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HomeMy WebLinkAboutResolutions - R-84-16 - 05/21/1984 - IGA for Mobile Team In-Service Training Unit RESOLUTION NO. R-84-16 RESOLUTION AUTHORIZING THE t'NY OF NicHENict CITY OF McHENRY, ILLINOIS TO ENTER INTO AN EXTENSION OF AN INTERGOVERNMENTAL AGREEMENT WHEREAS , the General Assembly of the State of Illinois has enacted the Intergovernmental Law Enforcement Officer ' s In Service Training Act (Public Act 82-674 approved and effective September 17 , 1981 ) ; and WHEREAS , on April 15 , 1983, the Village of Addison , DuPage County, Illinois , a municipal corporation , and Kendall County, a body politic incorporate, State of Illinois entered into an Intergovernmental Agreement pursuant to authority vested in them by Article VII , Section 10 of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act (Chapter 127 , Section 741 , et seq . Illinois Revised Statutes , and was amended on May 15 , 1983 , and established a Mobile Team In Service Training Unit pursuant thereto, which Intergovernmental Agreement was adopted by the City of McHenry, Illinois , on JuNE a3 , 1983; and WHEREAS , the Mobile Team in Service Training Unit has been most successful in attracting many municipalities who have actively participated in and cooperated with the many programs offered by the Mobile Team; and WHEREAS , on May 8, 1984 the Village of Addison , Illinois and Kendall County extended the term of the Intergovernmental Agreement of April 15 , 1983 , as amended , from June 30 , 1984 , to June 30 , 1985 and thereafter as provided therein ; and WHEREAS , it would be in the best interest of the City of McHenry, Illinois to join in said extension . NOW, THEREFORE , Be It Resolved by the City Council of the City of McHenry, Illinois that the Mayor and City Clerk are hereby authorized to execute an extension of the adoption of the Intergovernmental Agreement entered into on April 15 , 1983 , between the Village of Addison and Kendall County, Illinois , as amended , extending the term of same to June 30 , 1985 , and thereafter as provided therein . BE IT FURTHER RESOLVED that this Resolution shall take effect from and after its passage and approval as provided by law. BE IT FURTHER RESOLVED that the Clerk be and is hereby authorized and directed to deliver a certified copy of this Resolution to the Coordinator of North East Multi -Regional Training , Inc . within 10 days from the adoption of this Resolution . PASSED this 21stday of MaY , 1984 . AYES : Bolger, Busse, Datz, McClatchey, Nolan, Smith, Snell , Serritella NAYS : None ABSTAINED : None ABSENT: None NOT VOTING : None APPROVED this 21st day of MaY , 1984 . ‘60,4.942---ze.1 MAYOR ATTEST: CITY CLERK -2- EXTENSION OF INTERGOVERNMENTAL AGREEMENT This Agreement made and entered into this 8th day of May , 1984, by and between the VILLAGE OF ADDISON, DU PAGE COUNTY, ILLINOIS, a municipal corporation (hereinafter "Addison") and KENDALL COUNTY, ILLINOIS , a body politic and corporate of the State of Illinois (hereinafter "Kendall") : WITNESSET H: WHEREAS, on April 15, 1983 Addison and Kendall entered into an Intergovernmental Agreement establishing a Mobile Team In Service Training Unit (hereinafter referred to as "Mobile Team") pursuant to the Intergovernmental Law Enforcement Officers In Service Training Act (Public Act 82-674, approved and effective September 17, 1981 and hereinafter referred to as "the Act") , and WHEREAS, an Amendment to said Agreement was entered into by the parties hereto on May 15 , 1983 which provided , among other matters , that additional units of local government could participate in the Mobile Team unit with the parties hereto, and WHEREAS , as both Addison and Kendall are desirous of extending the term of the Intergovernmental Agreement of April 15, 1983, as amended, which terminates on June 30, 1984 and further defining the policy and management of the Mobile Team , and WHEREAS, the parties enter into this Extension Agreement pursuant to the authority vested in them by Article VII, Section 10 of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act (Chapter 127, Section 741, et. seq. , Illinois Revised Statutes) , NOW THEREFORE, in consideration of the mutual covenants in this Agreement, the parties hereto agree as follows: 1. The Intergovernmental Agreement of April 15 , 1983 , as amended, is hereby extended for a term commencing July 1 , 1984 and terminating June 30 , 1985 , and will continue from year to year thereafter providing that the parties hereto, or any other party adopting this agreement , which elects not to participate for any ensuing year shall notify the Chairman of the Advisory Board in writing sixty (60) days prior to any anniversary date of its election not to renew its participation. 2. Addison and Kendall upon execution of this Extension Agreement, along with all other units of local government which shall subsequently agree to the Intergovernmental Agreement of April 15, 1983, and this Extension Agreement , shall , by such action, become participants in the Mobile Team. In addition , all units of local government which execute the Intergovernmental Agreement and Extension Agreement shall by such action, become the members of the North East Multi-Regional Training, Inc., an Illinois not-for-profit corporation (hereinafter referred to as the Corporation). That Corporation as hereinafter provided shall establish policy and provide management and guidance for the Mobile Team. 3. The By-Laws of the Corporation provide for the election of a Board of sixteen directors by the membership at an annual meeting held on the first Saturday of March each year. The composition of the Board of Directors complies with those statutory standards established in the Act, and the directors so elected by the membership also constitute the Advisory Board of the Mobile Team as required by the Act. Additionally, the officers of the Corporation elected by the Directors, comprise the officers of the Advisory Board and hold corresponding offices with the President of the Corporation serving as Chairman of the Advisory Board; Vice-President of the Corporation serving as Vice-Chairman of the Advisory Board; Secretary of Corporation serving as Secretary of the Advisory Board; and Treasurer of the Corporation serving as Treasurer of the Advisory Board. 4 . The duties and responsibilities of the Board of Directors/Advisory Board are those which are prescribed in the Act in addition to those additional duties and obligations which may be necessary or required in the management of the Corporation's business and affairs. 5. Any unit of local government agreeing to the terms of the Intergovernmental Agreement, as amended, shall only be obligated to pay to the North East Multi-Regional Training, Inc. Mobile Team an annual payment per police officer. (For FY85 - July 1 , 1984 - June 30 , 1985 the amount per officer shall be $30.) Each of the participants shall contribute its financial contribution in cash except to the extent a contribution of goods and services for the operation of the Mobile Team conforming to the rules of the Act may be agreed upon by the Advisory Board in lieu thereof. All such contributions shall be established by the Advisory Board not less than ninety ( 90 ) days prior to the beginning of the term for which annual payments are to be made. The Advisory Board, upon a two-thirds vote, may modify the annual payments due from Mobile Team participants provided written notice of same is sent to each participant not less than ninety ( 90) days prior to the beginning of the term for which annual payments are to be made. 6. The individual parties to this contract do not intend by executing it to undertake joint or severable financial responsibility for actions of the Mobile Team or the Corporation except up to the extent of the annual maximum per police officer obligatory payment set forth herein. It is the intention of the parties in entering into this agreement that the operations of the Mobile Team be financed through payment from the State, user 2 • fees and the limited amounts of per officer annual payments due from the members. 7. Recognizing that time is of the essence, all parties agree to deliver their required annual contributions on or before the first day of that month for the term in which they are due, or upon the date that they become Mobile Team participants, whichever first occurs. Any party who fails to make such contribution when due may be terminated as a Mobile Team participant upon a majority vote of the Advisory Board. In the event a participant shall be terminated for failure to make contributions when due, all of that participant's rights to the services and privileges of membership in the future shall immediately cease and abate; and any contributions already made to the Mobile Team shall be forfeited and retained. 8. The Intergovernmental Agreement of April 15, 1983 , as amended, may be amended or modified at any time by a two-thirds vote of the Advisory Board, provided however , that no such amendment shall be effective to: 1) modify the payments due from Mobile Team participants or 2) to extend the term of this Agreement, except in the manner and form provided herein. 9 . All other conditions , covenants , obligations and undertakings in the Intergovernmental Agreement, as amended, not modified herein, remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in their respective corporate names by the authorized signatures of the respective officers and by their respective officers having custody thereof on the 8th day of MAY , 1984. ATTEST: VILLAGE OF ADDISON, ILLINOIS, a municipal corporation .A•� i � iy 'J u ATTEST: KENDALL COUNTY, a body politic and corporate of the State of Illinois Xiec 1 7: 3 ADOPTION OF EXTENSION OF INTERGOVERNMENTAL AGREEMENT Pursuant to the authority granted by the corporate authorities of the City of McHenry, Illinois in Resolution Number R-V.1- ► (, said unit of government agrees to and does hereby adopt and become a party to the Extension of Intergovernmental Agreement entered into between the Village of Addison and Kendall County dated May 8, 1984, a copy of which is attached hereto. IN WITNESS WHEREOF, the unit of government hereinafter set forth has caused this instrument to be executed in its corporate name by its Mayor and attested by its City Clerk this 21st day of May, 1984. CITY OF McHENRY , ILLINOIS Mayor ATTEST: City Clerk