S-904 - 06/23/1998 - POLICE DEPARTMENT - Ordinances ORDINANCE 98-AG-PD-FIAT-EXI-S-904
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE AGREEMENT
WHEREAS, Article VII, Section 10 of the Constitution of Illinois, 5 ILCS 220/1 et seq.
and 65 ILCS 5/11-1-2.1, authorizes units of local government to enter into intergovernmental
agreements; and
WHEREAS, the Village President and Board of Trustees (the "Corporate Authorities") of
the Village of Oak Brook (the "Unit of Local Government") have determined that it would be in
the best interest of said Unit of Local Government to enter into agreements providing for mutual
police assistance with other units of local government; and
WHEREAS, the Corporate Authorities have considered the terms and conditions
contained in a certain Intergovernmental Police Service Assistance Agreement, a true and correct
copy of which is attached hereto as Exhibit "A" and is by this reference expressly incorporated
herein; and
WHEREAS, said agreement, by its terms, provides that it shall become effective upon the
passage and approval of ordinances authorizing its execution by four (4) units of local
government located in whole or in part in DuPage County, Illinois.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES,
ILLINOIS as follows:
Section 1: That the Village President and Village Clerk be and the same are hereby
authorized to execute and attest that certain Intergovernmental Police Service Assistance
Ordinance 98-AG-PD-FIAT-EXI-S- 904
Intergovernmental Police Service
Assistance Agreement,Page 2
Agreement in the form attached hereto as Exhibit "A" and that said Clerk be further authorized
to transmit a copy of this Ordinance, together with an executed agreement, to the Clerk of each
participating unit of local government within thirty (30) days of the passage and approval of this
Ordinance.
Section 2: That all ordinances and resolutions, or parts thereof, in conflict with the
provisions of this Ordinance are, to the extent of such conflict, expressly repealed.
Section 3: That this Ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
PASSED THIS 23rd day of June, 1998.
Ayes: Trustees Bartecki, Caleel, McInerney and Savino
Nays: None
Absent: Trustees Kenny and Shumate
Abstain: None
APPROVED THIS 23rd day of June, 1998.
Village President
�f TTEST:
j
p
Approved as to Form:
Village Attorney
EXHIBIT A
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05/11198
INTERGOVERNMENTAL POLICE SERVICE
ASSISTANCE AGREEiVIENT
The undersigned units of local government. pursuant to Article VII, Section 10 of
the Illinois Constitution, 5 ILCS 220/1 et seq. and 65 ILCS 5/11-1-2.1, agree as follows:
Section 1. Purpose of Agreement. It is recognized that in certain situations the
use of law enforcement personnel and equipment to perform law enforcement duties
outside of the territorial limits or jurisdiction of the unit of local government where such
officers are legally employed. is desirable and necessary in order to preserve and protect
the health, safety and welfare of the public.
Section 2. Power and Authority.
(a) Each participating unit of local government does hereby authorize and
direct its chief law enforcement officer, or his designee, to render and request mutual
police aid to and from other participating units of local government to the extent of
available personnel and equipment not required for adequate*protection of the unit of
local government rendering aid. The judgment of the chief law enforcement officer, or
his designee, of each unit of local government rendering aid as to the amount of
personnel and equipment available shall be final.
(b) A unit of local government requesting aid shall first seek such aid
from the nearest member units of local government possessing the needed personnel and
equipment.
(c) Personnel who shall be commanded by their superior authority to
maintain the peace or perform police duties outside the territorial limits or jurisdiction of
the unit of local government which regularly employs such personnel shall be under the
direction and authority of the chief law enforcement officer, or his designee, of the
member unit of local government requesting aid. Such personnel furnishing aid shall be
under the direction and authority of officers of the unit of local government in whose
command they are placed and, if they are law enforcement officers in their own unit of
local government, they shall have all the powers of law enforcement officers of the
requesting unit of local government.
(d) No unit of local government shall be liable to another unit of local
government for a failure to render aid or the withdrawal of aid once furnished pursuant to
this Agreement.
Section 3. Compensation.
(a) Cooperative police service and assistance shall be rendered without
charge to a participating unit of local government during the normal conduct of police
business.
(b) Whenever a unit of local government anticipates unusual or
burdensome costs in assisting another unit of local government under this Agreement, it
shall inform the unit of local government requesting assistance of those anticipated
unusual and burdensome costs, so that an agreement for reimbursement can be reached.
No assisting unit of local government shall be obligated hereunder to incur unusual and
burdensome costs without agreement for reimbursement.
Section 4. Indemnification. Each unit of local government requesting aid under
this Agreement does hereby agree to indemnify, defend and hold harmless any unit of
local government, employee, or officer thereof, rendering aid for any liability, cost,
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expense, claim, demand, judgment or attorneys' fees arising out of injury or damage
caused by any employee or officer involved in rendering aid, including, but not limited
to, false arrest, detention or imprisonment, wrongful death, malicious prosecution.
defamation, assault and battery, invasion of privacy, failure to protect, deprivation of civil
rights, trespass or pain and suffering or damage to the property of any third party, except
that there shall be no indemnification for any liability arising out of any willful
misconduct of any employee. Provided, however, that the total extent of such
indemnification including the costs of defense shall be limited to the greater of the
following:
(a) the limits of liability in 65 ILCS 5/1-4-6 (if applicable);
(b) the limits of liability for such an occurrence established by a self-
insurance pool of which the unit of local government liable is a
member; or
(c) the limits of liability of any insurance policy which provides coverage
to the unit of local government liable for the claim.
Section 5. 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 unit of local government rendering aid shall be paid
by the unit of local government regularly employing such person performing services
pursuant to this Agreement.
Section 6. Rules and Regulations. The chief law enforcement officer of the
participating units of local government may establish by unanimous vote or agreement,
uniform rules and regulations concerning the method, type and level of response to a
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request for aid, and the conduct of officers while rendering aid, provided that the rules
and regulations shall not be inconsistent with the terms of this Agreement. A copy
thereof shall be filed with the Clerk of each participating unit of local government. The
rules and regulations may be revised and amended from time to time by unanimous vote
or akreement of the chief law enforcement officers, and a copy of each revision or
amendment shall be filed with the Clerk of each participating,unit of local government.
These rules and regulations shall be binding upon each of the units of local govemment
and violation thereof, at the option of a majority of the other units of local govemment.
shall result in loss of the rights and privileges of the violator under this Agreement.
Section 7. Felony Investigation Assistance Team/Emergency Response Team
(FIAT/ERT). All participating units of local government shall be members of the
Felony Investigation Assistance Team ("FIAT") and the Emergency Response Team
("ERT"). Rules and regulations governing the operation of FIAT/ERT may be adopted in
the same manner as the rules and regulations provided for in Section 6 above, provided
that such rules and regulations shall not be inconsistent with the terms of this Agreement,
except that such rules and regulations may provide for the joint funding of FIAT/ERT by
the participating units of local government.
Section S. Effective Date of Agreement.
(a) This Agreement shall be in full effect and legally binding at such time
as ail ordinance, in substantially the form attached hereto as*Exhibit "1" and made a part
hereof, authorizing its execution has been passed and approved by at least four (4) units
of local government located in whole or in part within DuI age County, Illinois. This
Agreement may be executed in duplicate counterparts containing the authorized
signatures ofone or more units of local government.
(b) Copies of such an ordinance entering into this Agreement shall be
filed with the Clerk of each participating unit of local government within thirty (30) days
of passage and approval.
Section 9. Termination of Agreement.
(a) Any participating unit of local government may withdraw from this
Agreement at any time. at its option, by ordinance of its Board or Council.
(b) Copies of such ordinance withdrawing from the Agreement shall be
filed with the Clerk of each participating unit of local government with thirty (30) days of
passage and approval.
Section 10. Additional Participating Units of local government.
(a) Additional units of local government may be permitted to become a
party to this Agreement upon the written consent of all participating chief law
enforcement officers. Any unit of local government desiring to become a party to this
Agreement shall pass an ordinance authorizing the execution of this Agreement,enel
mak-iRv eleati �€atc sn> cis x� � •
(b) Copies of the ordinances provided for above shall be filed with the
Clerk of each participating unit of local government within thirty (30) days of passage
and approval.
(c) Upon becoming a party to this Agreement, any such additional unit of
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local government shall be deemed to be a participating unit of local government. !
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IN WITNESS WHEREOF, this Agreement has been duly executed by the
following persons.
COUNTY OF DU PAGE
By:
Chairman
Dated: . 1998
ATTEST:
County Clerk
VILLAGE OF BOLINGBROOK
By:
President/Mayor
Dated: , 1998
ATTEST:
Village Clerk
VILLAGE OF BURR RIDGE
By:
President/Mayor
Dated: , 1998
ATTEST:
Village Clerk
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VILLAGE OF CLARENDON
HILLS
By:
President/Mayor
Dated: , 1998
ATTEST:
Village Clerk
CITY OF DARIEN
By:
Mayor
Dated: . 1998
ATTEST:
City Clerk
VILLAGE OF DOWNERS GROVE
By:
PresidentNlayor
Dated: , 1998
ATTEST:
Village Clerk
I
VILLAGE OF HINSDALE
By:
President/Mavor
Dated: 1998
ATTEST:
Village Clerk
VILLAGE OF LEMONT
By:
President/Mayor
Dated: 1998
ATTEST:
Village Clerk
VILLAGE OF LISLE
By:
President/Mayor
Dated: , 1998
ATTEST:
Village Clerk
VILLAGE OF OAK BROOK
By:
P esident/Mayor �'
Dated: ,Tune 23 1993
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CITY OF WARRENVILLE
By:
Mayor
Dated: , 1998
ATTEST:
City Clerk
VILLAGE OF WESTMONT
By:
President/Mayor
Dated: , 1998
ATTEST:
Village Clerk
VILLAGE OF WILLOWBROOK
By:
President
Dated: , 1998
ATTEST:
Village Clerk
I
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VILLAGE OF WOODRIDGE
By:
Mayor
Dated: , 1993
ATTEST:
Village Clerk
ADDITIONAL UNITS OF LOCAL GOVERNMENT:
By:
President/Mayor
Dated:
ATTEST:
Clerk.
By:
President/Ivfayor
Dated: ,
ATTEST:
Clerk
-lo-
By:
President/Mayor
Dated: ,
ATTEST:
Clerk
By:
President/Mayor
Dated:
ATTEST:
Clerk