R-1680 - 12/12/2017 - POLICE AGREEMNT - Resolutions RESOLUTION 2017-PD-FIAT-AG-R-1680
A RESOLUTION APPROVING AND AUTHORIZING AN AMENDMENT TO THE
INTERGOVERNMENTAL POLICE SERVICE ASSISTANCE AGREEMENT
IN RELATION TO THE FELONY INVESTIGATION ASSISTANCE TEAM
WHEREAS, the Village of Oak Brook("Village") is an Illinois municipal corporation; and
WHEREAS, Article VII, Section 10 of the 1970 Constitution of the State of Illinois authorizes units
of local government to contract or otherwise associate among themselves "to obtain or share services and
to exercise, combine, or transfer any power or function, in any manner not prohibited by law or ordinance,"
as well as to use their revenues, credit and other resources for intergovernmental activities; and
WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., also authorizes the joint
use and enjoyment of the powers, privileges, functions and authority of local governments; and
WHEREAS, the Intergovernmental Police Service Assistance ("IPSA") Agreement is a law
enforcement Mutual Aid agreement between units of local government in and around DuPage, Cook and
Will Counties in Illinois and is created pursuant to the Illinois Constitution and the Illinois Intergovernmental
Cooperation Act; and
WHEREAS, the IPSA Agreement creates the Felony Investigation Assistance Team ("FIAT")
intended to pool resources in a combined action to expedite the solution of serious crimes, critical incidents
and other law enforcement endeavors; and
WHEREAS, since June 11, 1996, the Village of Oak Brook has been a participant ("Participating
Agency')of the IPSA, and therefore a participant in FIAT; and
WHEREAS, Participating Agencies declare that it is in the best interest of all Participating Agencies
and provisional agencies to replace the IPSA to include certain provisions for the defense and
indemnification of FIAT.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of,
this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the IPSA Agreement. The President and Board of Trustees hereby
approve the IPSA Agreement in substantially the form attached hereto as Exhibit A and incorporated herein.
Section 3: Authorization and Execution of the IPSA Agreement. The Village President and
Village Clerk shall be, and hereby are, authorized to execute the final IPSA Agreement on behalf of the
Village.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2017-PD-FIAT-AG-R-1680
Authorizing Amended IPSA Agreement re:FIAT
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APPROVED THIS 12th day of December, 2017.
Gopal G. Lalmalani
Village President
PASSED THIS 12th day of December, 2017.
Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
None
Nays:
None
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2017-PD-FIAT-AG-R-1680
Authorizing Amended IPSA Agreement re:FIAT
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EXHIBIT A
Intergovernmental Agreement
Resolution 2017-PD-FIAT-AG-R-1680
Authorizing Amended IPSA Agreement re:FIAT
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AMENDMENT TO INTERGOVERNMENTAL
POLICE SERVICE ASSISTANCE AGREEMENT
This Agreement dated -bErctKO�r,9�/��. 0 / !�= , is executed in counterparts by the Signatory
Public Agencies to the Intergovernmental Police Service Assistance ("IPSK)Agreement.
WHEREAS, the participating Public Agencies of the IPSA ("Participating Agencies") recognize that it is in
the best interest of law enforcement to share resources and personnel through a Mutual Aid association to
protect the health, safety and welfare of the public; and
WHEREAS,the Constitution of the State of Illinois(III.Const.Art.VII,§10)and the Illinois Intergovernmental
Cooperation Act (5 ILCS 220/1, et.seq.) provides for the formation of intergovernmental agreements for,
among other things, law enforcement Mutual Aid associations; and
WHEREAS, there is in Illinois a Law Enforcement Mutual Aid Agreement created under the Constitution of
the State of Illinois and the Intergovernmental Cooperation Act which creates the Illinois Law Enforcement
Alarm System ("ILEAS") mutual aid agreement; and
WHEREAS, ILEAS serves as a third party entity to support, centralize, coordinate and organize the
provisions of mutual aid in the State of Illinois; and
WHEREAS, the IPSA is a law enforcement Mutual Aid agreement between units of local government in
and around DuPage, Cook and Will Counties in Illinois and is created pursuant to the Illinois Constitution
and the Illinois Intergovernmental Cooperation Act; and
WHEREAS, the IPSA Agreement creates the Felony Investigation Assistance Team ("FIAT") intended to
pool resources in a combined action to expedite the solution of serious crimes, critical incidents and other
law enforcement endeavors; and
WHEREAS, pursuant to Section 6 of the IPSA Agreement, an Operations Policy has been created which
makes provision for a governing board of FIAT and sets forth the policy, procedures and regulations of
FIAT; and
WHEREAS, Section 4 of the IPSA Agreement provides for the defense and indemnification of the
Participating Agencies, their employees and officers and Section 5 assigns the liability for the Participating
Agencies' personnel liabilities but the Agreement does not provide for defense and indemnification of FIAT;
and
WHEREAS, nothing contained in the IPSA Agreement or the Operations Policy of FIAT, is intended to
create any sort of legal association or entity, however, a Court may determine that FIAT to be a legal entity
subject to civil legal action and legal process; and
WHEREAS,the Participating Agencies declare that it is in the best interest of all Participating Agencies and
provisional agencies to make provision for the defense and indemnification of FIAT; and
WHEREAS, the Participating Agencies under the Agreement declare that it is the best interest of all
Participating Agencies and provisional agencies to be engaged with and abide by the provisions, policies
and regulations of the ILEAS mutual aid agreement; and
Now, therefore, the undersigned Participating Agencies,do hereby enter into this Agreement with each and
every other Participating Agency which signs a counterpart copy of this Agreement and agrees and
contracts as follows:
Resolution 2017-PD-FIAT-AG-R-1680
Authorizing Amended IPSA Agreement re:FIAT
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1. IPSA Agreement.
The terms, provisions and conditions of the IPSA Agreement are incorporated herein as if fully set forth.
2. ILEAS Mutual Aid Agreement. The Participating Agencies of the IPSA Agreement engage with and
abide by the terms, provisions and practices of(LEAS.
3. Defense and Indemnification of FIAT.
A. Defense. In the event that FIAT is named as a party to a lawsuit,claim or action as a separate
party, either individually or in addition to other participating Agencies, the Requesting Agency
shall be responsible, at its sole cost, for the defense of FIAT is such lawsuit, claim or action.
B. Indemnification. To the extent permitted by law, the indemnification of FIAT from and against
any liability, damage, cost, including plaintiffs attorney's fees, or expense assessed against
FIAT shall be shared equally between each Participating Agency named as a party to the
lawsuit, claim or action.
4. Insurance Requirements. Each Participating Agency under the terms of this Agreement shall
procure and maintain, at its sole and exclusive expense, insurance coverage which covers itself,
its personnel and equipment and liability for its participation in providing assistance pursuant to this
Agreement as follows:
Commercial General Liability (Including contractual liability coverage): $1,000,000 combined
single limit per occurrence for bodily injury,and property damage and$1,000,000 per occurrence
for personal injury. The general aggregate shall be twice the required occurrence limit. Minimum
General Aggregate shall be no less than $2,000,000 or a project/contract speck aggregate of
$1,000,000.
Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and
property damage.
Workers' Compensation and Employers' Liability: Workers' Compensation coverage with
statutory limits and Employers' Liability limits of$500,000 per accident
Each Agency shall bear the responsibility for its own insurance even in the event of inadequate,
nonexistent or exhausted coverage.
5. Non-Waiver of Immunities. No Participating Agency to this Agreement while performing under the
terms of this Agreement shall be deemed to waive any governmental immunity or defense to which
the Participating Agency would otherwise be entitled under statute or common law.
6. IPSA Effective. This Amendment is attached to and made a part of the IPSA Agreement. All of
the terms, provisions and requirements of the IPSA Agreement remain in full force and effect. In
the event there is a conflict between the terms of this Amendment and the IPSA Agreement, the
terms, provisions and conditions of this Amendment shall govern.
7. Contractual Obligation. The obligations and responsibilities incurred by a Participating Agency
under this Amendment shall remain continuing obligations and responsibilities of such party.
Nothing contained herein shall be deemed to affect other Mutual Aid agreements that a party may
have executed.
8. Application of Law and Venue. This Agreement shall be governed by and construed under the
laws of the State of Illinois. The exclusive venue for the enforcement of the provisions of this
Resolution 2017-PD-FIAT-AG-R-1680
Authorizing Amended IPSA Agreement re:FIAT
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9. Agreement or the construction or interpretation of this Agreement shall in a state court in the County
of DuPage, Illinois.
10. Counterparts. This Amendment may be executed in counterparts,each of which shall be deemed
to be an original of this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date
and year above written.
VILLAGE 05'OAK BROOK
By:
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Village President Date
Attest:
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Village Clerk Date
FELONY INVESTIGATION ASSISTANCE TEAM
By:
Chairman of the Board Date
By:
Vice Chairman of the Board Date