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Home My WebLink About165-09 RESOLUTIONRESOLUTION NO. 165-09 A RESOLUTION APPROVING A MUTUAL AID POLICE PROTECTION AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF ROGERS, 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 Rogers, Arkansas. A copy of the Agreement is attached hereto as Exhibit "A," and made a part hereof. PASSED and APPROVED this 4th day of August, 2009. APPROVED: B ATTEST: By: • erk/Tre F• ,\ Y °p,• c• s<\ 1:731 maid v • :FAYETTEVILLE: 649 ° r Mutual Aid Police Protection Agreement This Agreement, by and between the City of Rogers, 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: 1. Introduction A. The City of Rogers 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. 11. Requests for the Rogers Police Department A. During natural or man-made disasters or temporary manpower shortages associated with specific events, the City of Rogers 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 Rogers 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 Rogers that would necessitate such action, the City of Rogers reserves the right to refuse to respond to any request for mutual aid when, in the opinion of the City Administrator (Mayor) of Rogers 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 Rogers; additionally, the City of Rogers 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 Rogers 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 Rogers . C. The City of Fayetteville must sign or have previously signed a Mutual Aid Police Protection Agreement with the City of Rogers Ill. Supervision and Control of Officers on Loan to the City of Fayetteville A. Officers from the Rogers 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 Rogers officers, will be retained by the City of Rogers and the Rogers Police Department. Rogers 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 Rogers Police Department. IV. Requests by the Rogers 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 Rogers 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 Rogers 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 Rogers 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 Rogers A. Officers from the Fayetteville Police Department that are temporarily assigned to the Rogers Police Department under mutual aid police protection provisions are subject to the same rules, regulations, and supervisory commands as Rogers Police Department officers. They will possess the same powers, rights and immunities as Rogers 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 Rogers 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 Rogers 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 00) days' notice in writing to the other municipality through the Chief of each respective Police Department. Witness our hands this City of ROGERS day of 009 City of Fayetteville ROGE, Arkansas Fayetteville, Arkansas By: Att Mayor City Clerk, ROGERS ` `',IIINrrrt11f7ppf77111/ry�/rr 4 4411 Attest: City Clerk, Fayetteville 1/4011 Greg Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/4/2009 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 Rogers, Arkansas. $0 Cost of this request Account Number Project Number Category / Project Budget Program Category / Project Narne Funds Used to Date Program 1 Project Category Name Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached DepartnCIrmtor Date f itfa City Attorney Date 7-2_1-2607 Finance and Internal Services Director Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office 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 14, 2009 Re: Mutual Aid Agreement Recommendation: Staff seeks approval to enter into a Mutual Aid Police Protection agreement with the City of Rogers, 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 ROGERS, 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 Rogers, Arkansas. A copy of the Agreement is attached hereto as Exhibit "A," and made a part hereof. PASSED and APPROVED this 4th day of August, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer