HomeMy WebLinkAbout12457I RESOLUTION NO. 12,457
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3 A RESOLUTION TO SUPPORT ENTRY INTO AN AGREEMENT FOR FIRE
4 PROTECTION SERVICES AND HAZARDOUS MATERIALS INCIDENT RESPONSE
5 WITH THE CAMMACK VILLAGE VOLUNTEER FIRE DEPARTMENT; AND FOR
6 OTHER PURPOSES.
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8 WHEREAS, The Cammack Village Volunteer Fire Department is more properly known as Pulaski
9 County Fire Protection District Number 2, and
10 WHEREAS, Arkansas Statute 14- 284 -122 authorizes fire protection districts, such as the
11 Cammack Village Fire Department, to enter into contracts with cities for the provision of fire
12 protection services,
13 WHEREAS, the City of Little Rock has specialized fire suppression equipment; equipment to
14 address hazardous materials incidents; equipment necessary to respond to bomb threats; and
15 equipment necessary to respond to technical assistance rescues and staff trained in the use of this
16 equipment, and
17 WHEREAS, it is not financially feasible at the present time for the Cammack Village Volunteer
18 Fire Department to acquire and maintain the above - referenced specialized equipment and ensure
19 continuous training for its staff to operate such equipment.
20 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
21 ROCK, ARKANSAS:
22 Section 1. Pursuant to the authority set forth in Ark. Code Ann. S 14- 284 -122, the City
23 Manager is authorized to execute an Agreement for Fire Protection Services and Hazardous Materials
24 Incident Response with the Board of Commissioners of the Cammack Village Volunteer Fire Department
25 in order to enhance public safety and to preserve live and property by providing additional fire
26 protection services to the citizens served by the Cammack Village Volunteer Fire Department.
27 Section 2. Severability, in the event any title, section, paragraph, item, sentence, clause,
28 phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such
29 declaration or adjudication shall not affect the remaining portions of the resolution, which shall remain
30 in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not
31 originally a part of this resolution.
32 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
33 inconsistent with the provisions of this resolution, are hereby repealed to the extent of such
34 inconsistency.
35 ADOPTED: February 20, 2007
[PAGE 1 OF 10]
Resolution
To authorize Agreement for Fire Protection Services and Hazardous Materials Incident Response with the Cammack Village
Volunteer Fire Department
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ATTEST:
Nan y Wood, C' y Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City At rney
APPROVED:
Mark Stodola, Mayor
Erma Hendrix, Director (Ward 1)
[PAGE 2 OF 10]
Resolution
To authorize Agreement for Fire Protection Services and Hazardous Materials Incident Response with the Cammack Village
Volunteer Fire Department
1 ATTACHMENT "A"
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4 AGREEMENT FOR FIRE PROTECTION SERVICES
5 AND HAZARDOUS MATERIALS INCIDENT RESPONSE
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7 THIS AGREEMENT FOR FIRE PROTECTION SERVICES AND HAZARDOUS
8 MATERIALS INCIDENT RESPONSE is entered into this day of
9 2007, between THE CITY OF LITTLE ROCK, ARKANSAS (the "City "), acting for and on
10 behalf of the LITTLE ROCK FIRE DEPARTMENT ( "LRFD "), and the PULASKI
11 COUNTY FIRE PROTECTION DISTRICT NUMBER 2 ( "CAMMACK VILLAGE
12 VOLUNTEER FIRE DEPARTMENT".)
13 WHEREAS, the LRFD and the Cammack Village Volunteer Fire Department are each
14 located in Pulaski County and are located in proximity to each other; and
15 WHEREAS, the undersigned parties to this Agreement are desirous of protecting life
16 and property from emergencies, including but not limited to: fire suppression, hazardous
17 materials incident response, bomb squad response; rescues; technical assistance rescue
18 responses; patient assists; and EMS First Response by making the most efficient use possible of
19 equipment and personnel; and
20 WHEREAS, the undersigned parties to this Agreement are desirous of obtaining bi-
21 annual testing of the fire hydrant grid within the Cammack Village city limits; and
22 WHEREAS, authority is granted for fire protection districts to enter into contracts with
23 cities for provision of fire protection services pursuant to Ark. Code Ann. § 14- 284 -122 (West
24 1987); and
[PAGE 3 OF 101
Resolution
To authorize Agreement for Fire Protection Services and Hazardous Materials Incident Response with the Cammack Village
Volunteer Fire Department
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WHEREAS, the City has passed a resolution approving the terms of this Agreement
authorizing the City Manager to sign this Agreement; and
WHEREAS, the Board of Commissioners of the Pulaski County Fire Protection District
Number 2, referred to herein as the Cammack Village Volunteer Fire Department, have approved
the terms of this Agreement;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS, AND UNDERTAKINGS SET FORTH HEREIN, THE PARTIES AGREE
AS FOLLOWS:
1. FIRE PROTECTION SERVICES AND HAZARDOUS MATERIALS
INCIDENT RESPONSE.
This Agreement for Fire Protection Services and Hazardous Materials Incident Response
( "Agreement ") is executed pursuant to Ark. Code Ann. § 14- 284 -122 (West 1987).
2. DEFINITIONS.
(a) Emergency: means fire suppression, hazardous materials incident response, bomb
squad response; rescues; technical assistance rescue responses; patient assists; and EMS first
response.
(b) Firefighting: means fire suppression activities conducted within the jurisdiction
of the Cammack Village Volunteer Fire Department for which the Cammack Village
Volunteer Fire Department requested the City to dispatch personnel and equipment as
provided by this Agreement. The phrase "fire protection" shall have the same definition
as "firefighting."
3. AUTHORIZATION FOR FIRE PROTECTION SERVICE CONTRACT.
The parties agree that the Cammack Village Volunteer Fire Department may request the
LRFD provide fire protection, hazardous materials incident response, and response to
28 emergencies.
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Resolution
To authorize Agreement for Fire Protection Services and Hazardous Materials Incident Response with the Cammack Village
Volunteer Fire Department
1 4. AUTHORITY TO REQUEST AID OR RESPOND TO A REQUEST FOR
2 AID.
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4 (a) The LRFD shall have the final authority as to the allocation of resources,
5 including personnel, equipment, and services furnished to the Cammack Village Volunteer Fire
6 Department pursuant to this agreement.
7 (b) Any dispatch of equipment and personnel pursuant to this Agreement is subject to
8 the following conditions:
9 (1) The LRFD shall determine the equipment and the number of personnel
10 necessary to respond to the Cammack Village Volunteer Fire
11 Department's request for assistance pursuant to this Agreement.
12 (2) (A) The LRFD shall dispatch an officer holding the rank of
13 Battalion Chief or higher. The ranking officer shall determine when there
14 is no longer an immediate threat to life or property; and
15 (B) In the event the Chief of the LRFD or his/her designee
16 determines that the equipment and personnel dispatched to the jurisdiction
17 of the Cammack Village Volunteer Fire Department is needed in the area
18 served by the LRFD, the LRFD shall maintain equipment and personnel
19 on the scene until such time as the fire suppression or emergency event is
20 rendered safe.
21 5. COMMAND AND DIRECTION.
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23 (a) LRFD personnel and equipment shall remain under the direct supervision of the
24 ranking officer of the LRFD. The ranking officer shall be responsible for all
25 communications with the Cammack Village Volunteer Fire Department's commanding
26 officer.
[PAGE 5 OF 10]
Resolution
To authorize Agreement for Fire Protection Services and Hazardous Materials Incident Response with the Cammack Village
Volunteer Fire Department
I (b) Both parties recognize, understand and agree that, for all purposes, the employees
2 of the LRFD shall remain employees of the LRFD during any and all activities
3 undertaken pursuant to this Agreement.
4 (c) In any emergency where assistance is provided pursuant to this Agreement, radio
5 communications shall be established, where possible, through the use of the local public
6 service radio system.
7 6. OPERATIONS.
8 (a) The City shall provide an eight minute (8.59) response time to at least ninety
9 percent (90 %) of all Code 1 — life threatening emergencies - and a twelve minute (12.59)
10 response time to at least ninety percent (90 %) of all Code 2 — non -life threatening
11 emergencies. The Code level shall be determined by the LRFD Dispatch based upon
12 standard protocols.
13 (b) Cammack Village 911 Public Service Answering Point shall route fire and rescue
14 requests to Little Rock Communications Center dispatch via a one - button transfer.
15 (c) All other provisions of Little Rock, Ark. Rev. Code § 14,511 and 17,255, (1988)
16 as amended, concerning standards of production and performance shall be implemented
17 by the Cammack Village Volunteer Fire Department.
18 (d) The LRFD shall apply its existing standard operating guide ( "SOG ") that is
19 utilized in all areas served by the LRFD, to any request by the Cammack Village
20 Volunteer Fire Department pursuant to this Agreement.
21 (e) The LRFD shall conduct bi- annual testing of the fire hydrant grid within the
22 Cammack Village city limits and will report any problems encountered to the Central
23 Arkansas Water Company and provide a written report to the Chief of the Cammack
24 Village Volunteer Fire Department.
25 (f) The Arkansas Emergency Physicians Foundation ( "AEPF "), a private, non -profit
26 corporation that provides medical control for the LRFD, will provide medical control for
27 operations conducted by the pursuant to this agreement.
28 7. COMPENSATION OF WAGES AND OTHER COSTS.
[PAGE 6 OF 101
Resolution
To authorize Agreement for Fire Protection Services and Hazardous Materials Incident Response with the Cammack Village
Volunteer Fire Department
I (a) When responding to an emergency as outlined in this Agreement, the City shall be
2 responsible for payment of wages, pension and workers' compensation benefits payable
3 to its personnel. All LRFD personnel shall retain all pension and disability rights while
4 performing duties in accordance with this Agreement. The City shall not be responsible
5 for the payment of wages, pension, worker's compensation benefits, or disability rights
6 for any member of the Cammack Village Volunteer Fire Department.
7 (b) The City shall be responsible for workers' compensation benefits for all LRFD
8 personnel dispatched to the Cammack Village Volunteer Fire Department pursuant to the
9 provisions of this Agreement. The City is not responsible for workers' compensation
10 benefits for any member of the Cammack Village Volunteer Fire Department.
11 (c) When responding to an emergency as outlined in this Agreement, the City will
12 compensate its employees and defray actual travel and maintenance expenses, if any, incurred
13 while providing fire protection, hazardous materials incident response, and response to
14 emergencies pursuant to this Agreement.
15 (d) When responding to any request for fire protection, hazardous materials incident
16 response, and response to emergencies as outlined in this Agreement, the City shall bear the loss
17 or damage to such equipment and shall pay the expenses incurred in the operation and
18 maintenance thereof.
19 (e) In the event that the Cammack Village Volunteer Fire Department applies for
20 state or federal disaster reimbursement funds, or funds from any other source, in connection with
21 fire protection, hazardous materials incident response, and response to emergencies for which the
22 City provided personnel, equipment or services pursuant to this Agreement, Cammack Village
23 Volunteer Fire Department shall include in such request reimbursement for wages, expenses and
24 costs incurred by the City in complying with the terms of this Agreement. Any such funds
[PAGE 7 OF 10]
Resolution
To authorize Agreement for Fire Protection Services and Hazardous Materials Incident Response with the Cammack Village
Volunteer Fire Department
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awarded to the Cammack Village Fire Department that are directly associated with any costs
incurred by the City while acting pursuant to this agreement shall be remitted to the City.
8. COMPENSATION.
The Cammack Village Volunteer Fire Department shall remit Ten Thousand Five
Hundred Dollars ($10,500.00) per annum for the initial term of this agreement, payable in
full within thirty (30) days of execution of this agreement to the City for fire protection
services rendered pursuant to the terms of this Agreement. The Cammack Village
Volunteer Fire Department shall also remit to the City, Ten Thousand Five Hundred
Dollars ($10,500.00) per annum for each year this agreement is extended.
9. LIABILITY.
(a) The Cammack Village Volunteer Fire Department shall reimburse the City for
any costs of litigation incurred by the City pursuant to any claims, administrative matters, or
litigation that arise in conjunction with or as a result of actions of the Cammack Village
Volunteer Fire Department.
(b) The Cammack Village Volunteer Fire Department agrees that it shall not hold the
City liable, nor make any claim for a failure to effectively provide fire suppression, hazardous
materials incident response, or response to emergencies.
(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.
10. EFFECTIVE DATE OF AGREEMENT.
This Agreement shall become effective upon execution by the City Manager of the City
and the Board of Commissioners of the Pulaski County Fire Protection District Number 2,
referred to herein as the Cammack Village Volunteer Fire Department.
11. TERMINATION OF AGREEMENT.
[PAGE 8 OF 101
Resolution
To authorize Agreement for Fire Protection Services and Hazardous Materials Incident Response with the Cammack Village
Volunteer Fire Department
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This Agreement, including any subsequent written modifications signed by both parties,
shall remain in full force and effect for the period of one twelve (12) month period beginning the
1 st day of the month after the effective date of the Agreement. This Agreement may be extended
for five additional twelve month (12) month periods if agreed in writing and signed by the parties
at least thirty (30) days prior to the end of the current twelve (12) month period.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the state of Arkansas.
13. 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 signatures below, the
terms and provisions hereof, constitute valid and enforceable obligations of each.
14. ENTIRE AGREEMENT: MODIFICATION.
This Agreement contains the entire agreement of the parties with respect to the subject
17 matter hereof. All prior or contemporaneous agreements, understandings, and statements, oral or
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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.
15. 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
[PAGE 9 OF 10]
Resolution
To authorize Agreement for Fire Protection Services and Hazardous Materials Incident Response with the Cammack Village
Volunteer Fire Department
I performed by the parties with the same force and effect as if the invalid provision or part had
2 never been a part of this Agreement.
3 16. CONTRACT EXECUTION.
4 This Agreement shall be executed in the original and any number of executed copies.
5 Any copy of this Agreement so executed shall be deemed an original and shall be deemed
6 authentic for any other use.
7 IN WITNESS WHEREOF, this Agreement is hereby executed and approved and is
8 effective and operative as herein provided.
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Bruce T. Moore
City Manager
City of Little Rock
Board Member
Pulaski County Fire Protection District
Number 2
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Resolution
To authorize Agreement for Fire Protection Services and Hazardous Materials Incident Response with the Cammack Village
Volunteer Fire Department