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RESOLUTION NO. 11,668
A RESOLUTION TO SUPPORT ENTRY INTO AN AGREEMENT
FOR MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS
MATERIALS INCIDENT RESPONSE WITH THE CRYSTAL FIRE
DEPARTMENT; AND FOR OTHER PURPOSES.
WHEREAS, Arkansas Statute 12 -75 -119 authorizes mutual aid agreements
between political subdivisions in order to assure and assist with adequate resources in
the event of a disaster or significant emergency; and
WHEREAS, the proposed agreement attached as Exhibit A to this Resolution
accomplishes this purpose and will assist in the preservation of lives and property in
the event of a disaster emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
Section 1. Pursuant to• the authority set forth in Ark. Code Ann. § 12 -75 -119
(Michie Supp. 2003), the City Manager and the Emergency Management Administrator,
is authorized to execute a mutual aid agreement in a form substantially the same as
Exhibit A to this Resolution in order to enhance public safety and to preserve life and
property in the event of a disaster emergency for the benefit of the City and its environs.
21 Section 2. Severability. In the event any title, section, paragraph, item,
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sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid
or unconstitutional, such declaration or adjudication shall not affect the remaining
portions of the resolution which shall remain in full force and effect as if the portion so
declared or adjudged invalid or unconstitutional was not originally a part of the
resolution.
ae >owuon
To authorize Agreement for Mutual Aid with
Cryalal Fire Departmam
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Section 3. Repealer. All ordinances and resolutions are hereby repealed to the
extent of such inconsistency.
ADOPTED: January 20, 2004.
ATTEST: APPROVED:
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Nancy Wood, City Clerk
9 APPROVED AS TO FORM:
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Thomas M. Carpenter, City Attorney
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R.] Or.
To authorize Agreement for Mutual Aid with
Crystal Fire Department
I/I
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1 AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION
2 AND HAZARDOUS MATERIALS INCIDENT RESPONSE
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5 THIS AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION AND
6 HAZARDOUS MATERIALS INCIDENT RESPONSE is entered into this day of
7 , 2004, between THE CITY OF LITTLE ROCK, ARKANSAS (the
8 "City"), acting for and on behalf of the Little Rock Fire Department, and THE
9 CRYSTAL FIRE DEPARTMENT.
10 WHEREAS, the Little Rock Fire Department and the Crystal Fire Department are
11 each located in Pulaski County and are located in proximity to each other; and
12 WHEREAS, the undersigned parties to this Agreement are desirous of obtaining
13 coordinated protection of life and property from fire, hazardous materials incidents,
14 and firefighting during emergencies, whether developed or threatened, by making the
15 most efficient use possible of equipment and personnel; and
16 WHEREAS, authority is granted for the provision of mutual aid pursuant to the
17 Arkansas Emergency Services Act, Ark. Code Ann. § 12 -75 -101 et. seq. (Michie Repl.
18 1995) and as otherwise provided by law; and
19 WHEREAS, it is desirable that the parties hereto provide firefighting and
20 hazardous materials incident response when emergencies occur; and
21 WHEREAS, it is desirable that a mutual aid agreement be executed for the
22 interchange of such mutual aid by and between the parties hereto; and
[PAGE 3 of 131
Resolution
To authorize Agreement for Mutual Aid with
Crystal Fire Department
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WHEREAS, the City of Little Rock has passed a resolution approving the terms
of this Agreement and authorizing the City Manager and the City of Little Rock Office
of Emergency Services Director to sign this Agreement; and
WHEREAS, the Pulaski County Quorum Court has passed a resolution
approving the terms of this Agreement and authorizing the Pulaski County Judge and
the Pulaski County Office of Emergency Management Director and the Chief of the
Crystal Fire Department to sign this Agreement;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS, AND UNDERTAKINGS SET FORTH HEREIN, THE PARTIES
AGREE AS FOLLOWS:
1. MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS
MATERIALS INCIDENT RESPONSE
This Agreement for Mutual Aid in Fire Protection and Hazardous Materials
Incident Response ( "Agreement ") is executed pursuant to the Arkansas Emergency
Services Act, codified at Ark. Code Arm. § 12 -75 -101 et. seq. (Michie Repl. 1995).
2. DEFINITIONS.
(a) Emergency: As used herein, "emergency" shall mean an actual or potential
condition within the jurisdiction of a party to this Agreement that poses an immediate
threat to life or property and that exceeds the resources and capability of that party to
successfully bring the condition under control.
Resolution
To authorize Agreement for Mutual Aid with
Crystal Fire DeparMmt
(PAGE 4 OF 131
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1 (b) FirefightlnQ: As used herein, "firefighting' shall mean any condition
2 within the Requesting Organization's jurisdiction for which the Requesting
3 Organization's personnel and equipment are dispatched. The phrase "fire protection"
4 shall have the same definition as "firefighting."
5 (c) Requesting Organization: As used herein, the phrase "Requesting
6 Organization" shall mean a fire department from one of the parties to this Agreement
7 that requests the help or assistance of a fire department of the other party.
8 (d) Responding Organization: As used herein, the phrase 'Responding
9 Organization" shall mean a fire department of a party to this Agreement that is asked to
10 help or assist a fire department of the other party.
11 3. AUTHORIZATION FOR MUTUAL ASSISTANCE.
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13 The parties agree that mutual aid in fire protection and hazardous materials
14 incident response may be provided between the parties upon proper request by a
15 Requesting Organization during those times of emergency when mutual aid would best
16 serve the interests of each public agency and its residents.
17 4. AUTHORITY TO REQUEST AID OR RESPOND TO A REQUEST FOR
18 AID.
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20 (a) Each party authorizes the chief of its fire department or the chief's
21 designee to request assistance in firefighting or hazardous materials incident response
22 from the fire department of the other party to this Agreement during an emergency
[PAGE 5 OF 131
Resoluflon
To authorize Agreement for Mutual Aid with
Crystal Fire Department
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1 within the jurisdiction of the Requesting Organization. For each Responding
2 Organization, the judgment of its chief or its chief's designee shall be final as to the kind
3 and amount of personnel, equipment and services available and the extent of assistance
4 to be furnished.
5 (b) Any dispatch of equipment and personnel pursuant to this Agreement is
6 subject to the following conditions:
7 (1) Any request for aid hereunder shall include a statement of the
8 amount and type of equipment and personnel requested and shall
9 specify the location to which the equipment and personnel are to be
10 dispatched, but the amount and type of equipment and the number
11 of personnel to be furnished shall be determined by the
12 Responding Organizations chief or the chief's designee.
13 (2) (A) The Responding Organization shall be released by the
14 Requesting Organization when the services of the Responding
15 Organization are no longer required. For purposes of this
16 Agreement, the services of the Responding Organization shall be
17 deemed to be no longer required when conditions are brought
18 under control to the extent that the conditions no longer pose an
19 immediate threat to life or property. The judgment of the
[PAGE 6 OF 131
Ne>olution
To auNorize Agreement for Mutual Aid with
Crystal Fire Department
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Responding Organization's commanding officer shall be final as to
2 when there is no longer an immediate threat to life or property.
3 (B) The Responding Organization shall be released at any
4 time that the Responding Organization is needed, in the judgment
5 of its chief or the chief's designee, within the area for which it
6 normally provides fire protection.
7 (c) The Crystal Fire Department shall designate the fire department officials
8 within its jurisdiction who shall have the authority to make requests or provide aid
9 pursuant to this Agreement and shall provide the Little Rock Fire Department with a
10 regularly updated list specifying the name, rank, agency and telephone number of such
11 officials. The Crystal Fire Department shall update the list on a monthly basis and shall
12 provide the list to the other party by the 151h day of each month. The Crystal Fire
13 Department shall direct all requests for aid pursuant to this Agreement to the Little
14 Rock Fire Department's Communications Center. Any requests for aid by the Little
15 Rock Fire Department to the Crystal Fire Department shall be made through the Little
16 Rock Fire Department's Communications Center.
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[PAGE 7 OF 131
Resolution
To authorize Agreement for Mutual Aid with
Crystal Fire Department
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1 5. COMMAND AND DIRECTION.
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3 (a) Dispatched personnel from the Responding Organization shall report to
4 the officer in charge of the Requesting Organization at the location to which the
5 equipment and personnel are dispatched. Such personnel shall be subject to the general
6 orders of the incident commander in charge, but shall remain under the direct
7 supervision of the ranking officer of the Responding Organization. The parties agree
8 that while the commanding officer of the Requesting Organization retains command
9 and control over the operations to handle the emergency, the designated commanding
10 officer of the Responding Organization shall supervise, control and deploy the
11 Responding Organization's employees made available to the Requesting Organization.
12 At any time that the Little Rock Fire Department is the Responding Organization
13 pursuant to the terms of this agreement, the commanding officer for purposes of this
14 subparagraph shall have the minimum rank of Battalion Chief. The Battalion Chief
15 shall be responsible for all communications with the Requesting Organization's
16 commanding officer.
17 (b) Both parties recognize, understand and agree that, for all purposes, the
18 employees of the Responding Organization shall remain employees of that Responding
19 Organization during any and all activities undertaken pursuant to this Agreement.
[PAGE 8 of 131
Resolution
To authorize Agreement for Mutual Aid with
Crystal Fire Department
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(c) In any emergency where assistance is provided pursuant to this
Agreement, radio communications shall be established, where possible, through the use
of the local public mutual aid radio system.
6. COMPENSATION.
(a) When responding to an emergency as outlined in this Agreement, the
Responding Organization agrees to be responsible for payment of wages, pension and
workers' compensation benefits payable to the Responding Organization's own
personnel. All individuals shall retain all pension and disability rights while performing
duties in accordance with this Agreement.
(b) During any time that the Responding Organization is responding to an
emergency as outlined in this Agreement, the Requesting Organization shall be
responsible for payment of wages, pension and workers' compensation benefits payable
to the Requesting Organization's own personnel.
(c) Under no circumstances shall either organization be responsible for
workers' compensation benefits of an employee, or personnel, of the other organization.
(d) When responding to an emergency as outlined in this Agreement, the
Responding Organization will compensate its employees during the time they are
rendering aid and shall defray the actual travel and maintenance expenses, if any, of
such employees.
Resolution
To authorize Agreement for Mutual Aid wish
Crystal Fire Department
[PAGE 9 OF 131
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1 (e) When responding to an emergency as outlined in this Agreement, the
2 Responding Organization that furnished equipment shall bear the loss or damage to
3 such equipment and shall pay the expenses incurred in the operation and maintenance
4 thereof.
5 (f) In the event that the Requesting Organization applies for state or federal
6 disaster reimbursement funds, or funds from any other source, in connection with an
7 emergency for which the Responding Organization has furnished personnel, equipment
8 or services, the Requesting Organization shall include in such request for
9 reimbursement the wages, expenses and costs incurred by the Responding
10 Organization in providing mutual aid pursuant to the terms of this agreement.
11 7. LIABILITY.
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13 (a) If any claims, administrative matters, or litigation shall arise in
14 conjunction with or as a result of Responding Organization furnishing personnel,
15 equipment or services pursuant to this Agreement, the Requesting Organization shall
16 be subject to reimbursing the costs of litigation incurred by the Responding
17 Organization.
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(b)
The parties agree that no party shall
hold
a Responding Organization
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liable for a
failure to effectively combat or handle
any
fire or hazardous materials
20 incident response in the territory of the Requesting Organization.
[PAGE 10 OF 131
Resalutlan
To authorize Agraement for Mutual Aid with
Crystal Fire Department
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(c) This Agreement shall not be construed as or deemed to be an agreement
for the benefit of any third party or parties, and no third party or parties shall have any
right of action hereunder for any cause of action whatsoever.
8. EFFECTIVE DATE OF AGREEMENT.
This Agreement shall become effective when approved by the City Manager of
the City of Little Rock, the Director of the Office of Emergency Services for the City of
Little Rock, the Pulaski County Judge, the Director of the Pulaski County Office of
Emergency Management, and the chief of the Crystal Fire Department.
9. TERMINATION OF AGREEMENT.
This Agreement, including any subsequent modifications, shall remain in full
force and effect until such time that a party, through its elected board or quorum court,
passes a resolution terminating this Agreement and provided that thirty (30) days prior
written notice of termination, addressed to the designated fire department official, is
provided to the other party.
10. GOVERNING LAW.
This Agreement shall be governed by the laws of the state of Arkansas.
11. AUTHORITY TO EXECUTE.
The officials who executed this Agreement hereby represent and warrant that
they have full and complete authority to execute this Agreement, and that by their
Resolution
To authorize Agreement for Mutual Aid with
Crystal Fire Department
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signatures below, the terms and provisions hereof, constitute valid and enforceable
obligations of each.
12. ENTIRE AGREEMENT; MODIFICATION.
This Agreement contains the entire agreement of the parties with respect to the
subject matter hereof. All prior or contemporaneous agreements, understandings, and
statements, oral or written, are merged into this Agreement. Neither this Agreement
nor any of its provisions may be waived, modified, amended, or discharged except by
an instrument in writing signed by the parties and then only to the extent set forth in
such instrument.
13. SEVERABILITY.
In the event that any provision of this Agreement or part thereof shall be
adjudged invalid or unenforceable by any court of competent jurisdiction, then such
provision or part only shall be deemed invalid and all remaining terms and provisions
of the Agreement shall be carried out and performed by the parties with the same force
and effect as if the invalid provision or part had never been a part of this Agreement.
18 14. CONTRACT EXECUTION.
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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.
Resolution
To authorize Agreement for Mutual Aid with
Crystal Firs Department
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Bruce Moore
City Manager
City of Little Rock, Arkansas
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Floyd G. 'Buddy' Villines
County Judge
Pulaski County, Arkansas
Kenny Shaw Cathy Botsford
Emergency Management Administrator Director
City of Little Rock, Arkansas Office of Emergency Management
Pulaski County, Arkansas
Fire Chief
Crystal Fire Department
Re ludon
To authorize Agreemrnt for Mutual Aid with
Gystal Fire Department
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