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R-223-92 Resolution Approving an Intergovernmental Agreement for Police Service AgreementITEM VI.C.2 RESOLUTION NO. RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR POLICE SERVICE ASSISTANCE WHEREAS, IT I5 RECOGNIZED THAT IN CERTAIN SITUATIONS THE USE OF POLICE PERSONNEL AND EQUIPMENT TO PERFORM POLICE DUTIES OUTSIDE OF THE TERRITORIAL LIMITS OF THE MUNICIPALITY WHERE SUCH OFFICERS ARE LEGALLY EMPLOYED, IS DESIRABLE AND NECSSARY IN ORDER TO PRESERVE AND PROTECT THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC; AND, WHEREAS, THE VILLAGE OF LEMONT DOES HERBY AUTHORIZE AND DIRECT ITS CHIEF OF POLICE TO RENDER AND REQUEST MUTUAL POLICE AID TO AND FROM OTHER PARTICIPATING MUNICIPALITIES TO THE EXTENT OF AVAILABLE PERSONNEL AND EQUIPMENT NOT REQUIRED FOR ADEQUATE PROTECTION OF THE MUNICIPALITY RENDERING AID. IT SHALL BE THE JUDGEMENT OF THE CHIEF OF POLICE AS TO THE AMOUNT OF PERSONNEL AND EQUIPMENT AVAILABLE; AND, WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES HAVE DEEMED IT IN THE BEST INTERESTS TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR POLICE MUTUAL AID ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF THIS REFERENCE. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF LEMONT, COOK COUNTY, ILLINOIS, THAT THE VILLAGE BOARD OF TRUSTEES AUTHORIIZES THE PRESIDENT AND CLERK TO SIGN THE ATTACHED AGREEMENT AS FOLLOWS: SECTION ONE: THAT THE PRESIDENT AND BOARD OF TRUSTEES DO HEREBY APPROVE THE INTERGOVERNMENTAL AGREEMENT FOR POLICE SERVICE ASSISTANCE, ATTACHED AS EXHIBIT MA". SECTION TWO: THAT THIS RESOLUTION SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND APPROVAL IN THE MANNER PROVIDED BY LAW. IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN DULY EXECUTED BY THE FOLLOWING PERSONS: PASSED THIS � `C DAY OF KENNETH BROMBEREK BARBARA BUSCHMAN BERT ERCOLI R I CHARD KWASNESK I WILLIAM MARGALUS RALPH SCHOBERT (77.24- , 1992 AYES NAYS PASSED ABSENT C/ 717 hie-a77e-,- CHARLENE M. SMOLLEN, VILLAGE CLERK APPROVED THIS<�6 DAY OF L717 Attest : , 1992 VILLAGE PRESIDENT CHARLENE M. 5MOLLEN, VILLAGE CLERK EXHIBIT "A" TO RESOLUTION N 0 . INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE A G R E E M E N T THE UNDERSIGNED MUNICIPALITIES, PURSUANT TO ARTICLE VII, SECTION 10 OF THE ILLINOIS CONSTITUTION, CHAPTER 127, SECTIONS 741- 748 AND CHAPTER 24, SECTIONS 1 -4 -6 AND 11 -1 -2.1 OF THE ILLINOIS REVISED STATUTES, AGREE AS FOLLOW: SECTION ONE - PURPOSE OF AGREEMENT: IT IS RECOGNIZED THAT IN CERTAIN SITUATIONS THE USE OF POLICE PERSONNEL AND EQUIPMENT TO PERFORM POLICE DUTIES OUTSIDE OF THE TERRITORIAL LIMITS OF THE MUNICIPALITY WHERE SUCH OFFICERS ARE LEGALLY EMPLOYED, IS DESIRABLE AND NECESSARY IN ORDER TO PRESERVE AND PROTECT THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC. SECTION TWO - POWER AND AUTHORITY: A. EACH PARTICIPATING MUNICIPALITY DOES HEREBY AUTHORIZE AND DIRECT ITS CHIEF OF POLICE, OR HIS DESIGNEE, TO RENDER AND REQUEST MUTUAL POLICE AID TO AND FROM OTHER PARTICIPATING MUNICIPALITIES TO THE EXTENT OF AVAILABLE PERSONNEL AND EQUIPMENT NOT REQUIRED FOR ADEQUATE PROTECTION OF THE MUNICIPALITY RENDERING AID. THE JUDGEMENT OF THE CHIEF OF POLICE OR HIS DESIGNEE OF EACH MUNICIPALITY RENDERING AID, AS TO THE AMOUNT OF PERSONNEL AND EQUIPMENT AVAILABLE, SHALL BE FINAL. B. A MUNICIPALITY REQUESTING AID SHALL FIRST SEEK SUCH AID FROM THE NEAREST MEMBER MUNICIPALITIES POSSESSING THE NEEDED PERSONNEL AND EQUIPMENT. C. PERSONNEL WHO SHALL BE COMMANDED BY THEIR SUPERIOR AUTHORITY TO MAINTAIN THE PEACE OR PERFORM POLICE DUTIES OUTSIDE THE TERRITORIAL LIMITS OF THE MUNICIPALITY WHICH REGULARLY EMPLOYS SUCH PERSONNEL SHALL BE UNDER THE DIRECTION AND AUTHORITY OF THE CHIEF OF POLICE OR HIS DESIGNEE OF THE MEMBER MUNICIPALITY REQUESTING AID. SUCH PERSONNEL FURNISHING AID SHALL BE UNDER THE DIRECTION AND AUTHORITY OF OFFICERS OF THE LOCAL MUNICIPALITY IN WHOSE COMMAND THEY ARE PLACED AND, IF THEY ARE POLICE OFFICERS IN THEIR OWN MUNICIPALITY, THEY SHALL HAVE ALL THE POWERS OF POLICE OFFICERS OF THE REQUESTING MUNICIPALITY. D. NO MUNICIPALITY SHALL BE LIABLE TO ANOTHER MUNICIPALITY FOR A FAILURE TO RENDER AID OR THE WITHDRAWAL OF AID ONCE FURNISHED PURSUANT TO THIS AGREEMENT. SECTION THREE - COMPENSATION: A. COOPERATIVE POLICE SERVICE AND ASSISTANCE SHALL BE RENDERED WITHOUT CHARGE TO A PARTICIPATING MUNICIPALITY DURING THE NORMAL CONDUCT OF POLICE BUSINESS. B. WHENEVER A MUNICIPALITY ANTICIPATES UNUSUAL OR BURDENSOME COSTS IN ASSISTING ANOTHER MUNICIPALITY UNDER THIS AGREEMENT, IT SHALL INFORM THE MUNICIPALITY TO RECEIVE ASSISTANCE OF THOSE ANTICIPATED UNUSUAL AND BURDENSOME COSTS, SO THAT AN AGREEMENT FOR REIMBURSEMENT CAN BE REACHED. NO ASSISTING MUNICIPALITY SHALL BE OBLIGATED HEREUNDER TO INCUR UNUSUAL AND BURDENSOME COSTS WITHOUT AGREEMENT FOR REIMBURSEMENT. SECTION FOUR - INDEMNIFICATION: EACH MUNICIPALITY REQUESTING AID UNDER THIS AGREEMENT DOES HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ANY MUNICIPALITY, EMPLOYEE, OR OFFICER THEREOF, RENDERING AID FOR ANY LIABILITY, COST, EXPENSE, CLAIM, DEMAND JUDGEMENT OR ATTORNEY'S FEES ARISING OUT OF INJURY OR DAMAGE CAUSED BY ANY EMPLOYEE OR OFFICER INVOLVED IN RENDERING AID, INCLUDING, BUT NOT LIMITED TO FALSE ARREST, DETENTION OR IMPRISONMENT, WRONGFUL DEATH, MALICIOUS PROSECUTION, DEFAMATION, ASSAULT AND BATTERY, INVASION OF PRIVACY, FAILURE TO PROTECT, DEPRIVATION OF CIVIL RIGHTS, TRESPASS OR PAIN AND SUFFERING OR DAMAGE TO THE PROPERTY OF ANY THIRD PARTY, EXCEPT THAT THERE SHALL BE NO INDEMNIFICATION FOR ANY LIABILITY ARISING OUT OF ANY WILLFUL MISCONDUCT OF ANY EMPLOYEE. PROVIDED, HOWEVER, THAT THE TOTAL EXTENT OF SUCH INDEMNIFICATION INCLUDING THE COSTS OF DEFENSE SHALL BE LIMITED TO THE GREATER OF THE FOLLOWING: A. THE LIMITS OF LIABILITY IN CHAPTER 24, SECTION 1 -4 -6 OF THE ILLINOIS REVISED STATUTES. B. THE LIMITS OF LIABILITY FOR SUCH AN OCCURRENCE ESTABLISHED BY SELF - INSURANCE POOL OF WHICH THE MUNICIPALITY LIABLE IS A MEMBER. C. THE LIMITS OF LIABILITY OF ANY INSURANCE POLICY WHICH PROVIDES COVERAGE TO THE MUNICIPALITY LIABLE FOR THE CLAIM. SECTION FIVE - LIABILITY: ALL EMPLOYEE BENEFITS, WAGE AND DISABILITY PAYMENTS, PENSION AND WORKMEN'S COMPENSATION CLAIMS, DAMAGE TO OR DESTRUCTION OF EQUIPMENT AND CLOTHING AND MEDICAL EXPENSE OF THE MUNICIPALITY RENDERING AID SHALL BE PAID BY THE MUNICIPALITY REGULARLY EMPLOYING SUCH PERSON PERFORMING SERVICES PURSUANT TO THIS AGREEMENT. SECTION SIX - DISCIPLINE: ALTHOUGH THE REQUESTING MUNICIPALITY IS IN COMMAND OF ALL OFFICERS, OF ANY RANK, AT THE SCENE, DISCIPLINE OF INSUBORDINATE OR UNCOOPERATIVE OFFICERS SHALL REMAIN THE DUTY OF THE LENDING AGENCY. ALL PERSONNEL RULES APPLICABLE TO POLICE PERSONNEL OF THE MUNICIPALITY FURNISHING AID SHALL CONTINUE TO APPLY TO SUCH POLICE PERSONNEL WHILE SAID POLICE PERSONNEL IS ASSIGNED TO PERFORM SERVICES FOR THE MUNICIPALITY REQUESTING AID PURSUANT TO THIS INTERGOVERNMENTAL AGREEMENT. IN THE EVENT OF ANY APPLICATION OF THIS SECTION, ALL STATUTORY RIGHTS OF THE PEACE OFFICERS WILL BE ADHERED TO. SECTION SEVEN - RULES AND REGULATIONS: EACH PARTICIPATING MUNICIPALITY MAY ESTABLISH RULES AND REGULATIONS CONCERNING THE METHOD, TYPE AND LEVEL OF RESPONSE TO A REQUEST FOR AID. SECTION EIGHT - EFFECTIVE DATE OF AGREEMENT: • A. THIS AGREEMENT SHALL BE IN FULL EFFECT AND LEGALLY BINDING AT SUCH TIME AS AN ORDINANCE AUTHORIZING ITS EXECUTION HAS BEEN PASSED AND APPROVED BY AT LEAST TWO ( 2 ) MUNICIPALITIES LOCATED IN WHOLE OR IN PART WITHIN WILL COUNTY (AND /OR WITHIN COOK OR DuPAGE COUNTIES), ILLINOIS. THIS AGREEMENT MAY BE EXECUTED IN DUPLICATE COUNTERPARTS CONTAINING THE AUTHORIZED SIGNATURES OF ONE OR MORE MUNICIPALITIES. B. COPIES OF SUCH AN ORDINANCE ENTERING INTO THIS AGREEMENT SHALL BE FILED WITH ( . . ENTITIES ENTITLED TO RECEIVE SUCH COPIES . . ) WITHIN TEN ( 10 ) DAYS OF PASSAGE AND APPROVAL. SECTION NINE - TERMINATION OF AGREEMENT: A. ANY PARTICIPATING MUNICIPALITY MAY WITHDRAW FROM THIS AGREEMENT AT ANY TIME, AT ITS OPTION, BY ORDINANCE OF ITS BOARD OR COUNCIL. B. COPIES OF SUCH AN ORDINANCE WITHDRAWING FROM THE AGREEMENT SHALL BE FILED WITH ( . . ENTITIES ENTITLED TO RECEIVE SUCH COPIES . . ) WITHIN TEN ( 10 ) DAYS OF PASSAGE AND APPROVAL. IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN DULY EXECUTED BY THE FOLLOWING PERSONS: PASSED THIS APPROVED THIS DAY OF /ioet/ DAY OF , 1992 J2�lSEPH S/ F , ENT ORZ EY VIL PSID , 1992 CHARLENE M. SMOLLEN, VILLAGE CLERK LEMONT POLICE DEPARTMENT 416 Main Street Lemont, IL 60439 ITEM VI.C.2 John J. Bluis Chief of Police Emerg.( 708) 257-2226 Bus. (708) 257-2229 May 19, 1992 TO: Steven Jones, Village Administrator FROM: John J. Bluis, Chief of Police e SUBJECT: Intergovernmental Agreement The Village of Romeoville is in the process of going through accreditation for their police department. Part of the process is that Romeoville must enter into a cooperative agreement with neighboring police agencies for mutual aid assistance. This agreement would be to provide assistance to each other in the event of a natural disaster, mass disorder or other emergency situations. This agreement would be to establish the response of personnel and vehicles, as well as, the lines of command of their use, and other areas of concern to municipalities and police departments. Attached is the resolution approving an intergovernmental agreement for police service assistance and exhibit "A" to resolution explaining policy and procedure of agreement. I am requesting the Village Board review and sign the agreement at the May 26, 1992 board meeting.