1982-10-18 - Resolution 1982-44 - AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTA POLICE SERVICE AGREEMENT RESOLUTION NO. 82-44
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL POLICE SERVICE AGREEMENT
WHEREAS, The President and Board of Trustees of the Village of
Buffalo Grove, deem it desirable and appropriate for the Village of Buffalo
Grove to enter into an agreement for providing mutual police assistance in
the form of the Agreement attached hereto as Exhibit "A", and
WHEREAS, the Village of Buffalo Grove is authorized to enter into
said agreement pursuant to Article VII, Section 10 of the Constitution of
Illinois, 1970, Ch. 127, Sections 741 through 748, Illinois Revised Statutes,
and Ch. 24, Sections 1-4-6 and 11-1-2.1, Illinois Revised Statutes, 1979.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that the
Village President and Chief of Police be and the same are hereby authorized to
execute the Intergovernmental Police Service Agreement, a copy of which is
attached hereto as Exhibit A, which execution shall become effective when
approved by at least two (2) municipalities located in whole or in part within
Lake County, Illinois.
AYES: 6 — Marienthal , Stone, O' Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 0 - None
PASSED: October 18 ,1982.
APPROVED: October 18 ,1982.
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Village President f
ATTEST:.
-- G��u_t I�_ l__. , ,° lci+�
Villagelierk
• EXHIBIT "A"
•
INTERGOVERNMENTAL POLICE
SERVICE AGREEMENT
The undersigned municipalities, pursuant to
Article VII , Section 10, Constitution of Illinois, 1970,
and Ill. Rev. Stat. , 1979 , Ch. 127 , Section 741 - ?8, and,
Ill. Rev. Stat. , 1979 , Ch. 24 , Sections 1-4-6 and 11-1-2. 1
agree as follows , by and through their respective corporate
authorities :
•
Section 1 . - Purpose of Agreement
a. The parties hereto each recognize that, in
certain situations , the use of police personnel andjequipment
df for execution of police duties outside of the boundaries of
the municipalities in which such personnel are legally employed,
is desirable and necessary in order adequately to preserve and
protect the public health, safety and welfare of the residents
of the parties.
b. The parties hereto further recognize that by
entering into this agreement their several law enforcement
facilities may be augmented as necessary depending upon
conditions which may require use of increased police facilities .
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•
Section 2. - Definitions
"AID" represents both the tentative commitment and
the actual commitment of work resources including personnel
and equipment.
"EMERGENCY" will encompass those sudden occurrences
demanding quick action by the responsible public agency in
order to prevent or reduce the threat to public safety. It
will also include those events of unusual occurrence where •
some advance warning is received but the event will overwhelm
the total resources available to the responsible agency.
"REQUESTING AGENCY" will be the particular organiza-
tion that experiences the original emergency problem and who
•
confirms that it is beyond the immediate resources of the
organization to handle completely.
"RESPONDING AGENCY" is a participating municipality
furnishing police equipment and manpower to a striken or
requesting agency.
"PARTICIPATING AGENCY" is each agency who has agreed
in writing to participating in the mutual assistance plan and
pact with the endorsement of the elected officials for the local
government unit being represented. Each participating agency is
entitled to reciprocal services under the term set forth in the
plan and pact.
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Section 3. - Power and Authority
a. Each of the parties hereto hereby authorize and
direct their respective Chiefs of Police, or their designated
subordinates, to render and request mutual police aid to and
from other parties hereto to the extent of available personnel
and equipment not required for adequate protection of the
municipality rendering aid. In responding to a request for
aid, the Chief of Police to whom such request is made, or his
designated subordinate shall exercise final judgment as to
the numbers of personnel and the equipment to be provided to
the municipality making the request.
b. Personnel who shall be directed by their superior
authority to maintain the peace, or to perform police duties
outside the territorial limits of the municipality which
regularly employs such. personnel,
shall be under the direction
and authority of the Chief of Police or his designee of the
member municipality requesting aid. Such personnel furnishing
aid shall be under the direction and authority of officers of
the local municipality in whose command they are placed and,
if they are police officers in their own municipality, they
shall have all of the powers of police officers of the requesting
municipality.
c. It is expressly understood and agreed by the
parties hereto that providing, or rendering assistance under
the terms of this agreement shall not be mandatory, and, that
the party receiving a request for assistance should, as soon
as practicable, inform the requesting department that assistance
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will not be rendered.
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d. No municipality shall be liable to another
municipality for a failure to render aid or for the with-
drawal of aid once furnished pursuant to this Agreement.
Section 4 . - Parties to Ageement
The municipality initiating a request for aid shall •
be designated the "requesting" municipality, and, the munici-
pality to which the request for assistance is addressed shall
be designated the "responding" municipality.
Section 5 . - Compensation
a. Cooperative police service and assistance shall
be rendered without charge to a participating municipality
during the normal conduct of police business.
b. Whenever a municipality anticipates unusual or
we
burdensome costs in assisting another municipality under this
Agreement, it shall inform the municipality requesting assist-
ance of those anticipated unusual or burdensome costs , so that
an agreement for reimbursement can be reached. No assisting
municipality shall be obligated hereunder to incur unusual and
burdensome costs without agreement for reimbursements.
Section 6 . - Indemnification
That by the adoption of this Resolution, the (City,
County or Village of) expressly assumes the responsibility for
members of its police force acting pursuant to said Emergency
Call-Up Plan, both as to indemnification of said police officers
as provided for by Chapter 24 , Illinois Revised Statutes,
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Section 1-4-6, and as to personal benefits to said police
officers, all to the same, extent that they are protected,
insured, indemnified and otherwise provided for by the Stat-
utes of the State of Illinois and the State of Illinois and
the (Ordinances or Statutes) of the (City, County or Village)
when acting solely within the corporate limits of the (City,
County or Village) : Said participation in the Emergency Call-
Up Plan being hereby designated and defined to be included in
the duties of the (Name of Department) Department.
Section 7. - Liability
•
All employee benefits, wage and disability payments,
pension and workmen' s compensation claims , damage to or destruc-
tion of equipment and clothing and medical expense of the
municipality rendering aid shall be paid by the municipality
regularly employing such person performing services pursuant d• .
to this Agreement.
Section 8. - Rules and Regulations
Each participating municipality may establish rules
and regulations concerning the method, type and level of response
to a request for aid.
Section 9. - Effective Date of Agreement
a. This Agreement shall be in full effect and legally
binding at such time as an ordinance authorizing its execution
has been passed and approved by at least two (2) municipalities
located in whole or in part within Lake County, Illinois . This
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Agreement may be executed in duplicate counterparts containing
the authorized signatures. of duly authorized agents of one or
more municipalities.
b. Copies of such an ordinance entering into this
Agreement shall be filed with the County Board of Lake County,
Illinois within thirty (30) days of passage and approval, and,
shall also be filed with the Lake County Chiefs of Police
Association.
Section 10 . - Termination of Agreement
a. Any participating municipality may withdraw from
this Agreement at any time, at its option, adopting an ordinance,
and upon giving thirty (30) days notice to all parties to this
Agreement.
b. Copies of such an ordinance withdrawing from the
Agreement shall be filed with the Lake County Chiefs of Police d"
Association within thirty (30) days of passage and approval.
•
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IN WITNESS WHEREOF, this Agreement has been duly
executed by the following parties:
VILLAGE OF BUFFALO GROVE
(Name of Municipality)
BY:
(President/May )
•BY: �p 0,
de (2^-'1"."------
(Chief of Police)
ATTEST:
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