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113860 0 I RESOLUTION NO. 11.386 2 3 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 4 EXECUTE AN INTERGOVERNMENTAL POLICE SERVICES 5 ASSISTANCE AGREEMENT BETWEEN THE POLICE AGENCIES 6 IN PULASKI COUNTY, ARKANSAS; AND FOR OTHER 7 PURPOSES. s 9 WHEREAS, the Pulaski County Sheriff's Office and the police agencies in the 10 cities of North Little Rock, Sherwood, Maumelle, Jacksonville and Little Rock have I1 worked jointly for some time to draft a Police Services Assistance Agreement to 12 allow additional law. enforcement protection for the citizens of the political 13 subdivisions of Pulaski County during emergencies; and 14 WHEREAS, on September 11, 2002, the Attorney General issued an opinion, 15 Opinion No. 2002 -254, approving the Agreement and acknowledging that it meets, 16 the requirements of the Interlocal Cooperation Act, Ark. Code Ann. § 25 -20 -101 et 17 seq., and 18 WHEREAS, it is desirable that a mutual aid agreement be executed for the 19 interchange of police services assistance on a countywide basis during emergencies. 20 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS 21 OF THE CITY OF LITTLE ROCK, ARKANSAS: 22 Section 1. The City Manager is authorized to execute the Intergovernmental 23 Police Services Assistance Agreement, attached hereto for reference, which provides 24 for the interchange of law enforcement services between the political subdivisions 25 within Pulaski County when emergencies occur or are threatened. 26 Section 2. Severability. In the event any title, section, paragraph, item, [PAGE 7 OF 21 Resolution Intergovernmental Police Services Agreement 1 2 3 4 5 6 7 8 9 10 11 12 sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the resolution. Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this resolution, are hereby repealed to the extent of such inconsistency. Section 4. This resolution shall be in full force and effect from and after its adoption. ADOPTED: October 1, 2002 13 ATTEST: 14 15 Nan 4y Woq , City Clerk 16 17 APPROVED AS TO FORM: 18 �""� �'""1 19 Thomas M. Carpenter, City Xitorney 20 H 21 // 22 // 23 // 24 // 25 26 ! 27 28 // 29 [PAGE 2 OF 21 Resolution Intergovernmental Police Services Agreement APPPRROV, ED: �t `- Jinr bailey, Mayor 0 0 INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE AGREEMENT This Intergovernmental Police Service Assistance Agreement is made and entered into this day of , 2002, among parties Pulaski County, City of Little Rock, City of North Little Rock, City of Sherwood, City of Jacksonville, and City of Maumelle, each considered and designated herein a "political subdivision." WHEREAS, the City of Little Rock, the City of North Little Rock, the City of Sherwood, the City of Jacksonville and the City of Maumelle are each located in Pulaski County and these political subdivisions are located in proximity to each other; and WHEREAS, the undersigned political subdivisions that are parties to this Agreement are desirous of obtaining additional law enforcement protection for the citizens of the several political subdivisions 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 et seq. (Michie Repl. 2002), 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 local, countywide and regional basis. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN EACH AND ALL OF THE PARTIES HERETO AS FOLLOWS: 0 0 Section 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 et seq. (Michie Repl. 2002). Section 2. Definitions. (a) Emergency: As used herein, "emergency" shall mean an actual or potential condition within the jurisdiction of one or more of the parties to this Agreement that poses an immediate threat to life or property and that exceeds the resources and capability of that party or parties to successfully bring the condition under control. (b) Requesting part y: As used herein, the phrase "requesting party" shall mean a law enforcement agency from one of the parties to this Agreement that requests the help or assistance of a law enforcement agency of another party subject to this Agreement. (c) Assisting part v, requested part y or responding part y: As used herein, the phrase "assisting party," "requested party" or "responding party" 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 3. Authorization for Mutual Assistance. The parties agree that intergovernmental police service assistance may be provided among the parties upon proper request by a requesting party during those times of emergency police work when mutual aid would best serve the interests of each political subdivision and its residents. -2- 0 0 Section 4. Authority to Request Aid or Respond to a Request for Aid. (a) Each party authorizes its chief law enforcement officer or the chiefs designee to request police service assistance, whether on an actual or on a standby readiness basis, from the law enforcement agencies of other parties during an emergency within the jurisdiction of the requesting party. Each party authorizes its chief law enforcement officer or the officer commanding in the chiefs absence to render police service assistance to other parties to the extent of available personnel, equipment, facilities or services not required for adequate protection of the party rendering aid. For each responding party, the judgment of the chief law enforcement officer or the chiefs designee shall be final as to the kind and amount of personnel, equipment, facilities, and services available and the extent of assistance to be furnished. (b) Each party reserves the right to refuse to render assistance and the right to recall any or all rendered assistance whenever it is determined by the requested party, in its sole discretion, that such action is necessary or desirable. Nothing in this Agreement shall be construed to impose an obligation on any party to provide police service assistance. At any time assistance is requested, the party so requested may, for any reason, deem it advisable not to respond with police aid and may so inform the requesting party. (c) Each party shall designate the law enforcement officials within its jurisdiction who shall have the authority to make requests or to provide aid pursuant to this Agreement, and shall provide each other party hereto with a regularly updated list specifying the name, rank, agency, and telephone number of such officials. (d) To request aid under this Agreement, the chief law enforcement officer or designated official from the requesting party shall be required to contact, in writing or otherwise, a designated official of the responding party. The responding party may request such -3- 0 0 information from the requesting party as is necessary to confirm the emergency and to assess the kind and amount of assistance needed from the responding party. Section 5. Command and Direction. (a) Each responding party shall designate a commanding officer to work in concert with the chief law enforcement officer or other designated official of the requesting party to provide assistance in such form, whether in personnel or other resources, as the requesting party deems appropriate and needed to handle the emergency and that the responding party deems available for use in such emergency. The designated commanding officer of the responding force shall report to and confer with the commanding officer of the requesting party concerning the needed assistance. The parties agree that while the commanding officer of the requesting party retains the responsibility of command and control over the operations to handle the emergency and the directing of resources toward that purpose, the designated commanding officer of the responding force shall supervise, control and deploy the responding party's employees made available to the requesting party. At all times officers shall adhere to the policies and procedures of their own department, and shall only be required to respond to lawful orders. (b) All parties recognize, understand and agree that, for all purposes, the employees of each responding party shall remain employees of that responding party during any and all activities undertaken pursuant to this Agreement. (c) 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. 0 0 Section 6. Powers and Duties of Assisting Personnel. (a) Law enforcement officers of responding parties who are directed, pursuant to this Agreement, to perform police or peace duties within the jurisdiction of a requesting party shall have all powers and authority of police and peace officers as provided by state law, including the power of arrest. (b) In the event of a request for aid in a situation involving mass arrests or the potential for mass arrests, law enforcement officers from a responding party shall only make arrests for offenses directly related to the incident, and may assist in the processing of arrestees as follows: Identification of arrestees; 2. Control of property obtained from arrestees; 3. Completion of arrest certificates; 4. Transportation of arrestees; and 5. Court duty pertaining to arrests. (c) Only qualified, trained personnel from a responding party or a requesting party may operate vehicles, firearms and equipment furnished for police service assistance pursuant to this Agreement. Section 7. Compensation. Each political subdivision providing personnel to another party under the scope of this Agreement agrees to be responsible for payment of wages, pension and workers' compensation benefits payable to the responding party's own personnel. All individuals retain all pension and disability rights while performing duties in accordance with this Agreement. -5- 0 0 Section 8. Liability. (a) If any claims, administrative matters, or litigation shall arise in conjunction with or as a result of an assisting party furnishing personnel, equipment, facilities, or services pursuant to this Agreement, each involved party shall be responsible for its own costs of litigation. (b) The parties agree that any damage to or loss of a vehicle, firearm, or other equipment furnished pursuant to this Agreement that occurs during or as a result of its operation by personnel of a party not the owner of the equipment shall be remedied by reimbursement for the cost of repair, if repairable or, if not repairable, for its replacement value by the party employing the person who was operating such equipment when it became damaged, or who last operated it before it was lost, stolen, or mislaid. If, however, any damage or loss to equipment furnished by a party pursuant to this Agreement occurs during or as a result of operation of the equipment by personnel of that party, that same party shall be responsible for the cost of repair or replacement of its own equipment. In such case, the parties agree to not hold any other party liable for such damage or loss: Nothing in this Agreement, however, shall prevent the assisting party from recouping the cost of repair or replacement of damaged equipment through any other available means, such as federal reimbursement. (c) The parties agree that no party shall hold a responding party liable for a failure to effectively combat or handle any police problem in the territory of the requesting party. (d) 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. -6- 0 0 Section 9. Administration of Intergovernmental Police Assistance. (a) 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. (b) Each party shall be responsible for maintaining and providing to each other party on an annual basis an accurate account of its potentially available resources including, but not limited to, personnel per shift, equipment, and specialized units. (c) On an annual basis, each party shall develop and update a plan providing for the effective mobilization of all its resources and facilities to cope with any type of emergency. (d) 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. Section 10. Effective Date of Agreement. This Agreement shall become effective as to each party political subdivision when 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 Arkansas. Section 11. Termination of Agreement. This Agreement, including any subsequent modifications, shall remain in full force and effect as between each and every party until such time that a party, through its elected board or council, passes a resolution terminating this Agreement and provided that thirty (30) days prior written notice of termination, addressed to the designated law enforcement official for each party, is provided to all other parties. This Agreement shall, however, remain in effect as to the -7- 0 remaining political subdivisions signatory to the Agreement that have not terminated the Agreement. Section 12. Entire Agreement; Modification. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof. All prior or contemporaneous agreements, understandings, and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any of its provisions may be waived, modified, amended, or discharged except by an instrument in writing signed by the parties and then only to the extent set forth in such instrument. Section 13. Severability. In the event that any provision of this Agreement or part thereof shall be adjudged invalid or unenforceable by any court of competent jurisdiction, then such provision or part only shall be deemed invalid and all remaining terms and provisions of the Agreement shall be carried out and performed by the parties with the same force and effect as if the invalid provision or part had never been a part of this Agreement. Section 14. Contract Execution. This Agreement shall be executed in six originals 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. IN WITNESS WHEREOF, this Agreement is hereby executed and approved and is effective and operative as to each of the parties as herein provided. [Signatures follow on next page.] Signature Title Political Subdivision Date Signature Title Political Subdivision Date Signature Title Political Subdivision Date Signature Title Political Subdivision Date Signature Title Political Subdivision Date Signature Title Political Subdivision Date