§ 160A-318. Mutual aid contracts.
§ 160A‑318. Mutualaid contracts.
(a) Any two or more cities, counties, water and sewerauthorities, metropolitan sewage districts, sanitary districts, or privateutility companies or combination thereof may enter into contracts with eachother to provide mutual aid and assistance in restoring electric, water, sewer,or gas services in the event of natural disasters or other emergencies undersuch terms and conditions as may be agreed upon. Mutual aid contracts mayinclude provisions for furnishing personnel, equipment, apparatus, supplies andmaterials; for reimbursement or indemnification of the aiding party for loss ordamage incurred by giving aid; for delegating authority to a designatedofficial or employee to send aid upon request; and any other provisions notinconsistent with law.
(b) Officials and employees furnished by one party in aid ofanother party pursuant to a mutual aid contract entered into under authority ofthis section shall be conclusively deemed for all purposes to remain officialsand employees of the aiding party. While providing aid to another and whiletraveling to and from another city or county pursuant to giving aid, they shallretain all rights, privileges, and immunities, including coverage under theNorth Carolina Workers' Compensation Act, as they enjoy while performing theirnormal duties.
(c) Notwithstanding any other provisions of law to the contrary,any party to a mutual aid contract entered into under authority of thissection, may sell or otherwise convey or deliver to another party to thecontract personal property to be used in restoring utility services pursuant tothe contract, without following procedures for the sale or disposition ofproperty prescribed by any general law, local act, or city charter.
(d) Nothing in this section shall be construed to deprive anyparty to a mutual aid contract of its discretion to send or decline to send itspersonnel, equipment, and apparatus in aid of another party to the contractunder any circumstances, whether or not obligated by the contract to do so. Inno case shall a party to a mutual aid contract or any of its officials oremployees be held to answer in any civil or criminal action for declining tosend personnel, equipment, or apparatus to another party to the contract,whether or not obligated by contract to do so. (1967, c. 450; 1971, c. 698, s. 1; 1991, c. 636, s.3.)