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HomeMy WebLinkAbout13-09 RESOLUTIONRESOLUTION NO. 13-09 A RESOLUTION TO APPROVE A MUTUAL AID POLICE PROTECTION AGREEMENT WITH FORT SMITH. WHEREAS, the Fayetteville Police Department recommends that the City enter into a Mutual Aid Police Protection Agreement with Fort Smith to clothe our officers with normal police powers while working in Fort Smith and to clothe Fort Smith police officers with the same normal police powers when called for assistance to Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a Mutual Aid Police Protection Agreement with Fort Smith as attached as Exhibit A and authorizes Mayor Jordan to execute this agreement PASSED and APPROVED this 20i° day of January, 2009. APPROVED: ATTEST: By • ELD J !is i AN, Mayor PSONDRA E SMITH, City Clerk/Treasurer �.�`i°RK%TR m`' et'�., t.'\SY .................. •. <I? 1. FAYETTEVILLE: �� -4;A:GTON cit° By: p�v""""�"' RESOLUTION NO. K -8- 09 A. RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERCOVERMENTAL POLICE SERVICE ASSISTANCE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF FORT SMITH, ARKANSAS BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS THAT: Section 1: Pursuant to authority granted by Arkansas Code Annotated sections 25-20-101 et seq., the Mutual Aid Police Protection Agreement between the City of Fort Smith and the City of Fayetteville, which shall be substantially in the form attached hereto, is hereby approved and provides for the terms, conditions, and mutual understandings for provision of law enforcement services between the two parties in their respective jurisdictions. Section 2: The Mayor, his signature being attested by the City Clerk, is hereby authorized to execute this Mutual Aid Police Protection Agreement to which the City of Fort Smith, Arkansas, is one of the parties, regarding coordination with the City of Fayetteville, Arkansas in accordance with the interlocal Cooperation Act. THIS RESOLUTION ADOPTED this 20th day of January, 2009. DROVED; ATTEST: CITY CLER Approved as to form a3 F yev, (le_ 6 Mutual Aid Police Protection Agreement This Agreement, by and between the City of Fort Smith, Arkansas, and the City of Fayetteville, Arkansas, in accordance with A.C.A. § 16-81-106 et seq., to secure and provide for each adequate police protection through the use of properly trained and equipped police officers, mutual aid in police protection, and protection of life and property. It is agreed that: I. Introduction A. The City of Fort Smith and the City of Fayetteville recognize and acknowledge that, at times, emergency situations arise that require additional manpower and resources beyond which the respective law enforcement agency for each City can provide. It is dunng such times that it may be prudent and necessary to request additional manpower or assistance from other law enforcement agencies. II Requests for the Fort Smith Police Department A. During natural or man-made disasters the City of Fort Smith will provide assistance to the City of Fayetteville according to the guidelines as set forth in this Mutual Aid Police Protection Agreement. Requests for mutual aid must be made in writing by the Fayetteville Police Department Chief of Police, or by his or her authorized designee Any request for aid under this Agreement will include a statement of the amount and type of equipment and personnel requested, and will specify the location to which the equipment and personnel are to be dispatched; however, the amount of and type of equipment and number of personnel to be furnished will be determined by the officer in charge of the responding organization. B. The Fort Smith Police Department Chief of Police will decide what resources are available to the requesting agency and will authorize the level of response to be provided, as well as the duration of aid to be provided. This response may include, but is not limited to, manpower, vehicles, equipment or other police resources. In the event that an exigent situation should arise within the jurisdiction of the City of Fort Smith that would necessitate such action, the City of Fort Smith reserves the right to refuse to respond to any request for mutual aid when, in the opinion of the City Administrator of Fort Smith or of its Chief of Police, responding to such a request would jeopardize municipal property or would endanger the lives or property of the citizens of the City of Fort Smith; additionally, the City of Fort Smith reserves the right to recall immediately any or all of the manpower, vehicles, equipment or other police resources on loan to another agency, if, in the opinion of the City Administrator of Fort Smith or of its Chief of Police, that to do otherwise would jeopardize municipal property or would endanger the hves or property of the citizens of the City of Fort Smith. C. The City of Fayetteville must sign or have previously signed a Mutual Aid Police Protection Agreement with the City of Fort Smith. III. Supervision and Control of Officers on Loan to the City of Fayetteville A. Officers from the Fort Smith Police Department that are temporarily assigned to the Fayetteville Police Department under mutual aid police protection provisions are subject to the same rules, regulations, and supervisory commands as Fayetteville Police Department officers. They will possess the same powers, rights and immunities as Fayetteville Police Department officers. B. Personnel and administrative control, including compensation of Fort Smith officers, will be retained by the City of Fort Smith and the Fort Smith Police Department. Fort Smith police officers will be entitled to worker's compensation and other benefits to which they would be entitled were they functioning within the normal course and scope of the duties with the Fort Smith Police Department. IV. Requests by the Fort Smith Police Department A. During natural or man-made disasters the City of Fayetteville will provide assistance to the City of Fort Smith according to the guidelines as set forth in this Mutual Aid Police Protection Agreement. Requests for mutual aid must be made in wnting by the Fort Smith Police Department Chief of Police, or by his or her authorized designee Any request for aid under this Agreement will include a statement of the amount and type of equipment and personnel requested, and will specify the location to which the equipment and personnel are to be dispatched; however, the amount of and type of equipment and number of personnel to be funushed will be determined by the officer in charge of the responding organization. B. The Fayetteville Police Department Chief of Police will decide what resources are available to the requesting agency and will authorize the level of response to be provided, as well as the duration of aid to be provided. This response may include, but is not limited to, manpower, vehicles, equipment or other police resources In the event that an exigent situation should arise within the jurisdiction of the City of Fayetteville that would necessitate such action, the City of Fayetteville reserves the right to refuse to respond to any request for mutual aid when, in the opinion of the Mayor of Fayetteville or of its Chief of Police, responding to such a request would .jeopardize municipal property or would endanger the lives or property of the citizens of the City of Fayetteville, additionally, the City of Fayetteville reserves the right to recall immediately any or all of the manpower, vehicles, equipment or other police resources on loan to another agency, if, in the opinion of the Mayor of Fayetteville or of its Chief of Police, that to do otherwise would ,jeopardize municipal property or would endanger the lives or property of the citizens of the City of Fayetteville. C. The City of Fort Smith must sign or have previously signed a Mutual Aid Police Protection Agreement with the City of Fayetteville. V. Supervision and Control of Officers on Loan to the City of Fort Smith A. Officers from the Fayetteville Police Department that are temporarily assigned to the Fort Smith Police Department under mutual aid police protection provisions are subject to the same rules, regulations, and supervisory commands as Fort Smith Police Department officers. They will possess the same powers, rights and immunities as Fort Smith Police Department officers. B. Personnel and administrative control, including compensation of Fayetteville Police Department officers, will be retained by the City of Fayetteville and the Fayetteville Police Department. Fayetteville police officers will be entitled to worker's compensation and other benefits to which they would be entitled were they functioning within the normal course and scope of the duties with the Fayetteville Police Department. VI. Mutual Aid Police Protection Agreement A. Pursuant to Act 846 of 1989, codified at A.C.A. § 16-81-106 et. seq., the City of Fort Smith and the City of Fayetteville, having each created police departments and having employed police officers of these respective municipalities that are sworn to enforce the laws of this state and their individual jurisdictions, do hereby enter into this MUTUAL AID POLICE PROTECTION AGREEMENT as allowed by Act 846 and their individual municipal policies. This Mutual Aid Police Protection Agreement shall be construed to grant to Fayetteville Police Department officers and Fort Smith Police Department officers the statewide arrest powers authorized by A.C.A. § 16-81-106(c)(3) while working pursuant to this Agreement within the jurisdiction of the requesting city B. In the event of claims for injury or other loss said to be the result of acts or omissions by an officer, or officers, providing assistance pursuant to this Mutual Aid Police Protection Agreement, the agency and municipality providing such assistance shall provide a legal defense for and shall hold harmless the receiving agency, its officer(s), and municipality from and against all such claims. Both cities assert their sovereign immunity and neither waives it as a consequence of the above language. This hold harmless agreement is subject to the limitations of Arkansas law and such agreement is not intended to inure to the benefit of any third party nor should it be interpreted as a basis for municipal liability for which the municipality is otherwise immune under Arkansas law. C. This MUTUAL AID POLICE PROTECTION AGREEMENT may be reviewed annually. Should any paragraph or part of this MUTUAL AID POLICE PROTECTION AGREEMENT be found unconstitutional or unlawful, the remainder shall remain in full force and effect. D. This Agreement is in effect from its date of approval by the governing bodies of each municipality, and will remain in effect until cancellation in writing by one or both parties. E Either party may terminate this agreement upon ten (10) days' notice in writing to the other municipality through the Chief of each respective Police Department. Witness our hands this 0\20 day of City of Fort Smith Fort Smith, Arkansas Attest: City Clerk, Fort Smith 2009 City of Fayetteville Fayetteville Arkansas YOR • : FAYETTEVILLE : Attes • City Clerk, Fayette ' le =;9cs •9qk tiss j4 �� tANG oN CCD:" ,,,, ARKANSAS Cindy Remler, CMC/AAE City Clerk 623 Garrison Avenue • P.O. Box 1908 Fort Smith, Arkansas 72902 (479) 784-2208 • FAX (479) 784-2256 e-mail: cremler@fsark.com Mutual Aid Police Protection Agreement ! atte t v //e (6 This Agreement, by and between the City of Fort Smith, Arkansas, and the City of Fayetteville, Arkansas, in accordance with A.C.A. § 16-81-106 et seq., to secure and provide for each adequate police protection through the use of properly trained and equipped police officers, mutual aid in police protection, and protection of life and property. It is agreed that: I. Introduction A. The City of Fort Smith and the City of Fayetteville recognize and acknowledge that, at times, emergency situations arise that require additional manpower and resources beyond which the respective law enforcement agency for each City can provide. It is during such times that it may be prudent and necessary to request additional manpower or assistance from other law enforcement agencies. II. Requests for the Fort Smith Police Department A. During natural or man-made disasters the City of Fort Smith will provide assistance to the City of Fayetteville according to the guidelines as set forth in this Mutual Aid Police Protection Agreement. Requests for mutual aid must be made in writing by the Fayetteville Police Department Chief of Police, or by his or her authorized designee. Any request for aid under this Agreement will include a statement of the amount and type of equipment and personnel requested, and will specify the location to which the equipment and personnel are to be dispatched; however, the amount of and type of equipment and number of personnel to be furnished will be determined by the officer in charge of the responding organization. B. The Fort Smith Police Department Chief of Police will decide what resources are available to the requesting agency and will authorize the level of response to be provided, as well as the duration of aid to be provided. This response may include, but is not limited to, manpower, vehicles, equipment or other police resources. In the event that an exigent situation should arise within the jurisdiction of the City of Fort Smith that would necessitate such action, the City of Fort Smith reserves the right to refuse to respond to any request for mutual aid when, in the opinion of the City Administrator of Fort Smithor of its Chief of Police, responding to such a request would jeopardize municipal property or would endanger the lives or property of the citizens of the City of Fort Smith; additionally, the City of Fort Smith reserves the right to recall immediately any or all of the manpower, vehicles, equipment or other police resources on loan to another agency, if, in the. opinion of the City Administrator of Fort Smith or of its Chief of Police, that to do otherwise would jeopardize municipal property or would endanger the lives or property of the citizens of the City of Fort Smith. The City of Fayetteville must sign or have previously signed a Mutual Aid Police Protection Agreement with the City of Fort Smith. III. Supervision and Control of Officers on Loan to the City of Fayetteville A. Officers from the Fort Smith Police Department that are temporarily assigned to the Fayetteville Police Department under mutual aid police protection provisions are subject to the same rules, regulations, and supervisory commands as Fayetteville Police Department officers. They will possess the same powers, rights and immunities as Fayetteville Police Department officers. B. Personnel and administrative control, including compensation of Fort Smith officers, will be retained by the City of Fort Smith and the Fort Smith Police Department. Fort Smith police officers will be entitled to worker's compensation and other benefits to which they would be entitled were they functioning within the normal course and scope of the duties with the Fort Smith Police Department. IV. Requests by the Fort Smith Police Department A. During natural or man-made disasters the City of Fayetteville will provide assistance to the City of Fort Smith according to the guidelines as set forth in this Mutual Aid Police Protection Agreement. Requests for mutual aid must be made in writing by the Fort Smith Police Department Chief of Police, or by his or her authorized designee. Any request for aid under this Agreement will include a statement of the amount and type of equipment and personnel requested, and will specify the location to which the equipment and personnel are to be dispatched; however, the amount of and type of equipment and number of personnel to be furnished will be determined by the officer in charge of the responding organization. B. The Fayetteville Police Department Chief of Police will decide what resources are available to the requesting agency and will authorize the level of response to be provided, as well as the duration of aid to be provided This response may include, but is not limited to, manpower, vehicles, equipment or other police resources In the event that an exigent situation should arise within the jurisdiction of the City of Fayetteville that would necessitate such action, the City of Fayetteville reserves the right to refuse to respond to any request for mutual aid when, in the opinion of the Mayor of Fayetteville or of its Chief of Police, responding to such a request would jeopardize municipal property or would endanger the lives or property of the citizens of the City of Fayetteville; additionally, the City of Fayetteville reserves the right to recall immediately any or all of the manpower, vehicles, equipment or other police resources on loan to another agency, if, in the opinion of the Mayor of Fayetteville or of its Chief of Police, that to do otherwise would jeopardize municipal property or would endanger the lives or property of the citizens of the City of Fayetteville. The City of Fort Smith must sign or have previously signed a Mutual Aid Police Protection Agreement with the City of Fayetteville. V. Supervision and Control of Officers on Loan to the City of Fort Smith A. Officers from the Fayetteville Police Department that are temporanly assigned to the Fort Smith Police Department under mutual aid police protection provisions are subject to the same rules, regulations, and supervisory commands as Fort Smith Police Department officers. They will possess the same powers, rights and immunities as Fort Smith Police Department officers. B. Personnel and administrative control, including compensation of Fayetteville Police Department officers, will be retained by the City of Fayetteville and the Fayetteville Police Department. Fayetteville police officers will be entitled to worker's compensation and other benefits to which they would be entitled were they functioning within the normal course and scope of the duties with the Fayetteville Police Department. VI. Mutual Aid Police Protection Agreement A. Pursuant to Act 846 of 1989, codified at A.C.A. § 16-81-106 et. seq. the City of Fort Smith and the City of Fayetteville, having eachcreated police departments and having employed police officers of these respective municipalities that are sworn to enforce the laws of this state and their individual jurisdictions, do hereby enter into this MUTUAL AID POLICE PROTECTION AGREEMENT as allowed by Act 846 and their individual municipal policies. This Mutual Aid Police Protection Agreement shall be construed to grant to Fayetteville Police Department officers and Fort Smith Police Department officers the statewide arrest powers authorized by A.C.A. § 16-81-106(c)(3) while working pursuant to this Agreement within the jurisdiction of the requesting city. B. In the event of claims for injury or other loss said to be the result of acts or omissions by an officer, or officers, providing assistance pursuant to this Mutual Aid Police Protection Agreement, the agency and municipality providing such assistance shall provide a legal defense for and shall hold harmless the receiving agency, its officer(s), and municipality from and against all such claims. Both cities assert their sovereign immunity and neither waives it as a consequence of the above language. This hold harmless agreement is subject to the limitations of Arkansas law and such agreement is not intended to inure to the benefit of any third party nor should it be interpreted as a basis for municipal liability for which the municipality is otherwise immune under Arkansas law. This MUTUAL AID POLICE PROTECTION AGREEMENT may be reviewed annually. Should any paragraph or part of this MUTUAL AID POLICE PROTECTION AGREEMENT be found unconstitutional or unlawful, the remainder shall remain in full force and effect. D. This Agreement is in effect from its date of approval by the governing bodies of each municipality, and will remain in effect until cancellation in writing by one or both parties. E Either party may terminate this agreement upon ten (10) days' notice in writing to the other municipality through the Chief of each respective Police Department. Witness our hands this 0? City of Fort Smith Fort Smith, Arkansas day of L%l"./i • , 2009 City Clerk, Fort Smith City of Fayetteville Fayetteville Arkansas YOR Attes• City Clerk, Fayette CL t e 2 Tracey Risley Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 1 - 90108) City Council Meeting Date Police Division Action Required: 12-65 /Zo/oy 13 -09 S4141541 mea. 114 AtritArivit Police Department Contract review staff approve a mutual aid agreement for police protection. $0 Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category / Project Name Program / Project Category Name Fund Name Date Finance -nd Internal Service Director M- or Date t - z—ocr Date ate Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: CP Received in City Clerk's Office j 1--1-0°I 4 Received in Mayor's Office Comments: FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT To: Mayor Lioneld Jordan and Contract Review Staff From: Tracey Risley, Deputy Chief of Policel7-_ Date: January 2, 2009 Re: Mutual Aid Agreement Recommendation: Staff seeks approval to enter into a Mutual Aid agreement with the City of Fort Smith. Background: The Fayetteville Police Department currently has no formal agreement with other agencies regarding mutual aid. Discussion: The Fayetteville Police Department desires to enter into a mutual aid police protection agreement for times of emergency situations or temporary manpower shortages associated with special events. Budget Impact: None FAYETTEVILLE POLICE DEPARTMENT 100-A WEST ROCK STREET FAYETTEVILLE. AR 72701 (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 PHONE: 479.587.3555 FAX: 479.587.3522 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO. Lioneld Jordan, Mayor City Council CC: Greg Tabor, Interim Chief of Police Tracey Risley, Assistant Chief of Police Lt. Rob Turberville FROM: Kit Williams, City Attorney DATE: January 2, 2009 RE• Mutual Aid Police Protection Agreement With Fort Smith The police departments of Fayetteville and Fort Smith (with assistance of the ,:legal departments of both cities) have been working on this mutual aid agreement for over a year. This agreement would allow Fort Smith officers assisting us in Fayetteville with the power to arrest an offender in Fayetteville. It also allows a Fayetteville officer assisting in Fort Smith to have the power to arrest there. These arrest powers are granted only if cities have a mutual aid agreement pursuant to A.C.A. §16-81-106 (c)(3): "Statewide arrest powers for certified law enforcement officers will only be in effect when the officer is working outside his jurisdiction at the request of or with the permission of the municipal or county law enforcement agency having jurisdiction in the locale where the officer is assisting or working by request. "(4) Any law enforcement agency exercising statewide arrest powers under this section must have a written policy on file regulating the actions of its employees relevant to law enforcement activities outside its jurisdiction." Because this proposed mutual aid agreement could result in Fayetteville police resources sometimes being committed to Fort Smith and its Jurisdiction, I believe the City Council needs to be aware of and agree to this plan before it is entered into by our City. We have already confirmed with our liability insurance carrier that they would continue to cover our Fayetteville police officers who would be working in Fort Smith pursuant to this agreement (at no increase in premium for the City of Fayetteville). In order to authorize our officers to use the full normal police powers if they are needed to work in Fort Smith, we need to approve this agreement. Both cities reserve the right not to respond for a request for assistance. Furthermore, the mayor and police chief can recall its city's loaned police officers and equipment immediately if they conclude that danger to the lives or property of the citizens or municipal property necessitates such recall. The police department may propose further similar agreements with other Arkansas cities in the future. RESOLUTION NO. A RESOLUTION TO APPROVE A MUTUAL AID POLICE PROTECTION AGREEMENT WITH FORT SMITH WHEREAS, the Fayetteville Police Department recommends that .the City enter into a Mutual Aid Police Protection Agreement with Fort Smith to clothe .our officers with normal police powers while working in Fort Smith and to clothe Fort Smith police officers with the same normal police powers when called for assistance to Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a Mutual Aid Police Protection Agreement with Fort Smith as attached as exhibit A and authorizes Mayor Jordan to execute this agreement PASSED and APPROVED this 20`h day of January, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Mutual Aid Police Protection Agreement This Agreement, by and between the City of Fort Smith, Arkansas, and the City of Fayetteville, Arkansas, in accordance with A.C.A. § 16-81-106 et seq., to secure and provide for each adequate police protection through the use of properly trained and equipped police officers, mutual aid in police protection, and protection of life and property. It is agreed that: I. Introduction A. The City of Fort Smith and the City of Fayetteville recognize and acknowledge that, at times, emergency situations or temporary manpower shortages associated with specific events arise that require additional manpower and resources beyond which the respective law enforcement agency for each City can provide. It is during such times that it may be prudent and necessary to request additional manpower or assistance from other law enforcement agencies. II. Requests for the Fort Smith Police Department A. During natural or man-made disasters or temporary manpower shortages associated with specific events, the City of Fort Smith will provide assistance to the City of Fayetteville according to the guidelines as set forth in this Mutual Aid Police Protection Agreement. Requests for mutual aid must be made in writing by the Fayetteville Police Department Chief of Police, or by his or her authorized designee. Any request for aid under this Agreement will include a statement of the amount and type of equipment and personnel requested, and will specify the location to which the equipment and personnel are to be dispatched; however, the amount of and type of equipment and number of personnel to be furnished will be determined by the officer in charge of the responding organization. B. The Fort Smith Police Department Chief of Police will decide what resources are available to the requesting agency and will authorize the level of response to be provided, as well as the duration of aid to be provided. This response may include, but is not limited to, manpower, vehicles, equipment or other police resources. In the event that an exigent situation should arise within the jurisdiction of the City of Fort Smith that would necessitate such action, the City of Fort Smith reserves the right to refuse to respond to any request for mutual aid when, in the opinion of the City Administrator of Fort Smith or of its Chief of Police, responding to such a request would jeopardize municipal property or would endanger the lives or property of the citizens of the City of Fort Smith; additionally, the City of Fort Smith reserves the right to recall immediately any or all of the manpower, vehicles, equipment or other police resources on loan to another agency, if, in the opinion of the City Administrator of Fort Smith or of its Chief of Police, that to do otherwise would jeopardize municipal property or would endanger the lives or property of the citizens of the City of Fort Smith. C. The City of Fayetteville must sign or have previously signed a Mutual Aid Police Protection Agreement with the City of Fort Smith. III Supervision and Control of Officers on Loan to the City of Fayetteville A. Officers from the Fort Smith police Department that are temporarily assigned to the Fayetteville Police Department under mutual aid police protection provisions are subject to the same rules, regulations, and supervisory commands as Fayetteville Police Department officers. They will possess the same powers, rights and immunities as Fayetteville Police Department officers. B. Personnel and administrative control, including compensation of Fort Smith officers, will be retained by the City of Fort Smith and the Fort Smith Police Department. Fort Smith police officers will be entitled to worker's compensation and other benefits to which they would be entitled were they functioning within the normal course and scope of the duties with the Fort Smith Police Department. • IV. Requests by the Fort Smith Police Department A. During natural or man-made disasters or temporary manpower shortages associated with specific events, the City of Fayetteville will provide assistance to the City of Fort Smith according to the guidelines as set forth in this Mutual Aid Police Protection Agreement. Requests for mutual aid must be made in writing by the Fort Smith Police Department Chief of Police, or by his or her authorized designee. Any request for aid under this Agreement will include a statement of the amount and type of equipment and personnel requested, and will specify the location to which the equipment and personnel are to be dispatched; however, the amount of and type of equipment and number of personnel to be furnished will be determined by the officer in charge of the responding organization. B. The Fayetteville Police Department Chief of Police will decide what resources are available to the requesting agency and will authorize the level of response to be provided, as well as the duration of aid to be provided. This response may include, but is not limited to, manpower, vehicles, equipment or other police resources In the event that an exigent situation should arise within the jurisdiction of the City of Fayetteville that would necessitate such action, the City of Fayetteville reserves the right to refuse to respond to any request for mutual aid when, in the opinion of the Mayor of Fayetteville or of its Chief of Police, responding to such a request would jeopardize municipal property or would endanger the lives or property of the citizens of the City of Fayetteville; additionally, the City of Fayetteville reserves the right to recall immediately any or all of the manpower, vehicles, equipment or other police resources on loan to another agency, if, in the opinion of the Mayor of Fayetteville or of its Chief of Police, that to do otherwise would jeopardize municipal property or would endanger the lives or property of the citizens of the City of Fayetteville. C. The City of Fort Smith must sign or have previously signed a Mutual Aid Police Protection Agreement with the City of Fayetteville. V. Supervision and Control of Officers on Loan to the City of Fort Smith A. Officers from the Fayetteville Police Department that are temporarily assigned to the Fort Smith Police Department under mutual aid police protection provisions are subject to the same rules, regulations, and supervisory commands as Fort Smith Police Department officers. They will possess the same powers, rights and immunities as Fort Smith Police Department officers. Personnel and administrative control, including compensation of Fayetteville Police Department officers, will be retained by the City of Fayetteville and the Fayetteville Police Department. Fayetteville police officers will be entitled to worker's compensation and other benefits to which they would be entitled were they functioning within the normal course and scope of the duties with the Fayetteville Police Department. VI. Mutual Aid Police Protection Agreement A. Pursuant to Act 846 of 1989, codified at A.C.A. § 16-81-106 et. seq., the City of Fort Smith and the City of Fayetteville, having each created police departments and having employed police officers of these respective municipalities that are sworn to enforce the laws of this state and their individual jurisdictions, do hereby enter into this MUTUAL AID POLICE PROTECTION AGREEMENT as allowed by Act 846 and their individual municipal policies. This Mutual Aid Police Protection Agreement shall be construed to grant to Fayetteville Police Department officers and Fort Smith Police Department officers the statewide arrest powers authorized by A.C.A. § 16-81-106(c)(3) while working pursuant to this Agreement within the jurisdiction of the requesting city. B. In the event of claims for injury or other loss said to be the result of acts or omissions by an officer, or officers, providing assistance pursuant to this Mutual Aid Police Protection Agreement, the agency and municipality providing such assistance shall provide a legal defense for and shall hold harmless the receiving agency, its officer(s), and municipality from and against all such claims. Both cities assert their sovereign immunity and neither waives it as a consequence of the above language. This hold harmless agreement is subject to the limitations of Arkansas law and such agreement is not intended to inure to the benefit of any third party nor should it be interpreted as a basis for municipal liability for which the municipality is otherwise immune under Arkansas law. This MUTUAL AID POLICE PROTECTION AGREEMENT may be reviewed annually. Should any paragraph or part of this MUTUAL AID POLICE PROTECTION AGREEMENT be found unconstitutional or unlawful, the remainder shall remain in full force and effect. This Agreement is in effect from its date of approval by the governing bodies of each municipality, and will remain in effect until cancellation in writing by one or both parties. E. Either party may terminate this agreement upon ten (10) days' notice in writing to the other municipality through the Chief of each respective Police Department. Witness our hands this ] day of \\Wf)tt1iI�, 2009 City of Fort Smith City of Fayetteville Fort Smith, Arkansas Fayetteville, Arkansas BY: BY: MAYOR MAYOR Attest: City Clerk, Fort Smith Attest: City Clerk, Fayetteville