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R-205-92 Resolution Authorizing Execution Of Intergovernmental Police Serive Assistance AgreementRESOLUTION a RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERN- MENTAL 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 WHEREAS, the attached Agreement will provide such assis- tance between the Police Departments of Bolingbrook, Darien, Downers Grove, Lisle, Naperville, Warrenville, Woodridge and Lemont; and WHEREAS, the contribution required for this valuable part- nership is $500 per year. 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 L�E/�MONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS, on thisc o7 day of �� , 1992. Kenneth Bromberek Barbara Buschman Bert Ercoli Richard Kwasneski William Margalus Ralph Schobert Approved by me this Attest: NAYS PASSED ABSENT t 7/7_ 05 tof Ze t Charlene M. Smollen, Village Clerk day of J//' , 1992 and Kwasneski, Village President pro -tem 114/ Charlene M. Smollen, Village Clerk EXHIBIT "A" INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE AGREEMENT The undersigned municipalities ( "participating 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 follows: 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 police 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. Page 2 Intergovernmental Police Service Assistance Program 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 requesting 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 attorneys' fees arising out of injury or damage caused by an 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 the 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: (1) The limits of liability in Chapter 24, Section 1 -4 -6 of the Illinois Revised Statutes. (2) the limits of liability for such an occurrence established by a self - insurance pool of which the municipality liable is a member. (3) The limits of liability of any insurance policy which provides coverage to the municipality liable for the claim. Page 3 Intergovernmental Police Service Assistance Agreement 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: RULES AND REGULATIONS The Police Chiefs of the participating municipalities may establish by unanimous vote or agreement, uniform rules and regulations concerning the method, type and level of response to a request for aid, and the conduct of officers while rendering aid, provided that the rules and regulations shall not be inconsistent with the terms of this Agreement. A copy thereof shall be filed with the Clerk of each participating municipality. The rules and regulations may be revised and amended from time to time by unanimous vote or agreement of the Police Chiefs, and a copy of each revision or amendment shall be filed with the Clerk of each participating municipality. These rules and regulations shall be binding upon each of the municipalities, shall result in loss of the rights and privileges of the violator under this Agreement. SECTION SEVEN: FELONY INVESTIGATION ASSISTANCE TEAM (FIAT) One or more of the participating municipalities have heretofore formed the Felony Investigation Assistance Team (FIAT). The purpose of FIAT is to pool investigative resources in order to expeditiously investigate and solve serious crimes. All participating municipalities shall be members of FIAT. Rules and regulations governing the operation of FIAT may be adopted in the same manner as the rules and regulations provided for in Section 6 above, provided that such rules and regulations shall not be inconsistent with the terms of this Agreement, except that such rules and regulations may provide for the joint funding of FIAT by the participating municipalities. 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 four (4) municipalities located in whole or in part within DuPage County, Illinois, This Agreement may be executed in duplicate counterparts containing the authorized signatures of one or more municipalities. Page 4 Intergovernmental Police Service Assistance Program (b) Copies of such an ordinance entering into this Agreement shall be filed with the Clerk of each participating municipality within thirty (30) 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 Village Board or City Council. (b) Copies of such and ordinance withdrawing from the Agreement shall be filed with the Clerk of each participating municipality within thirty (30) days of passage and approval. SECTION 10: ADDITIONAL PARTICIPATING MUNICIPALITIES (a) Additional municipalities may be permitted to become a party to this Agreement upon the written consent of all participating chief law enforcement officers. Any municipality desiring to become a party to this Agreement shall adopt an ordinance authorizing the execution of this Agreement. (b) Copies of the ordinances provided for above shall be filed with the Clerk of each participating municipality within thirty (30) days of passage and approval. (c) Upon becoming a party to this Agreement, any such additional municipality shall be deemed to be a participating municipality. IN WITNESS WHEREOF, this Agreement has been duly executed by the following persons. ATTEST: