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HomeMy WebLinkAbout154-09 RESOLUTIONRESOLUTION NO. 154-09 A RESOLUTION APPROVING A MUTUAL AID POLICE PROTECTION AGREEMENT.... BETWEEN... THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF SPRINGDALE, ARKANSAS. 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 between the City of Fayetteville, Arkansas and the City of Springdale, Arkansas. A copy of the Agreement is attached hereto as Exhibit "A," and made a part hereof. PASSED and APPROVED this 21St day of July, 2009. APPROVED: IO LD JO - , Mayor ATTEST: By: CO : FAYETTEVILLE& ° s �J a d5-1 � e/►a SONDRA E. SMITH, City Clerk/Treasurer Greg Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/21/2009 City Council Meeting Date Agenda Items Only Police Division Action Required: Police Department Council approve a mutual aid police protection agreement with the City of Springdale, Arkansas. $0 Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budget Adjustment Attached Departme City Attorney C Finance and Internal Services Director Ch f of St- Previous Ordinance or Resolution # Date Original Contract Date: Date " 7 - 7469 Date � a Date ?/"e Date Original Contract Number: Received in Mayor's Office Comments: Revised January 15, 2009 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT To: Mayor Lioneld Jordan and City Council From: Greg Tabor, Chief of Police Date: July 1st, 2009 Re: Mutual Aid Agreement Recommendation: Staff seeks approval to enter into a Mutual Aid Police Protection agreement with the City of Springdale, Arkansas. Background: The Fayetteville Police Department desires to obtain formal agreements with area law enforcement agencies regarding mutual aid for police protection. Discussion: A mutual aid agreement with other law enforcement agencies would be for times of emergency situations or temporary manpower shortages associated with special events. The Fayetteville Police Department recently entered into a similar agreement with the City of Fort Smith. Budget Impact: None FAYETTEVILLE POLICE DEPARTMENT 100-A WEST ROCK STREET FAYETTEVILLE, AR 72701 DELIVERIES: 100-A WEST ROCK STREET 72701 PHONE: (479) 587-3555 FAX: (479) 587-3522 RESOLUTION NO. A RESOLUTION APPROVING A MUTUAL AID POLICE PROTECTION AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF SPRINGDALE, ARKANSAS. 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 between the City of Fayetteville, Arkansas and the City of Springdale, Arkansas. A copy of the Agreement is attached hereto as Exhibit "A," and made a part hereof. PASSED and APPROVED this 2ls` day of July, 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 Springdale, 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 Springdale 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 Springdale Police Department A. During natural or man-made disasters or temporary manpower shortages associated with specific events, the City of Springdale 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 Springdale 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 theduration 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 Springdale that would necessitate such action, the City of Springdale reserves the right to refuse to respond to any request for mutual aid when, in the opinion of the City Administrator (Mayor) of Springdale 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 Springdale; additionally, the City of Springdale 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 (Mayor) of Springdale or 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 Springdale . C. The City of Fayetteville must sign or have previously signed a Police Protection Agreement with the City of Springdale III. Supervision and Control of Officers on Loan to the City of Fayetteville A. Officers from the Springdale 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 Springdale officers, will be retained by the City of Springdale and the Springdale Police Department. Springdale 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 Springdale Police Department. IV. Requests by the Springdale 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 Springdale 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 Springdale 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 Springdale 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 Springdale A. Officers from the Fayetteville Police Department that are temporarily assign to the Springdale Police Department under mutual aid police protection provisions are subject to the same rules, regulations, and supervisory commands as Springdale Police Department officers. They will possess the same powers, rights and immunities as Springdale 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. VL 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 Springdale 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 Springdale Police Department officers the statewide arrest powers authorized by A.C.A. § 16-81-106(e)(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 Bold 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 writ the other municipality through the Chief of each respective Police Department. Witness our hands this Jit day of u , 2009 City of Springdale Springdale, Arkansas By: Attest: City Clerk, Springdale City of Fayetteville Fayetteville, Arkansas B ayor Attest: City Clerk, Fayetteville Mutual Aid Police Protection Agreement This Agreement, by and between the City of Springdale, 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 Springdale 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. IL Requests for the Springdale Police Department A. During natural or man-made disasters or temporary manpower shortages associated with specific events, the City of Springdale 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 Springdale 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 Springdale that would necessitate such action, the City of Springdale reserves the right to refuse to respond to any request for mutual aid when, in the opinion of the City Administrator (Mayor) of Springdale 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 Springdale; additionally, the City of Springdale 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 (Mayor) of Springdale or 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 Springdale . C. The City of Fayetteville must sign or have previously signed a Mutual Aid Police Protection Agreement with the City of Springdale III. Supervision and Control of Officers on Loan to the City of Fayetteville A. Officers from the Springdale 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 Springdale officers, will be retained by the City of Springdale and the Springdale Police Department. Springdale 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 Springdale Police Department. IV. Requests by the Springdale 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 Springdale 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 Springdale 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 Springdale 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 Springdale A. Officers from the Fayetteville Police Department that are temporarily assigned to the Springdale Police Department under mutual aid police protection provisions are subject to the same rules, regulations, and supervisory commands as Springdale Police Department officers. They will possess the same powers, rights and immunities as Springdale 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 Springdale 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 Springdale 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 411 day of J City of Springdale Springdale, Arkansas .\ By: d211/!..., J., • Ma or 4 Attest: City Clerk, Springdale Q/Y.t .aft , 2009 City of Fayetteville Fayetteville, Arkansas Attest: City Clerk, Fayetteville R�TREq �•, /,...• •G\ Y OF •• C.\ �0• • n • : FAYETfEVILLE;