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15419 1 RESOLUTION NO. 15,419 2 3 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER 4 INTO AN AGREEMENT WITH THE SECRETARY OF THE AIR FORCE 5 FOR MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS 6 MATERIALS INCIDENT RESPONSE; AND FOR OTHER PURPOSES. 7 8 WHEREAS, the Little Rock Air Force Base Fire Department and the Little Rock Fire Department 9 each have capabilities in Firefighting Aid and Hazardous Materials Incident Response that would be useful 10 to support the other in times of need; and, 11 WHEREAS, the City Board of Directors desires to enhance public safety for the citizens of Little 12 Rock by securing additional firefighting equipment,hazardous materials response and qualified personnel 13 during emergencies and is willing to provide such assistance to the Little Rock Air Force Base personnel 14 in similar circumstances; and, 15 WHEREAS,officials of the Little Rock Air Force Base have also indicated their desire to participate 16 in the provision of coordinated Mutual Aid with the City in the protection of life and property from fire and 17 hazardous materials during emergencies on certain designated property. 18 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 19 OF LITTLE ROCK,ARKANSAS: 20 Section 1.The City Manager is hereby authorized to enter into an agreement with the Secretary of the 21 Air Force for mutual Firefighting Aid and Hazardous Materials Incident Response involving the Little Rock 22 Fire Department and the Little Rock Air Force Base Fire Department, as attached in Exhibit A to this 23 resolution. 24 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 25 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 26 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 27 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 28 resolution. 29 Section 3. Repealer.All laws, ordinances,resolutions,or parts of the same,that are inconsistent with 30 the provisions of this resolution,are hereby repealed to the extent of such inconsistency. 31 ADOPTED: 16,2021 32 A I f,.1i : APPROVED: 33 -1 34 Autism _ 35 o L'ngley,City '•rk rank Scott,Jr.,M [Page 1 of 81 1 APPROVED AS TO LEGAL FORM: 21. 3 /1,64/4./i-4 . 4 Thomas M. Carpenter, i Attor Y 5 // 6 // 7 // 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // [Page 2 of 81 1 Exhibit A 2 3 AGREEMENT FOR MUTUAL AID IN FIRE EMERGENCY SERVICES 4 5 This Mutual Aid Agreement(the "Agreement"), is made and entered into this day of 6 20 ,between the Secretary of the Air Force(the "Air Force")acting by and through the Commander, 7 Little Rock Air Force Base,Arkansas pursuant to the authority of 42 U.S.C. § 1856a and the City of Little 8 Rock,Arkansas,Little Rock Fire Department("LRFD"),pursuant to the authority of Ark.Code.Ann. §25- 9 20-101 et seq. Together the Air Force and the LRFD are hereinafter referred to as the "Parties". 10 WITNESSETH: 11 WHEREAS,each of the Parties hereto maintains equipment and personnel for the suppression of fires 12 and the management of other emergency incidents occurring within areas under their respective 13 jurisdictions;and, 14 WHEREAS,as set forth in 42 U.S.C. § 1856 the term 'fire protection' includes personal services and 15 equipment required for fire prevention, the protection of life and property from fire, firefighting, and 16 emergency services, including basic medical support,basic and advanced life support, hazardous material 17 containment and confinement,and special rescue events involving vehicular and water mishaps,and trench, 18 building,and confined space extractions; and, 19 WHEREAS, the Parties hereto desire to augment the fire protection capabilities available in their 20 respective jurisdictions by entering into this Agreement. 21 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, 22 OBLIGATIONS AND AGREEMENTS HEREIN ESTABLISHED, THE PARTIES HEREBY 23 AGREE AS FOLLOWS: 24 a. The authority to enter into this Agreement is set forth in 42 U.S.C. § 1856a, and Title 15 25 United States Code Section 2210, the regulations implementing same at Title 44 Code of Federal 26 Regulations Part 151 Emergency Management and Assistance and AFI 32-2001, Fire and 27 Emergency Services Program. 28 b.This Agreement will serve as the agreement between the Parties for securing to each mutual 29 aid in Fire Protection Services as defined above. 30 c. On request to a representative of the Little Rock Air Force Base Fire Department 31 (LRAFBFD) by a representative of LRFD, fire protection equipment and personnel of the 32 LRAFBFD will be dispatched to any point within the area for which LRFD normally provides Fire 33 Protection Services as designated by the representatives of LRFD. [Page 3 of 81 1 d. On request to a representative of LRFD by a representative of LRAFBFD, fire protection 2 equipment and personnel of LRFD will be dispatched to any point within the jurisdiction of the 3 Little Rock Air Force Base as designated by the representative of LRAFBFD. 4 e.Any dispatch of equipment and personnel by the Parties pursuant to this Agreement is subject 5 to the following conditions: 6 1) Any request for aid hereunder will include a statement of the amount and type of equipment 7 and personnel requested and will specify the location to which the equipment and personnel 8 are to be dispatched, but the amount and type of equipment and the number of personnel 9 to be furnished will be determined by the responding organization. The requesting 10 organization will ensure access to site for the responding organization. 11 2) The responding organization will report to the Officer in charge of the requesting 12 organization at the location to which the equipment is dispatched, and will be subject to 13 the orders of that official. 14 3) The responding organization will be released by the requesting organization when the 15 services of the responding organization are no longer required or when the responding 16 organization is needed within the area for which it normally provides fire protection. 17 4) HAZMAT Incident Response will include the response to,and control and containment of 18 any release or suspected release of any material suspected to be or known to be hazardous. 19 Where the properties of a released material are not known, it will be considered hazardous 20 until proven otherwise by the requesting organization using all technical resources 21 available. Clean-up and removal of contained HAZMAT will be the responsibility of the 22 requesting organization. 23 5) In the event of a crash of an aircraft owned or operated by the United States or military 24 aircraft of any foreign nation within the area for which LRFD normally provides Fire 25 Protection Services, the Chief of LRAFBFD, or her or his or her representative, may 26 assume full command on arrival at the scene of the crash. 27 6) Where local agencies do not assign an incident safety officer, an Air Force representative 28 will be assigned to act as the Incident Safety Officer for Little Rock Air Force Base to 29 observe Air Force operations. 30 f. Each Party hereby agrees that its intent with respect to the rendering of assistance to the other Party 31 under this Agreement is not to seek reimbursement from the Party requesting such assistance. 32 Notwithstanding the above,the Parties hereby recognize that pursuant to the Section 11 of the Federal Fire 33 Prevention and Control Act of 1974 (15 U.S.C. § 2210) and Federal Regulations issued there under (44 34 Code of Federal Regulations Part 151), LRFD is permitted to seek reimbursement for all or any part of its 35 direct expenses and losses(defined as additional firefighting costs over normal operational costs)incurred Wage 4 of 81 1 in fighting fires on property under the jurisdiction of the United States. Furthermore, under the authority of 2 42 U.S.C. § 1856a,and pursuant to any applicable State or Local IAW each Party hereby reserves the right 3 to seek reimbursement from the other for all or any part of the costs(defined as additional firefighting costs 4 over normal operational costs) incurred by it in providing fire protection services to the other Party in 5 response to a request for assistance. Furthermore,LRFD agrees to indemnify and hold harmless the United 6 States from any liability that may arise from the use of fire-fighting foams,chemicals,or other materials by 7 the Air Force in providing Fire Protection Services to LRFD, which agreement to indemnify and hold 8 harmless includes, but is not limited to, such uses that may result in hazardous substance exposure or 9 pollution of or contamination to air, land,water,person or property or such uses that may result in response 10 actions under CERCLA, RCRA, or any other Federal, State or Local Laws. Notwithstanding any other 11 provision of this Agreement,termination of this Agreement shall in no way affect LRFD's obligation under 12 this paragraph to indemnify and hold harmless the United States from any liability that may arise from the 13 use of fire-fighting foams, chemicals, or other materials by the Air Force in providing Fire Protection 14 Services to LRFD,which obligation shall survive such termination. 15 g. Both Parties agree to implement the National Incident Management System during all emergency 16 responses on and off Installations IAW National Fire Protection Association Standard 1561. 17 h.Each Party waives all claims against the other Party for compensation for any loss,damage,personal 18 injury,or death occurring as a consequence of the performance of this Agreement.This provision does not 19 waive any right of reimbursement pursuant to paragraph f. 20 i.All equipment used by LRFD in carrying out this Agreement will,at the time of action hereunder,be 21 owned by it;and all personnel acting for LRFD under this Agreement will,at the time of such action,be an 22 employee or volunteer member of LRFD. 23 j. The rendering of assistance under the terms of this Agreement will not be mandatory; however,the 24 Party receiving a request for assistance will endeavor to immediately inform the requesting Party if the 25 requested assistance cannot be provided and, if assistance can be provided,the quantity of such resources 26 as may be dispatched in response to such request. 27 k. Neither Party will hold the other Party liable or at fault for failing to respond to any request for 28 assistance or for failing to respond to such a request in a timely manner or with less than optimum equipment 29 and/or personnel, it being the understanding of the Parties that each is primarily and ultimately responsible 30 for the provision of Fire Protection Services needed within their own jurisdictions. 31 1.Disputes. 32 Parties to Negotiate.If a dispute should arise,the Parties agree to first attempt to resolve the dispute 33 using unassisted negotiation techniques(i.e.,without the assistance of a neutral third-party).Either 34 Party may request in writing that unassisted negotiations commence. As part of the unassisted 35 negotiation,the Parties shall consider employing joint fact-finding, if material factual disputes are [Page 5 of 8] 1 involved, and shall use other early resolution techniques appropriate to the circumstances. If the 2 dispute involves material issues of fact, the Parties may employ a neutral third-party to provide a 3 confidential evaluation of the issues of fact. 4 m.Alternative Dispute Resolution. 5 (1) If the dispute is not resolved within sixty(60)days after the request for unassisted negotiations, 6 and the Parties do not mutually agree to continue the unassisted negotiations,the Parties shall 7 employ alternative dispute resolution procedures involving nonbinding mediation of the 8 dispute by a neutral third party. The alternative dispute resolution procedures employed shall 9 include a confidential evaluation of both the facts and the law and the issuance of confidential 10 recommendations by the neutral third-party. 11 (2) By entering into this Agreement, the Parties have voluntarily adopted alternative dispute 12 resolution procedures IAW 5 United States Code. § 572(c). These procedures shall not be 13 employed if determined by either Party to be inappropriate after taking into consideration the 14 factors enumerated at 5 United States Code. § 572(b). A Party rejecting alternative dispute 15 resolution as inappropriate shall document its reasons in writing and deliver them to the other 16 Party. The Parties shall enter into a master written alternative dispute resolution Agreement 17 governing alternative dispute resolution proceedings that may be amended as needed to fit 18 individual proceedings. (A template of an acceptable alternative dispute resolution agreement 19 may be found at ww .adr.af.mil). 20 (3) The Government's obligation to make any payment arising out of an agreement resolving a 21 dispute under this Agreement is contingent upon the availability of funds proper for such 22 payment. LRFD's obligation to make any payment arising out of an agreement resolving a 23 dispute under this Agreement is contingent upon the availability of funds proper for such 24 payment. 25 n.All notices,requests,demands,and other communications which may or are required to be delivered 26 hereunder will be in writing and will be delivered by messenger,by a nationally-recognized overnight mail 27 delivery service or by Certified Mail,return receipt requested, at the following addresses: 28 For the Air Force: 29 Little Rock Air Force Base 30 do Commander, 19th Airlift Wing 31 1250 Thomas Avenue 32 Little Rock AFB,AR, 72099 33 34 And: 35 36 Department of the Air Force 37 Air Force Civil Engineer Center/CXF 38 139 Barnes Drive, Suite 1 39 Tyndall AFB, FL,32403-5319 'Page 6 of 8i 1 And: 2 3 Little Rock Air Force Base 4 do Installation Fire Chief 5 239 Avenue A West 6 Little Rock AFB, AR, 72099 7 8 For Little Rock Fire Department 9 Little Rock Fire Department 10 Attention to Fire Chief 11 Delphone D. Hubbard 12 500 West Markham Street, Suite 203 13 Little Rock,AR, 72201 14 15 TERMS OF THE AGREEMENT 16 17 o. This Agreement will become effective on the date of the last signature to the Agreement and will 18 remain in effect for five (5)years from that date (the "Term") and automatically renews for an additional 19 five(5)-year period with the right to renew for additional two(2), five(5)-year terms not to exceed a total 20 of twenty(20)years. Either Party may unilaterally terminate this Agreement during the Term by sending 21 notification of its intent to terminate to the other Party at 180 days in advance of the proposed date of 22 termination. Such notification will be in the form of a written submission to the other Party. 23 p.Upon becoming effective,this Agreement will supersede and cancel all previous agreements between 24 the Parties concerning the rendering of assistance from one to the other for the purposes stated in this 25 Agreement. 26 q.The modification or amendment of this Agreement,or any of the provisions of this Agreement,will 27 not become effective unless executed in writing by both Parties. 28 r. This Agreement may be executed in one or more counterparts, each of which will be deemed an 29 original. 30 IN WITNESS WHEREOF, The Parties have caused this Agreement to be executed by their duly 31 authorized representatives on the dates shown below: 32 FIRE DEPARTMENT THE UNITED STATES OF AMERICA 33 For Little Rock Fire Department by the Secretary of the Air Force 34 35 36 DELPHONE D.HUBBARD JOHN M. SCHUTTE,Colonel,USAF 37 Fire Chief Commander, 19th Airlift Wing 38 City of Little Rock,Arkansas Little Rock Air Force Base,Arkansas 39 Date: Date: 40 41 [Page 7 of 81 1 2 FRANK SCOTT,JR. 3 Mayor 4 City of Little Rock,Arkansas 5 Date: 6 // 7 // 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // [Page 8 of 81