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R-09-04 02/09/2004RESOLUTION R , UC1 O 4 RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE AGREEMENT WHEREAS, the Village of Lemont seeks to participate in an Intergovernmental Agreement to provide and receive assistance in the investigation of felony and major criminal activity; and WHERAS, the attached Agreement will provide such assistance between the Illinois State Police, Cook County Sheriff Police Department, other member agencies who have signed this Agreement, and Lemont, and WHEREAS, the contribution required for this valuable partnership is a one time agreement fee of $3,600.00. NOW, THEREFORE, BE IT RESOLVED BY THE President and Board of Trustees that the Agreement attached as Exhibit "A" be executed by the Village President and attested by the Village Clerk. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEIy,ONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS on this fit Day of , 2004. AYES NAYS PASSED ABSENT V Ron Stapleton Debby Blatzer Peter Coules Brian Reaves Steven Rosendahl Jeanette Virgilio LENE SMOLLEN, Village Clerk Approved by me this 1 1 " day of rellArurx Attest: ,2004 JOH A, Village Presiden RLENE SMOLLEN, Village Clerk INTERGOVERNMENTAL AGREEMENT SOUTH SUBURBAN MAJOR CRIME TASK FORCE The under signed Public Agencies, charged with the duty of enforcing the law and investigative heinous and complex violent crimes, recognize that the most effective means to accomplish that duty is through the combination of resources and the joint exercise of their respective authorities; each of them do now enter into this Inter - Agency Agreement to conduct joint investigations involving major violent crimes which necessitate substantial commitments of resources for prolonged period of time. The purpose of this Agreement is to provide the citizens of Illinois with the most effective Law Enforcement skills and protection against those who engage in actions detrimental to the safety of the public. In consideration of the terms herein set forth and the mutual covenants and obligations of the parties hereto; it is hereby agreed by the undersigned Member Agencies of the South Suburban Major Crime Task Force, (hereinafter call "Member Agencies) including the Cook County Sheriff's Police Department, the Illinois State Police and the participating municipal police departments of south suburban Cook County, to the following: I. PARTIES: The South Suburban Major Crime Task Force (Task Force) shall consist of the Cook County Sheriff's Police Department, the Illinois State Police and other Member Agencies who have signed this agreement. II. PURPOSE: The purpose of the South Suburban Major Crime Task Force is to provide comprehensive investigative services to Member Agencies of the Task Force including but not limited to major homicide cases, non - parental kidnappings, and other exceptionally heinous crimes when requested to do so by the Chief of Police of Member Agencies, with the approval of the Board of Directors. The Task Force agrees to provide comprehensive investigative services to Member Agencies in accepted cases upon request of the Chief of Police or the designee of the Police Department of the local jurisdiction in which the crime occurred. The Member Agencies agree that the chief of Police or their designee shall contact the Task Force Commander at the onset of the discovery of an offense which they feel qualifies for Task Force services. The Task Force Commander shall confer with the requesting agency and the Assistant Task Force Commander of the respective District to determine if the case shall be accepted for investigation by the Task Force. The following guidelines will be used to determine case acceptance. Case Acceptance Guidelines A real or suspected violent crime such as: murder, non - parental abduction, violent sex crimes or multiple violent crimes. Also, crimes which necessitate a substantial commitment of resources for a prolonged period of time or which require the application of complex or unusual investigative techniques. III. AUTHORITY: Each member Agency agrees to assume liability for its respective personnel assigned to the Task Force, as well as for vehicles and equipment assigned to the Task Force. Each participating Member Agency assumes responsibility for members of its police force acting pursuant to this agreement, both as to indemnification of said police officers as provided for by Illinois Compiled Statutes, Chapter 65, Sections 5/1- 4-5, 5/1 -4 -6 and as to personal benefits to said police officers, all to the same extent as they are protected, insured, indemnified and otherwise provided for by the Statutes of the State of Illinois and the ordinances of the participating municipalities when acting solely within their own corporate limits. The ISP Director may appoint sworn Task Force officers as "Inspectors" pursuant to his authority at 20 Illinois Compiled Statutes 2620/4. The inspectors shall be considered employees of the State for purposes of representation and indemnification while engaged in Task Force activities to the extent permitted by law at 5 Illinois Compiled Statues 350/1 et. Seq. Upon termination of a sworn officer's affiliation with the Task Force or upon dissolution of the Task Force, any credentials or equipment supplied by the ISP to any Task Force officer must be surrendered to the ISP. IV. BOARD OF DIRECTORS: The Board of Directors shall consist of nine (9) members. The nine members shall be appointed as follows: 1. The Chairman shall be appointed for a period of 1 year by the President of the South Suburban Chiefs of Police Association. 2. The Sheriff of Cook County shall appoint two (2) directors for one (1) year terms. 3. The Director of the Illinois State Police shall appoint two (2) directors for one (1) year terms. 4. The 5`" District Chiefs Association shall appoint two (2) directors from Member agencies for one (1) year terms. 5. The South Suburban Chiefs of Police Association shall appoint two (2) directors from Member agencies for one (1) year terms. The Board of Directors may establish an advisory board to assist and guide them in their duties and responsibilities. The advisory board will be comprised of as many members and organizations as determined by the Board of Directors but, advisory board members shall not be permitted to vote on board issues. Simple majority of the Board of Directors shall constitute a quorum for voting purposes. Each Board member shall have one (1) vote. For a vote to be registered, the Board member must be present during the vote. The Board's responsibilities shall include, but not be limited to: • Determine all major policies and procedures of the Task Force • Establish financial control • Make final decisions on problems • Make final decisions on when the Task Force will be activated and de- activated • Review Task Force activities and manpower once activated • Meet quarterly to discuss Task Force issues, problems, manpower, activities, etc. • Determine who will hold the positions as Task Force Commanders • Determine training needs The Board of Directors may determine further by -laws for governing the Task Force which shall not be inconsistent with this agreement. V. COSTS / EXPENSES: The Cook County Sheriff's Police Department agrees to pay for all investigative expenses incurred by officers of the Cook County Sheriffs Police during the course of Task Force investigations. The Cook County Sheriff's Police Department further agrees to provide support services to the Task Force. The Illinois State Police agrees to pay for all investigative expenses incurred by officers of the Illinois State Police during the course of Task Force investigations. The Illinois State Police further agrees to provide support services to the Task Force. The Requesting Agency agrees to pay for costs of investigations of crimes occurring within the Requesting Agency's jurisdiction incurred by members of the Task Force when the Chief of Police or their designee has requested the investigation, excluding the salaries, wages, benefits, and ordinary travel costs. The Requesting Agency shall pay for extraordinary travel and investigative expenses of officers of other members agencies if those expenses have been determine to be necessary for the investigation by the Task Force Commander and Requesting Agency Chief. Each Member Agency shall be responsible for the cost of training their designated Task Force personnel to meet requirements as established by the Board of Directors. The amount shall not exceed $750.00 per designated person per year. The Board of Directors may vote to increase or decrease the designated training fee based on future Task Force needs and participation. The Board of Directors may vote to increase the training fee up to 10% for any calendar year. Each Member Agency will be responsible for a one time initial membership fee to be used for Task Force Equipment and supplies. This fee shall be $3,000.00 per Member Agency. The Board of Directors may vote to increase or decrease this fee but in no event shall any increase exceed 10% of the initial fee in any calendar year. If the Board of Directors determines that the initial fee should be increased above $3,000.00 plus 10% in any calendar year, the Board shall submit their request for additional funds in writing to each Member Agency who must approve the increase by a three - fourths majority vote of all Member Agencies. The Board of Directors may vote to assess each Member Agency an annual upkeep fee to cover the costs and expenses for supplies and equipment. This fee shall not exceed 10% of the current initial fee two times in any calendar year, except if approved by a three - fourths rate of all Member Agencies. VI. LIABILITIES / INSURANCE: Each agency will accept liability to the extent required by the Illinois Workers' Compensation Action (820 ILCS 305/1 ct. Seq.) For personal injuries occurring to its officers while engaged in Task Force activities. Member Agencies will furnish their assigned officers with a suitable vehicle and will bear sole responsibility for the costs of maintaining and insuring said vehicle. Each Member Agency agrees to assume liability for its respective personnel, vehicles and equipment assigned to the Task Force. Each participating Member Agency assumes responsibility for members of its police force acting pursuant to this agreement as to indemnification of said police officers. VII. TASK FORCE PERSONNEL: The Illinois State Police and Cook County Sheriff's Police will assign tow investigators each to the Task Force. Each municipality Member agrees to designate one investigator who will be assigned to the Task Force. All Task Force Members shall report through the Task Force commander to the Chief of Police requesting the Task Force and the Board of Directors. All decisions on operational issues shall be decided by the Task Force Commander with the advise of the Chief of Police requesting the Task Force. A Chief of Police of any Member Agency may volunteer to assign an additional investigator from his agency to the Task Force. The selection and assignment of officers for the Task Force shall be determined by the Task Force Commanders according to experience and training of proposed Member designees. The Member Agencies agrees that the Member Agency shall make any officers of the Member Agency so selected for the Task Force available for investigations and training as needed by the Task Force. It is agreed that each officer participating as a member of the Task Force shall be bounded by the policies and procedures of his or her own Member Agency in addition to any policies and procedures of the Task Force. VIII. OPERATIONS PROCEDURES: The member agencies agree that the investigation of crimes within the Member Agencies' jurisdiction that have been accepted by the Task Force Commander shall be conducted according to the procedures of the south Suburban Major Crime Task Force. The parties agree that the following operation procedures shall prevail throughout the duration of this agreement: A. Task Force Commander The Board of Directors shall appoint two Task Force Commanders and tow Assistant Task Force Commanders to direct and coordinate the activities of the Task Force. The Task Force Commanders and assistants shall be experienced and skilled in the actual direction of criminal investigations and supervision of personnel. The Task Force Commander will be in complete charge of any investigation in which the Task Force participated. All personnel assigned to the investigation will be under his command. A separate Task Force Commander will be selected for each of the 5th and 61h Municipal Court Districts. Responsibilities: 1. Directly responsible to the Board of Directors, specifically working through the Chairman. 2. Responds and takes direct command and control of the crime scene, including scene processing, all follow up investigations and Task Force operations. 3. Determines the number of personnel needed to respond and designate their assignments. 4. Coordinates Task Force activities with other departments, law enforcement agencies, police chiefs, detective commanders, State's Attorney's Office, etc. 5. Plans, organizes, and directs reporting requirements and standards of operation. 6. Administers and controls expenditures, issues orders or directives related to the operation. 7. Direct liaison between the Chief of Police requesting the Task Force, or his designee, and the Board of Directors. 8. Plan and schedule training for Task Force personnel. 9. Ensure Task Force materials and equipment are available at the command center for personnel. 10. Determine assignment of Member officers according to experience and training. B. Assistant Task Force Commander The Assistant Task Force Commander will be in charge whenever the Task Force Commanders are unavailable to assume command of task force operations. Responsibilities: 1. Assist the Task Force Commander in organizing and directing the efforts of the task force operations. 2. Responsible to the Task Force Commander. 3. Direct liaison to Task Force Commander. 4. Work with Lead investigator from the host department. 5. Perform any other duties deemed necessary by the Task Force Commander. C. Command Liaison The Command Liaison is from the agency requesting assistance from the Task Force and assigned by the Police Chief from that agency. The Command Liaison acts as an on scene representative between the Task Force Commander and his agency. The Command Liaison will assist the Task Force Commander in lead development and suggested strategies for the investigation. The Command Liaison must be of supervisory rank and qualified in supervising field investigations. The requesting Police Chief may serve as the Command Liaison. Responsibilities: 1. Acts as a liaison between the Task Force Commander and the agency on investigative matters. 2. Provides all relevant information required of the agency for the follow up investigation. 3. Helps arrange for command post, clerical staff and required materials and /or equipment. 4. Any other task assigned by the Task Force Commander. D. Investigator Investigators are full time police officers on loan to the Task Force from member departments that have signed the Intergovernmental Agreement. Investigators should be knowledgeable in basic investigative work and trained in criminal investigative techniques and strategies as they relate to a major investigation. Investigators that do not meet the qualification as set forth by the Board of Directors may be removed from the Task Force upon the recommendation of the Task Force Commander. IX. Asset Forfeiture on Task Force Cases Any assets seized or forfeited as a result of a Task Force investigation shall be distributed and used according to existing State Law. However, any participating Member Agency agrees to designate fifty (50) per cent of any such distribution as Task Force Training and Expense funds to be used according to guidelines determined by the Board of Directors. X. Misconduct: A. Misconduct by any member of the Task Force shall include the following: 1. Violation of Task Force policies and /or rules or procedures. 2. Conduct which may tend to reflect unfavorably upon any of the parties of this agreement. B. Upon receipt of a complaint from a law enforcement agency, a state's attorney's office or any other credible source alleging misconduct by a Task Force member, The Task Force Commander shall discuss the allegations with the officer's Parent Agency. The Board of Directors shall decide whether the allegation /infraction should be investigated by the Parent Agency of the Task Force. The Parent Agency shall have the sole authority /responsibility to administer discipline in the matters of misconduct unless a criminal complaint is verified, then the information will be forwarded to the appropriate state's attorney. XI. Termination / Modification of Agreement: This agreement shall be in full force and effect between all member agencies who have signed this agreement until such time that the allocation of the aforementioned resources are no longer possible or an alternate funding source is determined. A member agency may withdraw from the Agreement at any time by written notice by the Chief of Police or Command level designee of the member agency to the remaining Board of Directors. The undersigned representative(s) of the hereby agree to the above terms and conditions of this Intergovernmental Agreement: Signed: Date: