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R-1728 - 06/12/2018 - IGA - Resolutions Supporting DocumentsBOT AGENDA Page 1 BOARD OF TRUSTEES MEETING SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of June 12, 2018 SUBJECT: Resolution to Approve a Successor Intergovernmental Service and Mutual Aid Agreement for Northern Illinois Police Alarm System (NIPAS) FROM: James R. Kruger Jr., Chief of Police BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: I move that the Village Board approve Resolution 2018- R-1728 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 Northern Illinois Police Alarm System (NIPAS). Background/History: The Village of Oak Brook has been a member of the Northern Illinois Police Alarm System since 1997. Our participation in NIPAS provides essential mutual aid support to the Village during times when a police emergency exceeds our capability. NIPAS has grown in size since its inception to over one hundred participating agencies and has proven to be an essential asset to the region. During the NIPAS annual membership meeting on May 10, 2018, the NIPAS Board of Officers provided a report recommending NIPAS Agreement and the NIPAS Bylaws be updated. The NIPAS Agreement is the foundation document adopted by action of the corporate authorities of each member agency. The NIPAS Bylaws are adopted and modified from time to time by the NIPAS membership at its annual meeting or any special meeting. The following changes proposed by the NIPAS Board will be enabled by the new NIPAS Amended Agreement: 1. General updates to a document that has not been modified since 1983. ITEM 6.D.1 BOT AGENDA Page 2 2.Allow for the expansion of NIPAS membership to included non-municipal law enforcement agencies within the NIPAS service area. Such agencies are certified by the State of Illinois and often serve Colleges, Universities and other entities. 3.Simplifies and clarifies procedures for entities wishing to terminate participation in NIPAS. 4.Reduces NIPAS’s risk of liability by incorporating “best practice” language designed to aid in defending in case of legal challenges. The NIPAS Board has asked each participating member to seek approval from its corporate authorities to update the NIPAS Agreement. The approval would take the form of adopting Resolution # 2018-R-1728 on the agenda approving continued participation in NIPAS under the Amended Agreement. Once three-fourths of the NIPAS members have adopted the Amended Agreement, the NIPAS Board will call a special meeting of all participating members. Adequate notice will be provided to any participating member not yet taking action on adopting the Amended Agreement. It is anticipated NIPAS will adopt the new Amended Agreement and act to adopt the new NIPAS Bylaws at the special meeting to be held later in 2018. Any participating agency that has not adopted the Amended Agreement by the time of the special meeting will cease to be a member of NIPAS. As an added point of information, NIPAS enlisted the assistance of Mr. Peter Friedman of Holland and Knight to revise the agreement. Recommendation: Staff recommends that the Village Board authorize the Village President to execute a successor Intergovernmental Agreement between the Village of Oak Brook and Northern Illinois Police Alarm System (NIPAS). 1 RESOLUTION 2018-PD-IGA-ALM-MUTAID-R-1728 A RESOLUTION APPROVING AN AMENDED MUTUAL AID AGREEMENT FOR THE NORTHERN ILLINOIS POLICE ALARM SYSTEM WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorizes units of local government to exercise any power or powers, privileges or authority which may be exercised by the unit of local government individually to be exercised and enjoyed jointly with any other local government or body in the State; and WHEREAS, the Northern Illinois Police Alarm System (“NIPAS”) is an intergovernmental organization established via an intergovernmental service and mutual aid agreement (“NIPAS Agreement”) entered into by law enforcement agencies serving the northern Illinois and Chicagoland region (“Participating Agencies”); and WHEREAS, through the NIPAS Agreement, the Participating Agencies have agreed to provide one another with mutual aid in the event of an emergency situation within the primary law enforcement jurisdiction of a Participating Agency that threatens or causes loss of life and property and exceeds the stand-alone physical and organizational capabilities of that Participating Agency; and WHEREAS, on February 11, 1997, the Village Board of Trustees adopted Resolution No. 97-AG-NIPAS-E1-R-687 approving the NIPAS Agreement whereby the Village’s police department became a Participating Agency in NIPAS subject to the terms and conditions of the NIPAS Agreement; and WHEREAS, as NIPAS has now expanded to over 100 Participating Agencies, the needs of NIPAS have evolved and grown in complexity beyond the constraints of the NIPAS Agreement as it is currently constituted; and WHEREAS, in order to adequately continue to meet those needs and serve its growing number of Participating Agencies, NIPAS has requested that its Participating Agencies agree to amend the NIPAS Agreement by entering into an amended NIPAS Agreement (“Amended NIPAS Agreement”); and WHEREAS, the Village Board of Trustees has determined that it is in the best interests of the Village and its residents to enter into the Amended NIPAS Agreement; NOW, THEREFORE, BE IT RESOLVED by the Village Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution. 2 SECTION 2: APPROVAL OF AMENDED NIPAS AGREEMENT. The Village Board of Trustees hereby approves the Amended NIPAS Agreement in substantially the form attached to this Resolution as Exhibit A. SECTION 3: AUTHORIZATION TO EXECUTE AMENDED NIPAS AGREEMENT. The Village Board of Trustees hereby authorizes and directs the Village President and the Chief of the Police Department to execute and the Village Clerk to attest, on behalf of the Village, the Amended NIPAS Agreement approved in Section 2 of this Resolution. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. APPROVED this 12th day of June, 2018. ___________________________________ Gopal G. Lalmalani Village President PASSED this 12th day of June, 2018. AYES: ______________________________ NAYS: ______________________________ ABSENT ____________________________ ATTEST: _____________________________________ Charlotte K. Pruss Village Clerk Resolution 2018-PD-IGA-ALM-MUTAID- R-1728 IGA w/Northern IL Police Alarm System Page 2 of 3 3 EXHIBIT A AMENDED NIPAS AGREEMENT Resolution 2018-PD-MUTAID-IGA- R-1728 IGA w/Northern IL Police Alarm System Page 3 of 3 REVIEW OF CONTRACTS Typelツ 勧 Department: 十 Program/Account Awarded Contract Price :Budgeted Amountl Under$20′000 . $20′000‐$500′000 $500′001‐$1′000′000 0Ver$1′000′000 あ れ れ あ ノ Date:6- 4_ I Daほ 6´グ‐/1 Three (3) Originals signed by other party Original provided to staff member for other party Original provided to Official Files Date/1nitials Date/1nitials Date/1nitials Village of Oak Brook I Approved by Board of Trustees - Date/tnitials: Northern Illinois Police Alarm System NOR T H E R N I L L I N O I S POLICE A L A R M S Y S T E M Amended Mutual Aid Agreement and Plan The undersigned Participating Law Enforcement Agencies agree pursuant to the Constitution of the State of Illinois, 1970, Article VII, Section 10, the Inter- governmental Cooperation Act (5 ILCS 220/1 et seq.), 65 ILCS 5/1-4-6, 65 ILCS 5/11-1-2.1, and 745 ILCS 10/7-101 et seq., as follows: Section 1 Purpose of Amended Mutual Aid Agreement and Plan This Amended Mutual Aid Agreement and Plan is made in recognition of the fact that natural occur- rences, or man-made occurrences, may result in situations which are beyond the ability of individual law enforcement agencies to manage and respond to effectively in terms of manpower and equipment re- sources on hand at a given time. Each Participating Agency has and does express its intent to assist other Participating Agencies by assigning some of its man- power and equipment resources to a Stricken Agency as resources and situations allow. The specific intent of this Amended Mutual Aid Agreement and Plan is to permit each Participating Agency to more fully safe- guard the lives, persons, and property of all citizens within its respective Primary Law Enforcement Juris- diction. Section 2 Definitions For the purpose of this Amended Mutual Aid Agree- ment and Plan, the following terms are defined as follows: Aiding Agency: A Participating Agency furnishing po- lice equipment and manpower to a Stricken Agency. Amended Mutual Aid Agreement and Plan: An amended Mutual Aid Agreement Plan which shall go into effect and supersede the Original Mutual Aid Agreement and Plan pursuant to the procedures set forth in Section 5 of this Amended Mutual Aid Agree- ment and Plan. Amended NIPAS Bylaws: Amended NIPAS Bylaws, which shall go into effect and supersede the NIPAS Bylaws upon their adoption, pursuant to Article XV, Section 1 of the NIPAS Bylaws, by a majority of the Original Participating Agencies present at the special meeting of Original Participating Agencies called, pur- suant to Article XI, Section 4 of the NIPAS Bylaws, at least 60 days after the last of the following two events to occur: (i) the passage and approval of an ordinance or resolution approving participation in NIPAS and the Amended Mutual Aid Agreement and Plan, in the manner provided by law, by the corporate authorities of at least three-fourths of the Participating Agencies; and (ii) the execution of this Amended Mutual Aid Agreement and Plan by the heads of the corporate authorities and the commanding officers of at least three-fourths of the Original Participating Agencies. Emergency Situation: A situation occurring within a Stricken Jurisdiction that requires the Stricken Agen- cy to perform Law Enforcement Services that would exceed the stand-alone physical and organizational capabilities of the Stricken Agency. Law Enforcement Services: The serving and protect- ing of the lives, persons, and property of all citizens within a Primary Law Enforcement Jurisdiction, includ- ing, without limitation, the investigation of all crimes occurring or alleged or suspected to have occurred within its Primary Law Enforcement Jurisdiction. Mutual Aid: Response and assistance by the Aiding Agencies in the event of an Emergency Situation. Mutual Aid Agreement and Plan: A definite and pre- arranged written agreement and plan whereby the provision of Mutual Aid is agreed upon in accordance with the Police Alarm Assignments as developed by the commanding officers of the Participating Agen- cies. NIPAS Bylaws: Those bylaws establishing the NIPAS Board, as required pursuant to Section 3.G of the Original Mutual Aid Agreement and Plan, and the rules by which the NIPAS Board shall operate adopted by the Participating Agencies on March 23, 1988, and subsequently amended by the Participating Agencies on March 21, 1991, April 17, 1992, May 11, 1994, May 20, 1998, and May 20, 2009. NIPAS Board: The Board of Officers of NIPAS, the governing board of NIPAS, established pursuant to Section 3.G of the Original Mutual Aid Agreement and Plan. Page 1 Northern Illinois Police Alarm System (NIPAS): An organization of Northern Illinois law enforcement agencies participating in the Original Mutual Aid Agreement and Plan and this Amended Mutual Aid Agreement and Plan. Original Mutual Aid Agreement and Plan: That Mu- tual Aid Agreement and Plan pursuant to which NI- PAS and the Participating Agencies operate and are governed, which shall be in effect until the Amended Mutual Aid Agreement and Plan goes into effect and supersedes the Original Mutual Aid Agreement and Plan pursuant to the procedures set forth in Section 5 of this Amended Mutual Aid Agreement and Plan. Original Participating Agencies: Those Participating Agencies whose corporate authorities had approved participation in NIPAS and whose head of corporate authorities and commanding officers had executed the Original Mutual Aid Agreement and Plan prior to May 1, 2018. Participating Agency: A law enforcement agency ded- icated to performing Law Enforcement Services for its Primary Law Enforcement Jurisdiction that commits itself to participate in NIPAS pursuant to the terms of this Amended Mutual Aid Agreement and Plan. Police Alarm Assignments: A pre-determined listing of manpower and equipment that will respond to aid a Stricken Agency. Primary Law Enforcement Jurisdiction: A geographi- cally, politically, or contractually defined area for which a Participating Agency is primarily responsible for per- forming Law Enforcement Services. Specialized Teams: A subsidiary team of NIPAS es- tablished by the NIPAS Board, consisting of Partici- pating Agencies electing to participate pursuant to a separate agreement, and dedicated to performing a specialized set of Law Enforcement Services for the sole benefit of the Participating Agencies electing to participate in the Specialized Team and not for the benefit of all of NIPAS or all of the Participating Agen- cies. Stricken Agency: The Participating Agency that is pri- marily responsible for performing Law Enforcement Services for a Stricken Jurisdiction. Stricken Jurisdiction: The Primary Law Enforcement Jurisdiction in which an Emergency Situation occurs that is of such magnitude that it cannot be adequately managed or responded to by the Participating Agen- cy primarily responsible for performing the Law En- forcement Services for that Primary Law Enforcement Jurisdiction. Section 3 Amended Mutual Aid Agreement and Plan The corporate authorities of each Participating Agen- cy are authorized on behalf of that Participating Agen- cy to enter into and subsequently alter and amend, on the advice of the commanding officer of the Partici- pating Agency, this Amended Mutual Aid Agreement and Plan as follows: A. Whenever an Emergency Situation is of such magnitude and consequence that it is deemed advisable by the senior officer present of the Stricken Agency, or his or her designee, to re- quest Mutual Aid from the Aiding Agencies, the senior officer present of the Stricken Agency, or his or her designee, may do so in accordance with the following: 1. Immediately determine what resources are required according to the Police Alarm As- signments. 2. Immediately determine if the required equip- ment and personnel can be committed in response to the request from the Stricken Agency. 3. Dispatch immediately the personnel and equipment required to the Stricken Agency in accordance with the Police Alarm Assign- ments. B. The rendering of Mutual Aid under the terms of this Amended Mutual Aid Agreement and Plan shall not be mandatory in accordance with the Police Alarm Assignments if local conditions pro- hibit response. In that event it is the responsi- bility of the Aiding Agency to immediately notify the Stricken Agency of the circumstances that prevent the provision of Mutual Aid in response to the Emergency Situation. C. The senior officer present of the Stricken Agency, or his or her designee, shall assume full respon- sibility and command for operations at the scene. The senior officer present of the Stricken Agency, or his or her designee, will assign personnel and equipment, of the Aiding Agencies, to positions when and where he or she deems necessary. D. Requests for Mutual Aid under this Amended Mu- tual Aid Agreement and Plan will be initiated only in the event of an Emergency Situation in which the demands for Law Enforcement Services on the Stricken Agency exceed the stand-alone physical and organizational capabilities of the Stricken Agency. Aiding Agencies will be released and returned to duty in their own Primary Law En- forcement Jurisdiction as soon as the Emergency Situation is resolved to the point which permits the Stricken Agency to satisfactorily handle it with its own resources or, as pursuant to subsection B above, when an Aiding Agency so decides. E. All Law Enforcement Services performed under this Amended Mutual Aid Agreement and Plan Page 2 shall be rendered without reimbursement of any party from the other(s). Requests for indemnifi- cation for unusual or burdensome costs incurred in the performance of Mutual Aid may be submit- ted by the Aiding Agency to the Stricken Agency. Indemnification of such costs shall be at the dis- cretion of the corporate authorities of the Stricken Agency. F. Each Participating Agency assumes the respon- sibility for members of its police force acting pur- suant to this Amended Mutual Aid Agreement and Plan, both as to indemnification of said members of the Participating Agency’s police force as pro- vided for by 65 ILCS 5/1-4-6 in the case of munic- ipal Participating Agencies or 55 ILCS 5/5-1002 in the case of county Participating Agencies, or any other Statute of the State of Illinois or law or bylaw of the Participating Agencies, as the case may be, and as to personal benefits to said mem- bers of the Participating Agency’s police force, all to the same extent as they are protected, in- sured, indemnified and otherwise provided for by the Statutes of the State of Illinois or the laws or bylaws of the Participating Agencies when those members of the Primary Agency’s police force are acting solely within the Participating Agency’s Pri- mary Law Enforcement Jurisdiction. G. Defense and Indemnification of NIPAS. 1. Defense. In the event that NIPAS is named as a party to a lawsuit, claim or action as a separate party, either individually or in ad- dition to other Participating Agencies, the Stricken Agency shall be responsible, at its sole cost, for the defense of NIPAS in such lawsuit, claim or action. 2. Indemnification. To the extent permitted by law, the indemnification of NIPAS from and against any liability, damage, cost, includ- ing plaintiff’s attorney’s fees, or expense as- sessed against NIPAS shall be shared equal- ly between each Participating Agency named as a party to the lawsuit, claim or action. H. Insurance Requirements. Each Participating Agency under the terms of this Amended Mutual Aid Agreement and Plan shall procure and main- tain, at its sole and exclusive expense, insurance coverage which covers itself, its personnel and equipment and liability for its participation in pro- viding Mutual Aid pursuant to this Amended Mu- tual Aid Agreement and Plan as follows: 1. Commercial General Liability (Including con- tractual liability coverage): $1,000,000 com- bined single limit per occurrence for bodily injury, and property damage and $1,000,000 per occurrence for personal injury. The gen- eral aggregate shall be twice the required oc- currence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project/ contract specific aggregate of $1,000,000. 2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employers’ Lia- bility: Workers’ Compensation coverage with statutory limits and Employers’ Liability limits of $500,000 per accident. 4. Each Agency shall bear the responsibility for its own insurance even in the event of inade- quate, nonexistent or exhausted coverage. I. The commanding officers of the Participating Agencies shall maintain a governing board, the NIPAS Board, and establish an operational plan for giving and receiving Mutual Aid under this Amended Mutual Aid Agreement and Plan. Said plan shall be reviewed, updated and tested at reg- ular intervals. J. Each Participating Agency agrees to pay dues or fees, as determined by the NIPAS Board in its sole and absolute discretion, in exchange for the Participating Agency’s participation in NIPAS. Payments of such dues or fees, if any, are due at the commencement of participation in NIPAS and thereafter upon request from the NIPAS Board. K. The NIPAS Board, from time to time as it sees fit, may establish Specialized Teams within NIP- AS dedicated to performing specialized sets of Law Enforcement Services for the sole benefit of those Participating Agencies who elect to partici- pate in each Specialized Team and may set forth the scope of services or mission, participation criteria, rules and regulations, and additional fees or dues for each Specialized Team at its discre- tion (collectively, “Additional Requirements”). Participating Agencies may elect to participate in these Specialized Teams in accordance with the Additional Requirements for each Specialized Team, as set forth by the NIPAS Board. The spe- cialized benefits and additional Mutual Aid offered by each Specialized Team shall be available only to those Participating Agencies which have elect- ed to: (i) participate in that particular Specialized Team; and (ii) comply with the Additional Require- ments of that particular Specialized Team, as set forth by the NIPAS Board. Approval and Execution of this Amended Mutual Aid Agreement and Plan by the undersigned law enforcement agency only grant the undersigned law enforcement agency participation in NIPAS as a whole and access to the Mutual Aid from other Participating Agencies in the event of an Emergency Situation, as those terms are defined in Section 2 and pursuant to the terms set forth in this Amended Mutual Aid Agreement and Plan, and do not grant or guaran- tee to the undersigned law enforcement agency Page 3 participation in a Specialized Team or access to the specialized benefits and additional Mutual Aid offered by each Specialized Team. Section 4 Termination A. Any Participating Agency may withdraw from participation in NIPAS and this Amended Mutual Aid Agreement and Plan by notifying the NIPAS Board in writing (“Termination Notice”), on or before December 31 of any calendar year, where- upon the participation of the withdrawing Partic- ipating Agency will terminate effective as of May 1 of the calendar year following the calendar year in which the Termination Notice is received by the NIPAS Board. B. Any participating agency that fails to meet its ob- ligations in accordance with this Amended Mu- tual Aid Agreement and Plan or with the NIPAS Bylaws may have its participation in NIPAS ter- minated by a two-thirds vote of the NIPAS Board pursuant to Article III, Section 8 of the Amended NIPAS Bylaws. C. Any Participating Agency found responsible for any behavior detrimental to law enforcement or whose continued participation would be det- rimental to NIPAS, may have its participation in NIPAS suspended or terminated by a two-thirds vote of the NIPAS Board pursuant to Article III, Section 9 of the Amended NIPAS Bylaws. Before any Participating Agency may be suspended or terminated from participation in NIPAS, the Par- ticipating Agency will be notified and shall have an opportunity to appear before the NIPAS Board. Section 5 Adoption and Effect of Adoption A. If the undersigned law enforcement agency is an Original Participating Agency, this Amended Mu- tual Aid Agreement and Plan shall be in full force and in effect only upon the date of the last of the following events to occur (“Original Participat- ing Agency Effective Date”): 1. The passage and approval of an ordinance or resolution approving participation in NIP- AS and this Amended Mutual Aid Agreement and Plan, in the manner provided by law, by the corporate authorities of the undersigned Original Participating Agency (“Approval”); 2. The execution of this Amended Mutual Aid Agreement and Plan by the head of the cor- porate authorities and the commanding offi- cer of the undersigned Original Participating Agency (“Execution”); 3. The Approval of participation in NIPAS and this Amended Mutual Aid Agreement and Plan, in accordance with the procedures set forth in Section 5.A.1 of this Amended Mutual Aid Agreement, by the corporate authorities of at least three-fourths of the Original Partic- ipating Agencies; 4. The Execution of this Amended Mutual Aid Agreement and Plan, in accordance with the procedures set forth in Section 5.A.2 of this Amended Mutual Aid Agreement, by the heads of the corporate authorities and the commanding officers of at least three-fourths of the Original Participating Agencies; and 5. The adoption of the Amended NIPAS Bylaws, pursuant to Article XV, Section 1 of the NIPAS Bylaws, by a majority of the Original Partici- pating Agencies present at the special meet- ing of the Original Participating Agencies called, pursuant to Article XI, Section 4 of the NIPAS Bylaws, at least 60 days after the last to occur of the two events listed in Section 5.A.3 and Section 5.A.4 of this Amended Mu- tual Aid Agreement and Plan. If this Amended Mutual Aid Agreement and Plan is brought into full force and effect pursuant to this Sec- tion 5.A of this Amended Mutual Aid Agreement and Plan, then, as of the Original Participating Agency Ef- fective Date: (i) the undersigned Original Participating Agency shall remain a Participating Agency in NIPAS and, if the undersigned Original Participating Agen- cy has elected to participate in a Specialized Team or Specialized Teams, the participation of the under- signed Original Participating Agency in its respective Specialized Team or Specialized Teams shall contin- ue; (ii) the Original Mutual Aid Agreement and Plan shall be terminated; (iii) this Amended Mutual Aid Agreement and Plan and the provisions contained herein shall supersede and control over the Original Mutual Aid Agreement and Plan and any provision contained therein; (iv) the NIPAS Bylaws shall no lon- ger govern NIPAS; and (v) the Amended NIPAS By- laws and the provisions contained therein shall gov- ern NIPAS and supersede and control over the NIPAS Bylaws and any provision contained therein. The participation in NIPAS, and in any Specialized Team, of any Original Participating Agency that fails to complete the Approval and Execution of this Amend- ed Mutual Aid Agreement and Plan in accordance with this Section 5.A on or before the day before the Original Participating Agency Effective Date will be terminated as of the day after the Original Participat- ing Agency Effective Date. Any Original Participating Agency who has its participation in NIPAS terminated may seek participation in NIPAS again at any time in accordance with the procedures set forth in Section 5.B of this Amended Mutual Aid Agreement and Plan. Page 4 B. If the undersigned law enforcement agency is not an Original Participating Agency, this Amended Mutual Aid Agreement and Plan shall be in full force and in effect with respect to the undersigned law enforcement agency upon the date of the last of the following events to occur (“New Participat- ing Agency Effective Date”): 1. The Approval of participation in NIPAS and this Amended Mutual Aid Agreement and Plan, in accordance with the procedures set forth in Section 5.A.1 of this Amended Mutual Aid Agreement, by the corporate authorities of the undersigned law enforcement agency; 2. The Execution of this Amended Mutual Aid Agreement and Plan, in accordance with the procedures set forth in Section 5.A.2 of this Amended Mutual Aid Agreement, by the head of the corporate authorities and the commanding officer of the undersigned law enforcement agency; and 3. The approval by the NIPAS Board of the un- dersigned law enforcement agency as a Par- ticipating Agency in NIPAS pursuant to Article III of the Amended NIPAS Bylaws. If this Amended Mutual Aid Agreement and Plan is brought into full force and effect pursuant to this Sec- tion 5.B of this Amended Mutual Aid Agreement and Plan, then, as of the New Participating Agency Ef- fective Date: (i) this Amended Mutual Aid Agreement and Plan and provisions contained herein and the Amended NIPAS Bylaws and provisions contained therein shall control the undersigned law enforcement agency’s participation in NIPAS; and (ii) any previous agreement or bylaws related to NIPAS to which the undersigned law enforcement agency is a party shall be superseded by this Amended Mutual Aid Agree- ment and Plan and provisions contained herein and the Amended NIPAS Bylaws and provisions con- tained therein. Section 6 General Provisions A. Non-Waiver of Immunities. No Participating Agency to this Amended Mutual Aid Agreement and Plan while performing under the terms of this Amended Mutual Aid Agreement and Plan shall be deemed to waive any governmental immuni- ty or defense to which the Participating Agency would otherwise be entitled under statute or com- mon law. B. Contractual Obligation. The obligations and re- sponsibilities incurred by a Participating Agency under this Amended Mutual Aid Agreement and Plan shall remain continuing obligations and re- sponsibilities of such party. Nothing contained herein shall be deemed to affect other Mutual Aid agreements that a party may have executed. C. Application of Law and Venue. This Amended Mu- tual Aid Agreement and Plan 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 Amended Mutual Aid Agreement and Plan or the construction or inter- pretation of this Amended Mutual Aid Agreement and Plan shall be in a state court in the County of Cook, Illinois. IN WITNESS WHEREOF, this Amended Mutual Aid Agreement has been duly executed by the following parties: ____________________________________________ Name of Law Enforcement Agency (seal) ____________________________________________ Head of Corporate Authorities ____________________________________________ Commanding Officer of Law Enforcement Agency ATTEST: ___________________________________ ____________________ Clerk Date Page 5 Northern Illinois Police Alarm SystemNORTHERN ILLINOIS POLICE ALARM SYSTEM Agreement AMENDED MUTUAL AID AGREEMENT AND PLAN The undersigned municipalitiesParticipating Law Enforcement Agencies agree pursuant to Article VII, Section 10 of the Constitution of the State of Illinois and Chapter 5 Act 220; Chapter 65 Act 5, Article 1, Division 4, Section 5/1-4-6; and Chapter 65 Act 5, Article 11, Division 1, Section, 1970, Article VII, Section 10, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), 65 ILCS 5/1-4-6, 65 ILCS 5/11-1-2.1;2.1, and Chapter 745 Act 10, Article VII, Illinois Compiled Statutes745 ILCS 10/7-101 et seq., as follows: Section 1
Purpose of Am ended Mutual Aid Agreement and Plan This agreementAmended Mutual Aid Agreement and Plan is made in recognition of the fact that natural occurrences, or man-made occurrences, may result in situations which are beyond the ability of the individual community to deal withlaw enforcement agencies to manage and respond to effectively in terms of manpower and equipment resources on hand at a given time. Each community named (Appendix 1)Participating Agency has and does express its intent to assist its neighbor communitiesother Participating Agencies by assigning some of its manpower and equipment resources to an affected communitya Stricken Agency as resources and situations allow. The specific intent of this agreementAmended Mutual Aid Agreement and Plan is to permit the Police Departments of each communityeach Participating Agency to more fully safeguard the lives, persons, and property of all citizens within its respective Primary Law Enforcement Jurisdiction. Section 2
Definitions For the purpose of this agreementAmended Mutual Aid Agreement and Plan, the following terms are defined as follows: Northern Illinois Police Alarm System (NIPAS): An organization of Northern Illinois Police Departments participating in this mutual aid agreement. Disaster: An emergency situation that threatens or causes loss of life and property and exceeds the 1 Aiding Agency: A Participating Agency furnishing police equipment and manpower to a Stricken Agency. Amended Mutual Aid Agreement and Plan:An amended Mutual Aid Agreement Plan which shall go into effect and supersede the Original Mutual Aid Agreement and Plan pursuant the procedures set forth in Section 5 of this Amended Mutual Aid Agreement and Plan. Amended NIPAS Bylaws: Amended NIPAS Bylaws, which shall go into effect and supersede the NIPAS Bylaws upon their adoption, pursuant to Article XV, Section 1 of the NIPAS Bylaws, by a majority of the Original Participating Agencies present at the special meeting of Original Participating Agencies called, pursuant to Article XI, Section 4 of the NIPAS Bylaws, at least 60 days after the last of the following two events to occur: (i) the passage and approval of an ordinance or resolution approving participation in NIPAS and the Amended Mutual Aid Agreement and Plan, in the manner provided by law, by the corporate authorities of at least three-fourths of the Participating Agencies; and (ii) the execution of this Amended Mutual Aid Agreement and Plan by the heads of the corporate authorities and the commanding officers of at least three-fourths of the Original Participating Agencies. Emergency Situation: A situation occurring within a Stricken Jurisdiction that requires the Stricken Agency to perform Law Enforcement Services that would exceed the stand-alone physical and organizational capabilities of a unit of local government. Municipality: A city, village, or town having a recognized Police Department.the Stricken Agency. Law Enforcement Services:The serving and protecting of the lives, persons, and property of all citizens within a Primary Law Enforcement Jurisdiction, including, without limitation, the investigation of all crimes occurring or alleged or suspected to have occurred within its Primary Law Enforcement Jurisdiction. Mutual aid:A definite and prearranged written agreement and plan whereby regular response and assistance is provided in the event of alarms from locations in a stricken municipality by the aiding municipalities in accordance with the police alarm assignments as developed by the Police Chiefs of the participating municipalities.Aid:Response and assistance by the Aiding Agencies in the event of an Emergency Situation. Participating municipalities: A municipality that commits itself to this mutual aid agreement by adopting an ordinance authorizing participation in the program with other participating municipalities for rendering and receiving mutual aid in the event of disaster in accordance with the police alarm assignments. Stricken municipality: The municipality in which a disaster occurs that is of such magnitude that it cannot be adequately handled by the local Police Department. Aiding municipality: A municipality furnishing police equipment and manpower to a stricken municipality. Mutual Aid Agreement and Plan:A definite and prearranged written agreement and plan whereby the provision of Mutual Aid is agreed upon in accordance with the Police Alarm Assignments as developed by the commanding officers of the Participating Agencies. NIPAS Bylaws:Those bylaws establishing the NIPAS Board, as required pursuant to Section 3.I of the Original Mutual Aid Agreement and Plan, and the rules by which the NIPAS Board shall operate adopted by the Participating Agencies on March 23, 1988, and subsequently amended by the Participating Agencies on
March 21, 1991, April 17, 1992, May 11, 1994,
May 20, 1998, and May 20, 2009. NIPAS Board:The Board of Officers of NIPAS, the governing board of NIPAS, established pursuant to 2 Section 3.I of the Original Mutual Aid Agreement and Plan. Northern Illinois Police Alarm System (NIPAS): An organization of Northern Illinois law enforcement agencies participating in the Original Mutual Aid Agreement and Plan and this Amended Mutual Aid Agreement and Plan. Original Mutual Aid Agreement and Plan:That Mutual Aid Agreement and Plan pursuant to which NIPAS and the Participating Agencies operate and are governed, which shall be in effect until the Amended Mutual Aid Agreement and Plan goes into effect and supersedes the Original Mutual Aid Agreement and Plan pursuant the procedures set forth in Section 5 of this Amended Mutual Aid Agreement and Plan. Original Participating Agencies: Those Participating Agencies whose corporate authorities had approved participation in NIPAS and whose head of corporate authorities and commanding officers had executed the Original Mutual Aid Agreement and Plan prior to May 1, 2018. Participating Agency: A law enforcement agency dedicated to performing Law Enforcement Services for its Primary Law Enforcement Jurisdiction that commits itself to participate in NIPAS pursuant to the terms of this Amended Mutual Aid Agreement and Plan. Police alarm assignmentsAlarm Assignments: A pre-determined listing of manpower and equipment that will respond to aid a stricken municipalityStricken Agency. Primary Law Enforcement Jurisdiction: A geographically, politically, or contractually defined area for which a Participating Agency is primarily responsible for performing Law Enforcement Services. Specialized Teams:A subsidiary team of NIPAS established by the NIPAS Board, consisting of Participating Agencies electing to participate pursuant to a separate agreement, and dedicated to performing a specialized set of Law Enforcement Services for the sole benefit of the Participating Agencies electing to participate in the Specialized Team and not for the benefit of all of NIPAS or all of the Participating Agencies. Stricken Agency: The Participating Agency that is primarily responsible performing Law Enforcement Services for a Stricken Jurisdiction. Stricken Jurisdiction:The Primary Law Enforcement Jurisdiction in which an Emergency Situation occurs that is of such magnitude that it cannot be adequately managed or responded to by the Participating Agency primarily responsible for performing the Law Enforcement Services for that Primary Law Enforcement Jurisdiction. Section 3
Ag reement to Effectuate
theAm ended Mutual Aid Agreement and Plan The Village President, Mayor, or Board of Trustees of each participating municipality iscorporate authorities of each Participating Agency are authorized on behalf of that municipalityParticipating Agency to enter into and from time to timesubsequently alter and amend, on the advice of the Police Chief and with the consent of the governing body of that municipality, an agreement with other municipalities for mutual aid according to the followingcommanding officer of the Participating Agency, this Amended Mutual Aid Agreement and Plan as follows: A.Whenever a disasteran Emergency Situation is of such magnitude and consequence that it is 3 deemed advisable by the senior officer present, of the stricken municipality, to request assistance of the aiding municipalities, he is hereby authorized to do so, under the terms of this mutual aid agreement andStricken Agency, or his or her designee, to request Mutual Aid from the Aiding Agencies, the senior officer present of the aiding municipalities are authorized to and shall forthwith take the following actionsStricken Agency, or his or her designee, may do so in accordance with the following: • 1.Immediately determine what resources are required according to the mutual aid police alarm assignment.Police Alarm Assignments. • 2.Immediately determine if the required equipment and personnel can be committed in response to the request from the stricken municipalityStricken Agency. • 3.Dispatch immediately the personnel and equipment required to the stricken municipalityStricken Agency in accordance with the police alarm assignment.Police Alarm Assignments. B.The rendering of assistanceMutual Aid under the terms of this mutual aid agreementAmended Mutual Aid Agreement and Plan shall not be mandatory in accordance with the police alarm assignmentsPolice Alarm Assignments if local conditions prohibit response. In that event it is the responsibility of the aiding municipalityAiding Agency to immediately notify the stricken municipality of same.Stricken Agency of the circumstances that prevent the provision of Mutual Aid in response to the Emergency Situation. C.The senior officer present, of the stricken municipalityStricken Agency, or his or her designee, shall assume full responsibility and command for operations at the scene.He The senior officer present of the Stricken Agency, or his or her designee, will assign personnel and equipment, of the aiding municipalitiesAiding Agencies, to positions when and where he or she deems necessary. D.It is expected that requests Requests for mutual aidMutual Aid under this agreement will be initiated only when the needs exceed the resources of the stricken municipalityAmended Mutual Aid Agreement and Plan will be initiated only in the event of an Emergency Situation in which the demands for Law Enforcement Services on the Stricken Agency exceed the stand-alone physical and organizational capabilities of the Stricken Agency. Aiding municipalitiesAgencies will be released and returned to duty in their own communityPrimary Law Enforcement Jurisdiction as soon as the situation is restoredEmergency Situation is resolved to the point which permits the stricken municipalityStricken Agency to satisfactorily handle it with its own resources or, as per Itempursuant to subsection B above, when an aiding municipality so desiresAiding Agency so decides. E.All serviceLaw Enforcement Services performed under this agreementAmended Mutual Aid Agreement and Plan shall be rendered without reimbursement of any party from the other(s). Requests for indemnification for unusual or burdensome costs incurred in the performance of mutual aidMutual Aid may be submitted by the aiding municipalityAiding Agency to the stricken municipalityStricken Agency. Indemnification of such costs shall be at the discretion of the respective elected Board or Councilscorporate authorities of the Stricken Agency. F.Each participating municipalityParticipating Agency assumes the responsibility for members of its police force acting pursuant to this agreementAmended Mutual Aid Agreement and Plan, both as to 4 indemnification of said members of the Participating Agency’s police officersforce as provided for by Chapter 65 ILCS 5/1-4-6,65 ILCS 5/1-4-6 in the case of municipal Participating Agencies or 55 ILCS 5/5-1002 in the case of county Participating Agencies, or any other Statute of the State of Illinois or law or bylaw of the Participating Agencies, as the case may be, and as to personal benefits to said members of the Participating Agency’s police officersforce, all to the same extent as they are protected, insured, indemnified and otherwise provided for by the Statutes of the State of Illinois andor the ordinances of the participating municipalities whenlaws or bylaws of the Participating Agencies when those members of the Primary Agency’s police force are acting solely within their own corporate limitsthe Participating Agency’s Primary Law Enforcement Jurisdiction. G.The Police Chiefs of the participating municipalities shall maintain a governing board and establish an operational plan for giving and receiving aid under this agreement. Said plan shall be reviewed, updated and tested at regular intervals.Defense and Indemnification of NIPAS. 1.Defense. In the event that NIPAS 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 Stricken Agency shall be responsible, at its sole cost, for the defense of NIPAS is such lawsuit, claim or action. 2.Indemnification. To the extent permitted by law, the indemnification of NIPAS from and against any liability, damage, cost, including plaintiff’s attorney’s fees, or expense assessed against NIPAS shall be shared equally between each Participating Agency named as a party to the lawsuit, claim or action. H.Insurance Requirements. Each Participating Agency under the terms of this Amended Mutual Aid Agreement and Plan 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 Mutual Aid pursuant to this Amended Mutual Aid Agreement and Plan as follows: 1.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 specific aggregate of $1,000,000. 2.Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3.Workers' Compensation and Employers' Liability: W orkers' Compensation coverage with statutory limits and Employers' Liability limits of $500,000 per accident 4.Each Agency shall bear the responsibility for its own insurance even in the event of inadequate, nonexistent or exhausted coverage. I.The commanding officers of the Participating Agencies shall maintain a governing board, the NIPAS Board, and establish an operational plan for giving and receiving Mutual Aid under this Amended Mutual Aid Agreement and Plan. Said plan shall be reviewed, updated and tested at regular intervals. J.Each Participating Agency agrees to pay dues or fees, as determined by the NIPAS Board in its sole and absolute discretion, in exchange for the Participating Agency’s participation in NIPAS. Payments of such dues or fees, if any, are due at the commencement of participation in NIPAS and thereafter upon request from the NIPAS Board. 5 K.The NIPAS Board, from time to time as it sees fit, may establish Specialized Teams within NIPAS dedicated to performing specialized sets of Law Enforcement Services for the sole benefit of those Participating Agencies who elect to participate in each Specialized Team and may set forth the scope of services or mission, participation criteria, rules and regulations, and additional fees or dues for each Specialized Team at its discretion (collectively,“Additional Requirements”). Participating Agencies may elect to participate in these Specialized Teams in accordance with the Additional Requirements for each Specialized Team, as set forth by the NIPAS Board. The specialized benefits and additional Mutual Aid offered by each Specialized Team shall be available only to those Participating Agencies which have elected to: (i) participate in that particular Specialized Team; and (ii) comply with the Additional Requirements of that particular Specialized Team, as set forth by the NIPAS Board. Approval and Execution of this Amended Mutual Aid Agreement and Plan by the undersigned law enforcement agency only grant the undersigned law enforcement agency participation in NIPAS as a whole and access to the Mutual Aid from other Participating Agencies in the event of an Emergency Situation, as those terms are defined in Section 2 and pursuant to the terms set forth in this Amended Mutual Aid Agreement and Plan, and do not grant or guarantee to the undersigned law enforcement agency participation in a Specialized Team or access to the specialized benefits and additional Mutual Aid offered by each Specialized Team. Section 4
Termination A.Any municipality may withdraw from the Northern Illinois Police Alarm System agreement by notifying the Police Chiefs of the other participating municipalities in writingParticipating Agency may withdraw from participation in NIPAS and this Amended Mutual Aid Agreement and Plan by notifying the NIPAS Board in writing (“Termination Notice”), on or before December 31 of any calendar year, whereupon the participation of the withdrawing municipality will terminate participation ninety (90) days from the date of written notice.Participating Agency will terminate effective as of May 1 of the calendar year following the calendar year in which the Termination Notice is received by the NIPAS Board. B.Any participating agency that fails to meet its obligations in accordance with this Amended Mutual Aid Agreement and Plan or with the NIPAS Bylaws may have its participation in NIPAS terminated by a two-thirds vote of the NIPAS Board pursuant to Article III, Section 8 of the Amended NIPAS Bylaws. C.Any Participating Agency found responsible for any behavior detrimental to law enforcement or whose continued participation would be detrimental to NIPAS, may have its participation in NIPAS suspended or terminated by a two-thirds vote of the NIPAS Board pursuant to Article III, Section 9 of the Amended NIPAS Bylaws. Before any Participating Agency may be suspended or terminated from participation in NIPAS, the Participating Agency will be notified and shall have an opportunity to appear before the NIPAS Board. Section 5
Adoption and Effect of Adoption This mutual aid agreement shall be in full force and in effect with the passage and approval of a companion ordinance by all participating municipalities, in the manner provided by law, and in the 6 signing of this agreement by the Village President, City Mayor or Trustees of a municipality.A.If the undersigned law enforcement agency is an Original Participating Agency, this Amended Mutual Aid Agreement and Plan shall be in full force and in effect only upon the date of the last of the following events to occur (“Original Participating Agency Effective Date”): 1.The passage and approval of an ordinance or resolution approving participation in NIPAS and this Amended Mutual Aid Agreement and Plan, in the manner provided by law, by the corporate authorities of the undersigned Original Participating Agency (“Approval”); 2.The execution of this Amended Mutual Aid Agreement and Plan by the head of the corporate authorities and the commanding officer of the undersigned Original Participating Agency (“Execution”); 3.The Approval of participation in NIPAS and this Amended Mutual Aid Agreement and Plan, in accordance with the procedures set forth in Section 5.A.1 of this Amended Mutual Aid Agreement, by the corporate authorities of at least three-fourths of the Original Participating Agencies; 4.The Execution of this Amended Mutual Aid Agreement and Plan, in accordance with the procedures set forth in Section 5.A.2 of this Amended Mutual Aid Agreement, by the heads of the corporate authorities and the commanding officers of at least three-fourths of the Original Participating Agencies; and 5.The adoption of the Amended NIPAS Bylaws, pursuant to Article XV, Section 1 of the NIPAS Bylaws, by a majority of the Original Participating Agencies present at the special meeting of the Original Participating Agencies called, pursuant to Article XI, Section 4 of the NIPAS Bylaws, at least 60 days after the last to occur of the two events listed in Section 5.A.3 and Section 5.A.4 of this Amended Mutual Aid Agreement and Plan. If this Amended Mutual Aid Agreement and Plan is brought into full force and effect pursuant to this Section 5.A of this Amended Mutual Aid Agreement and Plan, then, as of the Original Participating Agency Effective Date: (i) the undersigned Original Participating Agency shall remain a Participating Agency in NIPAS and, if the undersigned Original Participating Agency has elected to participate in a Specialized Team or Specialized Teams, the participation of the undersigned Original Participating Agency in its respective Specialized Team or Specialized Teams shall continue; (ii) the Original Mutual Aid Agreement and Plan shall be terminated; (iii) this Amended Mutual Aid Agreement and Plan and the provisions contained herein shall supersede and control over the Original Mutual Aid Agreement and Plan and any provision contained therein; (iv) the NIPAS Bylaws shall no longer govern NIPAS; and (v) the Amended NIPAS Bylaws and the provisions contained therein shall govern NIPAS and supersede and control over the NIPAS Bylaws and any provision contained therein. The participation in NIPAS, and in any Specialized Team, of any Original Participating Agency that fails to complete the Approval and Execution of this Amended Mutual Aid Agreement and Plan in accordance with this Section 5.A on or before the day before the Original Participating Agency Effective Date will be terminated as of the day after the Original Participating Agency Effective Date. Any Original Participating Agency who has its participation in NIPAS terminated may seek participation in NIPAS again at any time in accordance with the procedures set forth in Section 5.B of this Amended Mutual Aid Agreement and Plan. B.If the undersigned law enforcement agency is not an Original Participating Agency, this Amended Mutual Aid Agreement and Plan shall be in full force and in effect with respect to the undersigned law enforcement agency upon the date of the last of the following events to occur (“New Participating Agency Effective Date”): 7 1.The Approval of participation in NIPAS and this Amended Mutual Aid Agreement and Plan, in accordance with the procedures set forth in Section 5.A.1 of this Amended Mutual Aid Agreement, the by the corporate authorities of the undersigned law enforcement agency; 2.The Execution of this Amended Mutual Aid Agreement and Plan, in accordance with the procedures set forth in Section 5.A.2 of this Amended Mutual Aid Agreement, by the head of the corporate authorities and the commanding officer of the undersigned law enforcement agency; and 3.The approval by the NIPAS Board of the undersigned law enforcement agency as a Participating Agency in NIPAS pursuant to Article III of the Amended NIPAS Bylaws. If this Amended Mutual Aid Agreement and Plan is brought into full force and effect pursuant to this Section 5.B of this Amended Mutual Aid Agreement and Plan, then, as of the New Participating Agency Effective Date: (i) this Amended Mutual Aid Agreement and Plan and provisions contained herein and the Amended NIPAS Bylaws and provisions contained therein shall control the undersigned law enforcement agency’s participation in NIPAS; and (ii) any previous agreement or bylaws related to NIPAS to which the undersigned law enforcement agency is a party shall be superseded by this Amended Mutual Aid Agreement and Plan and provisions contained herein and the Amended NIPAS Bylaws and provisions contained therein. Section 6
General Provisions A.Non-W aiver of Immunities. No Participating Agency to this Amended Mutual Aid Agreement and Plan while performing under the terms of this Amended Mutual Aid Agreement and Plan shall be deemed to waive any governmental immunity or defense to which the Participating Agency would otherwise be entitled under statute or common law. B.Contractual Obligation. The obligations and responsibilities incurred by a Participating Agency under this Amended Mutual Aid Agreement and Plan 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. C.Application of Law and Venue. This Amended Mutual Aid Agreement and Plan 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 Amended Mutual Aid Agreement and Plan or the construction or interpretation of this Amended Mutual Aid Agreement and Plan shall in a state court in the County of _______________, Illinois. IN WITNESS WHEREOF, this Amended Mutual Aid Agreement and Plan has been duly executed by the following parties: _____________________________________________ Name of MunicipalityLaw Enforcement Agency _____________________________________________ President/MayorHead of Corporate Authorities 8 _____________________________________________ Chief of PoliceCommanding Officer of Law Enforcement Agency ATTEST: ___________________________________ ____________________ Clerk Date 9 Document comparison by W orkshare Compare on Tuesday, April 24, 2018 8:28:15 PM Input: Document 1 ID interwovenSite://HKDMS/Active/55020236/1 Description #55020236v1<Active> - NIPAS Member Agreement Document 2 ID interwovenSite://HKDMS/Active/55020236/6 Description #55020236v6<Active> - NIPAS Amended Member Agreement Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 134 Deletions 86 Moved from 7 Moved to 7 Style change 0 Format changed 0 Total changes 234