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HomeMy WebLinkAboutRESOLUTION - 43-81 - 7/14/1981 - POLICE SERVICE ASSISTANCE AGREEMENTRESOLUTIM IdO. 43-81 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO SIGN AN INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE AGREEMENT A'0'J, 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 upo.i the signature of the Vi'lage President. Section 2. That this resolution shall be in full force and effect from and after its ffassage and approval according to lair. PASSED this 14th day of July , 1981 . APPROVED this 14th day of July , 1981 . Charles J. Zettek President Attest: Fay M. Bishop Village Clerk 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 follows: Section 1. Purpose of Agreement Tt 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 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 equipment available, shall be final. (b) A Municipality requesting aid shall first seek such aid from the nearest member Municipalities posessing the needed personnel and equipment. (c) Personnel who shall be commanded by their suoar4 x 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 police officers of the requesting municipality. (d) No municipality shall be liable to another munici- pality for a failure to render aid or the withdrawl 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 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 4. Indemnification Each Municipality requesting aid under this Agreement does hereby agree to indemnify, defend and hold harmless any -3 - Municipality, employee, or officer thereof, rendering aid for any liability, cost, exposure, 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 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, 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 of a self-insured pooled of which a municipality is a member. 3) the limits of liability of any insurance policy which provides coverage to the municipality for a claim. Section S. Liability All employee benefits, wage and disability payments, pension and workmen's compensation claims, damage to equipment and clothing and medical expense shall be paid by the Municipality regularly employing such person performing services pursuant to this Agreement. -a - Section 6. Rules and Regulations The participating Municipalities may establish rules and regulations concerning the method, type and level of response to a request for aid. Section 7. Effective Date of Agreement 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 fifteen (15) municipalities located in whole or in part within DuPage County, Illinois. This agreement may be executed in duplicate counterparts containing the authorized signatues of one or more municipalities. Section 8. Termination of Agreement (a) Any participating Municipality may withdraw from this Agreement at any time, at its option, by ordinar-e of its Board or Council. (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, ffMu ATTEST: Clerk ✓ ('