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RESOLUTION NO. 10,168
M M M
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH THE LITTLE .
ROCK HOUSING AUTHORITY FOR TWO POLICE
OFFICERS TO PATROL HOUSING AUTHORITY
DEVELOPMENTS.
WHEREAS, the Police Department is seeking accreditation for Law Enforcement
Agencies, Inc. (CALEA); and
WHEREAS, this process requires the department to evaluate and update all existing
contracts for police services and make the necessary changes to comply with standards
established by the Commission; and
WHEREAS, the existing contract was initiated between the Police Department and
Housing Authority in 1993; and
WHEREAS, the contract has been updated with current information regarding the
salary of the two officers and sections added to address modifications, records, insurance
review and revision, use of equipment and facilities, authority to execute agreement,
governing law and independent contractor status.
WHEREAS, the Housing Authority reimburses the City for the full salary and
benefits of two (2) police officers; and
WHEREAS, these officers exclusively patrol eight (8) Housing Authority properties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The City Manager is authorized to enter into a contract with the Little
Rock Housing Authority for two police officers to patrol Housing Authority developments.
SECTION 2. Reimbursements for 1998 are estimated at $91,470.
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SECTION 3. This resolution shall be in full force and effect from and after its
adoption.
ADOPTED: January 6, 1998
ATTEST:
ROBBIE HAN OCK
CITY CLERK
APPROVED AS TO FORM:
THOMAS M. CARPENA
CITY ATTORNEY
APPROVED:
D�
JIfWDAILEY
MAYOR
Draft 12 -15 -97
CONTRACT
THE CITY OF LITTLE ROCK, ARKANSAS ( "City "), a municipal corporation
organized under the laws of the state of Arkansas, and the LITTLE ROCK HOUSING
AUTHORITY ( "Housing Authority "), a public body corporate and political organized
under the laws of the state of Arkansas, enter into this Agreement this day of
, 1997.
WITNESSETH:
WHEREAS, the City provides police protection to the City of Little Rock; and
WHEREAS, the Housing Authority has requested additional police patrols in
those developments owned and maintained by the Housing Authority; and
WHEREAS, it is the desire of both the City and the Housing Authority that the
Housing Authority reimburse the City for these additional police patrols; and
WHEREAS, the parties desire to enter into an agreement to provide additional
police officers to specifically patrol the development areas owned and operated by the
Housing Authority; and
WHEREAS, these police officers will be in addition to those patrols which the City
is obligated to provide under the cooperation agreement with the City.
NOW, THEREFORE, BE IT AGREED BY THE PARTIES AS FOLLOWS:
ARTICLE 1.
TERM / TERMINATION AND CONSIDERATION.
Section 101. Term / Termination.
A. The initial term of this Agreement shall be for twelve (12) months from the
last date of signature of both parties. Absent termination by one of the parties hereto, this
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Agreement may be renewed for additional twelve (12) month periods upon mutual
agreement of the parties. In the event either party desires not to renew this Agreement for
an additional twelve (12) month period, the non - renewing party shall give ninety (90) days'
prior written notice of intent not to renew the Agreement to the appropriate contact person
listed in Article III of this Agreement. If no such written notice is given, this Agreement
shall automatically renew for an additional twelve (12) month term.
B. This Agreement, and all performances and obligations required hereunder,
may be terminated by the parties hereto at any time, with or without cause, provided that the
terminating party provides the other party with written notice of termination ninety (90)
days prior to the date of termination.
Section 102. Reimbursement.
A. For and in consideration of the covenants set forth herein, the Housing
Authority agrees to reimburse the City in the amount of $91,462.90, representing two (2)
full year salaries based upon the 1998 salary level for two (2) police officers to patrol
Housing Authority developments for the initial twelve (12) month term. As this amount
equals two (2) full year salaries, such amount will be paid prorata for the remainder of 1997
based upon a 261 work day year with appropriate holiday pay disbursements. Payment shall
be on an incremental basis with each increment to represent a prorata proportion of the
whole based upon monthly or bi- weekly payments, in the discretion of the City. Increases
in salary payments paid by the City to the police officers during the course of this
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Agreement, including increased health insurance premiums, shall be paid by the Housing
Authority, subject to the Housing Authority receiving reasonable notice of such increase.
B. In the event that additional funding becomes available, the City may, at the
same cost and pursuant to the same terms and conditions as stated herein, provide additional
officers to the extent of such funding. The City shall bear the cost of radios, transportation
and any ancillary support costs for the officers provided under this Agreement.
ARTICLE II.
SERVICES.
Section 201. Services of the City.
The City shall provide two (2) certified law enforcement officers and ancillary
support equipment for patrol in areas jointly designated by the Housing Authority and the
City. The City shall consult with the Housing Authority regarding work schedules for the
two (2) officers. The officers shall at all times be under the direction and control of the City
of Little Rock, not the Housing Authority. The City shall have sole authority on all matters
pertaining to the use of the officers in Housing Authority developments.
Section 202. Services of the Housing Authority.
The Housing Authority shall provide a separate contact person to discuss the day -to-
day operations and any questions which the officers might have in the Housing Authority
developments.
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ARTICLE III.
CONTACT PERSONS.
Section 301. Contact Person for the City.
David Rowan, Assistant Chief, Little Rock Police Department, 700 West Markham,
Little Rock, Arkansas 72201, (501) 371-4621.
Section 302. Contact Person for the Housing Authority_.
Lee Jones, Executive Director, Housing Authority of the City of Little Rock, 1000
Wolfe Street, Little Rock, Arkansas 72202, (501) 340 -4821.
Section 303. Notices provided under this Agreement shall be given by first -class
mail or personal service to the contact persons listed in this Article III.
ARTICLE IV.
INDEMNITY.
The Housing Authority agrees to indemnify, defend and hold the City harmless from
and against any and all losses, liability and expenses, defense costs and legal fees, and any
and all claims for damages of any nature whatsoever including, but not limited to, bodily
injury, death, personal injury or property damage that arise, or are claimed to have arisen,
directly or indirectly from activities done at the direction of the Housing Authority during
the performance of services under this Agreement.
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Draft 12 -15 -97
ARTICLE V.
INSURANCE.
The City is a governmental entity, duly organized under the laws of the state of
Arkansas, and as such relies on tort immunity. Accordingly, additional insurance shall not
be required of the City as a condition of this Agreement.
ARTICLE VI.
ASSIGNMENT AND SUBCONTRACTING.
This Agreement, and the performance of services required hereunder, shall not be
assigned or subcontracted by either party without the prior written consent of the other
ply.
ARTICLE VII.
INDEPENDENT CONTRACTOR.
Nothing contained in this Agreement shall be deemed or construed to create an
employment relationship between the City, or any officer provided under this Agreement,
and the Housing Authority. The officers provided under this Agreement shall at all times
be and remain employees of the City of Little Rock. The City shall, at all times, and in all
respects, have the rights and liabilities of an independent contractor.
ARTICLE VIII.
AGREEMENT MODIFICATIONS.
thereto.
Any modifications to this Agreement shall be in writing, signed by all parties
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ARTICLE IX.
RECORDS.
The City shall maintain all financial and employment records concerning the
performance of services by the City under this Agreement.
ARTICLE X.
REVIEW AND REVISION OF AGREEMENT.
The parties shall jointly conduct an annual review of this Agreement. At the time
of said annual review, the parties may make revisions to the Agreement that both parties
deem necessary or desirable. Any such revisions shall be in writing, executed by the City and
the Housing Authority and attached to this Agreement.
ARTICLE XI.
MISCELLANEOUS.
Section 1101. This Agreement is Governed by the laws of the state of Arkansas.
Section 1102. This Agreement shall be executed in the original and in any number
of executed copies. Any copy of this Agreement so executed shall be deemed an original
and shall be deemed authentic for any other use.
Section 1103. The parties who have executed this Agreement hereby represent and
warrant that they have full and complete authority to act on behalf of the City and the
Housing Authority, respectively, and by their signatures below the terms and provisions
hereof have constituted valid and enforceable obligations of each.
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Section 1104. The terms of this Agreement shall be binding upon the parties hereto,
their respective heirs, executors, administrators, successors and assignees.
WHEREFORE, the parties have hereunto affixed their hands and seals this
day of , 1997.
CITY OF LITTLE ROCK, ARKANSAS
Cy Carney
Acting City Manager
Date:
ATTEST:
Robbie Hancock
City Clerk
APPROVED:
Thomas M. Carpenter
City Attorney
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LITTLE ROCK HOUSING
AUTHORITY
Lee Jones
Executive Director
Date: