R-272-93 Approving an intergovernmental agreement for police service assistanceITEM VI.C.1
RESOLUTION c9 7 a"
RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
FOR POLICE SERVICE ASSISTANCE
(WH.L COUNTY)
WHEREAS, 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; and
WHEREAS, the Village of Lemont does hereby 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 of the
Village of Lemont, Cook, Will and DuPage Counties, Illinois, that the Village Board of
Trustees authorizes 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 hereto as
Exhibit A.
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.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF ONT, COUNTIES COOK, WILL, AND DU PAGE, ILLINOIS,
ON THIS day of , 1993.
Barbara Buschman
Alice Chin
Keith Latz
William Margalus
Rick Rimbo
Ralph Schobert
Approved by me this Cft day of
ATTEST:
7n
CHARLENE M. SMOLLEN, VILLAGE CLERK
AYES NAYS PASSED ABSENT
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CHARLENE M. SMOLLEN, VILLAGE CLERK
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fr • ' 0 KW • NESKI, VILLAGE PRESIDENT
1993
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RESOLUTION NUMBER:
272
DATE: June 28, 1993
WILL COUNTY MUTUAL AID
INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE
A G R E E M E N T
THIS INTERGOVERNMENTAL AGREEMENT MADE AND ENTERED INTO THIS
28th DAY OF JUNE , 199 3 , BY AND BETWEEN THE
WILL COUNTY BOARD, AN ILLINOIS MUNICIPAL CORPORATION, AND THE
MUNICIPALITY OF VILLAGE OF LEMONT , AN
ILLINOIS MUNICIPAL CORPORATION, LOCATED WITHIN WILL COUNTY,
ILLINOIS.
W I T N E S S E T H:
WHEREAS, IT IS RECOGNIZED THAT IN CERTAIN SITUATIONS THE USE
OF POLICE PERSONNEL AND EQUIPMENT TO PERFORM POLICE DUTIES OUTSIDE
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; AND,
WHEREAS, ARTICLE VII, SECTION 10 OF THE CONSTITUTION OF THE
STATE OF ILLINOIS (1970) AUTHORIZES UNITS OF LOCAL GOVERNMENT,
INCLUDING, MUNICIPALITIES, TO CONTRACT TO EXERCISE, COMBINE OR
TRANSFER ANY POWER OR FUNCTION NOT PROHIBITED TO THEM BY LAW OR
ORDINANCE; AND,
WHEREAS, THE INTERGOVERNMENTAL COOPERATION ACT (ILLINOIS
COMPILED STATUTES, CHAPTER 5, ACT 220, SECTION 220/1 THROUGH 220/8,
1992 AS AMENDED) AUTHORIZES UNITS OF LOCAL GOVERNMENT IN ILLINOIS
TO EXERCISE JOINTLY WITH ANY PUBLIC AGENCY OF THE STATE, INCLUDING
OTHER UNITS OF LOCAL GOVERNMENT, ANY POWER, PRIVILEGE OR AUTHORITY
WHICH MAY BE EXERCISED BY A UNIT OF LOCAL GOVERNMENT INDIVIDUALLY
AND TO ENTER INTO CONTRACTS FOR THE PERFORMANCE OF GOVERNMENTAL
SERVICES, ACTIVITIES AND UNDERTAKING;
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING PREMISES AND
OF THE COVENANTS AND CONDITIONS HEREINAFTER CONTAINED, THE ADEQUACY
AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE
AS FOLLOWS:
I. POWER AND AUTHORITY:
A. THE RECITALS SET FORTH HEREINABOVE ARE EXPRESSLY
INCORPORATED HEREIN.
B. 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 PARTY RENDERING AID. THE JUDGEMENT OF
THE CHIEF OF POLICE, OR HIS DESIGNEE, AS TO THE AMOUNT OF
PERSONNEL AND EQUIPMENT AVAILABLE, SHALL BE FINAL.
C. A MUNICIPALITY REQUESTING AID SHALL FIRST (1st) SEEK SUCH
AID FROM THE NEAREST MEMBER MUNICIPALITIES POSSESSING THE
NEEDED PERSONNEL AND EQUIPMENT.
D. 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 MUNICIPALITY REQUESTING AID. SUCH
PERSONNEL FURNISHING AID SHALL BE UNDER THE DIRECTION AND
AUTHORITY OF OFFICERS OF THE 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.
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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. gib"`'
COMPENSATION:
A.
COOPERATIVE POLICE SERVICE AND ASSISTANCE SHALL ':.BE
RENDERED WITHOUT CHARGE TO A PARTY REQUESTING AID DURING,
THE NORMAL CONDUCT OF POLICE BUSINESS. ;<
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. NEITHER MUNICIPALITY SHALL BE OBLIGATED
HEREUNDER TO INCUR UNUSUAL AND BURDENSOME COSTS WITHOUT
AGREEMENT FOR REIMBURSEMENT.
III. INDEMNIFICATION:
A. EACH MUNICIPALITY REQUESTING AID UNDER THIS AGREEMENT
DOES HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS
ANY MUNICIPALITY, OR EMPLOYEE, OR OFFICER THEREOF,
RENDERING AID FROM 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 (3rd) 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:
(1.) THE LIMITS OF LIABILITY IN ILLINOIS COMPILED
STATUTES, CHAPTER 65, ACT 5, SECTION 5/1 -4 -6.
(2.) THE LIMITS OF LIABILITY FOR SUCH AN OCCURRENCE
ESTABLISHED BY SELF - INSURANCE POOL OF WHICH THE
LIABLE MUNICIPALITY IS A MEMBER.
(3.)
THE LIMITS OF LIABILITY OF ANY INSURANCE POLICY
WHICH PROVIDES COVERAGE TO THE MUNICIPALITY LIABLE
FOR THE CLAIM.
IV. `LIABILITY:
A. ALL EMPLOYEE BENEFITS, WAGES AND DISABILITY PAYMENTS,
PENSION AND WORKMEN'S COMPENSATION CLAIMS, DAMAGE TO OR
DESTRU.3TION 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.
V. DISCIPLINE:
A. ALTHOUGH THE REQUESTING MUNICIPALITY IS IN COMMAND OF ALL
OFFICERS, OF ANY RANK, AT THE SCENE, DISCIPLINE OF
INSUBORDINATE OR UNCOOPERATIVE OFFICERS EMPLOYED BY THE
LENDING MUNICIPALITY SHALL REMAIN THE DUTY OF THE
RESPONDING MUNICIPALITY. ALL PERSONNEL RULES APPLICABLE
TO POLICE PERSONNEL OF THE MUNICIPALITY FURNISHING AID
SHALL CONTINUE TO APPLY TO SUCH POLICE PERSONNEL WHILE
SAID POLICE PERSONNEL ARE 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.
VI. RULES AND REGULATIONS:
A. EACH PARTICIPATING MUNICIPALITY MAY ESTABLISH RULES AND
REGULATIONS CONCERNING THE METHOD, TYPE AND LEVEL OF
RESPONSE TO A REQUEST FOR AID.
VII. EFFECTIVE DATE OF AGREEMENT:
A. THIS AGREEMENT SHALL BE IN FULL EFFECT AND LEGALLY
BINDING AT SUCH TIME AS A RESOLUTION AUTHORIZING ITS
EXECUTION HAS BEEN PASSED AND APPROVED BY AT LEAST TEN
(10) MUNICIPALITIES LOCATED IN WHOLE OR IN PART WITHIN
WILL COUNTY, ILLINOIS. THIS AGREEMENT MAY BE EXECUTED IN
DUPLICATE COUNTERPARTS CONTAINING THE AUTHORIZED
SIGNATURES OF THE BOARD OR COUNCIL.
B. COPIES OF SUCH RESOLUTIONS APPROVING THIS AGREEMENT SHALL
BE FILED WITH THE RESPECTIVE MUNICIPALITIES WITHIN TEN
(10) DAYS; AND WITH THE EXECUTIVE DIRECTOR OF THE "WILL
COUNTY MAYORS AND MANAGERS ASSOCIATION" WITHIN THIRTY
(30) DAYS OF ITS PASSAGE AND APPROVAL.
VIII.TERMINATION OF AGREEMENT:
A. ANY PARTICIPATING MUNICIPALITY MAY WITHDRAW FROM THIS
AGREEMENT AT ANY TIME, AT ITS OPTION, BY RESOLUTION
PASSED OF ITS BOARD OR COUNCIL.
B. COPIES OF SUCH RESOLUTIONS WITHDRAWING FROM THE AGREEMENT
SHALL BE FILED WITH THE RESPECTIVE LOCAL GOVERNMENT
WITHIN FIVE (5) DAYS; AND WITH THE EXECUTIVE DIRECTOR OF
THE "WILL COUNTY MAYORS AND MANAGERS ASSOCIATION" WITHIN
THIRTY (30) DAYS OF ITS PASSAGE AND APPROVAL.
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN DULY EXECUTED BY
THE FOLLOWING PERSONS:
COUNTY OF WILL
MUNICIPALITY OF:
VILLAGE OF LEMONT
Cooke DuPage and
Will COUNTY, ILLINOIS
BY: BY
ATTEST:
RI HARD A. KWASNESKI
TITLE TITLE
COUNTY CLERK .
VILLAGE PRESIDENT
ATTEST:
MUNICIPAL CLERK
CHARLENE M. SMOLLEN