal property.
The responding city also assumes all liability and re-
sponsibility, as between the two cities, for any dam-
age caused by its own equipment and/or the neg-
ligence of its personnel occurring outside the juris-
diction of the requesting city while en route thereto
pursuant to a request for assistance under this
Agreement, or while returning therefrom.
‘‘5. The city responding under this Agreement
assumes no responsibility or liability for damage to
property or injury to any person that may occur due
to actions taken in responding under this Agree-
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ment; all such liability and responsibility shall rest
solely with the city requesting such aid and within
which boundaries the property exists or the incident
occurs, and the requesting party hereby assumes all
of such liability and responsibility.
‘‘6. Each city hereby waives any and all claims
against the other city which may arise out of their
activities in the other city’s jurisdiction under this
Agreement. To the extent permitted by law, the city
requesting assistance under this Agreement shall in-
demnify and hold harmless the responding city (and
its officers, agents and employees) from any and all
claims by third parties for property damage or per-
sonal injury which may arise out of the activities of
the responding city within the jurisdiction of the re-
questing city under this Agreement.
‘‘7. The city responding to a request for assist-
ance under this Agreement assumes no responsibility
or liability for damage to property or injury to any
person that may occur within the jurisdiction of the
requesting city due to actions taken in responding
under this Agreement. In accordance with Section
15.1–131 of the Code of Virginia and Section 29–
20–107(f) of the Tennessee Code Annotated, all per-
sonnel of the responding city shall, during such time
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as they providing assistance in the requesting city
under this Agreement, be deemed to be employees of
the requesting city for tort liability purposes.
‘‘8. No compensation will be due or paid by ei-
ther city for mutual aid law enforcement assistance
rendered under this Agreement.
‘‘9. Except as provided in Paragraph 7 of this
Agreement, neither city will make any claim for
compensation against the other city for any loss,
damage or personal injury which may occur as a re-
sult of law enforcement assistance rendered under
this Agreement, and all such rights or claims are
hereby expressly waived.
‘‘10. When law enforcement assistance is ren-
dered under this Agreement, the senior law enforce-
ment officer on duty in the requesting city shall in
all instances be in command as to strategy, tactics
and overall direction of the operations. All orders or
directions regarding the operations of the responding
party shall be relayed to the senior law enforcement
officer in command of the responding city.
‘‘11. Either city may terminate this Agreement
upon sixty (60) days’ written notice to the other
city.
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‘‘12. This Agreement shall take effect upon its
execution by the Mayor and Chief of Police for each
city after approval of the City Council of each city,
and upon its approval by the Congress of the United
States as provided in Section 15.1–131 of the Code
of Virginia. Each city will promptly submit this
Agreement to its respective Congressman and Sen-
ators for submission to the Congress.’’.
SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.
The right to alter, amend, or repeal this joint resolu-
tion is hereby expressly reserved by the Congress. The con-
sent granted by this joint resolution shall not be construed
as impairing or in any manner affecting any right or juris-
diction of the United States in and over the region which
forms the subject of the agreement.
SEC. 3. CONSTRUCTION AND SEVERABILITY.
It is intended that the provisions of this agreement
shall be reasonably and liberally construed to effectuate
the purposes thereof. If any part or application of this
agreement, or legislation enabling the agreement, is held
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invalid, the remainder of the agreement or its application
to other situations or persons shall not be affected.
Passed the House of Representatives July 29, 1996.
Attest:
Clerk.