R-1680 - 12/12/2017 - POLICE AGREEMNT - Resolutions Supporting Documents BOARD OF TRUSTEES MEETING
VILLAGE Or SAMUEL E. DEAN BOARD ROOM
OAK B R , K BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
December 12, 2017
SUBJECT: Resolution to Approve a Successor Intergovernmental Police Service
Assistance Agreement for Felony Investigation Assistance Team (FIAT)
FROM: James R. Kruger Jr., Chief of Police O K
BUDGET SOURCE/BUDGET IMPACT:None O
RECOMMENDED MOTION:I move that the Village Board approve Resolution R-1680
to authorize the Village President to sign and the Village Clerk to attest to a successor
agreement between the Village of Oak Brook and the Felony Investigative Assistance
Team(FIAT).
Background/History:
Over the last year, department staff members have worked with Intergovernmental Risk
Management Agency(IRMA)to address potential liability that may exist for members of
the Felony Investigation Assistance Team (FIAT). In order to share resources and reduce
costs, FIAT was established, via an initial Intergovernmental Police Service Agreement
(IPSA)in 1976. The Village of Oak Brook joined FIAT in 1996 and last executed an IDSA
with FIAT in 1998. FIAT is a law enforcement task force specializing in major crime
investigations, computer forensics, major crash reconstructions, police service dogs, and
Special Weapons and Tactics(SWAT)response. Support in these specialty areas is shared
by personnel on a part-time basis from FIAT member agencies including: Addison,
Brookfield, Burr Ridge, Clarendon Hills, Darien, Downers Grove, Hinsdale, Lisle,
Lombard,Oak Brook,Warrenville,Westmont,Willowbrook,Wood Dale, and Woodridge.
Based on IRMA's analysis and review of recent court decisions, IRMA has recommended
that the current FIAT IPSA with the Village be replaced by a successor agreement that
includes strengthened indemnification language that will protect not only FIAT, but also
the member agencies.
BOT AGENDA Page 1 RC7
This indemnification language will protect FIAT as an organization from being sued
independently. FIAT exists only as an extension of the member agencies through the IPSA
and does not carry independent liability insurance or function as an independent
organization. Adding the indemnification language clarifies that a member agency
requesting shared resource response is responsible for indemnifying FIAT and the other
agencies that contribute resources.
Recommendation:
Staff recommends.that the Village Board authorize the Village President to execute a
successor Intergovernmental Police Service Assistance Agreement between the Village of
Oak Brook and Felony Investigation Assistance Team(FIAT).
BOT AGENDA Page 2
EXHIBIT A
\\SERVERI\DATA%Shared Datalwb-PIAT-ERTa r,.doc
05/1119S
INTERGOVERNMENTAL POLICE SERVICE
ASSISTANCE AGREEMENT
The undersigned units of local government, pursuant to Article VII, Section 10 of
the Illinois Constitution. 5 1LCS 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
i
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
I
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 la%v 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 d. Indemnification. Each unit of local government requesting aid under
this Agreement docs 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 protem 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 651LCS 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 govemment 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 Re;ulations. The chief late enforcement officer of the
participating units of local government may establish by unanimous vote or agreement,
uniform rules and regulations conceraing the method, type and level of response to a
-3-
i
request for aid. and the conduct of ofllcers while rendering aid, provided that the rules
and regulations shall not be inconsistent with the terms of this Agreement. A copy
thereofsltall be filed with the Clerk ot'each participating unit of local government. The
rules and regulations may be revised and amended from time to time by unanimous vote
or agreement 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 government
and violation thereof, at the option of a majority of the other units of local government_
shall result in loss of the rights and privileges of the violator under this Agreement.
Section 7. Felony Investigation Assistance Team/Ernergency 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 F1ATIERT may be adopted in
the saint 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 govemrnent.
Section S. Effective Date of Agreement.
(a) This Agreement shall be in full effect and legally binding at such time
as an ordinance, in substantially the form attached hereto as'Exhibit "I" 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 DuPage County, Illinois, This'
-4-
Agreement may be executed in duplicate counterparts containing the authorized
signatures ofone ur 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
i
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
fled 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 AgreemenLAnd
*�i.Yng:tt�c:c�ectirux:fs tc irx>�>r�i As�x�C�t;�c�f.
(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
local government shall be deemed to be a participating unit of local government.
IN WITNESS WHL'REOF, this Agreement has been duly executed by the
followin„, persons.
COUNTY OF DU PAGE
By.
Chairman
Dated: , 1993
ATTEST:
County Clerk
VILLAGE OF BOLINGBROOK
By:
President/Mayor
Dated: , 1993
ATTEST:
j
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 DOWWERS GROVE
By:
PresidentNtayor
Dated: , 1998
ATTEST:
Village Clerk
VILLAGE OF HINSDALE
By:
President/Mayor
Dated: 1993
ATTEST:
Villa,-,e Clerk
VILLAGE OF LEMONT
By:
President/Mayor
Dated: 1993
ATTEST:
Village Clerk
VILLAGE OF LISLE
By:
Preside nt/MaY or
Dated: , 199S
ATTEST:
Village Clerk
VILLAGE OF OAK BROOK
By:
�` = �•
4Pe ent/Mayor
,�, "�' ' ' •,�•\ Dated: ,Tune 23. 1995
tl3�b'�" ,ter
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
-9- _
VILLAGE OF WOODRIDGE
By:
Mayor
Dated: , 1998
ATTEST:
Village Clerk
ADDITIONAL UNITS OF LOCAL GOVERNMENT:
By:
President/Mayor
Dated:
ATTEST:
Clerk.
By:
President/Mayor
Dated: ,
ATTEST:
Clerk
-IQ• —
i
I
By:
President/Mayor
Dated: ,
ATTEST:
i
Clerk
I
By:
Presidenc/Mayor
Dated:
ATTEST:
I
Clerk
I
CEO 17
F�OUHS� '\4
DEPARTMENT OF POLICE • VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
ALLEN W.PISAREK OAK BROOK,ILLINOIS 60523-2255
lr �l CHIEFOFPOLICE (630)990.3000
S EMERGENCY911
NON-EMERGENCY (630)890-30303
0
ADMINISTRATION (630)990.2358
Imemytion.ny June 16, 1998 RECORDS DEPT. (630)990-3035
Amedied FAX NUMBER (630)990-7484
MEMO T0: President Bushy and Board of Trustees
FROM: Allen W. Pisarek,Chief of Police
SUBJECT: Ordinance Approval-Felony Investigation Assistance Team(F.I.A.T.)
RECOMMENDATION:
The Village President and Board of Trustees approve the revised Felony Investigation Assistance Team
Intergovernmental Agreement and Ordinance.
IN GENERA!:
The Village passed an ordinance approving membership to F.I.A.T.on June 11, 1996. The purpose of
signing this revised intergovernmental agreement and passing the ordinance is twofold:
1) To make the agreement and ordinance uniform for all 14 members of F.I.A.T.
Since the original formation of F.I.A.T.in 1979 each time a municipality joined,the
agreement or ordinance was slightly different. This was especially true for the ordinances
which were drafted by each member municipality.
2) The addition of an Emergency Response Team.
An Emergency Response Team was added to Section 7, Page 4,of this agreement. The police
chiefs who are members of F.I.A.T.wanted to have an Emergency Response Team as part of
F.I.A.T. The advantage to this team is to provide additional resources for Emergency Response
F.I.A.T. members,to reduce overtime and training costs on individual departments, and to offer
support and relief to individual members'Emergency Response Team when necessary.
(i.e:specially trained officers who could provide relief for other E.R.T.teams)
FIATOrdinenceAWavalbe
printed an recycled paper ����
REVIEW OF CONTRACTS
Awarding Agency: Type of Contract:
Felony Investigative Assistance Team IPSA Agreement Amendment
Department: Program/Account Number:
.611.5244.0
Awarded Contract Price: Budgeted Amount
Zero aditionalfee6 $3,500.00 Annually
F-xl Under $20,000 0 $50010.01 $1,000,000
$20,000 - $500.1000 Over $1.,000,000
�ro f :.(=<y1;,•2v�+.�7�t� F• ... 1�t .l Y�y 4 1.+ :?"t n r .. °8i di.X � } 4.?� � !�- r .. 1 F•
u ltl}I1: s �+s {)( s r {t
tjYOb' `�'Fli�g Zf{d� �V,iy�+���{"�ff h�ll � �it • �ft y�a� FI i! ,
au. ,! � , �1SMY`Yj,[.:lF
This agreement is an amendment to the Intergovernmental Police Services- -A greemeni dated
and approved by the Vill4ge.Board June 11, 1996;and amended,June 23, 1996. Language
added to include indaminifcation or FIAT as an entity pursuent to a committee with IRMA.
a#i..3AAGN
#' vE. at% �
Name: Date: December 1,-2.017
oil
Name:. Date: Z
Name: RG Date: 12-3-17
'°tit T f Vf'► s !+.Y:z'r _ 1�'4^, «k.
Name: � Date: f --
Three (9) Originals signed by other party Date/Initials
Original provided to staff member for other party Date/Initials
r7 Original,provided to Official Files Date/Initials
Village of Oak 4rook.i Approved by Boaed of Trustees- Date/Initials:„