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2002-50RESOLUTION NO. 2002- 50 RESOLUTION AUTHORIZING THE EXECUTION OF INTERGOVERNMENTAL POLICE MENTAL HEALTH ASSISTANCE AGREEMENT WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove desire to enter into an agreement for providing police mental health 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 Illinois Constitution of 1970, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), and Sections 1-4 -6 and 11 -1 -2.1 of the Illinois Municipal Code (65 ILCS 5/14-6 and 5/11- 1 -2.1). 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 Village Clerk be and the same are hereby authorized to execute and the Chief of Police is hereby authorized to sign the Intergovernmental Police Mental Health Assistance Agreement, a copy of which is attached . hereto as Exhibit "A ". AYES: 5 - Braiman, Glover, Berman, Johnson, Trilling NAPES: 0 - None ABSENT: 1 - Kahn PASSED: December 16, 2002 APPROVED: December 16, 2002 ATTEST: APPROV D CTyk• �atu Vifla'ge Clerk Elliott Hartstein, Village President Exhibit A INTERGOVERNMENTAL POLICE MENTAL HEALTH ASSISTANCE AGREEMENT The undersigned municipality, Village of Buffalo Grove County of Cook and Lake pursuant to Article VII, Section 10 of the Illinois Constitution of 1970, the Intergovernmental Cooperation Act (5 ILCS 220 /1 et seq.), and Sections 1 -4 -6 and I1 -1 -2.1 of the Illinois Municipal Code (65 ILCS 5/1 -4 -6 and 5/11- 1 -2.1), agrees as follows: SECTION 1: Purpose of Agreement This Agreement is made in recognition of the fact that the capabilities of mental health personnel in local law enforcement organizations are enhanced by having access to regionalized programs and the assistance of other departments. It is the purpose of this Agreement to enhance access to mental health assistance in police - managed critical incidence through the intergovernmental cooperation of the Participating Municipalities. SECTION 2: Definitions For purposes of this Agreement, the following terms shall be defined as set forth in this section as follows: A. Agreement This Intergovernmental Police Mental Health Assistance Agreement. B. Participating Municipality Any one or more municipalities that have duly adopted a resolution authorizing the execution of this Agreement. C. Police Mental Health Assistance Assistance provided by any Participating Municipality to any other Participating Municipality, which shall include, but not be limited to, the assignment of mental health personnel and their designees. D. Requesting Municipality A Participating Municipality that requests police mental health assistance pursuant to this Agreement. E. Aiding Municipality A Participating Municipality that provides police mental health assistance pursuant to this Agreement. SECTION 3: Rights of Participating Municipalities The rights of each Participating Municipality shall be as set forth in this Section and shall be exercised by and through the actions of the Chief of Police of each respective Participating Municipality or his /her designee. A. Any Participating Municipality may request police mental health assistance from any one or more Participating Municipalities when, in the judgment of the Chief of Police or his /her designee, of the Requesting Municipality such assistance is necessary. B. Any Participating Municipality may render aid to any one or more Participating Municipalities to the extent that the mental health professional of the Aiding Municipality is not required for the delivery of services within his/her own police jurisdiction. The Chief of Police of the Aiding Municipality, or his/her designee, will determine the number of personnel available to the Requesting Municipality. C. The Aiding Municipality's time commitment shall not exceed 5 days without the approval of the Chief of Police of that municipality, or his designee. D. The Chief of Police of the Requesting Municipality, or his/her designee, shall be entitled to direct the actions of any mental health personnel of any Aiding Municipality providing police mental health assistance pursuant to this Agreement. SECTION 4: Authority of Police Mental Health Personnel Any mental health personnel providing police mental health services to a Requesting Municipality under this agreement shall have the authority to perform the mental health duties.as assigned by the Requesting Municipality and are subject to the direction of the Chief of Police or his /her designee, of the Requesting Municipality. SECTION 5: Responsibilities of Participating Municipalities The responsibilities of each Participating Municipality shall be as set forth in this Section. A. Remonsibility for Employees Each Participating Municipality shall assume the responsibility for the actions of its mental health personnel pursuant to this Agreement, both as to indemnification of its personnel and to the payment of benefits to such personnel, to the same extent as such personnel are protected, insured, indemnified and otherwise provided for when acting within the Participating Municipalities' respective corporate limits. B. Compensation of ELnplp ees. Each Participating Municipality shall be responsible for the payment of all benefits to all of its mental health personnel acting pursuant to this Agreement, including, but not limited to, the payment of wages, salaries, disability payments, pension benefits, workers compensation claims, and claims for damage to or destruction of equipment and clothing, and claims for medical expenses. C. The Illinois Mental Health and Development Disabilities Code and the Illinois Mental Health Confidentiality Act will be followed. For limited purposes of sharing information and follow -up services, the Aiding Municipality's mental health personnel will be treated as agents of the Requesting Municipality for reasons of confidentiality and case coordination. SECTION 6: General Provisions A. This Agreement shall be in full force and effect and legally binding upon each Participating Municipality at such time as it is signed and certified by that Participating Municipality. B. This Agreement may be amended from time to time by resolution of the corporate authorities of each Participating Municipality. Any amendment not adopted and approved by all Participating Municipalities shall not be effective. The effective date of any amendment shall be the date as of which all Participating Municipalities have approved the amendment. C. This Agreement shall remain in full force and effect and shall bind the Participating Municipality executing this Agreement until such time as the corporate authorities of said Participating Municipality adopts a resolution terminating the agreement. Certified copies of such resolution shall be filed with the clerk of all other Participating Municipalities within thirty (30) days of its passage. SECTION 7: Adoption This mutual aide 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 signing of this agreement by the Village President, City Mayor or Trustees of a municipality. IN WITNESS WHEREOF, this Agreement has been duly executed by the following parties: Name of Municipality Agency ATTEST: Clerk Date