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IGA Police Service Assistance- FIAT 06-8-2009 ORDINANCE NO. 2009 - 34 ORDINANCE ESTABLISHING AN INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE AGREEMENT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES VILLAGE OF BROOKFIELD, COOK COUNTY, ILLINOIS THE 8T" DAY OF JUNE 2009 Published in pamphlet form by authority of the corporate authorities of Brookfield, Illinois, the 9th day of June 2009 ORDINANCE NO. 2009 - 34 ORDINANCE ESTABLISHING AN INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE AGREEMENT WHEREAS, fifteen suburban communities have formed an organization known as the Felony Investigative Assistance Team (FIAT); and WHEREAS, the purpose of said organization is to establish procedures to follow in an emergency situation that threatens or causes loss of life and property and exceeds the physical and organizational capabilities of a single unit of local government; and WHEREAS, the President and Board of Trustees of the Village of Brookfield after due investigation have determined that membership in said organization will benefit the residents of said Village. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES of the Village of Brookfield, Cook County, Illinois as follows: SECTION ONE: That the Village President be and is hereby authorized to execute and the Village Clerk be and is hereby authorized to attest an Agreement for membership in the Felony Investigative Assistance Team, a copy of said agreement is attached hereto and is made part hereof. SECTION TWO: That the Village Clerk be and is hereby authorized and directed to forward a certified copy of this ordinance to the clerk of each participating unit of government within thirty (30) days of the passage and approval of this ordinance. 144830-3 SECTION THREE: This ordinance shall be in full force and effect from after its passage and approval by the Board of Trustees of the Village of Brookfield as provided by law. ADOPTED this 8th day of June 2009 pursuant to a roll call vote as follows: AYES: Trustee Edwards, Towner, LeClere, Oberhauser, Hall and Prause NAYS: None ABSENT: None ABSTENTION: None APPROVED by me this 8th day of June 2009. Michael J. Garvey, President of the Village of Brookfield, Cook County, Illinois ATTESTED and filed in my office and published in pamphlet form this 9th day of June 2009. -6��4 Brigid W61ber, Clerk of the Village of Brookfield, Cook County, Illinois 144830-3 EXHIBIT A INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE AGREEMENT The undersigned units of government, the Village of Brookfield, the Village of Burr Ridge, the Village of Clarendon Hills, the Village of Darien, the Village of Downers Grove, DuPage County, the Village of Hinsdale, the Illinois State Police, the Village of Lisle, the Village of Oakbrook, the Village of Warrenville, the Village of Westmont, the Village of Willowbrook, the Village of Wood Dale and the Village of Woodridge pursuant to Article VII, Section 10 of the Illinois Constitution, 65 ILCS 5/7-4-1 through 7-4-8 and 65 ILCS, 5/1-4-6 and 5/11-1.2.1 of the Illinois Compiled Statutes, agrees as follows: Section One: Purpose of Agreement It is recognized that in certain situations the use of police personnel and equipment to perform police duties outside of the territorial limits of the municipality where such police officers are legally employed, is desirable and necessary in order to preserve and protect the health, safety and welfare of the public. Section Two: Power and Authority a. Each participating municipality does hereby authorize and direct its Chief of Police or their designee to render and request mutual police aid to and from other participating municipalities to the extent of available personnel and equipment not required aid. The judgment of the Chief of Police or their designee of each municipality rendering aid, as to the amount of personnel and equipment available, shall be final. b. A municipality requesting aid shall first seek aid from the nearest member municipalities 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 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 the powers of police officers of the requesting municipality. d. No municipality shall be liable to another municipality for a failure to render aid or the withdrawal of aid once furnished pursuant to this Agreement. 1 144830-3 Section Three: Compensation a. Cooperative police service and assistance shall be rendered without charge to a participating municipality during the normal conduct of police business. b. Whenever a municipality anticipates unusual or burdensome costs in assisting another municipality under this Agreement, it shall inform the municipality requesting assistance of those anticipated unusual and 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 reimbursement. Section Four: Indemnification Each unit of government requesting aid under this agreement does hereby agree to indemnify, defend and hold harmless any unit of government, employee or officer thereof, rendering aid for any liability, cost, expense, claim, demand, judgment or attorney's fees arising out of injury or damage caused by an employee or officer involved in rendering aid to the unit of government requesting aid under this agreement, 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 the willful misconduct of any employee. Provided, however, that the total extent of such indemnification including the costs of defense shall be limited to the greatest of the following: 1. The limits of liability in 65 ILCS, 5/1-4-6 of the Illinois Compiled Statutes. 2. The limits of liability of such an occurrence established by a self-insurance pool of which the unit of government liable is a member. The limits of liability of any insurance policy which provides coverage to the unit of government liable for the claim. Upon a unit of government receiving written notice, pursuant to 65 ILCS 5/1-4-6, any other indemnification statute or any provision of this agreement providing for indemnification, from any police officer, or any person who, at the time of performing such an act complained of, was a police officer of that unit of government, who is made a party defendant to any action for which a unit of government requesting aid is required to provide indemnification under this agreement, the unit of government receiving notice shall, within 10 days of service of the notice upon the unit of government, notify, in writing, the unit of government which is required to provide indemnification, of the fact that the action has been instituted, and that the officer or former officer has been made a party defendant to the lawsuit. Such notice shall be in writing, and shall, in the case of a municipality, be filed in the office of the municipal attorney or corporation counsel, if there is a municipal attorney or corporation counsel, and also in the office of the municipal clerk, in the case of a county, be filed in the office of the county's state's attorney, and also in the office of the county clerk, in the case of the State of Illinois, be filed in the office of the attorney general. The notice shall state in substance, that such police officer, 144830-3 2 (naming him or her), has been served with process and made a party defendant to an action wherein it is claimed that a person has suffered injury to his or her person or property caused by such police officer; stating the title and number of the case; the court wherein the same is pending; and the date such police officer was served with process in such action, and made a party defendant thereto. The unit of government which is or may be liable to indemnify the police officer shall have the right to intervene in the suit against the police officer, and shall be permitted to appear and defend. The duty of the unit of government to indemnify any such police officer or unit of government for any judgment recovered against him or it shall be conditioned upon receiving notice of the filing of any such action in the manner and form hereinabove described. Section Five: Liability All employee benefits, wage and disability payments, pension and worker'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 Six: Rules and Regulations The Police Chiefs of the participating municipalities may establish by unanimous vote or agreement, uniform rules and regulations concerning the method, type and level of response to a request for aid, and the conduct of the officer 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 municipality. The rules and regulations may be revised and amended from time to time by unanimous vote or agreement of the Police Chiefs, and a copy of each revision or amendment shall be filed with the Clerk of each participating municipality. Any violation shall result in loss of the rights and privileges of the violator under this agreement. Section Seven: Felony Investigative Assistance Team (FIAT) One or more of the participating municipalities have heretofore formed the Felony Investigative Assistance Team (FIAT). The purpose of FIAT is to pool investigative resources in order to expeditiously investigate and solve serious crimes. All participating municipalities shall be members of FIAT. Rules and regulations governing the operation of FIAT may be adopted in the same manner as the rules and regulations concerning the method, type and level of response to a request for aid, and the conduct of the officer while rendering aid. The rules and regulations governing the operation of FIAT shall not be inconsistent with the terms of this Agreement, except that such rules and regulations may provide for the joint funding of FIAT by the participating municipalities. Section Eight: Effective Date of Agreement a. This agreement shall be in full effect and legally binding at such times as an ordinance authorizing its execution has been passed and approved by at least four (4) municipalities located in whole or in part within Cook County, Illinois. This Agreement 144830-3 3 may be executed in duplicate counterparts containing the authorized signatures of one or more municipalities. b. Copies of such an ordinance entering into this Agreement shall be filed with the Clerk of each participating municipality within thirty (30) days of passage and approval. Section Nine: Termination of Agreement a. Any participating municipality may withdraw from this Agreement at any time, at its option, by ordinance of its Village Board. b. Copies of such and ordinance withdrawing from the Agreement shall be filed with the Clerk of each participating municipality within Thirty (30) days of passage and approval. Section Ten: Additional Participating Municipalities a. Additional municipalities may be permitted to become a party to this Agreement upon the written consent of all participating chief law enforcement officers. Any municipality desiring to become a party to this Agreement shall adopt an ordinance authorizing the execution of this Agreement. b. Copies of the ordinance provided for the above shall be filed with the Clerk of each participating municipality within thirty (30) days of passage and approval. c. Upon becoming a party to this Agreement, any such additional municipality shall be deemed to be a participating municipality. IN WITNESS WHEREOF, this Agreement has been duly executed this 8th day of June 2009 by the following persons. Municipality: Village of Brookfield Michael J. Garvey, Village President ATTEST: Brigid Weber, Village Clerk 144830-3 4