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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or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed.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 \\SERVERI\DATA\Shared Data\\vb-FIAT-ERTa_rAoc 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, -2- 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 -3- 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 I I local government shall be deemed to be a participating unit of local government. ! I I 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 -6- _ 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 -8- 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 -9- 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