RESOLUTION NO. 2018- 02
A RESOLUTION AUTHORIZING CERTAIN CITY OFFICIALS TO
EXECUTE A CONTRACT FOR FIRE PROTECTION SERVICES BETWEEN THE CITY OF JOHNSON AND THE JOHNSON AREA
VOLUNTEER FIRE DEPARTMENT
WHEREAS, there exists a need to exhibit the City of Johnson's support for the Johnson Area Volunteer Fire Department, and,
WHEREAS, the Johnson Area Volunteer Fire Department and the City have purchased equipment, obtained grants and taken various steps to enable the residents of Johnson to benefit from the lower ISO rating, and,
WHEREAS, the Deputy Legislative Auditor requires documentation in the form of a written contract to support the financial assistance to the Volunteer Fire Department by the City, and,
WHEREAS, the Johnson Area Volunteer Fire Department has provided valuable services to the City and to the citizens of Johnson in years past and evidences its intent to continue to provide these services,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JOHNSON, ARKANSAS, that
1. The Mayor and Recorder-Treasurer of Johnson, Arkansas, are hereby authorized to execute the Fire Protection Agreement with the Johnson Area Volunteer Fire Department to secure to the City and its inhabitants the benefits set forth in such Agreement (as attached hereto) for the term of such Agreement.
2. That the Mayor and Recorder-Treasurer are hereby authorized to make the payments called for in such Agreement as they become due from the general fund.
PASSED AND APPROVED this 9th day of January, 2018.
FIRE PROTECTION AGREEMENT
This Agreement is entered into this day of 9th day of January 2018, by and between the City of Johnson, Arkansas, hereinafter called "Johnson" and the Johnson Area Volunteer Fire Department, hereinafter called "Department", for the uses, purposes and mutual considerations herein set forth.
1. PURPOSE. Recognizing that the Department mans, equips, trains and maintains an organized combination (volunteer/employee) fire department, and recognizing that Johnson does not provide for itself organized fire protection through its own department, the parties hereto enter into this agreement for the purpose of the Department providing fire, rescue, and medical assistance to Johnson for the consideration mentioned herein.
2. TERM. The term of this Agreement shall be for the period beginning on the 1st day of January, 2018, and expiring on the 31st day of December, 2018, unless termination shall occur sooner as provided herein.
3. RIGHTS AND RESPONSIBILITIES OF THE PARTIES. The rights and responsibilities of the respective parties shall be as follows:
a) The Department, during the term of this contract, shall provide fire protection, rescue services and medical services, machinery and equipment, training of personnel, and the personnel necessary for their operation to combat fires, provide emergency medical assistance and conduct rescues with regard to all buildings, fields, and properties within the City and those owned by or under the control of the City of Johnson, Arkansas, including all roadways, rights of way, trails, parks and other public areas within the City of Johnson, Arkansas.
b) The Department will provide a minimum of two (2) firefighters on duty from 7:30 a.m. until 10:30 p.m., Monday through Friday and twelve (12) hours on each Saturday and each Sunday with the times to be determined as circumstances may require, in addition to other personnel as needed/required.
c) The Department's response, and the parameters thereof, to any emergency located within Johnson, shall be determined by the Fire Chief of the Department or his designee, and that such response shall be necessary and appropriate to the existent solution.
d) Johnson shall pay to the Department the sum of Twenty-Four Thousand, Three Hundred, Seventy-Five Dollars ($24,375.00) per month during the effective term of this Agreement as consideration for the covenants contained herein. The sum shall be payable on or before the 15t h of each month. Failure to pay said sums in a timely manner will, at the option of the Department, cause cancellation of this contract upon written notice as provided herein. The Department will provide to Johnson on a monthly basis a detailed payroll accounting report to include, but not necessarily limited to payees, hours worked and amount paid.
e) The City of Johnson may cause to be paid over to the Department any funds to which Johnson is or may become entitled during the term of this agreement as a result of Acts of Arkansas, Act 833 of 1991.
4. LIABILITY/HOLD HARMLESS. To the extent of any contracts or Agreements between the City of Johnson and the Arkansas Municipal League, Johnson shall indemnify the Department, its officers, agents, employees and volunteers, and hold it harmless against and from all claims, demands, actions, and rights of action which shall or may arise by virtue of anything done or omitted by the Department as a result of this agreement, provided such claims shall arise as a result of any action taken by the Department pursuant to and in accordance with this
Agreement.
All properly trained members of the Department engaged in performance of the rights and responsibilities contained herein shall be considered to be acting within the scope of their authority and in discharge of their duties, and shall not lose or forfeit any right or benefit in rank, pay, disability or retirement payments, or benefits as a result of performance under this contract.
The Johnson Area Volunteer Fire Department, its officers, agents, members, employees and volunteers shall indemnify Johnson, its officers, agents and employees and hold harmless Johnson against and from all claims, demands, actions and rights of action which shall or may arise by virtue of anything done or omitted as a result of the performance or non-performance of this agreement by the Department, its officers, agents, members, employees or volunteers.
5. TERMINATION. This Contract may be terminated prior to the expiration of its term upon any of the following events:
Non-payment of the consideration as set forth in Paragraph 3(d) hereinabove. Upon Johnson's failure to appropriate sufficient funds to pay the consideration as set forth herein. By Johnson upon fifteen (15) days written notice to the Department that the City Council of Johnson has failed to ratify this Agreement. By either party, without cause, upon ninety (90) days written notice to the other party as required herein. Upon Johnson forming, by acquisition or otherwise, a municipal fire department and giving thirty (30) days written notice to the Department.
6. MODIFICATIONS. Any modification to this contract shall be in writing, signed by the appropriate officials of the respective parties, and shall be accompanied by a Resolution of the governing bodies of Johnson and the Johnson Area Volunteer Fire Department authorizing such modification.
7. NOTICES. All notices required by this Agreement shall be sent by certified mail, return receipt requested, to:
City of Johnson, Arkansas Attn: Mayor
P.O. Box 563 Johnson, AR 72741
Johnson Area Volunteer Fire Department Attn: Matt Mills
5810 S. Cardwell
Fayetteville, AR 72704
This Agreement shall become effective upon the adoption of an appropriate Resolution authorizing such agreement by the governing bodies of the City of Johnson and the Johnson Area Volunteer Fire Department and upon the execution hereof by the appropriate officials of the parties. IN WITNESS WHEREOF, this contract has been executed on the date first above written.
ATTESTED: