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HomeMy WebLinkAboutRESOLUTION - 21-84 - 4/24/1984 - AGRMT/INTERGOVERNMENTAL POLICE SERVICERESOLUTION NO. 21-84 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO SIGN AN AGREEMENT FOR INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE BETWEEN ELK GROVE VILLAGE AND A MAJORITY OF DUPAGE COUNTY MUNICIPALITIES NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: "INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE AGREEMENT" a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 24th day of April 1984. APPROVED this 24th day of April 1984. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk = MAYORS AND MA1VAGRt-1S C.:OATFE.R.LNCE 11111111111i'''� r IIII(II►(I((I Founded June 19. 1962 MEMBER MUNICIPALITIES ADDISON AURORA BARTLETT BENSENVILLE BLOOMINGDALE BOLINGBROOK BURR RIDGE CAROL STREAM CLARENDON HILLS DARIEN DOWNERS GROVE ELIr 9ST GLLI,.. ALE HEIGHTS GLEN ELLYN HANOVER PARK HINSDALE ITASCA LISLE LOMBARD NAPERVILLE OAK BROOK OAKBROOK TERRACE ROSELLE VILLA PARK WARRENVILLE WAYNE WEST CHICAGO WE4TMONT W:� ON WILLOWBROOK WINFIELD WOOD DALE WOODRIDGE an association of municipalities representing over 530,000 people 500 North Gary Avenue Carol Stream. Illinois 60187 (312) 665-7102 February 20tH, 1984 I, Steven E. Aavang, Executive Director of the DuPage Mayors and Managers Conference, hereby certify that the attached agreement is a true and exact copy of the original DuPage Mayors and Managers Conference Intergovernmental Police Service Assistance Agreement. r , Steven E. Aavang Executive Director Title DuPage Mayors and Managers Conference i+1J�Cril�c(i alio .�.:�1'L Lo )r:• 1W •.• r_,. J.. 'I,!: 1'I• <.i , , ,q. 61 Aotari t ,lis CG.:I7 i rs5or1 .'x, it . 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 Cof the Illinois Revised Statutes,'agree as follows: Section 1. - 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 Cpreserve and protect the health, safety and welfare of the public. Section 2. - 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 judgment of the Chief of Police or his designee of each municipality rendering aid, as to the amount of personnel and equip- ment 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. I (c) Personnel who shall be commznded 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 of the powers of Cpolice officers of the requesting municipality. (d) No municipality shall be liable to another munici- pality for a failure to render aid or the withdrawal of aid once furnished pursuant to this Agreement. Section 3. - Compensation (a) Cooperative police service and assistance shall be rendered without charge to a participating municipality during Cthe 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 munici- pality shall be obligated hereunder to incur unusual and burden- some costs without agreement for reimbursement. Section 4. - Zdemnification Each municipality requesting aid under this Agreement does hereby agree to indemnify, defend and Gold ha rnilLss ary municipality, employee, or officer thereof, rendering aid for any liability, cost, expense, claim, demand judgment 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 - 2 - 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: 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 occurence established by a self-insurance pool of which the municipality liable is a member. 3) the limits of liability of any insurance Cpolicy which provides coverage to the -11 municipality liable for the claim. Section 5. - Liability All employee benefits, wage and disability payments, pension and workmen's compensation claims, damage to or destruct- ion 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 6. - Rules and Regulations Each participating municipality may establish rules and regulations concerning the method, type and level of respo.,se to a request for aid. Section 7. - Effective Date of Agreement (a) This Agreement shall be in full effect and legally - 3 - 3 0 binding at such time as an ordinance authorizing its execution has been passed and approved by at least fifteen (15) municipali- ties located in whole or in part within DuPage County, Illinois. This agreement may be executed in duplicate counterparts contain- ing the authorized signatures of one or more municipalities. (b) Copies of such an ordinance entering into this Agreement shall be filed with the Executive Director of DuPage Mayors and Managers Conference within thirty (30) days of passage and approval. Section 8. - 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. C(b) Copies of such an ordinance withdrawing from the Agreement shall be filed with the Executive Director of DuPage Mayors and Managers Conference within thirty (30) days of passage and approval. IN WITNESS WHEREOF, this Agreement has been duly executed by the following persons. ATTEST: Q ern By I - 4 - (Name of Municipality) (President/Mayor) 0