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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 SECTION II: All Resolutions and part of Resolutions in conflict herewith are hereby repealed.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: Vkttp, w t 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. Page 1 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. Page 2 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 Page 3