R-56-11 Authorizing Int. Agrmt. ILEASRESOLUTION R-5(9-//
RESOLUTION AUTHORIZING EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT
FOR THE PURPOSE OF PARTICIPATING WITH POLICE DEPARTMENTS OF OTHER
MUNICIPALITIES IN THE ILLINOIS LAW ENFORCEMENT ALARM SYSTEM (ILEAS)
WHEREAS, the Mayor and Village Board of the Village of Lemont with advice of the Chief of the
Police Department, deem it in the best interest of the Village of Lemont, and in the interest of the health,
safety and welfare of the residents of the Village of Lemont, to enter into an intergovernmental agreement
providing for mutual aid and participation in the Illinois Law Enforcement Alarm System (ILEAS) in order
to secure benefit of mutual aid in response to natural or man -made occurrences which may result in
emergencies that exceed the resources, equipment and /or law enforcement personnel of the participating
municipalities; and
WHEREAS, the Intergovernmental Agreement is the result of the committed effort of participating
municipalities and their police departments to provide the best protection available for our citizens; and
WHEREAS, the Constitution and Statutes of the State of Illinois authorize such Intergovernmental
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES as follows:
SECTION 1: Said Intergovernmental Agreement, which shall be in substantially the form attached
hereto and made a part of this ordinance by reference as "Exhibit A" is hereby approved.
SECTION 2: From and after the effective date of this ordinance, the Mayor and Village Clerk are
hereby authorized and directed to execute the said Intergovernmental Mutual Aid Agreement herein
provided for, and to do all things necessary and essential, including the execution, upon advice of
legal counsel, of any further agreements, instruments, documents and certificates incidental thereto
or necessary to carry out the provisions and effectuate the purpose thereof.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed.
SECTION 3: The Village Clerk of the Village of Lemont shall certify to the adoption of this
Resolution and cause the same to be published in pamphlet form
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PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 25th
day of July , 2011.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Rick Sniegowski
Ronald Stapleton
Jeanette Virgilio
AYES NAYS PASSED ABSENT
v
v
ENE SMOLLEN, Village Clerk
Village President
ILLINOIS LAW ENFORCEMENT ALARM SYSTEM
Mutual Aid Agreement
The undersigned law enforcement agencies agree pursuant to the Constitution of the State of
Illinois (Ill. Const. Art. VII, sec. 10), the Illinois Intergovernmental Cooperation Act (5 1LCS
220/1 et seq.), the Local Governmental and Governmental Employees Tort Immunity Act (745
1LCS 10/7 -101 et seq.) and the Illinois Municipal Code (65 ILCS 5/11- 1 -2.1), as follows:
Section 1
Purpose of Agreement
This Agreement is made in recognition of the fact that natural or man-made occurrences may
result in emergencies that exceed the resources, equipment and/or law enforcement personnel of
a law enforcement agency. Each law enforcement agency who signs a copy of this Agreement
has and does express its intent to aid and assist the other participating law enforcement agencies
during an emergency by assigning some of their resources, equipment and/or law enforcement
personnel to the affected law enforcement agency as circumstances permit and in accordance
with the terms of this Agreement. The specific intent of this Agreement is to safeguard the lives,
persons and property of citizens during an emergency by enabling other law enforcement
agencies to provide additional resources, equipment and/or law enforcement personnel as needed.
Section 2
Definitions
For the purpose of this Agreement, the following terms are defined as follows:
Aiding law enforcement agency: A participating law enforcement agency that provides
resources, equipment and/or law enforcement personnel to a stricken law enforcement agency
during an emergency.
Disaster: An occurrence or threat of widespread or severe damage, injury or loss of life or
property resulting from any natural or technological cause, including but not limited to fire,
flood, earthquake, wind, storm, hazardous materials spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, air contamination, blight, extended
periods of severe and inclement weather, drought infestation, critical shortages of essential fuels
and energy, explosion, riot, hostile military or paramilitary action, or acts of domestic terrorism.
Emergency: A natural or man-made situation that threatens or causes loss of life and property and
exceeds the physical and organizational capabilities of a unit of local, state or federal
government.
Law enforcement personnel: An employee of a participating law enforcement agency who is a
peace officer (as defined by state law and the Illinois Law Enforcement Training and Standards
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Board or federal law) and by virtue of his office or public employment, is vested by the state or
federal law with the primary duty of maintaining public order and making arrests for violations of
state or federal law.
Mutual aid: A definite and prearranged written agreement and plan whereby regular response
and assistance is provided in the event of a natural or man -made emergency.
Participating law enforcement agencies: A law enforcement agency that commits itself to this
mutual aid agreement by having an authorized representative sign this Agreement.
State: The term state refers exclusively to the State of Illinois.
Stricken law enforcement agency: A participating law enforcement agency who has primary
jurisdiction over the site of the emergency but due to insufficient resources, equipment and/or
law enforcement personnel is unable to provide an adequate response to an emergency without
the assistance of others.
Section 3
Agreement to Effectuate the Mutual Aid Plan
Each undersigned party agrees that in the event of an emergency, they will respond to requests
for assistance by a stricken law enforcement agency with such law enforcement personnel,
equipment, facilities, or services as is, in the opinion of the aiding law enforcement agency,
available. Provided, however, that each party reserves the right to refuse to render assistance or
to recall any or all rendered assistance, whenever it believes that such refusal or recall is
necessary to ensure adequate protection of its own jurisdiction or personnel.
It is expected that requests for mutual aid under this Agreement will be initiated only when the
needs of the stricken agency exceed its resources. Aiding agencies will be released and returned
to their own jurisdictions as soon as the situation is restored to the point where the stricken
agency is able to satisfactorily handle the situation with its own resources or when an aiding
agency decides to recall its assistance.
Whenever an emergency is of such magnitude and consequence that it is deemed advisable by the
senior officer present, of the stricken law enforcement agency, to request assistance from an
aiding law enforcement agency, he is hereby authorized to do so, under the terms of this mutual
aid agreement. The senior officer present of the aiding law enforcement agency is authorized to
and shall forthwith take the following actions:
- Immediately determine what type of assistance is being requested.
- Immediately determine if the requested resources, equipment and/or law enforcement
personnel can be committed to the stricken law enforcement agency.
- Immediately dispatch the resources, equipment and/or law enforcement personnel that
are available to the stricken law enforcement agency.
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At the emergency site, the most senior officer of the stricken law enforcement agency who is
present shall assume full responsibility and command for operations at the scene. Law
enforcement personnel from the aiding agencies shall report to and shall work under the direction
and supervision of the stricken agency. Provided, however, that at all times, the personnel of the
aiding agencies shall remain employees of their own agency and shall adhere to the policies and
procedures of their own employer. While working under the direction of the aiding agency, law
enforcement personnel shall only be required to respond to lawful orders.
All services performed under this Agreement shall be rendered without reimbursement,
regardless of the possibility of reimbursement from the requesting agency or other sources. Each
participating law enforcement agency shall assume sole responsibility for indemnifying their own
employees, as provided by state or federal law and/or local ordinance, and for providing
personnel benefits, including benefits that arise due to injury or death, to their own employees as
required by state or federal law. Each participating agency shall also be responsible, regardless
of fault, for repairing or replacing any damage to their own vehicles or equipment that occurs
while providing assistance under this Agreement.
The participating agencies agree that this Agreement shall not give rise to any liability or
responsibility for the failure to respond to any request for assistance made pursuant to this
Agreement. 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.
The participating agencies further agree that each agency will be responsible for defending their
own respective entity in any action or dispute that arises in connection with or as the result of this
Agreement and that each agency will be responsible for bearing their own costs, damages, losses,
expenses, and attorney fees.
The chief law enforcement officers of the participating agencies will maintain a governing board
and establish an operational plan for giving and receiving aid under this Agreement. Said plan
will be reviewed, updated and tested at regular intervals.
Section 4
Adoption
This mutual aid agreement shall be in full force and an in effect when approved and executed by
a representative of a participating law enforcement agency who has the legal authority to sign and
enter into this Agreement on behalf of his law enforcement agency.
Section 5
Termination
Any participating law enforcement agency may withdraw from this Agreement upon giving
ninety (90) days written notice addressed to each of the other participating agencies.
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Section 6
Signatory Page
This signatory certifies that this mutual aid agreement, for the Illinois Law Enforcement Alarm
System (ILEAS), has been adopted and approved by ordinance, resolution, memorandum of
understanding or other manner approved by law, a copy of which document is attached hereto.
Village of Lemont
Political Entity or Agency Chief Law Enforcement Offi r
Kevin W. Shaugh»essy
esident, Mayor, Chairman or other Chief Title
Executive Officer (if applicable)
C \«� oC Tookce
July 25, 2011
Date Date
Attest:
itle Charlene Smollen, Village Clerk
July 25, 2011
Date
October 23, 2002
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