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13-09 RESOLUTION
RESOLUTION 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 Pagel of! Clarice Pearman - Mutual Aid Agreement From: Clarice Pearman To: Risley, Tracey Date: 1.21.09 12:49 PM Subject: Mutual Aid Agreement Tracey: I have the Mutual Aid Agreement passed by the City Council however the agreement is not signed by Fort Smith. Please let me know when you could get me a signed agreement to continue processing of this item. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us file:HC:\Documents%20and%20Settings\epearman.000\Local%20Settings\Temp\XPgrpwise\497719F3FA... 1.21.09 Page 1 of 1 Clarice Pearman - Re: Mutual Aid Agreement From: Clarice Pearman To: Risley, Tracey Date: 1.21.09 3:18 PM Subject: Re: Mutual Aid Agreement You may pick it up or I can put it in your mail box down stairs. Thanks for your help. Clarice From: Tracey Risley To: Pearman, Clarice Date: 1.21.09 2:04 PM Subject: Re: Mutual Aid Agreement Thanks and I'll get to work on it. Do you need me to come and pick up that agreement?? Just let me know which one you prefer. Have a good evening. Tracey Risley Deputy Chief - Administration Fayetteville, AR. Police Dept. 479-587-3500 479-587-3522 (Fax) trisley@ci.thyetteville.ar.us >>> Clarice Pearman 1/21/2009 12:49 pm >>> Tracey: I have the Mutual Aid Agreement passed by the City Council however the agreement is not signed by Fort Smith. Please let me know when you could get me a signed agreement to continue processing of this item. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us file://C:\Documents%20and%20 Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49773 CDEF... 1.21.09 Page 1 of 1 Clarice Pearman - Re: Mutual Aid Agreement From: Clarice Pearman To: Risley, Tracey Date: 1.21.09 3:18 PM Subject: Re: Mutual Aid Agreement You may pick it up or I can put it in your mail box down stairs. Thanks for your help. Clarice Just let me know which one you prefer. Have a good evening. From: Tracey Risley To: Pearman, Clarice Date: 1.21.09 2:04 PM Subject: Re: Mutual Aid Agreement Thanks and I'll get to work on it. Do you need me to come and pick up that agreement?? Tracey Risley Deputy Chief - Administration Fayetteville, AR. Police Dept. 479-587-3500 479-587-3522 (Fax) trisley@ci.fayetteville.ar.us >>> Clarice Pearman 1/21/2009 12:49 pm >>> Tracey: I have the Mutual Aid Agreement passed by the City Council however the agreement is not signed by Fort Smith. Please let me know when you could get me a signed agreement to continue processing of this item. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us file: //C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49773 CDEF... 1.21.09 (1.21.09) Clarice Pearman - Fwd: Mutual Aid Agreement Page 1 From: Rob Turberville To: Pearman, Clarice Date: 1.21.09 2:13 PM Subject: Fwd: Mutual Aid Agreement Attachments: Mutual Aid FSM FYTVL approved (2).doc Clarice, Chief Risley sent me your message. I should have brought this up before the agreement was signed. I believe both cities will need to retain a signed copy of the agreement. As such, I've attached another copy of the document. If we can get them both signed by the mayor and city Berk, I will make sure Ft Smith gets them and sends us back a signed version.... Lt. Rob Turberville Fayetteville Police Dept 479/587-3500 rtu rbe ryi l l e (aci.fayettevi l l e. a r. u s >>> Tracey Risley 1/21/2009 2:08 PM >>> Tracey Risley Deputy Chief - Administration Fayetteville, AR. Police Dept. 479-587-3500 479-587-3522 (Fax) trislevpd. favettevil le.ar.us >>> Clarice Pearman 1/21/2009 12:49 pm >>> Tracey: I have the Mutual Aid Agreement passed by the City Council however the agreement is not signed by Fort Smith, Please let me know when you could get me a signed agreement to continue processing of this item. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479.575-8309 coearmanc ci.favetteville.ar.us Page 1 of! Clarice Pearman - Mutual Aid Agreement From: Clarice Pearman To: Turberville, Rob Date: 1.21.09 3:56 PM Subject: Mutual Aid Agreement CC: Risley, Tracey Attachments: Risley, Tracey Rob: I am attaching the Mutual Aid Agreement with changes I made. I have added the following changes: I entered the date and I also included both mayors' names and the same with the city clerks. I have printed the agreement on bond paper for archiving and put them in your interoffice mailbox. Please get the signatures of the Fort Smith mayor and city clerk. I need these signatures before I can finish processing this item. Thank you for your assistance. Have a good evening. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 479-575-8309 cpearman@ci.fayetteville.ar.us file: //C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49774598FA... 1.21.09 Page 1 of 1 Clarice Pearman - Mutual Aid Agreement From: Clarice Pearman To: Turberville, Rob Date: 1.21.09 3:56 PM Subject: Mutual Aid Agreement CC: Risley, Tracey Attachments: Risley, Tracey Rob: I am attaching the Mutual Aid Agreement with changes I made. I have added the following changes: I entered the date and I also included both mayorsnames and the same with the city clerks. I have printed the agreement on bond paper for archiving and put them in your interoffice mailbox. Please get the signatures of the Fort Smith mayor and city clerk. I need these signatures before I can finish processing this item. Thank you for your assistance. Have a good evening. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 479-575-8309 cpearman@ci.fayetteville.ar.us file: //C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49774598FA... 1.21.09 (1.23.09) Clarice Pearman - Re: Mutual Aid Agreement Page 1 From: Rob Turberville To: Pearman, Clarice Date: 1.23.09 1:40 PM Subject: Re: Mutual Aid Agreement Clarice, Ft Smith's new city administrator has thrown a wrench into the plans we agreed upon with their police department. At this time, I'm not sure what the final agreement, if any, will be. Chief Tabor is presently speaking with Chief Lindsey about it. I will retain the copies you sent me until I learn further and will keep you posted. Rob >>> dance Pearman 1/21/2009 3:56 PM >>> Rob: I am attaching the Mutual Aid Agreement with changes I made. I have added the following changes: I entered the date and I also included both mayors' names and the same with the city clerks. I have printed the agreement on bond paper for archiving and put them in your interoffice mailbox. Please get the signatures of the Fort Smith mayor and city clerk. I need these signatures before I can finish processing this item. Thank you for your assistance. Have a good evening. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 479-575-8309 coearman@ci.fayettevil le.ar-us From: Rob Turberville To: Pearman, Clarice Date: 2.4.09 11:01 AM Subject: Fwd: RE: Mutual Aid Attachments: Mutual Aid FSM FYTVL approved (2).doc Clarice, The message at the bottom is what I found out since leaving your office and I sent to Ft Smith Police Department. The below is his reply. I've attached the amended version of the agreement. If we do as he has suggested, we will only need one copy printed on bonded paper. Let me know if this is not acceptable. Sorry for the confusion!! >>> "Cobb, George" <Don.Cobb(tFortsmithod.org> 2/4/2009 10:45 AM >>> I don't have one yet. If you will make one then I can make one. Each person signs their respective copy and that copy gets mailed. You will then receive one with our signature and we will receive one with your signature. Then that copy is signed and everyone has their own signed copy. Sound good? Thanks, Cobb -----Original Message From: Rob Turberville rmailto:Turberville(dci.fayetteville.ar.us1 Sent: Wednesday, February 04, 2009 10:25 AM To: Cobb, George Subject: Mutual Aid Our city attorney believes the amended version of the agreement is still good. He thinks he can get the mayor to sign off on it without having to go back before council, which I would not be able to do until March 3. That being said, do you have an "official" document already made up and signed on your end? I would think we need two such documents, one for each city. If you haven't yet made the official versions for signatures, I can do that. If you have them already to go, can you send them to me for signatures on our end and I'll send you a completed version? Lt. Rob Turberville Fayetteville Police Dept 479/587-3500 rtu rberville©&ci.favettevi Ile. ar. us From: Rob Turberville To: Pearman, Clarice Date: 2.3.09 2:10 PM Subject: Re: Mutual Aid Agreement Clarice, The city administrator in Ft Smith looked at the language in the agreement each department/city attorney had agreed on. He didn't like the "special events" section and ordered it taken out of the agreement right before it was to go his council for approval. My counterpart in Ft Smith told him it would have to be put on hold until we could get on the same page. He was ordered not to bother to tell us about the change. So, on the night Fayetteville's city council approved the agreement, Ft Smith's council approved the amended agreement. Kit and Chief Tabor decided the change in wording wasn't a big deal but that we would have to bring it back before council again. I have prepared the paperwork to have that done and forwarded to Chief Tabor. I would suggest you hold off on trying to print out a copy on bonded paper. Although I haven't confirmed it, I assumed Ft Smith already has a good copy made out for each city to sign. I will keep you informed. Rob >>> Clarice Pearman 1/23/2009 2:19 PM >>> Thanks, Rob. I will put your email with the unsigned agenda item so we will know what's up. Please keep in touch regarding this matter. Have a good weekend. Clarice From: Rob Turberville To:Peannan, Clarice Date: 1.23.09 1:40 PM Subject: Re: Mutual Aid Agreement Clarice, Ft Smith's new city administrator has thrown a wrench into the plans we agreed upon with their police department. At this time, I'm not sure what the final agreement, if any, will be. Chief Tabor is presently speaking with Chief Lindsey about it. I will retain the copies you sent me until I learn further and will keep you posted. >>> Clarice Pearman 1/21/2009 3:56 PM >>> Rob: I am attaching the Mutual Aid Agreement with changes I made. I have added the following changes: I entered the date and I also Included both mayors' names and the same with the city clerks. I have printed the agreement on bond paper for archiving and put them in your interoffice mailbox. Please get the signatures of the Fort Smith mayor and city clerk. I need these signatures before I can finish processing this item. Thank you for your assistance. Have a good evening. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 479-575-8309 coearmanCctci favetteville ar. us Page 1 of 2 Clarice Pearman - Fwd: Re: Mutual Aid Agrmt w/Ft. Smith From: Sondra Smith To: Pearman, Clarice Date: 2.5.09 1:02 PM Subject: Fwd: Re: Mutual Aid Agrmt w/Ft. Smith CC: Turberville, Rob Attachments: Turberville, Rob Clarice and Rob As long as we have this memo from Kit we are good to go. We still can not process the resolution or contract until after the February 17, 2009 deadline that Kit has in his memo for the Council to respond. Clarice please check with Kit on February 18, 2009 to see if he received feedback from the Council. Thanks! Sondra E. Smith, CAMC, CMC City Clerk/Treasurer City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 ssmith@ci.fayetteville.ar.us >>> Clarice Pearman 2/5/2009 10:29 AM >>> Sondra: I am forwarding you the email and attachment) received from Rob Turberville regarding the agreement Ft. Smith Police Department. Please let me know if this will cover what we talked last evening. Have a good day. Clarice From: Rob Turberville To: Pearman, Clarice Date: 2.5.09 9:58 AM Subject: Re: Mutual Aid Agrmt w/Ft. Smith Clarice, I've attached a letter Kit sent out to Mayor Jordan, the council members and Chief Tabor. See if this will meet Sondra's concerns... >>> Clarice Pearman 2/5/2009 9:48 AM >>> Rob: I talked with Sondra regarding this agreement. She would like for it to go through staff review to review the revised agreement since it is not the one the Council approved at the meeting. A paper trail of what is going on and with Kit's signature okaying it would cover bases. So hopefully you didn't destroy your staff review form. If you have questions feel free to call Sondra. Have a good day. Thanks. Clarice file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\498AE37BFA... 2.5.09 Page 2 of 2 Clarice Buffalohead-Pearman, CMC, C'IMC City Clerk/Treasurer Division 479-575-8309 �pearmaq@ci.fayetteville.ar.us file://C:\Documents%20and%20 Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\498AE3 7BFA... 2.5.09 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 Greg.Tabor, Police Chief FROM: Kit Williams, City Attorney DATE: February2, 2009 RE: Mutual Aid Police Protection Agreement The Fort Smith City Administrator demanded that the Mutual Aid Police Protection Agreement that the Fort Smith Police Department had negotiated with our police department be changed. You had approved the agreement as presented. by both police departments. The Fort Smith City Administrator required the. deletion of "temporary manpower shortages associated with specific events" from the agreement. Thus, the agreement approved by the Fort Smith Board of Directors only allowed assistance "during natural or man-made disasters ...." Although this was initiated largely because of Bikes, Blues and Barbeque (a specific event where we need more police presence), the agreement is still worthwhile even with the deletion demanded: by Fort Smith. Unless I hear differently from any alderman by February 17th, I shall ask Mayor Jordan to sign the agreement as revised by Fort Smith. If any alderman believes this should come back to the City Council for review, further consideration, rejection or otherwise, please notify my office by February 17`h and we will return it to a City Council meeting for further debate. 2.18.09) Clarice Pearman - Fwd: Re: Mutual Aid Page ifi From: Rob Turberville To: Pearman, Clarice Date: 2.18.09 4:31 PM Subject: Fwd: Re: Mutual Aid Clarice, I sent the below message to Kit Williams and his reply is below as well. You can check with Sondra but I think we can go ahead and print out a copy of the "revised" agreement for signature. Rob >>> Kit Williams 2/18/2009 4:20 PM >>> I have heard nothing from the City Council. Kit Williams, Fayetteville City Attorney (479) 575-8313 FAX (479) 575-8315 113 West Mountain Fayetteville, AR 72701 >>> Rob Turberville 02/18/09 7:54 AM >>> In your letter to the mayor and council, you asked for any response by 2/17/2009 on the mutual aid agreement with Ft Smith. Did you get any negative response? If not, I'd like to ask Clarice to prepare a copy for signature. 2.19.09 Clarice Pearman - Fwd: Re: Mutual Aid Page 1 From: Sondra Smith To: Pearman, Clarice Date: 2.18.09 7:32 PM Subject: Fwd: Re: Mutual Aid Attachments: Sondra Smith.vcf CC: Williams, Kit If Kit approves it you can get it signed. Thanks! Sondra E. Smith CAMC, CMC City Clerk/Treasurer City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 ssmith@ci.fayettevifle.ar.us >>> Clarice Pearman 2/18/2009 6:17 PM >>> Sondra: Attached is an email I received from Rob Turberville regarding the Mutual Aid Agreement with Ft. Smith to attach to Res. 13-09. Please let me know if you are okay with getting this signed. Have a good evening. Thanks. Clarice From: Rob Turberville To:Pearman, Clarice Date: 2.18.09 4:31 PM Subject: Fwd: Re: Mutual Aid Clarice, I sent the below message to Kit Williams and his reply is below as well. You can check with Sondra but I think we can go ahead and print out a copy of the "revised" agreement for signature. >>> pt Williams 2/18/2009 4:20 PM »> I have heard nothing from the City Council. Kit Williams, Fayetteville City Attorney (479) 575-8313 FAX (479) 575-8315 113 West Mountain Fayetteville, AR 72701 >>> Rob Turberville 02/18/09 7:54 AM >>> In your letter to the mayor and council, you asked for any response by 2/17/2009 on the mutual aid agreement with Ft Smith. Did you get any negative response? If not, I'd like to ask Clarice to prepare a copy for signature. (2.19.09 Clarice Pearman - Re: Ft. Smith Mutual Aid Agreement Page 1 From: Kit Williams To: Pearman, Clarice Date: 2.19.09 10:50 AM Subject: Re: Ft. Smith Mutual Aid Agreement I have received no response from the City Council so I believe that we are ready to sign the slightly amended agreement. Kit Williams, Fayetteville City Attorney (479) 575-8313 FAX (479) 575-8315 113 West Mountain Fayetteville, AR 72701 >>> Clarice Pearman 02/19/09 10:03 AM >>> Kit: Have you received any negative response to your memo to the Mayor, City Council and Greg Tabor dated February 2, 2009 regarding Res. 13-09, Mutual Aid Police Protection Agreement with Ft. Smith. Please let me know if this item is ready for signature. Have a good day. Clarice (.1.0 Clarice Pearman - Fwd: Re: Mutual Aid Page 1 From: Kit Williams To: Pearman, Clarice; Smith, Sondra Date: 2.19.09 5:32 PM Subject: Fwd: Re: Mutual Aid Yes, it is okay to sign it. Kit Williams, Fayetteville City Attorney (479) 575-8313 FAX (479) 575-8315 113 West Mountain Fayetteville, AR 72701 >>> Sondra Smith 02/18/09 7:32 PM >>> If Kit approves it you can get it signed. Thanks! Sondra E. Smith CAMC, CMC City Clerk/Treasurer City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 ssmithCalci.fayetteville.a r.us >>> Clarice Pearman 2/18/2009 6:17 PM >>> Sondra: Attached is an email I received from Rob Turberville regarding the Mutual Aid Agreement with Ft. Smith to attach to Res. 13-09. Please let me know if you are okay with getting this signed. Have a good evening. Thanks. Clarice From: Rob Turberville To:Pearman, Clarice Date: 2.18.09 4:31 PM Subject: Fwd: Re: Mutual Aid Clarice, I sent the below message to Kit Williams and his reply is below as well. You can check with Sondra but I think we can go ahead and print out a copy of the "revised" agreement for signature. Rob >>> Kit Williams 2/18/2009 4:20 PM >>> I have heard nothing from the City Council. Kit Williams, Fayetteville City Attorney (479) 575-8313 FAX (479) 575-8315 113 West Mountain Fayetteville, AR 72701 From: Rob Turberville To: Pearman, Clarice Date: 3.3.09 12:05 PM Subject: Re: Res. 13-09 Clarice, I spoke with my counterpart in Ft Smith today, he said he mailed a signed copy of the agreement this morning. When I get it, I'll bring it up... Turbo >>> Clarice Pearman 3/2/2009 4:20 PM >>> Rob: Just following up on this resolution's agreement with Ft. Smith for a Mutual Aid Police Protection Agreement. Please let me know what the status is. Have a good evening. Thanks. Clarice Page 1 of 1 Clarice Pearman - Res. 13-09 From: Clarice Pearman To: Turberville, Rob Date: 3.2.09 4:20 PM Subject: Res. 13-09 Rob: Just following up on this resolution's agreement with Ft. Smith for a Mutual Aid Police Protection Agreement. Please let me know what the status is. Have a good evening. Thanks. Clarice r file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49AC0768FA... 3.2.09 Mutual Aid Police Protection Agreement cement, by and between the City of Fort Smith, Arkansas, and t1j C ' insas, in accordance with A.C.A. § 16-81-106 et seq., to secure and provide for v� " ice protection through the use of properly trained and equipped police officers, ,..uivaralu m 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 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 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. 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 ofArkansas 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 day of City of Fort Smith Fort Smith, Arkansas BY: MAYOR Jam, 2009 City of Fayetteville Attest: City Clerk, Fort Smith Attesj� City Clerk, `',•• GttY 0t •O i • .�ct� a * FAYETfEVILLE: