12353I
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RESOLUTION NO. 12,353
3 A RESOLUTION TO SUPPORT ENTRY INTO AN AGREEMENT
4 FOR MUTUAL AID FOR AMBULANCE SERVICES WITH THE
5 CITY OF SHERWOOD; AND FOR OTHER PURPOSES.
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7 WHEREAS, Arkansas Statute 12 -10 -308 authorizes mutual aid agreements
8 between political subdivisions in order to assure and assist with adequate resources in
9 the event of an emergency, and
10 WHEREAS, the City of Sherwood does not have an ambulance service provider
11 and has asked Metropolitan Emergency Medical Services ( "MEMS ") for temporary
12 immediate emergency assistance in providing emergency and non - emergency
13 ambulance services until a new agreement with an ambulance provider can be
14 accomplished, and
15 WHEREAS, it is not financially feasible for MEMS to assume responsibility for
16 emergency ambulance services unless it is also granted exclusive authority to provide
17 non - emergency ambulance services, and
18 WHEREAS, the Little Rock Ambulance Authority has authorized MEMS to
19 provide mutual aid to Sherwood to assist them temporarily in the provision of
20 emergency and non - emergency ambulance services to prevent human catastrophe and
21 suffering.
22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
23 THE CITY OF LITTLE ROCK, ARKANSAS:
24 Section 1. Pursuant to the authority set forth in Ark. Code Ann. § 12 -10 -308,
25 the City Manager is authorized to execute a mutual aid agreement with the Executive
26 Director of MEMS and the Mayor of Sherwood in order to enhance public safety and to
[PAGE 1 OF 6]
Resolution
To authorize Agreement for Mutual Aid with the City of Sherwood, Arkansas
I preserve live and property by providing temporary emergency and non - emergency
2 ambulance services to the citizens of the City of Sherwood.
3 Section 2. Severability. In the event any title, section, paragraph, item, sentence,
4 clause, phrase, or word of this resolution is declared or adjudged to be invalid or
5 unconstitutional, such declaration or adjudication shall not affect the remaining
6 portions of the resolution, which shall remain in full force and effect as if the portion so
7 declared or adjudged invalid or unconstitutional was not originally a part of this
8 resolution.
9 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that
10 are inconsistent with the provisions of this resolution, are hereby repealed to the extent
11 of such inconsistency.
12 ADOPTED: October 3, 2006
13 ATTEST:
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15 7 /�
16 Nancy W04, City Clerk
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18 APPROVED AS TO LEGAL FORM:
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21 Thomas M. Carpenter, City Atto ey
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[PAGE 2 OF 61
Resolution
To authorize Agreement for Mutual Aid with the City of Sherwood, Arkansas
APPROVED:
t.
J , Dailey, Mayor
I ATTACHMENT "A"
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5 METROPOLITAN EMERGENCY MEDICAL SERVICES
6 MUTUAL AID AGREEMENT
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8 THIS AGREEMENT is made by and between the CITY OF LITTLE ROCK,
9 ARKANSAS ( "Little Rock ") and the CITY OF SHERWOOD, ARKANSAS ( "Sherwood "),
10 cities of the first class.
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WHEREAS, in 1984 Little Rock established the Little Rock Ambulance Authority (the
"Authority ") pursuant to Little Rock City Ordinances Nos. 14,511 and 14,574, and granted the
Authority an exclusive franchise to establish and operate an emergency life support ambulance
system within the City of Little Rock; and
WHEREAS, the Authority has established the Metropolitan Emergency Medical
Services System ( "MEMS ") to provide emergency and non - emergency ambulance service to the
City of Little Rock; and
WHEREAS, Sherwood has indicated it will terminate its present contract, which will
leave the city without an ambulance service provider, and has asked MEMS for temporary
immediate emergency assistance in providing emergency and non - emergency ambulance
services until a new agreement with an ambulance provider can be accomplished; and
WHEREAS, it is not financially feasible for MEMS to assume responsibility for
emergency ambulance services unless it is also granted exclusive authority to provide non-
emergency ambulance services; and
WHEREAS, the Authority has authorized MEMS to provide mutual aid to Sherwood to
assist them temporarily in the provision of emergency and non - emergency ambulance services to
prevent human catastrophe and suffering; and
[PAGE 3 OF 6]
Resolution
To authorize Agreement for Mutual Aid with the City of Sherwood, Arkansas
I WHEREAS, Little Rock and Sherwood are each authorized pursuant to Ark. Code Ann.
2 12 -10 -308 to enter into this mutual aid agreement in order to enhance public safety and to
3 preserve life and property by providing temporary emergency and non - emergency ambulance
4 services to the Citizens of the City of Sherwood; and
5 WHEREAS, the Board of Directors of Little Rock and the City Council of Sherwood by
6 ordinance or resolution have authorized the mayors of Little Rock and Sherwood to enter into
7 this Agreement.
8 NOW, THEREFORE, in consideration of the mutual covenants and agreements of
9 Little Rock and Sherwood and on the terms and conditions set out herein, it is agreed as follows:
10 1. TERM. The term of this Agreement shall extend from the date signed by the
11 parties until a provider is selected by Sherwood.
12 2. EXCLUSIVITY. During the term of this Agreement, the Authority shall have
13 the exclusive right to provide all emergency and non - emergency ambulance service to the
14 citizens of Sherwood within the city limits of Sherwood, as now existing or as modified during
15 the term of this agreement. The guidelines and requirements for such ambulance service to be
16 provided by the Authority to Sherwood shall be the same as outlined in Little Rock City
17 Ordinance Nos. 14,511, 14,574 and 17,255, and such further amendments or changes to those
18 ordinances as may be made by Little Rock during the term of this Agreement.
19 3. PURPOSE. The purpose of this Agreement is to provide on a temporary,
20 emergency basis for the citizens of Sherwood a licensed paramedic ambulance service system
21 that can provide each ambulance patient in the City of Sherwood with the best possible chance of
22 survival without disability or preventable complication.
[PAGE 4 OF 6]
Resolution
To authorize Agreement for Mutual Aid with the City of Sherwood, Arkansas
1 4. OPERATIONS IN SHERWOOD. On a temporary, emergency basis, during the
2 term of this Agreement, the Authority shall provide paramedic ambulance service to the citizens
3 of Sherwood as outlined in Little Rock Ordinance Nos. 14,511, 14,574 and 17,255, as amended.
4 5. RATES. The Authority shall charge for its services within the city limits of
5 Sherwood the same rates as are charged for comparable services within the city limits of Little
6 Rock, to include subsequent rate changes.
7 6. AUTHORITY TO EXECUTE. The officials who executed this Agreement
8 hereby represent and warrant that they have full and complete authority to execute this
9 Agreement, and that by their signatures below, the terms and provisions hereof, constitute valid
10 and enforceable obligations of each.
11 7. ENTIRE AGREEMENT; MODIFICATION. This Agreement contains the
12 entire agreement of the parties with respect to the subject matter hereof. All prior or
13 contemporaneous agreements, understandings, and statements, oral or written, are merged into
14 this Agreement. Neither this Agreement nor any of its provisions may be waived, modified,
15 amended, or discharged except by an instrument in writing signed by the parties and then only to
16 the extent set forth in such instrument.
17 8. SEVERABILITY. In the event that any provision of this Agreement of part
18 thereof shall be adjudged invalid or unenforceable by any court of competent jurisdiction, then
19 such provision or part only shall be deemed invalid and all remaining terms and provisions of the
20 Agreement shall be carried out and performed by the parties with the same force and effect as if
21 the invalid provision or part had never been a part of this Agreement.
[PAGE 5 OF 61
Resolution
To authorize Agreement for Mutual Aid with the City of Sherwood, Arkansas
1 9. CONTRACT EXECUTION. This Agreement shall be executed in the original
2 and any number of executed copies. Any copy of this agreement so executed shall be deemed an
3 original and shall be deemed authentic for any other use.
4 EXECUTED this 9th day of October, 2006.
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CITY OF LITTLE ROCK, ARKANSAS
By:
Jiq ailey, Mayor
ATTEST:
City Clerk
ATTEST:
City Clerk
CITY OF SHERWOOD, ARKANSAS
John Harmon, Mayor
This Agreement is acknowledged the day of 52006.
LITTLE ROCK AMBULANCE AUTHORITY
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Resolution
To authorize Agreement for Mutual Aid with the City of Sherwood, Arkansas