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RESOLUTION NO. 11,801
A RESOLUTION TO SUPPORT ENTRY INTO AN AGREEMENT
FOR MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS
MATERIALS INCIDENT RESPONSE WITH THE ARCH STREET
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, the Emergency Management Administrator and
the Little Rock Fire Department Fire Chief are authorized to execute a mutual aid
agreement 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.
Re Iufim
To authorize Agreement for Mutual Aid with
Arch Street Fire Department
[PAGE 1 OF 11]
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Section 3. Repealer. All ordinances and resolutions are hereby repealed to the
extent of such inconsistency.
ADOPTED: July 20, 2004.
ATTEST:
Na cy Woo, ,/City Clerk
APPROVED AS TO FORM:
Thomas M. Carpenter, City Attorney
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2ewiutioo
To authorize Agreement for Mutual Aid with
Arch Street Fire Department
[PAGE 2 OF 111
APPROVED:
Willie Hinton, Vice Mayor
I AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION
2 AND HAZARDOUS MATERIALS INCIDENT RESPONSE
N
4 THIS AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION AND
5 HAZARDOUS MATERIALS INCIDENT RESPONSE is entered into this day of
6 2004, between THE CITY OF LITTLE ROCK, ARKANSAS (the "City "), acting
7 for and on behalf of the Little Rock Fire Department, and THE ARCH STREET VOLUNTEER
8 FIRE DEPARTMENT.
9 WHEREAS, the Little Rock Fire Department and the Arch Street Volunteer Fire
10 Department are each located in Pulaski County and 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, and
13 firefighting during emergencies, whether developed or threatened, by making the most efficient
14 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. 1995) and
17 as otherwise provided by law; and
18 WHEREAS, it is desirable that the parties hereto provide firefighting and hazardous
19 materials incident response when emergencies occur; and
20 WHEREAS, it is desirable that a mutual aid agreement be executed for the interchange
21 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 of this
23 Agreement and authorizing the City Manager, the Fire Chief of the Little Rock Fire Department
[PAGE 3 OF 111
Remlution
To authorize Agreement for Mutual Aid with
Arch Street 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 Arch
4 Street 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. MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS MATERIALS
9 INCIDENT RESPONSE
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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.
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 111
Ro iutlm
To authorize Agreement for Mutual Aid with
Arch Street Fire Departmmt
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1 (c) Requesting Organization: As used herein, the phrase "Requesting Organization"
2 shall mean a fire department from one of the parties to this Agreement that requests the help or
3 assistance of a fire department of the other party.
4 (d) Responding Organization: As used herein,
the phrase
'Responding
5 Organization" shall mean a fire department of a party to this Agreement that is asked to help or
6 assist a fire department of the other party.
7 3. AUTHORIZATION FOR MUTUAL ASSISTANCE.
8 The parties agree that mutual aid in fire protection and hazardous materials incident
9 response may be provided between the parties upon proper request by a Requesting
10 Organization during those times of emergency when mutual aid would best serve the interests
11 of each public agency and its residents.
12 4. AUTHORITY TO REQUEST AID OR RESPOND TO A REQUEST FOR AID.
13 (a) Each party authorizes the chief of its fire department or the chiefs designee to
14 request assistance in firefighting or hazardous materials incident response from the fire
15 department of the other party to this Agreement during an emergency within the jurisdiction of
16 the Requesting Organization. For each Responding Organization, the judgment of its chief or its
17 chief's designee shall be final as to the kind and amount of personnel, equipment and services
18 available and the extent of assistance to be fumished.
19 (b) Any dispatch of equipment and personnel pursuant to this Agreement is subject
20 to the following conditions:
21 (1) Any request for aid hereunder shall include a statement of the amount
22 and type of equipment and personnel requested and shall specify the
[PAGE 5 OF Ill
Resolution
To authorize Agreement for Mutual Aid with
Arch Street Fire Department
rI
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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 Arch Street Volunteer Fire Department shall be made
18 by contacting the Pulaski County Sheriffs 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 Sheriffs 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 111
Reaotution
To authorize Agreement for Mutual Aid with
Arch Street Fire Department
9 0
1 Center to the Pulaski County Sheriffs Department's Dispatch Center. The Arch Street
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 11]
Resolution
To authorize Agreeman for WWI Aid with
Arch Street Fire Deportment
0 0
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
1 I 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 Arch Street 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 8 OF 111
Resolution
To authorize Agrmmmt for Mutual Aid wUh
Arch Street Fire Depatmmt
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(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 8. EFFECTIVE DATE OF AGREEMENT.
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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 Arch Street Volunteer Fire Department and the Fire Chief of the Arch
Street Volunteer Fire Department.
Resolution
To authorize Agreement for Mutual Aid with
Arch Street Fire Department
[PAGE 9 OF 11]
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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.
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[PAGE 10 OF 11]
Re Iutim
To authorize Agreemmt for Mutual Aid with
Arch Street Fire Department
•
1 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.
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
[PAGE 11 OF 11]
Resolupon
To authorize Agreement for Mmoei Aid with
Arch Street Fire Department
Jim Vandergrif
Chairman of the Board of Commissioners
Arch Street Volunteer Fire Department
Harvey Durham
Fire Chief
Arch Street Volunteer Fire Department