HomeMy WebLinkAbout17065 1 RESOLUTION NO. 17,065
2
3 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER
4 INTO AN INTERGOVERNMENTAL MUTUAL AID POLICE SERVICES
5 AGREEMENT WITH KANSAS CITY, MISSOURI; AND FOR OTHER
6 PURPOSES.
7
8 WHEREAS,as the City of Little Rock("Little Rock")and the City of Kansas City,Missouri("Kansas
9 City") recognize that effective law enforcement is not a solitary effort, but requires the cooperation and
10 interaction of multiple agencies; and,
11 WHEREAS,effective law enforcement depends upon the immediate action to protect lives and prop-
12 erty and to preserve peace;and,
13 WHEREAS, Kansas City will host several 2026 Federation Internationale de Football Association
14 ("FIFA")World Cup matches in June and July of 2026; and,
15 WHEREAS,Kansas City has a need of additional law enforcement during these matches and has re-
16 quested that the officers from the Little Rock Police Department provide mutual aid June 24,2026,through
17 June 28,2026; and,
18 WHEREAS,it is the intent of Little Rock,Arkansas,and Kansas City,Missouri,to enter into a contract
19 substantially similar to that in Exhibit A;and,
20 WHEREAS, KC2026 is a 501(c)(4), a non-profit organization which is operated exclusively for the
21 promotion of social welfare and is leading the strategy for the planning and activation of the FIFA World
22 Cup 2026 in Kansas City; and,
23 WHEREAS, in a separate agreement, KC2026 will compensate the City of Little Rock for providing
24 mutual aid to Kansas City,Missouri in an amount not to exceed Thirty-Six Thousand Dollars($36,000.00);
25 and,
26 WHEREAS,authority is granted for the provision of joint cooperative action among political subdivi-
27 sions pursuant to the Interlocal Cooperation Act,codified at Ark.Code Ann. §25-20-108,and as otherwise
28 provided by law.
29 NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
30 OF LITTLE ROCK,ARKANSAS:
31 Section 1. The City Manager is authorized to execute a Mutual Aid Agreement with the Kansas City,
32 Missouri Board of Police Commissioners in substantially similar form as Exhibit A,attached hereto,which
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1 provides for the provision of law enforcement services to the City of Kansas City, Missouri for the FIFA
2 World Cup matches in Kansas City,Missouri.
3 Section 2. The City Manager is authorized to execute a Mutual Aid Payment Agreement with KC2026
4 in substantially similar form as Exhibit B,attached hereto, in order to receive funds for the City's provision
5 of law enforcement for the FIFA World Cup matches in Kansas City,Missouri to receive an amount not to
6 exceed Thirty-Six Thousand Dollars($36,000.00).
7 Section 3 Severability. In the event any title,section,paragraph,item,sentence,clause,phrase,or word
8 of this resolution is declared or adjudged to be invalid or unconstitutional,such declaration or adjudication
9 shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the
10 portion so declared or adjudged invalid or unconstitutional were not originally a part of the resolution.
11 Section 4. Repealer. All laws,ordinances,resolutions,or parts of the same,that are inconsistent with
12 the provisions of this resolution,are hereby repealed to the extent of such inconsistency.
13 ADOPTED: June 2,2026
]4 ATTEST: APPROVED:
15
16
17 ASIAAYI
18 Allison Segars,Ci erk Frank Scott,Jr.,Mayor
19 APPROVED AS TO LEGAL FORM:
20
21 "?
22 �`l, ''"1-41 m •
23 Thomas M. Carpenter,City Att rney
24 //
25 //
26 //
27 //
28 //
29 //
30 //
31 //
32 //
33 //
[Page 2 of 13]
EXHIBIT A
MUTUAL AID AGREEMENT
This Mutual Aid Agreement ("Agreement") is agreed upon by the Public Safety Agencies
(each an"Agency," collectively the"Agencies") signing this Agreement, and is effective on the date
of last signature. The parties agree as follows:
SECTION 1. Mutual Aid.
This Agreement for"Mutual Aid and Assistance"is executed pursuant Missouri Revised Stat-
utes sections 44.087, 44.090,44.091, and 70.837, but it is not meant to limit or restrict any other law
enforcement authority.
SECTION 2. Purpose of Agreement.
It is recognized that in certain situations there is a public safety need beyond the capability
of the local governing authority that requires the use of public safety agencies to perform duties outside
of the territorial limits of the jurisdiction where such personnel are legally employed in order to pre-
serve and protect the health, safety and welfare of the public and,due to circumstances or events there
are critical incidents that could result in serious physical injury or loss of life. As such,the executive
officer of any political subdivision or public safety agency may request mutual-aid from other public
or private agencies within and without the state for reciprocal emergency aid. The purpose of this
Agreement is to meet the additional public safety needs caused by the upcoming 2026 Federation
Internationale de Football Association World Cup matches, and associated events, that are scheduled
to occur in Kansas City,Missouri from June through July of 2026.
SECTION 3. Authorization.
Upon the request of the requesting agency, the responding agency agrees to provide mutual
aid services in response to critical incidents or an emergency situation.
SECTION 4. Definition of Terms.
The following terms shall have the following meanings when used in this Agreement:
a. "Critical Incident"means an incident that could result in serious physical injury or loss
of life.
b. "Emergency Situation"means any fire,earthquake,flood,tornado,hazardous material
incident, terrorist incident, or other such man-made or natural emergency disaster or
public safety need. A public safety need includes any event or incident necessitating
mutual-aid assistance from another public safety agency.
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c. "Executive Officer" means the chief executive officer or acting chief executive
officer of any political subdivision or public safety agency.
d. "Law Enforcement Officer"or"Public Safety Personnel"means any public serv-
ant certified with both the power and duty to make arrests for violations of any
state, county or municipal criminal law violations in accordance with the respec-
tive officer's state laws.
e. "Political Subdivision"means any agency or unit of a state empowered by law to
maintain a law enforcement agency.
f. "Public Safety Agency"means law enforcement agencies,emergency medical ser-
vice organizations, emergency management officials, infrastructure departments
public works agencies, fire service organizations, or other specialized emergency
response teams with personnel with special skills or training needed to provide
services during an emergency, public safety need or disaster, declared or unde-
clared.
g. "Responding Agency" means [LITTLE ROCK POLICE DEPARTMENT], as an
authorized signatory hereto called upon to provide mutual aid to the Requesting
Agency.
h. "Requesting Agency" means the Board of Police Commissioners of Kansas City,
Missouri, as governing body of the Kansas City, Missouri Police Department, as
an authorized signatory hereto.
SECTION 5. Power and Authority.
a. The Responding Agency does hereby authorize and direct its Executive Officer to
render mutual police aid to the extent of available personnel and equipment not otherwise required
for adequate protection of the agency rendering aid. The judgment of the Executive Officer of the
Responding Agency rendering aid, as to the amount of personnel and equipment available, shall
be final.
b. Public safety personnel who shall be commanded by their Executive Officer to
maintain the peace or perform police duties outside the territorial limits of the municipality, state
agency,or political subdivision which regularly employs such officers shall be under the direction
and authority of one (1)person designated by each Executive Officer. Such personnel shall in
tum be under the direction and authority of the local on-scene commanding law enforcement of-
ficer of the Requesting Agency to which they are called to perform police or peace duties and shall
be peace officers thereof.
c. When responding to mutual aid or emergency aid requests,each Agency's respec-
tive personnel shall be as if it were providing service within its own jurisdiction.
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d. Except in cases of emergencies presenting an imminent threat to public safety and
health, the Requesting Agency's Executive Officer should transmit such request for personnel or
services in writing to the Responding Agency's Executive Officer at least fifteen (15) days prior
to the expected service date and in no case less than five(5)days prior.
e. In the case of emergency situations which prevent the prior written request for
services by the Requesting Agency,the request may be made orally and recorded by the Respond-
ing Agency. The Executive Officer,or designee,of the Responding Agency shall furnish a written
statement of services rendered to the Requesting Agency no less than five (5)days after the termi-
nation of the need for such personnel or services by the Requesting Agency.
SECTION 6. Compensation.
Compensation for mutual aid assistance pursuant to this Agreement shall be provided for
as agreed upon between Responding Agency and KC2026 without charge to Requesting Agency.
SECTION 7. Liability.
a. Each Agency shall be responsible for all claims,damages,and losses sustained by
its own law enforcement agency and police personnel. This Agreement shall not be so construed
as to create any relationship between the personnel of one Agency and the other Agency. All
members of any political subdivision or public safety agency responding for mutual aid remain
employees of their own agency.
b. An Agency shall not be liable to the other Agency for any action, failure to act,
delay,mistake,failure to respond,negligence,or failure to effectively combat or handle any police
problem arising out of any assistance requested or provided hereunder.
c. This Agreement shall not be construed as an agreement for the benefit of any
third party.
d. The Agencies agree that all individuals shall retain all pension and disability rights
of their respective agency while performing duties in accordance with this Agreement.
e. Qualified immunity, sovereign immunity, official immunity and the public duty
rule shall apply to all parties and their personnel as interpreted by the federal and state courts of
their respective Agency.
SECTION 8. Effective Date of Agreement.
This Agreement shall be in full effect and legally binding at such time as it is signed by
each Agency.
SECTION 9. Entire Agreement and Modification.
a. This writing is intended by the parties as a final expression of this Agreement and
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also is intended as a complete and exclusive statement of the terms of this Agreement. This Agree-
ment may be amended or modified only in writing, which amendment or modification must be
authorized by each Agency's respective governing body, by ordinance or other appropriate writ-
ing.
b. If any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal,or unenforceable, in any respect, such invalidity, illegality,or
unenforceability shall not affect any other provision thereof and the Agreement shall be construed
as if such invalid, illegal or unenforceable provision had never been contained herein.
SECTION 10. Termination of Agreement.
a. This Agreement shall remain in full force and effect until July 31, 2026. Either
party to this Agreement may terminate this Agreement at will.
RESPONDING AGENCY:
By:
Print Name: Deiphone Hubbard
Title: City Manager
Date:
Agency: JCITY OF LITTLE ROCKI
REQUESTING AGENCY:
KANSAS CITY,MISSOURI
BOARD OF POLICE COMMISSIONERS
By:
Stacey Graves, Chief of Police
Date:
[Page 6 of 131
EXHIBIT B
Mutual Aid Payment Agreement
This Mutual Aid Payment Agreement, dated as of[DATE] (this "Agreement"), is
entered into between the undersigned governmental Responding Agency ("Responding
Agency"), and KC2026,a Missouri nonprofit corporation("KC2026", and together with Re-
sponding Agency,the "Parties", and each, a"Party").
RECITALS
Responding Agency has entered into a Mutual Aid Agreement (the "Mutual Aid
Agreement") with the Kansas City Police Department ("KCPD") to provide mutual aid and
assistance to meet the additional public safety needs caused by the upcoming 2026 Federation
Internationale de Football Association World Cup matches, and associated events, that are
scheduled to occur in Kansas City, Missouri from June through July of 2026.
Section 6 of the Mutual Aid Agreement states the compensation for mutual aid assis-
tance under the Mutual Aid Agreement will be provided for as agreed up on between Re-
sponding Agency and KC2026.
KC2026 desires to provide for the compensation for mutual aid assistance under the
Mutual Aid Agreement in this Agreement.
The FIFA World Cup Grant Program ("FWCGP") was established by the One Big
Beautiful Bill Act(2025) and provides for federal funding to enhance security and prepared-
ness for the 2026 FIFA World CupTM events.
The Missouri Department of Public Safety (the"SAA")has received an award under
the FWCGP and will pass through 100% of the grant funds to KC2026 as the Host City
Committee Task Force for Kansas City.
NOW,THEREFORE, in consideration of the mutual covenants and agreements here-
inafter set forth and for other good and valuable consideration,the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
1.Responding Agency intends to provide the following under the Mutual Aid Agree-
ment: No. Officers: 4
Date(s): 06/24/2026-06/28/2026
No.Lodging Rooms and Dates: 4 rooms- 06/24/2026-06/28/2026
Total Expected Hours of Service: 240 hours
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2. Responding Agency shall pay its employees for the mutual aid assistance pro-
vided according to its prevailing law,rules and regulations or other agreements. Responding
Agency agrees to comply with all federal, State of Missouri, and local laws and regulations
in providing mutual aid services.
3. Within sixty (60)days following the conclusion of the period of mutual aid and
assistance, the Responding Agency shall provide to KC2026 documentation via email at
the address set forth in Section _ below: [the of all direct and indirect payroll costs plus
any taxes and any applicable paid employee benefits which are measured as a function of
payroll for the service provided under the Mutual Aid Agreement]], plus other reasonable
documentation requested by KC2026. Responding Agency agrees to provide to the SAA,
the FEMA Administrator or any of their authorized representatives to access any books, doc-
uments, papers and records of the Responding Agency which are directly pertinent to this
Agreement for the purposes of making audits, examinations, excerpts and transcriptions.
4.KC2026 agrees to provide the following to the Responding Agency:
(a) KC2026 will provide lodging for Responding Agency officers while perform-
ing duties. KC2026 will provide one meal to Responding Agency officers
during their shift.
(b) Maximum Hourly Reimbursement Rate for Services Provided*: $150/hour
* Responding Agency acknowledges that the hourly reimbursement rate in-
cludes mileage and cost of meals not provided by KC2026.
(c) The total amount payable under this agreement will not exceed $ 36.000 (the
"Total Fees")
5. KC2026 is responsible only for the payment of Total Fees and providing meals
and lodging for mutual aid officers as described herein. Responding Agency shall be respon-
sible for all claims, damages, and losses sustained by its own law enforcement agency and
police personnel in performing services under the Mutual Aid Agreement, and KC2026 will
not be liable for any claims relating to or arising out of the services provided by Responding
Agency under the Mutual Aid Agreement.
6. Responding Agency will notify KC2026 if there is any change in its expected
performance under the Mutual Aid Agreement. Upon a default by Responding Agency of its
obligations under the Mutual Aid Agreement or this Agreement, KC2026 may immediately
terminate this Agreement and Responding Agency will not be entitled to receive payment
for services that were not completed or are unacceptable to KC2026.
7. In accordance with the terms of the FWCGP,the Parties agree that the terms and
conditions set forth in Appendix II to Part 200-Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards, and incorporated herein by reference, apply to the extent
applicable to this Agreement, including the following:
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a. Equal Employment Opportunity.Except as otherwise provided under 41 CFR Part
60, all contracts that meet the definition of"federally assisted construction con-
tract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided
under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Em-
ployment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.
339),as amended by Executive Order 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," and implementing regulations at
41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Em-
ployment Opportunity, Department of Labor."1
b. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).
i. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or me-
chanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
ii. Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in paragraph(b)(1) of this section the
contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages and interest from the date of the underpayment. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory,to such District or to such
territory),for liquidated damages.Such liquidated damages shall be computed with
respect to each individual laborer or mechanic,including watchpersons and guards,
employed in violation of the clause set forth in paragraph(b)(1)of this section, in
the sum of$33 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without pay-
ment of the overtime wages required by the clause set forth in paragraph(b)(1).
iii. Withholding for unpaid wages and liquidated damages-
1. Withholding process. The SAA may,upon its own action,
or must, upon written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from the con-
tractor so much of the accrued payments or advances as may be con-
sidered necessary to satisfy the liabilities of the prime contractor or any
subcontractor for any unpaid wages;monetary relief,including interest;
and liquidated damages required by the clauses set forth in this para-
graph (b) on this contract, any other Federal contract with the same
prime contractor, or any other federally assisted contract subject to the
Specific documentation required to be determined and inserted after discussion with MARC and SM.
(Page 9 of 13(
Contract Work Hours and Safety Standards Act that is held by the same
prime contractor(as defined in§5.2).The necessary funds may be with-
held from the contractor under this contract,any other Federal contract
with the same prime contractor,or any other federally assisted contract
that is subject to the Contract Work Hours and Safety Standards Act
and is held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the same agency, and such
funds may be used to satisfy the contractor liability for which the funds
were withheld.
2. Priority to withheld funds. The Department has priority
to funds withheld or to be withheld in accordance with paragraph
(a)(2)(i)or(b)(3)(i)of this section, or both, over claims to those funds
by:
a. A contractor's surety(ies),including without limita-
tion performance bond sureties and payment bond sureties;
b.A contracting agency for its reprocurement costs;
c. A trustee(s) (either a court-appointed trustee or a
U.S.trustee,or both)in bankruptcy of a contractor,or a contrac-
tor's bankruptcy estate;
d.A contractor's assignee(s);
e.A contractor's successor(s); or
f. A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901-3907.
iv. Subcontracts. The contractor or subcontractor must insert in any
subcontracts the clauses set forth in paragraphs (b)(1)through (5) of this sec-
tion and a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts.The prime contractor is responsible for compliance by
any subcontractor or lower tier subcontractor with the clauses set forth in par-
agraphs (b)(1)through(5). In the event of any violations of these clauses,the
prime contractor and any subcontractor(s)responsible will be liable for any un-
paid wages and monetary relief, including interest from the date of the under-
payment or loss, due to any workers of lower-tier subcontractors, and associ-
ated liquidated damages and may be subject to debarment, as appropriate.
v. Anti-retaliation. It is unlawful for any person to discharge, de-
mote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other
manner discriminate against, or to cause any person to discharge, demote, in-
timidate, threaten, restrain, coerce, blacklist, harass, or in any other manner
discriminate against, any worker or job applicant for:
1. Notifying any contractor of any conduct which the worker
IPage 10 of 131
reasonably believes constitutes a violation of the Contract Work Hours
and Safety Standards Act(CWHSSA)or its implementing regulations
in this part;
2. Filing any complaint, initiating or causing to be initiated
any proceeding,or otherwise asserting or seeking to assert on behalf of
themselves or others any right or protection under CWHSSA or this
part;
3. Cooperating in any investigation or other compliance ac-
tion,or testifying in any proceeding under CWHSSA or this part; or
4. Informing any other person about their rights under
CWHSSA or this part.
b. Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution
Control Act(33 U.S.C. 1251-1387),as amended-Contracts and subgrants of amounts
in excess of$150,000 must contain a provision that requires the non-Federal award to
agree to comply with all applicable standards,orders or regulations issued pursuant to
the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency
(EPA).
c. Debarment and Suspension(Executive Orders 12549 and 12689)-A con-
tract award (see 2 CFR 180.220) must not be made to parties listed on the govern-
mentwide exclusions in the System for Award Management (SAM), in accordance
with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3
CFR part 1986 Comp.,p. 189)and 12689 (3 CFR part 1989 Comp.,p. 235), "Debar-
ment and Suspension." SAM Exclusions contains the names of parties debarred, sus-
pended,or otherwise excluded by agencies,as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
d. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)-Contractors that ap-
ply or bid for an award exceeding$100,000 must file the required certification. Each
tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of
Congress,or an employee of a member of Congress in connection with obtaining any
Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to
the non-Federal award.
8. This Agreement may not be modified or amended except by a written instru-
ment signed by the Parties.No waiver of any breach or default hereunder shall be considered
valid unless in writing and signed by the party giving such waiver, and no such waiver shall
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be deemed a waiver of any subsequent breach of the same or similar nature.
9. This Agreement will be terminated automatically if the Mutual Aid Agreement
is terminated prior to services being performed. This Agreement may be terminated by
KC2026 upon written notice to Responding Agency, to be effective as of the date set forth
in the notice. KC2026 may terminate this Agreement for cause if Responding Agency
breaches or fails to comply with any of its obligations under this Agreement. KC2026 will
only be obligated to pay Responding Agency's reasonable, documented, allowable and un-
disputed Total Fees incurred prior to the termination date.
10. All notices other communications under this Agreement shall be in writing and
shall be delivered to the Parties (with a copy thereof sent for information purposes to the e-
mail addresses appearing below) by personal delivery, first class mail, or by nationally rec-
ognized overnight courier service that maintains records of delivery to the address set forth
below, or to such other address as either Party may designate from time to time:
a. If to KC2026:
KC2026
1100 Walnut, Suite 1800
Kansas City,MO 64106
Attn: Lindsey Douglas,COO
Email: ldouglas@kansascityfwc26.com
b.If to Responding Agency:
11. This Agreement may be executed in counterparts,each of which shall be deemed
an original, but all of which together shall be deemed to be one and the same agreement. In
the event that any signature is delivered by electronic transmission or by e-mail delivery of
a ".pdf format data file, such signature shall create a valid and binding obligation of the
Party executing(or on whose behalf such signature is executed)with the same force and effect
as if such facsimile or".pdf signature page were an original thereof.
[SIGNATURE PAGES FOLLOW]
[Page 12 of 131
IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their
duly authorized representatives as of the last date and year written below.
KC2026 RESPONDING AGENCY:
By: By:
Name: Name:
Title: Title:
Date: Date:
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