HomeMy WebLinkAboutResolutions - R-15-006 - 06/01/2015 - AUTH. EXECUTION OF IGA W-MIATRESOLUTION NO. R-15-006
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE McHENRY
COUNTY MAJOR INVESTIGATION ASSISTANCE TEAM
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of
this Resolution constitutes an exercise of the City's home rule powers and functions as granted in the
Constitution of the State of Illinois; and
WHEREAS, the McHenry County Major Investigation Assistance Team a.k.a. MIAT is a major
crime task force for McHenry County Police Agencies with the mission to assist member agencies at their
request, when involved in a major investigation by providing additional trained manpower and
equipment; and
WHEREAS, the participating units of local government recognize that in certain situations, the
use of police personnel and equipment for execution of police duties outside of the boundaries of the units
of local government in which such personnel are legally employed, is desirable and necessary to
adequately preserve and protect the public health, safety, and welfare of the residents of the communities
served under the Agreement; and
WHEREAS, the City of McHenry has been a member of MIAT since it was established to
provide the highest level of service possible to the citizens of the City of McHenry.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ALDERMAN OF THE
CITY OF MCHENRY as follows:
SECTION L• The City of McHenry Mayor and Alderman hereby authorizes the execution of an
Intergovernmental Agreement with the McHenry County Major Investigation Assistance Team in the
foiin attached hereto and copy of which is incorporated herein.
SECTION II: All Resolutions and part of Resolutions in conflict herewith are hereby repealed.
Dated this 1 st day of JUKE 2015.
Voting Aye: Condon, Peterson, Wimmer, Curry, Schaefer, Glab, Santi
Voting Nay: None
Not Voting: None
Abstaining: None
Absent: None
Mayor
ATTEST:
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Clerk
McHenry County Major Investigation Assistance
Team Intergovernmental Agreement
The undersigned units of local government ("Parties") are authorized to enter into this
Intergovernmental Agreement ("Agreement") by the 1970 Illinois Constitution (Article VII,
§10(a)), the Illinois Intergovernmental Cooperation Act (5 ILCS 220/3) and in some cases, home
rule authority.
Section 1. Purpose of Agreement
a. The Parties recognize that, in certain situations, the use of police personnel and
equipment for execution of police duties outside of the boundaries of the units of
local government in which such personnel are legally employed, is desirable and
necessary in order to adequately preserve and protect the public health, safety and
welfare of the residents of the communities served under this Agreement.
b. The Parties further recognize that by entering into this Agreement their several law
enforcement facilities, equipment and personnel may be temporarily augmented as
necessary due to conditions which may require use of increased police resources.
Section 2. Definitions
"Aid" means police assistance including personnel and equipment for the purposes of a
criminal investigation.
"Requesting Party" is any Party requesting Aid which experiences the original
emergency/problem and who confirms that the situation is beyond the immediate resources
of the organization to handle without assistance from another Party and who has signed that
certain Memorandum of Understanding attached to the McHenry County Major Investigation
Assistance Team by-laws.
"Responding Party" is any Party to whom a request for Aid is addressed and who has signed
that certain Memorandum of Understanding attached to the McHenry County Major
Investigation Assistance Team by-laws.
Section 3. Power and Authority
a. Each Party authorizes and directs their respective chief law enforcement officer, or
his designated subordinates, to render and or request Aid to and from the other Parties
to this Agreement to the extent of available personnel and equipment not required for
adequate protection of its own jurisdiction. hi responding to a request for Aid, the
chief law enforcement officer of the Responding Party shall exercise final judgment
as to the number of personnel and the equipment to be provided to the Requesting
Party.
b. Responding Party personnel providing Aid hereunder shall be under the direction and
authority of the chief law enforcement officer or his designee of the Requesting Party.
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Responding Party personnel shall have the same powers and authority as personnel of
the Requesting Party.
C. Rendering Aid shall not be mandatory, and the Responding Party should, as soon as
practicable, inform the Requesting Party that assistance will not be rendered, if such
is the case.
d. No Parry shall be liable to another Party for a failure or refusal to render Aid or for
the withdrawal of Aid once furnished pursuant to this Agreement.
Section 4. Compensation
a. Any Aid rendered under this Agreement shall be rendered without charge.
b. Whenever a Party anticipates unusual or burdensome costs in assisting another Party
under this Agreement, it shall inform the Requesting Parry of those anticipated
unusual or burdensome costs, so that a separate written agreement for reimbursement
may be reached. No Responding Party shall be obligated hereunder to incur unusual
or overly burdensome costs without agreement for reimbursement.
Section 5. Indemnification
Each Responding Party is responsible for its personnel rendering Aid under this Agreement
and each Party releases, indemnifies and holds harmless each and every other Party hereto
with regard to any claims for injury or damage made by Responding Party personnel
including employment benefits provided by law or contract, as if the responding personnel
were acting solely within the jurisdiction of the Responding Party. Specifically, with regard
to employment benefits, all employee benefits, wage and disability payments, pension and
workman's compensation claims, damage to or destruction of equipment and clothing and
medical expense of the Responding Party shall be paid by Responding Party.
Section 6. Rules and Regulations
Each Party may establish its own rules and regulations concerning the method, type and level
of response to a request for Aid hereunder.
Section 7. Effective Date of Agreement
a. This Agreement shall be in full effect and legally binding at such time as it has been
lawfully executed by at least two Parties named herein. This Agreement may be
executed in duplicate counterparts.
b. A copy of the resolution or ordinance authorizing execution of this Agreement shall
be filed by each parry with the McHenry County Chiefs of Police Association within
thirty (30) days of passage and approval.
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Section 8. Termination of Agreement
Any Party may withdraw from this Agreement at any time, upon giving thirty (30) days'
notice to the McHenry County Chiefs of Police Association.
IN WITNESS WHEREOF, this Agreement has been duly executed by the following parties on
the dates indicated.
Algonquin Police Department
By:
Village President
Date
Cary Police Department
By:
Village President
Date
Crystal Lake Police Department
By:
City Manager
Date
Fox River Grove Police Department
By:
Village President
Date
Harvard Police Department
By:
City Mayor
Date
Huntley Police Department
By:
Village President
Date
Island Lake Police Department
By:
Village Mayor
Date
Johnsburg Police Department
By:
Village President
Date
Lake in the Hills Police Department
By:
Village President
Date
Lakemoor Police Department
By:
Village President
Date
Lakewood Police Department
By:
Village President
Marengo Police Department
By:
City Mayor Date
McHenry County Conservation District
By:
Chief of Police Date
McHenry County Sheriff's Office
Date
County Board Chairman Date
McHenry Police Departt
By: t l !
ity Mayor Date
Richmond Police Department
By:
Village President Date
Spring Grove Police Department
By.
Village President Date
Woodstock Police Department
By:
City Manager Date
Wonder Lake Police Department
By:
Village President Date
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