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RESOLUTION NO. 11,239
A RESOLUTION TO AUTHORIZE THE CITY
MANAGER TO ENTER INTO AN
INTERGOVERNMENTAL POLICE SERVICE
ASSISTANCE AGREEMENT WITH THE BOARD
OF- TRUSTEES OF THE UNIVERSITY OF
ARKANSAS REGARDING THE LITTLE ROCK
POLICE DEPARTMENT AND THE UNIVERSITY OF
ARKANSAS AT LITTLE ROCK'S DEPARTMENT OF
PUBLIC SAFETY VOLUNTARILY AIDING AND
ASSISTING EACH OTHER BY THE INTERCHANGE
OF LAW ENFORCEMENT SERVICES WHEN
EMERGENCIES OCCUR.
WHEREAS, the principal law enforcement agency in the City of Little Rock,
Arkansas, is the Little Rock Police Department ( "LRPD "), and
WHEREAS, pursuant to Ark. Code Ann. § 25 -17 -304 (Michie Repl. 1996), the
University of Arkansas at Little Rock ( "UALR ") employs a unit of commissioned law
enforcement officers, who exercise authority and jurisdiction as granted by the laws of
the State of Arkansas, and
WHEREAS, pursuant to Ark. Code Ann. §§ 25 -17- 301 -307 (Michie Repl. 1996),
UALR's Department of Public Safety's ( "DPS ") jurisdiction includes both "real and
personal property owned by, or under the control of the University, and
WHEREAS, "property under the control of the jurisdiction of DPS includes any
property upon which any registered institutional organization is maintained, including,
but not limited to, the houses of any and all registered fraternities and sororities, and
Resolution
UALR Police Service
[Page 1 of 3]
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WHEREAS, pursuant to Ark. Code Ann. § 25 -17 -301 (Michie Repl. 1996), DPS's
jurisdiction also includes "all highways, streets, alleys, and rights -of -way that are
contiguous or adjacent to property owned or controlled by" the University, and
WHEREAS, the City and the University of Arkansas ( "University") are desirous
of obtaining coordinated law enforcement protection during emergencies, whether
developed or threatened, by making the most efficient use possible of the law
enforcement personnel of those jurisdictions, and
WHEREAS, authority is granted for the provision of joint cooperative action
among political subdivisions pursuant to the Interlocal Cooperation Act, codified at
Ark. Code Ann. § 25 -20- 101 -108 (LexisNexis Supp. 2001), and as otherwise provided by
law, and
WHEREAS, the parties to this Agreement believe that it is in the best interest of
the City, the University, and UALR to enter into an agreement to define the
geographical areas and emergency situations in which the parties agree that LRPD will
be deemed to have requested the assistance of DPS, and
WHEREAS, it is desirable that an intergovernmental police service assistance
mutual aid agreement be executed between the City and the University for the
interchange of such mutual aid on a jurisdictional basis.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
Section 1. The City Manager is hereby authorized to enter into an
Intergovernmental Police Service Assistance Agreement with the Board of Trustees of
the University in substantially the form as Exhibit "A" attached to this Resolution for
the interchange of mutual aid between the City and the University pursuant to the
Interlocal Cooperation Act.
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Resolution
UALR Police service
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1 Section 2. Severability. In the event any section, subsection, subdivision,
2 paragraph, subparagraph, item, sentence, clause, phrase, or word of this resolution is
3 declared or adjudged to be invalid or unconstitutional, such declaration or adjudication
4 shall not affect the remaining provisions of this resolution, as if such invalid or
5 unconstitutional provision was not originally a part of this resolution.
6 Section 3. This resolution shall be in full force and effect from and after its
7 adoption.
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ADOPTED: MARCH 5, 2002
ATTEST:
Nanci Wood, ity Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City At mey
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Resolution
UALR Police Service
APPROVED:
Jim0bailey, Mayor
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Exhibit "A"
INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE AGREEMENT
This Agreement is entered into by and between the City of Little Rock, Arkansas ( "the
City ") acting for and on behalf of the Little Rock Police Department ( "LRPD "), and the Board of
Trustees of the University of Arkansas ( "the University "), acting for and on behalf of the
University of Arkansas at Little Rock ( "UALR ") and UALR's Department of Public Safety
( "DPS "), in accordance with the terms, conditions, and mutual understandings herein set forth.
WHEREAS, the principal law enforcement agency in the City of Little Rock, Arkansas,
is the LRPD; and
WHEREAS, pursuant to Ark. Code Ann. § 25 -17 -304 (Michie Repl. 1996), UALR
employs a unit of commissioned law enforcement officers, who exercise authority and
jurisdiction as granted by the laws of the State of Arkansas; and
WHEREAS, pursuant to Ark. Code Ann. §§ 25 -17- 301 -307 (Michie Repl. 1996), DPS's
jurisdiction includes both "real and personal property owned by, or under the control of the
University; and
WHEREAS, the undersigned political subdivisions that are parties to this Agreement
recognize that UALR is located in an urban setting where private property is surrounded by and
interspersed with the University's property; and
WHEREAS, "property under the control of the jurisdiction of DPS includes any
property upon which any registered institutional organization is maintained, including, but not
limited to, the houses of any and all registered fraternities and sororities; and
WHEREAS, pursuant to Ark. Code Ann. § 25 -17 -301 (Michie Repl. 1996), DPS's
jurisdiction also includes "all highways, streets, alleys, and rights -of -way that are contiguous or
adjacent to property owned or controlled by" the University; and
WHEREAS, the undersigned political subdivisions that are parties to this Agreement are
desirous of obtaining coordinated law enforcement protection during emergencies, whether
developed or threatened, by making the most efficient use possible of the law enforcement
personnel of those jurisdictions; and
WHEREAS, authority is granted for the provision of joint cooperative action among
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political subdivisions pursuant to the Interlocal Cooperation Act, codified at Ark. Code Ann. §
25 -20- 101 -108 (LexisNexis Supp. 2001), and as otherwise provided by law; and
WHEREAS, it is desirable that the parties hereto should voluntarily aid and assist each
other by the interchange of law enforcement services when emergencies occur; and
WHEREAS, it is desirable that a mutual aid agreement be executed for the interchange
of such mutual aid on a jurisdictional basis; and
WHEREAS, the parties to this Agreement believe that it is in the best interest of the
City, the University, and UALR to enter into an agreement, as authorized by Ark. Code Ann. §
16 -81 -106 (LexisNexis Supp. 2001), to define the geographical areas and emergency situations
in which the parties agree that LRPD will be deemed to have requested the assistance of DPS.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
undertakings set forth herein, the parties agree as follows:
ARTICLE 1. INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE
This Intergovernmental Police Service Assistance Agreement ( "Agreement') is executed
pursuant to the Interlocal Cooperation Act, codified at Ark. Code Ann. §§ 25 -20- 101 -108
(LexisNexis Supp. 2001).
ARTICLE 2. AUTHORIZATION AND DEFINITIONS
Section 2.01. The parties agree that intergovernmental police service assistance may be
provided among the parties as set forth in this Agreement during those times of emergency
police work when mutual aid would best serve the interests of each political subdivision.
Section 2.02. Emergency. As used herein, "emergency" shall mean an actual or potential
condition within the jurisdiction of the parties to this Agreement that poses an immediate threat
to life or property and that exceeds the resources and ability of the party to successfully bring
the condition under control.
Section 2.03. Responding Party or Responding Agency. As used herein, the phrase
"responding party," or "responding agency" shall mean a law enforcement agency of a party to
this Agreement that is asked to help or assist another law enforcement agency of a party subject
to this Agreement.
Section 2.04 Registered Institutional Organization. As used herein, the phrase
"registered institutional organization" shall mean any organization that meets the criteria under
University policies, rules and regulations for a registered organization and is registered with the
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Office of Campus Life. The Office of Campus Life maintains a current list of registered
institutional organizations.
ARTICLE 3. POWERS AND DUTIES OF ASSISTING PERSONNEL
Section 3.01. DPS shall respond to and investigate all calls for police service originating
from the real and personal property owned by or under the control of the University, including,
but not limited to, any real property upon which any registered institutional organization is
maintained.
Section 3.02. Whenever a DPS officer, acting within the scope of his official duties as a
DPS officer, is on property within the areas described below in Section 3.05 below, which
include within those boundaries described property not owned or operated by the University as
defined by State statute, and the DPS officer reasonably believes it is necessary to act as a law
enforcement officer to protect the health, safety, or welfare of the public, such DPS officer is
hereby authorized to exercise any and all power and authority as may lawfully be exercised by a
LRPD officer until such time as LRPD is able to respond to the situation and determine which
police department should exercise law enforcement authority for the particular situation.
Section 3.03. If a DPS officer is within the area described below in Section 3.05, but not
on property owned or operated by the University as defined by State statute, and observes a
felony or misdemeanor occurring within, contiguous to, or adjacent to the area described in
Section 3.05, this provision of this Agreement shall be deemed a request by LRPD for the DPS
officer to assist LRPD by exercising any and all power and authority as may lawfully be
exercised by a LRPD officer until such time as LRPD is able to respond to the situation and
determine which police department should exercise law enforcement authority for the particular
situation.
Section 3.04. Except as set forth in this Agreement, the jurisdiction of DPS does not
extend to private property not owned or under the control of the University.
Section 3.05. The following described areas form the boundaries subject to this
Agreement:
A. Asher Avenue from Fair Park Boulevard West to University Avenue, including
University Shopping Center;
B. University Avenue North from Asher to 19th Street, including Town and Country
Shopping Center and Broadmoor Shopping Center;
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C. 19th Street east to Filmore Street, then South to 24th Street, then East to Fair Park .
Boulevard;
D. Fair Park Boulevard South to Asher Avenue;
E. Curran Conway Park; and
F. McArthur Park (adjacent to UALR William H. Bowen School of Law).
Section 3.06. In addition to the areas described in Section 3.05, all service drives,
alleyways, and parking lots or any other real or personal property which belong to the University
and which are physically located with the Little Rock city limits shall fall under the jurisdiction
of DPS.
Section 3.07. In addition to the areas described in Section 3.05, DPS is hereby
authorized to exercise any and all power and authority as may lawfully be exercised by an LRPD
officer in the following instances:
A. Any occasion in which a DPS officer is assisting a LRPD officer;
B. During UALR events held off - campus to which DPS personnel have been
assigned by the University; and
C. When an on -duty DPS Officer is traveling between areas of primary
responsibility.
Section 3.08. Nothing in this Agreement shall be interpreted or construed in any way to
restrict or to limit the authority or nature of the jurisdictional authority granted to the University
in Ark. Code Ann. §§ 25 -17- 301 -307 (Michie Repl. 1996) or to the City.
Section 3.09. When a DPS officer is acting under this Agreement, that officer shall have
the same powers, duties, rights, privileges, and immunities as if that officer was performing his
or her duties on University owned property.
Section 3.10. DPS Law enforcement officers who are directed, pursuant to this
Agreement, to perform police or peace duties within the jurisdiction of the City shall have all
powers and authority of police and peace officers as provided by state law, including the power
of arrest.
Section 3.11. In the event of a request for aid in a situation involving mass arrests or the
potential for mass arrests, DPS law enforcement officers shall only make arrests for offenses
directly related to the incident, and may assist in the processing of arrestees as follows:
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A. Identification of arrestees;
B. Control of property obtained from arrestees;
C. Completion of arrest certificates;
D. Transportation of arrestees; and
E. Court duty pertaining to arrests.
Section 3.12. Vehicles, firearms and all equipment furnished for police service assistance
pursuant to this Agreement shall be operated solely by personnel of the political subdivision
furnishing the equipment.
ARTICLE 4. COMMAND AND DIRECTION
Section 4.01. During an emergency, all DPS personnel assigned to work outside their
jurisdiction shall be assigned to report to and work under the direction and supervision of the
designated supervisor of the City's LRPD at the emergency site.
Section 4.02. In any emergency where assistance is provided pursuant to this
Agreement, radio communications shall be established, where possible, through the use of the
local public mutual aid radio system.
Section 4.03. DPS agrees to notify LRPD's communications center promptly of any DPS
action under this Agreement outside of DPS's statutory jurisdiction and to forward a written
report to the City and the LRPD the next business day.
Section 4.04. DPS agrees to honor the primary jurisdiction of the City and the LRPD in
those areas outside the statutory jurisdiction of the University and recognize LRPD's
supervisory authority.
ARTICLE 5. COMPENSATION
Section 5.01. When responding to an emergency as outlined in this Agreement, the
responding agency agrees to be responsible for payment of wages, pension and workers'
compensation benefits payable to the responding agency's own personnel. All individuals shall
retain all pension and disability rights while performing duties in accordance with this
Agreement.
Section 5.02. When responding to an emergency as outlined in this Agreement, the
responding agency will compensate its employees during the time they are rendering aid and
shall defray the actual travel and maintenance expenses of such employees.
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Section 5.03. When responding to an emergency as outlined in this Agreement, the
responding agency which furnished any equipment shall bear the loss or damage to such
equipment and shall pay the expenses incurred in the operation and maintenance thereof.
ARTICLE 6. LIABILITY
Section 6.01. If any claims, administrative matters, or litigation shall arise in conjunction
with or as a result of the responding agency furnishing personnel, equipment, facilities, or
services pursuant to this Agreement, each involved party shall be responsible for its own costs of
litigation.
Section 6.02. If any damage to facilities should occur while the responding agency is
furnishing such facilities pursuant to this Agreement, the responding agency shall be
responsible for the cost of repair or replacement of its own facilities. The parties agree to not
hold any other party liable for such damage.
Section 6.03. This Agreement shall not be construed as or deemed to be an Agreement
for the benefit of any third party or parties, and no third party or parties shall have any right of
action whatsoever hereunder for any cause whatsoever.
Section 6.04. All of the privileges and immunities from liability; exemption from laws,
ordinances, and rules; and all pension insurance, relief, disability, worker's compensation,
salary, death, and other benefits which apply to employees of the City and the University when
the employees are performing their functions within the territorial limits of their respective
employers, shall apply to the same degree, manner, and extent while engaged in the performance
of their functions and duties under this Agreement.
Section 6.05. The parties agree that the City and the LRPD assume no responsibility or
liability for the acts or omissions of DPS and University personnel under the terms of this
Agreement.
Section 6.06. Nothing in this Agreement shall be construed as authorizing a LRPD
officer to violate the rules, regulations, policies, orders, or directions of LRPD or the City.
Nothing in this Agreement shall be construed as authorizing a DPS officer to violate the rules,
regulations, policies, orders, or directions of UALR, the University, the City or the State of
Arkansas.
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ARTICLE 7. CONTACT PERSONS
Section 7.01. Contact Person for the University.
Director of Public Safety
University of Arkansas at Little Rock
Department of Public Safety
2801 S. University
Little Rock, Arkansas 72204 -1099
(501) 569 -3408
Section 7.02. Contact Person for the City.
Chief Lawrence Johnson
Little Rock Police Department
700 West Markham
Little Rock, Arkansas 72201
(501) 371 -4621
ARTICLE 8. ADMINISTRATION OF INTERGOVERNMENTAL
POLICE ASSISTANCE
Section 8.01. A board comprised of one member from the law enforcement agency of
each political subdivision party to this Agreement is hereby created to structure, implement and
coordinate plans for providing intergovernmental police service assistance.
Section 8.02. Each party shall be responsible for maintaining and providing to the other
party on an annual basis an accurate account of its potentially available resources including, but
not limited to, financing and budget information, personnel per shift, equipment, and specialized
units.
Section 8.03. On an annual basis, each party shall develop and update a plan providing
for the effective mobilization of all its resources and facilities to handle any type of emergency.
Section 8.04. A mutual aid operational plan shall be developed by each party to be in
accordance with the provisions of this Agreement. The parties agree on an annual basis to review
and update all mutual aid plans of the parties and to review the provisions of this Agreement.
ARTICLE 9. EFFECTIVE DATE OF AGREEMENT
This Agreement shall become effective as to each party political subdivision when
properly approved by that political subdivision and properly executed and upon a determination
by the Attorney General that the Agreement is in proper form and compatible with the laws of
the State of Arkansas.
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ARTICLE 10. TERMINATION OF AGREEMENT
This Agreement may be terminated at any time for any reason whatsoever without
penalty. Until such termination, this Agreement, including any subsequent modifications in
writing and attached as a part of this Agreement, shall remain in full force and effect as between
the parties until such time that the party desiring to terminate the Agreement, through its elected
board or council, passes a resolution terminating the Agreement; provided that the terminating
party provides a thirty (30) day prior written notice of termination, addressed to the appropriate
designated Contact Person indicated in Article 7.
ARTICLE 11. MISCELLANEOUS.
Section 11.01. Governing Law. This Agreement is governed by the laws of the state of
Arkansas.
Section 11.02. The University, UALR and DPS agree to comply with all applicable
federal, state and local laws, regulations, and ordinances. The University, UALR and DPS
further agree to comply with the requirements of the Americans with Disabilities Act and
the Equal Employment Opportunity Act, and regulations promulgated thereunder.
Section 11.03. Authority to Execute Agreement. The officials who executed this
Agreement hereby represent and warrant that they have full and complete authority to execute
the Agreement, and that by their signatures below, the terms and provisions hereof,
constitute valid and enforceable obligations of each.
Section 11.04. Copies Same as Original. This Agreement shall be executed in the
original, and 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 11.05. Agreement Binding. The terms of this Agreement shall be binding upon
the parties hereto, their respective heirs, executors, administrators, successors and assignees.
Section 11.06. Entire Agreement. This Agreement and the documents referenced or
incorporated herein contain the complete and entire agreement of the parties respecting the
transactions contemplated herein, and supersede all prior negotiations, agreements,
representations, and understandings, if any, among the parties regarding such matters.
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Section 11.07. The parties acknowledge and agree that they have all had an opportunity
to participate fully and equally in the drafting and construction of this Agreement and that the
rule that contracts are construed against the drafter does not apply in the construction of this
Agreement.
Section 11.08. Captions. All captions contained in this Agreement are inserted only as a
matter of convenience and in no way define, limit or extend the scope or intent of this
Agreement.
Section 11.09. Modification. This Agreement shall remain in full force and effect unless
otherwise modified in writing and approved in writing by both parties hereto. Any such
modification shall be attached to, and made a part of, this Agreement.
Section 11.10. Independent Contractor. It is expressly agreed that the University,
UALR and DPS are acting as independent contractors in performing the services specified
herein. The City shall carry no workers' compensation insurance, health or accident insurance
to cover the University, UALR or DPS, or the University's, UALR's or DPS's employees, for
any type of loss which might result to the University, UALR or DPS, or the University's,
UALR's or DPS's employees, in connection with the performance of the services set forth in
this Agreement. The City shall not pay any contribution to Social Security, unemployment
insurance, federal or state withholding taxes, nor provide any other contributions or benefits
which might otherwise be expected in an employer - employee relationship, it being specifically
agreed that the University, UALR and DPS are not acting herein as employees of the City, but
shall, at all times, and in all respects, have the rights and liabilities of an independent contractor.
Section 11.11. Severability. In the event any section, subsection, subdivision, paragraph,
subparagraph, item, sentence, clause, phrase, or word of this Agreement is declared or
adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the
remaining provisions of the Agreement, as if such invalid or unconstitutional provision was
not originally a part of the Agreement.
Section 11.12. Failure of the City to enforce at any time any of the provisions of this
Agreement shall in no way be construed to be a waiver of such provisions, nor in any way to
affect the validity of this Agreement, or any part thereof, or the right of the City to thereafter
enforce each and every such provision.
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IN WITNESS WHEREOF, the parties have signed this Agreement on the dates
indicated below.
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BOARD OF TRUSTEES OF THE
UNIVERSITY OF ARKANSAS
ACTING FOR AND ON BEHALF OF
THE UNIVERSITY OF ARKANSAS
AT LITTLE ROCK
CHARLES E. HATHAWAY, Chancellor
University of Arkansas at Little Rock
DATE:
CY CARNEY, City Manager
City of Little Rock
DATE:
ATTEST:
Nancy Wood
City Clerk
DATE:
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Attorney
By:
Beth Blevins Carpenter
Deputy City Attorney
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