12015I
2
RESOLUTION NO. 12,015
3 A RESOLUTION TO SUPPORT ENTRY INTO AN AGREEMENT FOR
4 MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS
5 MATERIALS INCIDENT RESPONSE WITH THE NORTHEAST
6 SALINE COUNTY FIRE DEPARTMENT; AND FOR OTHER
7 PURPOSES.
8
9 WHEREAS, Arkansas Statute 12 -75 -119 authorizes mutual aid agreements
10 between political subdivisions in order to assure and assist with adequate resources in
11 the event of a disaster or significant emergency; and
12 WHEREAS, the proposed agreement attached as Exhibit A to this Resolution
13 accomplishes this purpose and will assist in the preservation of lives and property in
14 the event of a disaster emergency.
15 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
16 THE CITY OF LITTLE ROCK, ARKANSAS:
17 Section 1. Pursuant to the authority set forth in Ark. Code Ann. § 12 -75 -119
18 (Michie Supp. 2003), the City Manager and the Emergency Management Administrator,
19 is authorized to execute a mutual aid agreement in a form substantially the same as
20 Exhibit A to this Resolution in order to enhance public safety and to preserve life and
21 property in the event of a disaster emergency for the benefit of the City and its environs.
22 Section 2. Severability. In the event any title, section, paragraph, item,
23 sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid
24 or unconstitutional, such declaration or adjudication shall not affect the remaining
25 portions of the resolution which shall remain in full force and effect as if the portion so
[PAGE 1 OF 101
Resolution
To authorize Agreement for Mutual Aid with
The Northeast Saline County Fire Department
1
2
3
4
5
6
7
8
9
10
11
declared or adjudged invalid or unconstitutional was not originally a part of the
resolution.
Section 3. Repealer. All ordinances and resolutions are hereby repealed to the
extent of such inconsistency.
ADOPTED: June 7, 2005
ATTEST:
Nan Wood City Clerk
12 APPROVED AS TO FORM:
13
14
15 Thomas M. Carpenter, City Wttorney
16 //
17 //
18
19
20
21
22
23
24 //
25
26
27 //
[PAGE 2 OF 10]
Resolution
To authorize Agreement for Mutual Aid with
The Northeast Saline County Fire Department
APPROVED:
Jim Oiley, Mayor
I AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION
2 AND HAZARDOUS MATERIALS INCIDENT RESPONSE
3
4 THIS AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION AND
5 HAZARDOUS MATERIALS INCIDENT RESPONSE is entered into this day of
6 , 2005, between THE CITY OF LITTLE ROCK, ARKANSAS (the
7 "City "), acting for and on behalf of the Little Rock Fire Department, and THE
8 NORTHEAST SALINE COUNTY FIRE DEPARTMENT.
9 WHEREAS, the Little Rock Fire Department and the Northeast Saline County
10 Fire Department are located in proximity to each other; and
11 WHEREAS, the undersigned parties to this Agreement are desirous of obtaining
12 coordinated protection of life and property from fire, hazardous materials incidents,
13 and firefighting during emergencies, whether developed or threatened, by making the
14 most efficient use possible of equipment and personnel; and
15 WHEREAS, authority is granted for the provision of mutual aid pursuant to the
16 Arkansas Emergency Services Act, Ark. Code Ann. § 12 -75 -101 et. seq. (Michie Repl.
17 1995) and as otherwise provided by law; and
18 WHEREAS, it is desirable that the parties hereto provide firefighting and
19 hazardous materials incident response when emergencies occur; and
20 WHEREAS, it is desirable that a mutual aid agreement be executed for the
21 interchange of such mutual aid by and between the parties hereto; and
22 WHEREAS, the City of Little Rock has passed a resolution approving the terms
23 of this Agreement and authorizing the City Manager, the Fire Chief of the Little Rock
24 Fire Department and the City of Little Rock Office of Emergency Management
25 Administrator to sign this Agreement; and
[PAGE 3 OF 101
Resolution
To authorize Agreement for Mutual Aid with
The Northeast Saline County Fire Department
I WHEREAS, the Chairman of the Board of Commissioners and the Fire Chief of
2 the Northeast Saline County Fire Department have approved the terms of this
3 Agreement;
4 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
5 COVENANTS, AND UNDERTAKINGS SET FORTH HEREIN, THE PARTIES
6 AGREE AS FOLLOWS:
7 1. MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS
8 MATERIALS INCIDENT RESPONSE
9 This Agreement for Mutual Aid in Fire Protection and Hazardous Materials
10 Incident Response ( "Agreement ") is executed pursuant to the Arkansas Emergency
11 Services Act, codified at Ark. Code Ann. § 12 -75 -101 et. seq. (Michie Repl. 1995).
12 2. DEFINITIONS.
13 (a) Emergency: As used herein, "emergency" shall mean an actual or potential
14 condition within the jurisdiction of a party to this Agreement that poses an immediate
15 threat to life or property and that exceeds the resources and capability of that party to
16 successfully bring the condition under control.
17 (b) Firefighting: As used herein, "firefighting" shall mean any condition
18 within the Requesting Organization's jurisdiction for which the Requesting
19 Organization's personnel and equipment are dispatched. The phrase "fire protection"
20 shall have the same definition as "firefighting."
21 (c) Requesting Organization: As used herein, the phrase 'Requesting
22 Organization" shall mean a fire department from one of the parties to this Agreement
23 that requests the help or assistance of a fire department of the other party.
24 (d) Responding Organization: As used herein, the phrase 'Responding
25 Organization" shall mean a fire department of a party to this Agreement that is asked to
26 help or assist a fire department of the other party.
[PAGE 4 OF 101
Resolution
To authorize Agreement for Mutual Aid with
The Northeast Saline County Fire Department
1 3. AUTHORIZATION FOR MUTUAL ASSISTANCE.
2 The parties agree that mutual aid in fire protection and hazardous materials
3 incident response may be provided between the parties upon proper request by a
4 Requesting Organization during those times of emergency when mutual aid would best
5 serve the interests of each public agency and its residents.
6 4. AUTHORITY TO REQUEST AID OR RESPOND TO A REQUEST FOR
7 AID.
8 (a) Each party authorizes the chief of its fire department or the chief's
9 designee to request assistance in firefighting or hazardous materials incident response
10 from the fire department of the other party to this Agreement during an emergency
11 within the jurisdiction of the Requesting Organization. For each Responding
12 Organization, the judgment of its chief or its chief's designee shall be final as to the kind
13 and amount of personnel, equipment and services available and the extent of assistance
14 to be furnished.
15 (b) Any dispatch of equipment and personnel pursuant to this Agreement is
16 subject to the following conditions:
17 (1) Any request for aid hereunder shall include a statement of the
18 amount and type of equipment and personnel requested and shall
19 specify the location to which the equipment and personnel are to be
20 dispatched, but the amount and type of equipment and the number
21 of personnel to be furnished shall be determined by the
22 Responding Organization's chief or the chief's designee.
23 (2) (A) The Responding Organization shall be released by the
24 Requesting Organization when the services of the Responding
25 Organization are no longer required. For purposes of this
26 Agreement, the services of the Responding Organization shall be
[PAGE 5 OF 10]
Resolution
To authorize Agreement for Mutual Aid with
The Northeast Saline County Fire Department
I deemed to be no longer required when conditions are brought
2 under control to the extent that the conditions no longer pose an
3 immediate threat to life or property. The judgment of the
4 Responding Organization's commanding officer shall be final as to
5 when there is no longer an immediate threat to life or property.
6 (B) The Responding Organization shall be released at any
7 time that the Responding Organization is needed, in the judgment
8 of its chief or the chief's designee, within the area for which it
9 normally provides fire protection.
10 (c) All requests for aid by the Northeast Saline County Fire Department shall
11 be made by contacting the Pulaski County Sheriff's Department's Dispatch Center to
12 forward the request for aid to the Little Rock Fire Department's Communications
13 Center. The Little Rock Fire Department will only respond to requests for aid that are
14 forward to its Communications Center from the Pulaski County Sheriff's Department's
15 Dispatch Center. All requests for aid by the Little Rock Fire Department shall be made
16 by the Little Fire Department's Communications Center to the Pulaski County Sheriff's
17 Department's Dispatch Center. The Northeast Saline County Fire Department will only
18 respond to requests for aid that are forwarded to the Pulaski County Sheriff's
19 Department's Dispatch Center from the Little Rock Fire Department's Communications
20 Center.
21 5. COMMAND AND DIRECTION.
22 (a) Dispatched personnel from the Responding Organization shall report to
23 the officer in charge of the Requesting Organization at the location to which the
24 equipment and personnel are dispatched. Such personnel shall be subject to the general
25 orders of the incident commander in charge, but shall remain under the direct
26 supervision of the ranking officer of the Responding Organization. The parties agree
[PAGE 6 OF 10]
Resolution
To authorize Agreement for Mutual Aid with
The Northeast Saline County Fire Department
I that while the commanding officer of the Requesting Organization retains command
2 and control over the operations to handle the emergency, the designated commanding
3 officer of the Responding Organization shall supervise, control and deploy the
4 Responding Organization's employees made available to the Requesting Organization.
5 At any time that the Little Rock Fire Department is the Responding Organization
6 pursuant to the terms of this agreement, the commanding officer for purposes of this
7 subparagraph shall have the minimum rank of Battalion Chief. The Battalion Chief
8 shall be responsible for all communications with the Requesting Organization's
9 commanding officer.
10 (b) Both parties recognize, understand and agree that, for all purposes, the
11 employees of the Responding Organization shall remain employees of that Responding
12 Organization during any and all activities undertaken pursuant to this Agreement.
13 (c) In any emergency where assistance is provided pursuant to this
14 Agreement, radio communications shall be established, where possible, through the use
15 of the local public mutual aid radio system.
16 6. COMPENSATION.
17 (a) When responding to an emergency as outlined in this Agreement, the
18 Responding Organization agrees to be responsible for payment of any wages, pension
19 and workers' compensation benefits payable to the Responding Organization's own
20 personnel. All individuals shall retain all pension and disability rights while performing
21 duties in accordance with this Agreement.
22 (b) During any time that the Responding Organization is responding to an
23 emergency as outlined in this Agreement, the Requesting Organization shall be
24 responsible for payment of any wages, pension and workers' compensation benefits
25 payable to the Requesting Organization's own personnel.
[PAGE 7 OF 10]
Resolution
To authorize Agreement for Mutual Aid with
The Northeast Saline County Fire Department
I (c) Under no circumstances shall either organization be responsible for
2 workers' compensation benefits of an employee, or personnel, of the other organization.
3 (d) When responding to an emergency as outlined in this Agreement, the
4 Responding Organization will compensate its employees during the time they are
5 rendering aid and shall defray the actual travel and maintenance expenses, if any, of
6 such employees.
7 (e) Nothing in this Agreement shall in any way be construed to impose an
8 obligation upon the Northeast Saline County Fire Department to compensate any
9 employee or other personnel who would not otherwise be entitled to payment of
10 wages, benefits or expenses.
11 (f) When responding to an emergency as outlined in this Agreement, the
12 Responding Organization that furnished equipment shall bear the loss or damage to
13 such equipment and shall pay the expenses incurred in the operation and maintenance
14 thereof.
15 (g) In the event that the Requesting Organization applies for state or federal
16 disaster reimbursement funds, funds payable to it pursuant to any policy of insurance,
17 or funds from any other source, in connection with an emergency for which the
18 Responding Organization has furnished personnel, equipment or services, the
19 Requesting Organization shall include in such request for reimbursement the wages,
20 expenses and costs incurred by the Responding Organization as a result of providing
21 mutual aid pursuant to the terms of this Agreement.
22 7. LIABILITY.
23
(a)
The parties agree that no party shall hold
a Responding Organization
24
liable for a
failure to effectively combat or handle any
fire or hazardous materials
25 incident response in the territory of the Requesting Organization.
[PAGE 8 OF 10]
Resolution
To authorize Agreement for Mutual Aid with
The Northeast Saline County Fire Department
I (b) This Agreement shall not be construed as or deemed to be an agreement
2 for the benefit of any third party or parties, and no third party or parties shall have any
3 right of action hereunder for any cause of action whatsoever.
4 8. EFFECTIVE DATE OF AGREEMENT.
5 This Agreement shall become effective when approved by the City Manager of
6 the City of Little Rock, the Administrator of the Office of Emergency Management for
7 the City of Little Rock, the Fire Chief of the Little Rock Fire Department, the Chairman
8 of the Board of Commissioners of the Northeast Saline County Fire Department and the
9 Fire Chief of the Northeast Saline County Fire Department.
10 9. TERMINATION OF AGREEMENT.
11 This Agreement, including any subsequent modifications, shall remain in full
12 force and effect until such time that a party, through its elected board or quorum court,
13 passes a resolution terminating this Agreement and provided that thirty (30) days prior
14 written notice of termination, addressed to the designated fire department official, is
15 provided to the other party.
16 10. GOVERNING LAW.
17 This Agreement shall be governed by the laws of the state of Arkansas.
18 11. AUTHORITY TO EXECUTE.
19 The officials who executed this Agreement hereby represent and warrant that
20 they have full and complete authority to execute this Agreement, and that by their
21 signatures below, the terms and provisions hereof, constitute valid and enforceable
22 obligations of each.
23 12. ENTIRE AGREEMENT; MODIFICATION.
24 This Agreement contains the entire agreement of the parties with respect to the
25 subject matter hereof. All prior or contemporaneous agreements, understandings, and
26 statements, oral or written, are merged into this Agreement. Neither this Agreement
[PAGE 9 OF 10]
Resolution
To authorize Agreement for Mutual Aid with
The Northeast Saline County Fire Department
I nor any of its provisions may be waived, modified, amended, or discharged except by
2 an instrument in writing signed by the parties and then only to the extent set forth in
3 such instrument.
4 13. SEVERABILITY.
5 In the event that any provision of this Agreement or part thereof shall be
6 adjudged invalid or unenforceable by any court of competent jurisdiction, then such
7 provision or part only shall be deemed invalid and all remaining terms and provisions
8 of the Agreement shall be carried out and performed by the parties with the same force
9 and effect as if the invalid provision or part had never been a part of this Agreement.
10 14. CONTRACT EXECUTION.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
This Agreement shall be executed in the original and any number of executed
copies. Any copy of this Agreement so executed shall be deemed an original and shall
be deemed authentic for any other use.
IN WITNESS WHEREOF, this Agreement is hereby executed and approved and
is effective and operative as herein provided.
Bruce Moore
City Manager
City of Little Rock
Tony Minick
Chairman of the Board of Commissioners
Northeast Saline County Fire Department
Matt Burks Bob Franklin
Acting Emergency Management Fire Chief
Administrator Northeast Saline County Fire Department
City of Little Rock
Rhoda Mae Kerr
Fire Chief
Little Rock Fire Department
Resolution
To authorize Agreement for Mutual Aid with
The Northeast Saline County Fire Department
[PAGE 10 OF 10]