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HomeMy WebLinkAboutResolutions - R-83-4 - 01/31/1983 - IGA Police Services i I Ir INTERGOVERNMENTAL POLICE SERVICE AGREEMENT The undersigned municipalities, pursuant to Article VII, Section 10, Consitution of Illinois, 1970, and Ill. Rev. Stat. , 1979, Ch. 127 Section 741-748, and, Ill. Rev. Stat. , 1979, Ch. 24, Sections 1-4-6 and 11-1-2. 1 agree as follows, by and through their respective corporate authorities: Section 1. - Purpose of Agreement a. The parties hereto each recognize that, in certain situations, the use of police personnel and equipment for execution of police duties outside of the boundaries of the municipalities in which such personnel are legally employed, is desirable and necessary in order adequately to preserve and protect the public health, safety and welfare of the residents of the parties. b. The parties hereto further recognize that by entering into this agreement their several law enforcement facilities may be augmented as necessary depending upon conditions which may require use of increased police facilities. Section 2. - Definitions "AID" represents both the tentative commitment and the actual commitment of work resources including personnel and equipment. "EMERGENCY" will encompass those sudden occurrences demanding quick action by the responsible public agency in order to prevent or reduce the threat to public safety. It will also include those events of unusual occurrence where some advance warning is received but the event will overwhelm the total resources available to the responsible agency. "REQUESTING AGENCY" will be the particular organization that experiences the original emergency problem and who confirms that it is beyond the immediate resources of the organization to handle completely. "RESPONDING AGENCY" is each agency who has agreed in writing to participating in the mutual assistance plan and pact with the endorsement of the elected officials for the local government unit being represented. Each participating agency is entitled to reciprocal services under the term set forth in the plan and pact. Section 3. - Power and Authority a. Each of the parties hereto herby authorize and direct their respective Chiefs of Police, or their designated subordinates, to render and request mutual police aid to and from other parties hereto to the extent of available personnel and equipment not required for adequate protection of the municipality render aid. In responding to a request for aid, the Chief of Police to whom such request is made, or his designated subordinate shall exercise final judgment as to the numbers of personnel and the equipment to be provided to the municipality making the request. b. Personnel who shall be directed by their superior authority to maintain the peace, or to 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. c. It is expressly understood and agreed by the parties hereto that providing, or rendering assistance under the terms of this agreement shall not be mandatory, and, that the party receiving a request for assistance should, as soon as practicable, inform the requesting department that assistance will not be rendered. - 2 - d. No municipality shall be liable to another municipality for a failure to render aid or for the withdrawal of aid once furnished pursuant to this Agreement. Section 4. - Parties to Agreement The municipality initiating a request for aid shall be designated the "requesting" municipality, and, the municipality to which the request for assistance is addressed shall be designated the "responding" municiaplity. Section 5. - Compensation a. Cooperative police service and assistance shall be rendered without charge to a participating municiaplity during the normal conduct of police business. b. Whenever a municiaplity anticipates unusual or burdensome costs in assisting another municipality under this Agreement, it shall inform the municipality requesting assistance of those anticipated unusual or 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 reimbursements. Section 6. - Indemnification That by the adoption of this Resolution, the (City, County or Village of) expressly assumes the responsibility for members of its police force acting pursuant to said Emergency Call-Up Plan, both as to indemnification of said police officers as provided for by Chapter 24, Illinois Revised Statutes, Section 1-4-6, and as to personal benefits to said police officers, all to the same extent that they are protected, insured, indemnified and otherwise provided for by the Statutes of the State of Illinois and the State of Illinois and the (Ordinances or Statutes) of the (City, County or Village) when acting solely within the corporate limits of - 3 - the (City, County or Village) : Said participation in the Emergency Call-Up Plan being hereby designated and defined to be included in the duties of the (Name of Department) Department. Section 7. - Liability All employee benefits, wage and disability payments, pension and workmen's compensation claims, damage to or destruction 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 8. - Rules and Regulations Each participating municipality may establish rules and regulations concerning the method, type and level of response to a request for aid. Section 9. - Effective Date of Agreement a. 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 two (2) municipalities located in whole or in part within McHenry County, Illinois. This Agreement may be executed in duplicate counterparts containing the authorized signatures of duly authorized agents of one or more municipalities. b. Copies of such an ordinance entering into this Agreement shall be filed with the McHenry County Emergency Services and Disaster Agency within thirty (30) days of passage and approval. Section 10. - Termination of Agreement a. Any participating municipality may withdraw from this Agreement at - 4 - • any time, at its option, adopting an ordinance, and upon giving thirty (30) days notice to all parties to this Agreement. b. Copies of such an ordinance withdrawing from the Agreement shall be filed with the McHenry County Chiefs of Police Association and the McHenry County Emergency Services and Disaster Agency within thirty (30) days of passage and approval. IN WITNESS WHEREOF, this Agreement has been duly executed by the following S'T parties and passed this day of ,4 N 04 P.y , 1983 . ,Ty of NIc11E61 (Name of Municipality) BY: )21,1211;/ � r) BY: GAa ..=-Aee--140? (Chief of Police) ATTEST: ‘ $etAlivt/24( CLERK - 5 - RESOLUTION NO. R-83-4 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL POLICE SERVICE AGREEMENT. WHEREAS, the City Council of the City of McHenry , deem it desirable and appropriate for the City of McHenry to enter into an agreement for providing mutual police assistance in the form of the Agreement attached hereto as Exhibit "A", and WHEREAS, the City Council of the City of McHenry is authorized to enter into said agreement pursuant to Article VII, Section 10 of the Constitution of Illinois, 1970, Ch. 127, Sections 741 through 748, Illinois Revised Statutes, 1979. NOW, THEREFORE, BE IT RESOLVED by City Council of the City of McHenry that the Mayor and Chief of Police be and the same are hereby authorized to execute the Intergovern- mental Police Service Agreement, a copy of which is attached hereto as Exhibit A, which execution shall become effective when approved by at least two (2) municipalities located in whole or in part within McHenry County, Illinois. PASSED and APPROVED this 31st day of January , 1982. APPROVED: ATTEST: • Clerk ROLL CALL VOTE AYES: Nolan, Pepping, Datz, Busse, Smith, Gelwicks, Meurer, Serritella NAYS: None ABSTENTIONS: None ABSENT: None