HomeMy WebLinkAboutOrdinances - ORD-11-1548 - 08/15/2011 - AUTHORIZE INTERGVT AGMT MUTUAL AID JOHNSBURG PDOrdinance No. ORD-11- 1548 An Ordinance authorizing an Intergovernmental Agreement For Mutual Aide and Assistance in Law Enforcement Between the City of McHenry and the Village orJohnsburg WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VI E Section 6, of the Constitution of the State of Illinois. and the passage of this Ordinance constitutes an exercise of' the City's home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, the Mayor of the City of McHenry and the McHenry City Council desire to augment the available law cnforcemcnt� and WHEREAS, the Mayor and McHenry City Council desire to enter into an intergovernmental agreement with the Village of Johnsburg to provide mutual aid and assistance in law enforcement. NOW THEREFORE, BE IT ORDAINED by the Mayor and McHenry City Council as follows SECTION 1: 1. The intergovernmental agreement, a copy of which is attached hereto as Exhibit A and made a part hereol" is hereby approved. 2 The Mayor of the City of McHenry is hereby authorized to execute said agreement. SECTION 2: All ordinances or Paris thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City ofMcHenry, McHenry County, Illinois. SECTION 5: This ordinance shall be in full force and effect from and aftei its passage, approval and publication in pamphlet form as provided by law. PASSED and APPROVED this 15" day of August, 2011. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson. Condon. Voting Nay Glab. Not Voting None. Abstained None Absent: None. AT rEST City C ler's' Intergovernmental Mutual Aid Agreement This Agreement to provide law enforcement mutual aid and assistance is made and entered into among the municipality of The City of McHenry, Illinois and the Village of Johnsburg, Illinois. WHEREAS, each of the parties hereto maintains equipment and personnel for law enforcement and public safety within its own jurisdiction, AND WHEREAS, the parties hereto desire to augment the law enforcement available in their area when necessary, AND WHEREAS, the boundaries of the parties hereto are contiguous or in reasonable proximity so that mutual assistance in law enforcement is deemed feasible, AND WHEREAS, it is mutually agreed that said mutual assistance in law enforcement is deemed sound, desirable, practical, and beneficial for the parties of this Agreement to render assistance to one another in accordance with these terms. AND WHEREAS, The City of McHenry and the Village of Johnsburg have the power and authority to enter into this agreement pursuant to the provisions of Article VII, Section 10 of the Illinois Constitution of 1979, and the Illinois Intergovernmental Cooperation Act, as amended, 5 ILCS 220/1 et. seq., and other applicable authority. THEREFORE, the parties hereby agree that I. Request of Mutual Aid When it is deemed advisable by the Chief of Police for The City of McHenry or his designee, and/or the Chief of Police for the Village of Johnsburg or his designee or by the on -duty supervisor for The City of McHenry and/or the on -duty supervisor for the Village of Johnsburg to request assistance under the terms of this agreement and such assistance is requested, the Police Chief(s), his/her designee and/or the on -duty supervisor(s) receiving said request is hereby authorized to take the following action forthwith: A. Immediately determine if law enforcement equipment and/or personnel can be afforded for response to the request. B. If said equipment and/or personnel are available, dispatch said personnel and/or equipment to the area requested. II. Term of the Agreement The term of this Agreement shall become effective upon the date hereof and shall remain in force and effect until cancelled by mutual agreement of the parties hereto, or by written notice by one party to the other party, giving sixty (60) days notice of said cancellation. Termination by any signatory party to this Agreement shall not effect the agreement between the other parties. Ill. Compensation for Services All services and assistance performed under this Agreement shall be rendered without reimbursement of any party from another party. IV. Waiver of Claims and Save and Hold Harmless Each party to this Agreement agrees to fully and in all respects indemnify, defend and hold harmless the other party from and against any liability resulting from all acts, commissions, omissions or other conduct of said party and its employees. Each party member, agent and employee agrees to indemnify, defend and hold harmless the other party, its agents and its employees from and against any and all claims and liability in whatever fashion arising under this Agreement against the other party who or which may be assigned pursuant to this Agreement. The full legal and financial responsibility for injury, disability or death of an employee shall remain with the employee's respective law enforcement agency/employer. Each participating agency shall also be responsible, regardless of fault, for repairing or replacing any damage to their own vehicles and/or equipment that occurs while providing assistance under this agreement, or travelling to or from the assistance. V. Minimum Insurance Required Each party to this Agreement shall, during the entire term hereof, procure and maintain the following insurance: A. Comprehensive General Liability Insurance with minimum limits of $1,000,000 per occurrence, including owners, landlords and tenants; manufacturers and contractors; owners and contractors protective; products and completed operations; and contractual liability (which insures this Agreement). B. Personal Injury Liability Insurance with minimum limits of $1,000,000 per occurrence, which insures all regular law enforcement personnel of the named, insured including false arrest, false imprisonment, malicious prosecution, libel, slander and invasion of the right of private occupancy. C. Automobile Liability Insurance with minimum limits of $1,000,000 per occurrence covering all owned or leased automobiles. Each party will provide to the other party(s), upon request, a certificate of insurance, in form reasonably acceptable to the requesting party, evidencing the existence of such insurance. VI. Assistance Not Mandatory It is expressly understood and agreed by the parties hereto that the rendering of assistance under the terms of this Agreement shall not be mandatory, but that the party receiving the request for assistance should, as soon as practicable, inform the requesting party, that assistance will not be rendered. VII. Officer in Charge The senior ranking officer on duty of the requesting party or his/her designee shall assume full charge of the operations for which the mutual aid request is made. The senior ranking officer on duty of the requesting party or his/her designee may assign officers of any responding party to any position or duties when and where he/she deems appropriate. Provided, however, that at all times, the personnel of the aiding agency shall remain employees of their own agency and shall adhere to the policies and procedures of their own employer. While working under the direction of the aided agency, aiding law enforcement personnel shall only be required to respond to lawful orders. VIIL No Agency Created Neither party shall be deemed to be an authorized agent of the other by this agreement 1X. Entire Agreement This agreement constitutes the entire agreement between the parties hereto and no other person or entity shall be deemed to be a beneficiary of this agreement. X. Assignment No party hereto shall assign this agreement or the rights and duties hereunder. XI. Third Party Benefits This agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action whatsoever hereunder for any cause whatsoever. XII. Legal Representation The participating agencies further agree that each agency will be responsible for defending their own respective entity in any action or dispute that arises in connection with or as the result of this agreement and that each agency will be responsible for bearing their own costs, damages, losses, expenses and attorney fees. XI1I. Notices All notices given or required under this agreement shall be in writing and sent by certified mail to The Chief of Police for City of McHenry or the Chief of Police for the Village of Johnsburg, respectively. Signatory Page This signatory certifies that this mutual aid agreement between the City of McHenry and the Village of Johnsburg, has been adopted and approved by ordinance, resolution, memorandum of understanding or other manner approved by law, a copy of which is attached hereto. City of McHenry Political Entity or Agency Village of Johnsburg Political Entity or Agency Mayor — City of McHenry Susan E. Low _"1S Date Attest ref Law E rcement Officer — John Jones C ief Law Enforcement Officer — Keith VonAllmen QAA@��s'QM✓ Village President— Village of Johnsburg Edwin P. Hettermann g.- 2©-i! Date