R-1728 - 06/12/2018 - IGA - Resolutions REGDLUT|DN201O-PC-|SA-ALK8-WUTA|O-R-172O
ARESOLUTION APPROVING ANAMENDED 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 tocontract or otherwise associate among 1h8nlSe|vaa in any manner not prohibited
bylaw Orordinance; and
WHEREAS, Article V||, Section 10 of the 1870 Illinois Constitution and the Illinois
Intergovernmental Cooperation Act, 5 |LCS22O/1. et seq.. authorizes units oflocal government
to exercise any power orpowers, privileges orauthority which may be exercised by the unit of
local government individually tobeexercised and enjoyed joinUyvv|thanyother|noa|gowarnrnent
orbody |nthe State; and
WHEREAS, the Northern U|iDOia Police Alarm System (TV0P43') is an intergovernmental
organization established via an intergovernmental service and mutual aid agreement ("8/0rAS
Agreement') entered into by law enforcement agencies serving the northern Illinois and
ChicegO|andregion ("P8rticipating/\yencies'); and
WHEREAS, through the N|PAGAgreerDSOt. 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 |iha and
property and exceeds the stand-alone physical and organizational capabilities of that Participating
Agenoy; anU
WHEREAS, on February 11, 1997, the Village Board of Trustees adopted Resolution No.
97-AG-N|PAS'E1-R-687 approving the N|PA3 Agreement whereby the Village's police
department became a Participating Agency in N|PA8 subject to the terms and conditions of the
N|PA8 Agreement; and
WHEREAS, an N|PAS has now expanded toover 100 Participating Agencies, the needs
OfN|P,4Ghave evolved and grown in complexity beyond the constraints of the NIPAS Agreement
asitincurrently constituted; and
VVHEF<EAS, in order to adequately continue tO meet those needs and Sen/o its growing
number OfParticipating Agenoies. N|PA8 has requested that its Participating Agencies agree to
amend the NI PAS 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 bast interests of
the Village and its residents toenter into the Amended N|PA8Agreement;
NOW, THEREFORE. BE IT RESOLVED bythe Village Board of Trustees ofthe Village of
Oak Brook, DuP8ge and Cook Counties, |||inn|o, as follows:
btI�U{ON 1: RECITALS, The foregoing recitals are incorporated into, and made part
of, this Resolution.
Resolution uo10-Po-IaA+LM*vuTA|o'
r-1728|sAw/Northom|Lpnom,A*nm
System Page xvrx
SECTION=� 2 . The Village Board of
Trustees hereby approves the Amended N|PAb /\gre9mont in substantially the form attached to
this Resolution as Exhibit A.
SECTION 3: The
Village Board OfTrustees hereby authorizes and directs - of the
DepartmentPo|ioDepartment to execute and the Village Clerk to attest, on behalf of the Village, the
Amended N|PAGAgreement approved inSection 2nfthis Resolution.
SECTION 4: EFFECTIVE DATE. This F<ean|ubon shall be in full force and effect from
and after its passage and approval according tolaw,
APPROVED this 12thday OfJune,
Village President
PASSED this 12thday ofJune, 2018.
AYES: Trustees Baur, Cuevas, Maozo, Saiyed, Tieaenga, Yusuf
NAYS:
ABSENT
Al 411�1��il
Charlotte K. Pruss
Village Clerk
Resolution 2018-PD-MUTAID-IGA-
R-1728 IGA w/Northern IL Police Alarm
System Page 3 of 3
EXHIBIT A
AMENDED NIPAS AGREEMENT
Northern Illinois Police Alarm System
$yST1:10
llftplS POfI��
Amended Mutual Aid Agreement and Plan
The undersigned Participating Law Enforcement Section 1 of the NIPAS Bylaws, by a majority of the
Agencies agree pursuant to the Constitution of the Original Participating Agencies present at the special
State of Illinois, 1970,Article V11, Section 10,the Inter- meeting of Original Participating Agencies called, pur-
governmental Cooperation Act(5 ILCS 220/1 et seq.), suant to Article X1, Section 4 of the NIPAS Bylaws, at
65 ILCS 5/1-4-6, 65 ILCS 5/11-1-2.1, and 745 ILCS least 60 days after the last of the following two events
10/7-101 et seq., as follows: 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
Section 1 manner provided by law, by the corporate authorities
Purpose of Amended of at least three-fourths of the Participating Agencies;
Mutual Aid Agreement and Plan and (ii) the execution of this Amended Mutual Aid
Agreement and Plan by the heads of the corporate
This Amended Mutual Aid Agreement and Plan is authorities and the commanding officers of at least
made in recognition of the fact that natural occur- three-fourths of the Original Participating Agencies.
rences, or man-made occurrences, may result in
situations which are beyond the ability of individual Emergency Situation: A situation occurring within a
law enforcement agencies to manage and respond to Stricken Jurisdiction that requires the Stricken Agen-
effectively in terms of manpower and equipment re- cy to perform Law Enforcement Services that would
sources on hand at a given time. Each Participating exceed the stand-alone physical and organizational
Agency has and does express its intent to assist other capabilities of the Stricken Agency.
Participating Agencies by assigning some of its man- Law Enforcement Services:The serving and protect-
power and equipment resources to a Stricken Agency ing of the lives, persons, and property of all citizens
as resources and situations allow. The specific intent within a Primary Law Enforcement Jurisdiction,includ-
of this Amended Mutual Aid Agreement and Plan is to ing, without limitation, the investigation of all crimes
permit each Participating Agency to more fully safe- occurring or alleged or suspected to have occurred
guard the lives, persons, and property of all citizens within its Primary Law Enforcement Jurisdiction.
within its respective Primary Law Enforcement Juris-
diction. Mutual Aid: Response and assistance by the Aiding
Agencies in the event of an Emergency Situation.
Section 2 Mutual Aid Agreement and Plan: A definite and pre-
Definitions arranged written agreement and plan whereby the
provision of Mutual Aid is agreed upon in accordance
For the purpose of this Amended Mutual Aid Agree- with the Police Alarm Assignments as developed by
ment and Plan, the following terms are defined as the commanding officers of the Participating Agen-
follows: cies.
Aiding Agency:A Participating Agency furnishing po- WAS Bylaws:Those bylaws establishing the NIPAS
lice equipment and manpower to a Stricken Agency. Board, as required pursuant to Section 3.G of the
Original Mutual Aid Agreement and Plan, and the
Amended Mutual Aid Agreement and Plan: An rules by which the NIPAS Board shall operate adopted
amended Mutual Aid Agreement Plan which shall by the Participating Agencies on March 23, 1988, and
go into effect and supersede the Original Mutual Aid subsequently amended by the Participating Agencies
Agreement and Plan pursuant to the procedures set on March 21, 1991,April 17, 1992, May 11, 1994, May
forth in Section 5 of this Amended Mutual Aid Agree- 20, 1998, and May 20, 2009.
ment and Plan.
NIPAS Board: The Board of Officers of NIPAS, the
Amended NIPAS Bylaws: Amended NIPAS Bylaws, governing board of NIPAS, established pursuant to
which shall go into effect and supersede the NIPAS Section 3.G of the Original Mutual Aid Agreement and
Bylaws upon their adoption, pursuant to Article XV, Plan.
Page 1
Northern Illinois Police Alarm System (NIPAS): An cy to enter into and subsequently alter and amend,on
organization of Northern Illinois law enforcement the advice of the commanding officer of the Partici-
agencies participating in the Original Mutual Aid pating Agency, this Amended Mutual Aid Agreement
Agreement and Plan and this Amended Mutual Aid and Plan as follows:
Agreement and Plan.
Original Mutual Aid Agreement and Plan: That Mu- A. Whenever an Emergency Situation is of such
tual Aid Agreement and Plan pursuant to which NI- magnitude and consequence that it is deemed
PAS and the Participating Agencies operate and are advisable by the senior officer present of the
governed, which shall be in effect until the Amended Stricken Agency, or his or her designee, to re-
Mutual Aid Agreement and Plan goes into effect and quest Mutual Aid from the Aiding Agencies, the
supersedes the Original Mutual Aid Agreement and senior officer present of the Stricken Agency, or
Plan pursuant to the procedures set forth in Section his or her designee, may do so in accordance
5 of this Amended Mutual Aid Agreement and Plan, with the following:
Original Participating Agencies: Those Participating 1. immediately determine what resources are
Agencies whose corporate authorities had approved required according to the Police Alarm As-
participation in NIPAS and whose head of corporate signments.
authorities and commanding officers had executed
the Original Mutual Aid Agreement and Plan prior to 2. Immediately determine if the required equip-
May 1, 2018. ment and personnel can be committed in
response to the request from the Stricken
Participating Agency:A law enforcement agency ded- Agency.
icated to performing Law Enforcement Services for its
Primary Law Enforcement Jurisdiction that commits 3. Dispatch immediately the personnel and
itself to participate in NIPAS pursuant to the terms of equipment required to the Stricken Agency
this Amended Mutual Aid Agreement and Plan. in accordance with the Police Alarm Assign-
Police Alarm Assignments: A pre-determined listing ments.
of manpower and equipment that will respond to aid B. The rendering of Mutual Aid under the terms of
a Stricken Agency. this Amended Mutual Aid Agreement and Plan
Primary Law Enforcement Jurisdiction: A geographi- shall not be mandatory in accordance with the
cally, politically,or contractually defined area for which Police Alarm Assignments if local conditions pro-
a Participating Agency is primarily responsible for per- hibit response. In that event it is the responsi-
forming Law Enforcement Services. bility of the Aiding Agency to immediately notify
the Stricken Agency of the circumstances that
Specialized Teams: A subsidiary team of NIPAS es- prevent the provision of Mutual Aid in response to
tablished by the NIPAS Board, consisting of Partici- the Emergency Situation.
pating Agencies electing to participate pursuant to a
separate agreement, and dedicated to performing a C. The senior officer present of the Stricken Agency,
specialized set of Law Enforcement Services for the or his or her designee, shall assume full respon-
sole benefit of the Participating Agencies electing to sibility and command for operations at the scene.
participate in the Specialized Team and not for the The senior officer present of the Stricken Agency,
benefit of all of NIPAS or all of the Participating Agen- or his or her designee, will assign personnel and
cies. equipment, of the Aiding Agencies, to positions
Stricken Agency:The Participating Agency that is pri- when and where he or she deems necessary,
marily responsible for performing Law Enforcement
Services for a Stricken Jurisdiction. D. Requests for Mutual Aid under this Amended Mu-
tual Aid Agreement and Plan will be initiated only
Stricken Jurisdiction: The Primary Law Enforcement in the event of an Emergency Situation in which
Jurisdiction in which an Emergency Situation occurs the demands for Law Enforcement Services on
that is of such magnitude that it cannot be adequately the Stricken Agency exceed the stand-alone
managed or responded to by the Participating Agen- physical and organizational capabilities of the
cy primarily responsible for performing the Law En- Stricken Agency. Aiding Agencies will be released
forcement Services for that Primary Law Enforcement and returned to duty in their own Primary Law En-
Jurisdiction. forcement Jurisdiction as soon as the Emergency
Situation is resolved to the point which permits
the Stricken Agency to satisfactorily handle it with
Section 3 its own resources or, as pursuant to subsection B
Amended Mutual Aid Agreement and Pian above, when an Aiding Agency so decides.
The corporate authorities of each Participating Agen- E. All Law Enforcement Services performed under
cy are authorized on behalf of that Participating Agen- this Amended Mutual Aid Agreement and Plan
Page 2
shall be rendered without reimbursement of any shall be no less than$2,000,000 or a project/
party from the other(s). Requests for indemnifi- contract specific aggregate of$1,000,000.
cation for unusual or burdensome costs incurred
in the performance of Mutual Aid may be submit- 2. Business Automobile Liability: $1,000,000
ted by the Aiding Agency to the Stricken Agency. combined single limit per accident for bodily
Indemnification of such costs shall be at the dis- injury and property damage.
cretion of the corporate authorities of the Stricken 3. Workers' Compensation and Employers' Lia-
Agency, bility: Workers' Compensation coverage with
statutory limits and Employers' Liability limits
F. Each Participating Agency assumes the respon- of$500,000 per accident.
sibility for members of its police force acting pur-
suant to this Amended Mutual Aid Agreement and 4. Each Agency shall bear the responsibility for
Plan, both as to indemnification of said members its own insurance even in the event of inade-
of the Participating Agency's police force as pro- quate, nonexistent or exhausted coverage.
vided for by 65 ILCS 5/1-4-6 in the case of munic-
ipal Participating Agencies or 55 ILCS 5/5-1002 I. The commanding officers of the Participating
in the case of county Participating Agencies, or Agencies shall maintain a governing board, the
any other Statute of the State of Illinois or law or NIPAS Board, and establish an operational plan
bylaw of the Participating Agencies, as the case for giving and receiving Mutual Aid under this
may be, and as to personal benefits to said mem- Amended Mutual Aid Agreement and Plan. Said
bers of the Participating Agency's police force, plan shall be reviewed, updated and tested at reg-
all to the same extent as they are protected, in- ular intervals.
sured, indemnified and otherwise provided for by
the Statutes of the State of Illinois or the laws or J. Each Participating Agency agrees to pay dues
bylaws of the Participating Agencies when those or fees, as determined by the NIPAS Board in
members of the Primary Agency's police force are its sole and absolute discretion, in exchange for
acting solely within the Participating Agency's Pri- the Participating Agency's participation in NIPAS.
mary Law Enforcement Jurisdiction. Payments of such dues or fees, if any, are due at
G. Defense and Indemnification of NIPAS. the commencement of participation in NIPAS and
thereafter upon request from the NIPAS Board.
1. Defense. In the event that NIPAS is named
as a party to a lawsuit, claim or action as a K. The NIPAS Board, from time to time as it sees
NIP-
separate party, either individually or in ad- fit, may establish Specialized Teams within NIP-
dition to other Participating Agencies, the AS dedicated to performing specialized sets of
Stricken Agency shall be responsible, at its Law Enforcement Services for the sole benefit of
the defense of NIPAS in such those Participating Agencies who elect to partici-
sole cost, for
lawsuit, claim the
action. pate in each Specialized Team and may set forth
the scope of services or mission, participation
2. Indemnification. To the extent permitted by criteria, rules and regulations, and additional fees
law, the indemnification of NIPAS from and or dues for each Specialized Team at its discre-
against any liability, damage, cost, includ- tion (collectively, `Additional Requirements").
ing plaintiff's attorney's fees, or expense as- Participating Agencies may elect to participate
sessed against NIPAS shall be shared equal- in these Specialized Teams in accordance with
ly between each Participating Agency named the Additional Requirements for each Specialized
as a party to the lawsuit, claim or action. Team, as set forth by the NIPAS Board. The spe-
cialized benefits and additional Mutual Aid offered
H. Insurance Requirements. Each Participating by each Specialized Team shall be available only
Agency under the terms of this Amended Mutual to those Participating Agencies which have elect-
Aid Agreement and Plan shall procure and main- ed to: (i) participate in that particular Specialized
tain, at its sole and exclusive expense, insurance Team;and (ii)comply with the Additional Require-
coverage which covers itself, its personnel and ments of that particular Specialized Team, as set
equipment and liability for its participation in pro- forth by the NIPAS Board. Approval and Execution
viding Mutual Aid pursuant to this Amended Mu- of this Amended Mutual Aid Agreement and Plan
tual Aid Agreement and Plan as follows: by the undersigned law enforcement agency only
1. Commercial General Liability (Including con- grant the undersigned law enforcement agency
tractual liability coverage): $1,000,000 com- participation in NIPAS as a whole and access to
bined single limit per occurrence for bodily the Mutual Aid from other Participating Agencies
injury, and property damage and $1,000,000 in the event of an Emergency Situation, as those
per occurrence for personal injury. The gen- terms are defined in Section 2 and pursuant to
eral aggregate shall be twice the required oc- the terms set forth in this Amended Mutual Aid
currence limit. Minimum General Aggregate 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 3. The Approval of participation in NIPAS and
the specialized benefits and additional Mutual Aid this Amended Mutual Aid Agreement and
offered by each Specialized Team. Plan, in accordance with the procedures set
forth in Section 5.A.1 of this Amended Mutual
Aid Agreement, by the corporate authorities
Section 4 of at least three-fourths of the Original Partic-
Termination ipating Agencies;
A. Any Participating Agency may withdraw from 4. The Execution of this Amended Mutual Aid
participation in NIPAS and this Amended Mutual Agreement and Plan, in accordance with
Aid Agreement and Plan by notifying the NIPAS the procedures set forth in Section 5.A.2 of
Board in writing ("Termination Notice'}, on or this Amended Mutual Aid Agreement, by the
before December 31 of any calendar year,where- heads of the corporate authorities and the
upon the participation of the withdrawing Partic- commanding officers of at least three-fourths
ipating Agency will terminate effective as of May of the Original Participating Agencies;and
1 of the calendar year following the calendar year 5. The adoption of the Amended NIPAS Bylaws,
in which the Termination Notice is received by the pursuant to Article XV,Section 1 of the NIPAS
NIPAS Board. Bylaws, by a majority of the Original Partici-
B. Any participating agency that fails to meet its ob- pating Agencies present at the special meet-
ligations in accordance with this Amended Mu- ing of the Original Participating Agencies
tual Aid Agreement and Plan or with the NIPAS called, pursuant to Article XI, Section 4 of the
Bylaws may have its participation in NIPAS ter- NIPAS Bylaws, at least 60 days after the last
minated by a two-thirds vote of the NIPAS Board to occur of the two events listed in Section
pursuant to Article III, Section 8 of the Amended 5.A.3 and Section 5.A.4 of this Amended Mu-
NIPAS Bylaws. tual Aid Agreement and Plan.
C. Any Participating Agency found responsible for If this Amended Mutual Aid Agreement and Plan is
any behavior detrimental to law enforcement brought into full force and effect pursuant to this Sec-
or whose continued participation would be det- tion 5.A of this Amended Mutual Aid Agreement and
rimental to NIPAS, may have its participation in Plan, then, as of the Original Participating Agency Ef-
NIPAS suspended or terminated by a two-thirds fective Date:(i)the undersigned Original Participating
vote of the NIPAS Board pursuant to Article III, Agency shall remain a Participating Agency in NIPAS
Section 9 of the Amended NIPAS Bylaws. Before and, if the undersigned Original Participating Agen-
any Participating Agency may be suspended or cy has elected to participate in a Specialized Team
terminated from participation in NIPAS, the Par- or Specialized Teams, the participation of the under-
ticipating Agency will be notified and shall have signed Original Participating Agency in its respective
an opportunity to appear before the NIPAS Board. Specialized Team or Specialized Teams shall contin-
ue; (ii) the Original Mutual Aid Agreement and Plan
shall be terminated; (iii) this Amended Mutual Aid
Section 5 Agreement and Plan and the provisions contained
Adoption and Effect of Adoption herein shall supersede and control over the Original
Mutual Aid Agreement and Pian and any provision
A. If the undersigned law enforcement agency is an contained therein;(iv)the NIPAS Bylaws shall no lon-
Original Participating Agency, this Amended Mu- ger govern NIPAS; and (v) the Amended NIPAS By-
tual Aid Agreement and Plan shall be in full force laws and the provisions contained therein shall gov-
and in effect only upon the date of the last of the ern NIPAS and supersede and control over the NIPAS
following events to occur ("Original Participat- Bylaws and any provision contained therein.
ing Agency Effective Date'): The participation in NIPAS, and in any Specialized
1. The passage and approval of an ordinance Team,of any Original Participating Agency that fails to
or resolution approving participation in NIP- complete the Approval and Execution of this Amend-
AS and this Amended Mutual Aid Agreement ed Mutual Aid Agreement and Plan in accordance
and Plan, in the manner provided by law, by with this Section 5.A on or before the day before the
the corporate authorities of the undersigned Original Participating Agency Effective Date will be
Original Participating Agency ("Approval's; terminated as of the day after the Original Participat-
ing Agency Effective Date. Any Original Participating
2. The execution of this Amended Mutual Aid Agency who has its participation in NIPAS terminated
Agreement and Plan by the head of the cor- may seek participation in NIPAS again at any time in
porate authorities and the commanding offi- accordance with the procedures set forth in Section
cer of the undersigned Original Participating 5.13 of this Amended Mutual Aid Agreement and Plan.
Agency("Execution'};
Page 4
B. |fthe undersigned law enforcement agency isnot undersigned law enforcement agency isuparty shall
an Original Participating Agancy, this Amended be superseded by this Amended Mutual Aid Agree-
Mutual Aid Agreement and Plan shall be in full men1and Plan and provisions contained herein and
force and ineffect with respect huthe undersigned the Amended N|PAS Bylaws and provisions con-
law enforcement agency upon the date of the last
un'|awenforoemer8a0*noyupon1hedateofthe|aa1 tainedthoein.
ofthe following events 10occur("NewParticipat-
ing 4QennyEffectiveDabo'1:
1. The Approval of participation in N|PAS and Section 6
this Amended MutualAid Agreement and General Provisions
p|en, inaccordance with the procedures set A. . No Participating
forth in Section 5.A.1 ofthis Amended Mutual Agency to this Amended Mutual Aid Agreement
Aid Agreement, bythe corporate authorities and Plan while performing under the terms ofthis
of the undersigned law enforcement agency; Amended Mutual Aid Agreement and Plan shall
2. The Execution of this Amended Mutual Aid be deemed Vzwaive any governmental immuni-
Agnsemeni and P|an, in accordance with 1y ordefense \owhich the Participating Agency
the procedures set forth in Section 5.A.2of would otherwise beentitled under statute nrcnm'
thiuAmended Mutual Aid Agreement, by the mon law.
head of the corporate authorities and the B. Contractual Obligation. The obligations and re-
commanding officer of the undersigned law eponuibi|itieo incurred bya Participating Agency
enforcement agency;and under this Amended Mutual Aid Agreement and
3. The approval by the N|pAS Board of the un' p|on shall remain continuing obligations and re-
demignedlaw enforcement agency aaaPar- aponnibi|iti000fsuch party. Nothing contained
heminuhaUbedeemed toaffect other KXutua|Aid
huipodingAgenoyinN|PASpursuon��oArdo|e
III of the Amended N|PASBylaws. agreements that aparty may have executed.
C This Amended�Wu'
|f �hisAmendod Mutual AidAgreemen1and Plan is �
tua| AidAgne*men� and Plan shall be governed
bmughtinto full force and eMa�� pumuantiothis Sec-
tion 5.13 ofthis Amended Mutual Aid Agreement and by and construed under the |mwu of the State of Plan, Illinois. The exclusive venue for the enforcement
then, as �� the New Participating E� �
' of the provisions c� this Amended Mutual Aid
�oive Date:� (i) this Mutual Aid' Agreement and Plan or the construction or inter
-
Amended
Plan and provisions contained herein and the
pnatation ofihiaAmendod �Wu�va| AidAgnaemen1
Amended N|PAS Bylaws and provisions contained
undP|anohaUbeinao�skouou�in1heCmuntyof
therein uhaUcontm|the undemignedlaw enforcement
.
ayanoyaparhoipa1ioninN|FAS; and (ii) anypeCook, Illinois.
agreement or bylaws related to N|PAS to which the
IN WITNESS WHEREOF, this Amended Mutual Aid Agreement has been duly executed by the following parties:
Name of w Enforcement Agency
Ilk of 'a
Head ofCorporate Authorities
V it
ATTEST:
y /'[/
Clerk // Date
iJ
Page
\.
* ,�, u
4_ :•..
,._ _ s a: