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11798I RESOLUTION NO. 11,798 01 3 A RESOLUTION TO SUPPORT ENTRY INTO AN AGREEMENT 4 FOR MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS 5 MATERIALS INCIDENT RESPONSE WITH THE QUAIL CREEK 6 VOLUNTEER FIRE DEPARTMENT; AND FOR OTHER 7 PURPOSES. 0 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, the Emergency Management Administrator and 19 the Little Rock Fire Department Fire Chief are authorized to execute a mutual aid 20 agreement in order to enhance public safety and to preserve life and property in the 21 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 11] Resolution To authorize Agreemmt for Mutual Aid with Quail Geek Fire Department VA K 4 5 6 7 8 9 10 11 12 10 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 All ordinances and resolutions are hereby repealed to the extent of such inconsistency.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: July 20, 2004. ATTEST: arlcy Wood ity Clerk APPROVED AS TO FORM: 13 14i% 15 Thomas M. Carpenter, City Attorney 16 // 17 // 18 // 19 // 20 // 21 // 22 23 24 // 25 // 26 ' // 27 // 28 [PAGE 2 OF 11] Resolution To a Whodze Agreemmt for Mutual Aid wiN Quail Qmk Fire D part/ mt APPROVED: Willie Hinton, Vice Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 w AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS MATERIALS INCIDENT RESPONSE THIS AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS MATERIALS INCIDENT RESPONSE is entered into this day of , 2004, between THE CITY OF LITTLE ROCK, ARKANSAS (the "City"), acting for and on behalf of the Little Rock Fire Department, and THE QUAIL CREEK VOLUNTEER FIRE DEPARTMENT. WHEREAS, the Little Rock Fire Department and the Quail Creek Volunteer Fire Department are each located in Pulaski County and are located in proximity to each other; and WHEREAS, the undersigned parties to this Agreement are desirous of obtaining coordinated protection of life and property from fire, hazardous materials incidents, and firefighting during emergencies, whether developed or threatened, by making the most efficient use possible of equipment and personnel; and WHEREAS, authority is granted for the provision of mutual aid pursuant to the Arkansas Emergency Services Act, Ark. Code Ann. § 12 -75 -101 et. seq. (Michie Repl. 1995) and as otherwise provided by law; and WHEREAS, it is desirable that the parties hereto provide firefighting and hazardous materials incident response when emergencies occur; and WHEREAS, it is desirable that a mutual aid agreement be executed for the interchange of such mutual aid by and between the parties hereto; and WHEREAS, the City of Little Rock has passed a resolution approving the terms of this Agreement and authorizing the City Manager, the Fire Chief of the Little Rock Fire Department [PAGE 3 OF 113 Resolution To authorize Agreement for Mutual Aid with Quail Creek Fire Department I and the City of Little Rock Office of Emergency Management Administrator to sign this 2 Agreement, and 3 WHEREAS, the Chairman of the Board of Commissioners and the Fire Chief of the 4 Quail Creek Volunteer Fire Department have approved the terms of this Agreement; 5 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, 6 COVENANTS, AND UNDERTAKINGS SET FORTH HEREIN, THE PARTIES AGREE AS 7 FOLLOWS: 8 1. 9 10 MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS MATERIALS INCIDENT RESPONSE 11 This Agreement for Mutual Aid in Fire Protection and Hazardous Materials Incident 12 Response ( "Agreement ") is executed pursuant to the Arkansas Emergency Services Act, codified 13 at Ark. Code Ann. § 12 -75 -101 et. seq. (Michie Repl. 1995). 14 2. DEFINITIONS. 15 (a) Emergency: As used herein, "emergency" shall . mean an actual or potential 16 condition within the jurisdiction of a party to this Agreement that poses an immediate threat to 17 life or property and that exceeds the resources and capability of that party to successfully bring 18 the condition under control. 19 (b) Firefighting: As used herein, "firefighting" shall mean any condition within the 20 Requesting Organization's jurisdiction for which the Requesting Organization's personnel and 21 equipment are dispatched. The phrase "fire protection" shall have the same definition as 22 "firefighting." [PAGE 4 OF 11] Resolution To authorize Agreemmt for Mutual Aid wish Quail Creek Fire Department 1 2 3 4 5 6 0 (c) Requesting Organization: As used herein, the phrase 'Requesting Organization" shall mean a fire department from one of the parties to this Agreement that requests the help or assistance of a fire department of the other party. (d) Responding Organization: As used herein, the phrase 'Responding Organization' shall mean a fire department of a party to this Agreement that is asked to help or assist a fire department of the other party. 7 3. AUTHORIZATION FOR MUTUAL ASSISTANCE. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 The parties agree that mutual aid in fire protection and hazardous materials incident response may be provided between the parties upon proper request by a Requesting Organization during those times of emergency when mutual aid would best serve the interests of each public agency and its residents. 4. AUTHORITY TO REQUEST AID OR RESPOND TO A REQUEST FOR AID. (a) Each party authorizes the chief of its fire department or the chief's designee to request assistance in firefighting or hazardous materials incident response from the fire department of the other party to this Agreement during an emergency within the jurisdiction of the Requesting Organization. For each Responding Organization, the judgment of its chief or its chief's designee shall be final as to the kind and amount of personnel, equipment and services available and the extent of assistance to be furnished. (b) Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following conditions: (1) Any request for aid hereunder shall include a statement of the amount and type of equipment and personnel requested and shall specify the ResolWim To authorize Agreement for Mutual Aid with Quail Creek Fire Department [PAGE 5 OF 111 0 0 1 location to which the equipment and personnel are to be dispatched, but 2 the amount and type of equipment and the number of personnel to be 3 furnished shall be determined by the Responding Organization's chief or 4 the chief's designee. 5 (2) (A) The Responding Organization shall be released by the 6 Requesting Organization when the services of the Responding 7 Organization are no longer required. For purposes of this Agreement, the 8 services of the Responding Organization shall be deemed to be no longer 9 required when conditions are brought under control to the extent that the 10 conditions no longer pose an immediate threat to life or property. The 11 judgment of the Responding Organization's commanding officer shall be 12 final as to when there is no longer an immediate threat to life or property. 13 (B) The Responding Organization shall be released at any time 14 that the Responding Organization is needed, in the judgment of its chief 15 or the chief's designee, within the area for which it normally provides fire 16 "protection. 17 (c) All requests for aid by the Quail Creek Volunteer Fire Department shall be made 18 by contacting the Pulaski County Sheriff's Department's Dispatch Center to forward the request 19 for aid to the Little Rock Fire Department's Communications Center. The Little Rock Fire 20 Department will only respond to requests for aid that are forward to its Communications 21 Center from the Pulaski County Sheriff's Department's Dispatch Center. All requests for aid by 22 the Little Rock Fire Department shall be made by the Little Fire Department's Communications [PAGE 6 OF 11 ] Resolution To authorize Agreement for Mutual Aid with Quail Creek Fire Department 0 0 1 Center to the Pulaski County Sheriffs Departments Dispatch Center. The Quail Creek 2 Volunteer Fire Department will only respond to requests for aid that are forwarded to the 3 Pulaski County Sheriffs Department's Dispatch Center from the Little Rock Fire Departments 4 Communications Center. 5 5. COMMAND AND DIRECTION. 6 (a) Dispatched personnel from the Responding Organization shall report to the 7 officer in charge of the Requesting Organization at the location to which the equipment and 8 personnel are dispatched. Such personnel shall be subject to the general orders of the incident 9 commander in charge, but shall remain under the direct supervision of the ranking officer of the 10 Responding Organization. The parties agree that while the commanding officer of the 11 Requesting Organization retains command and control over the operations to handle the 12 emergency, the designated commanding officer of the Responding Organization shall 13 supervise, control and deploy the Responding Organization's employees made available to the 14 Requesting Organization. At any time that the Little Rock Fire Department is the Responding 15 Organization pursuant to the terms of this agreement, the commanding officer for purposes of 16 this subparagraph shall have the minimum rank of Battalion Chief. The Battalion Chief shall be 17 responsible for all communications with the Requesting Organization's commanding officer. 18 (b) Both parties recognize, understand and agree that, for all purposes, the 19 employees of the Responding Organization shall remain employees of that Responding 20 Organization during any and all activities undertaken pursuant to this Agreement. [PAGE 7 OF 111 Resolution To authorize Agreement for Mutual Aid with Quail Creek Fire Department 1 (c) In any emergency where assistance is provided pursuant to this Agreement, 2 radio communications shall be established, where possible, through the use of the local public 3 mutual aid radio system. 4 6. COMPENSATION. 5 (a) When responding to an emergency as outlined in this Agreement, the 6 Responding Organization agrees to be responsible for payment of any wages, pension and 7 workers' compensation benefits payable to the Responding Organization's own personnel. All 8 individuals shall retain all pension and disability rights while performing duties in accordance 9 with this Agreement. 10 (b) During any time that the Responding Organization is responding to an 11 emergency as outlined in this Agreement, the Requesting Organization shall be responsible for 12 payment of any wages, pension and workers' compensation benefits payable to the Requesting 13 Organization's own personnel. 14 (c) Under no circumstances shall either organization be responsible for workers' 15 compensation benefits of an employee, or personnel, of the other organization. 16 (d) When responding to an emergency as outlined in this Agreement, the 17 Responding Organization will compensate its employees during the time they are rendering aid 18 and shall defray the actual travel and maintenance expenses, if any, of such employees. 19 (e) Nothing in this Agreement shall in any way be construed to impose an 20 obligation upon the Quail Creek Volunteer Fire Department to compensate any employee or 21 other personnel who would not otherwise be entitled to payment of wages, benefits or 22 expenses. [PAGE S OF 111 R.I.a. To authorize Agreement for Mutual Aid with Quail Geek Fire Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 0 • (f) When responding to an emergency as outlined in this Agreement, the Responding Organization that furnished equipment shall bear the loss or damage to such equipment and shall pay the expenses incurred in the_ operation and maintenance thereof. (g) In the event that the Requesting Organization applies for state or federal disaster reimbursement funds, funds payable to it pursuant to any policy of insurance, or funds from any other source, in connection with an emergency for which the Responding Organization has furnished personnel, equipment or services, the Requesting Organization shall include in such request for reimbursement the wages, expenses and costs incurred by the Responding Organization as a result of providing mutual aid pursuant to the terms of this Agreement. 7. LIABILITY. (a) The parties agree that no party shall hold a Responding Organization liable for a failure to effectively combat or handle any fire or hazardous materials incident response in the territory of the Requesting Organization. (b) 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. 17 S. EFFECTIVE DATE OF AGREEMENT. 18 19 20 21 22 This Agreement shall become effective when approved by the City Manager of the City of Little Rock, the Administrator of the Office of Emergency Management for the City of Little Rock, the Fire Chief of the Little Rock Fire Department, the Chairman of the Board of Commissioners of the Quail Creek Volunteer Fire Department and the Fire Chief of the Quail Creek Volunteer Fire Department. Resolution To authorize Agreement for Mutual Aid with Quail Creek Fire Department [PACE 9 OF 111 0 0 1 9. TERMINATION OF AGREEMENT. 2 This Agreement, including any subsequent modifications, shall remain in full force and 3 effect until such time that a party, through its elected board or quorum court, passes a 4 resolution terminating this Agreement and provided that thirty (30) days prior written notice of 5 termination, addressed to the designated fire department official, is provided to the other party. 6 10. GOVERNING LAW. 7 This Agreement shall be governed by the laws of the state of Arkansas. 8 11. AUTHORITY TO EXECUTE. 9 The officials who executed this Agreement hereby represent and warrant that they have 10 full and complete authority to execute this Agreement, and that by their signatures below, the 11 terms and provisions hereof, constitute valid and enforceable obligations of each. 12 12. ENTIRE AGREEMENT; MODIFICATION. 13 This Agreement contains the entire agreement of the parties with respect to the subject 14 matter hereof. All prior or contemporaneous agreements, understandings, and statements, oral 15 or written, are merged into this Agreement. Neither this Agreement nor any of its provisions 16 may be waived, modified, amended, or discharged except by an instrument in writing signed 17 by the parties and then only to the extent set forth in such instrument. 18 13. SEVERABILITY. 19 In the event that any provision of this Agreement or part thereof shall be adjudged 20 invalid or unenforceable by any court of competent jurisdiction, then such provision or part 21 only shall be deemed invalid and all remaining terms and provisions of the Agreement shall be 22 carried out and performed by the parties with the same force and effect as if the invalid 23 provision or part had never been a part of this Agreement. 24 [PAGE 10 OF 111 Resolution To authorize Agreement for Mutual Aid with Quail Creek Fire Department 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 14. CONTRACT EXECUTION. 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 Kenny Shaw Emergency Management Administrator City of Little Rock, Arkansas Rhoda Mae Kerr Fire Chief Little Rock Fire Department Resolution To authorize Agreement for Mutual Aid with Quail Creek Fire Department Dennis Feyen Chairman of the Board of Commissioners Quail Creek Volunteer Fire Department Patrick Duvall Fire Chief Quail Creek Volunteer Fire Department [PAGE 11 OF 111