2003-10RESOLUTION NO. 2003 - 10
RESOLUTION AUTHORIZING THE EXECUTION OF
ILLINOIS LAW ENFORCEMENT ALARM SYSTEM MUTUAL AID AGREEMENT
WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove
desire 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 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 5/1 -4 -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 Illinois
Law Enforcement Alarm System Mutual Aid Agreement, a copy of which is attached hereto
as Exhibit "A ".
AYES:
6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling
NAYES: 0 - None ABSENT: 0 - None
PASSED: February 18, 2003 APPROVED: February 18, 2003
ATTEST: APPROVED:
Villa lerk Elliott Hartstein, Village President
• EXHIBIT A 0
ILLINOIS LAW ENFORCEMENT ALARM SYSTEM
Mutual Aid Agreement
The undersigned law enforcement agencies agree pursuant to the Constitution of the State of Illinois
(Ill. Const. Art. VII, see. 10), the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.),
the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/7 -101 et
seq.) and the Illinois Municipal Code (65 ILCS 5/11- 1 -2.1), as follows:
Section 1
Purpose of Agreement
This Agreement is made in recognition of the fact that natural or man-made occurrences may result
in emergencies that exceed the resources, equipment and/or law enforcement personnel of a law
enforcement agency. Each law enforcement agency who signs a copy of this Agreement has and
does express its intent to aid and assist the other-participating law enforcement agencies during an
emergency by assigning some of their resources, equipment and/or law enforcement personnel to the
affected law enforcement agency as circumstances permit and in accordance with the terms of this
Agreement. The specific intent of this Agreement is to safeguard the lives, people and property of
citizens during an emergency by enabling other law enforcement agencies to provide additional
resources, equipment and/or law enforcement personnel as needed.
Section 2
Definitions
For the purpose of this Agreement, the following terms are defined as follows:
Aiding law enforcement agency: A participating law enforcement agency that provides resources,
equipment and/or law enforcement personnel to a stricken law enforcement agency during an
emergency.
Disaster: An occurrence or threat of widespread or severe damage, injury or loss of life or property
resulting from any natural or technological cause, including but not limited to fire, flood,
earthquake, wind, storm, hazardous materials spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods
of se°vsge and inclement weather, drought, infestation, critical'shorta es of essential fuels and
energy, explosion, riot, hostile military or paramilitary action, or acts of domestic terrorism.
Emergency: A natural or man-made situation that threatens or causes loss of life and property and
exceeds the physical and organizational capabilities of a unit of local, state or federal government.
P
Law enforcement personnel: An employee of a participating law enforcement agency who is a peace
officer (as defined by state law and the Illinois Law Enforcement Training and Standards Board or
0 i
federal law) and by virtue of his office or public employment, is vested by the state or federal law
with the primary duty of maintaining public order and making arrests for violations of state or federal
law.
Mutual aid A definite and prearranged written agreement and plan whereby regular response and
assistance is provided in the event of a natural or man -made emergency.
Participating law en
forcement agencies: A law enforcement agency that commits itself to this
mutual aid agreement by having an authorized representative sign this Agreement.
State: The term state refers exclusively to the State of Illinois.
Stricken law enforcement agency: A participating law enforcement agency who has primary
jurisdiction over the site of the emergency but due to insufficient resources, equipment and/or law
enforcement personnel is unable to provide an adequate response to an emergency without the
assistance of others.
Section 3
Agreement to Effectuate the Mutual Aid Plan
Each undersigned party agrees that in the event of an emergency, they will respond to requests for
assistance by a stricken law enforcement agency with such law enforcement personnel, equipment,
facilities, or services as is, in the opinion of the aiding law enforcement agency, available. Provided,
however, that each party reserves the right to refuse to render assistance or to recall any or all
rendered assistance, whenever it believes that such refusal or recall is necessary to ensure adequate
protection of its own jurisdiction or personnel.
It is expected that requests for mutual aid under this Agreement will be initiated only when the needs
of the stricken agency exceed its resources. Aiding agencies will be released and returned to their
own jurisdictions as soon as the situation is restored to the point where the stricken agency is able to
satisfactorily handle the situation with its own resources or when an aiding agency decides to recall
its assistance.
Whenever an emergency is of such magnitude and consequence that it is deemed advisable by the
senior officer present, of the stricken law enforcement agency, to request assistance from an aiding
law enforcement agency, he is hereby authorized to do so, under the terms of this mutual aid
agreement. The senior officer present of the aiding law enforcement agency is authorized to and
shall forthwith take the following actions:
- Immediately determine what type of assistance is being requested.
- Immediately determine if the requested resources, equipment and/or law enforcement
personnel can be committed to the stricken law enforcement agency.
- Immediately dispatch the resources, equipment and/or law enforcement personnel that
are available to the stricken law enforcement agency.
2
!I-
At the emergency site, the most senior officer of the stricken law enforcement agency who is present
shall assume full responsibility and command for law enforcement operations at the scene. Law
enforcement personnel from the aiding agencies shall report to and shall work under the direction
and supervision of the stricken agency. Provided, however, that at all times, the personnel of the
aiding agencies shall remain employees of their own agency and shall adhere to the. policies and
procedures of their own employer. While working under the direction of the aiding agency, law
enforcement personnel shall only be required to respond to lawful orders.
All services performed under this Agreement shall be rendered without reimbursement, regardless of
the possibility of reimbursement from the requesting agency or other sources. Each participating law
enforcement agency shall assume sole responsibility for indemnifying their own employees, as
provided by state or federal law and/or local ordinance, and for providing personnel benefits,
including benefits that arise due to injury or death, to their own employees as required by state or
federal law. Each participating agency shall also be responsible, regardless of fault, for repairing or
replacing any damage to their own vehicles or equipment that occurs while providing assistance
under this Agreement.
The participating agencies agree that this Agreement .shall not give rise to any liability or
responsibility for the failure to respond to any request for assistance made pursuant to this
Agreement. This Agreement shall not be construed as or deemed to be an Agreement for the benefit
of any third party or parties, and no third party or parties shall have any right of action whatsoever
hereunder for any cause whatsoever.
The participating agencies further agree that each agency will be responsible for defending their own
respective entity in any action or dispute that arises in connection with or as the result of this
Agreement and that each agency will be responsible for bearing their own costs, damages, losses,
expenses, and attorney fees.
The chief law enforcement officers of the participating agencies will maintain a governing board and
establish an operational plan for giving and receiving aid under this Agreement. Said plan will be
reviewed, updated and tested at regular intervals.
Section 4
Adoption
This mutual aid agreement shall be in full force and an in effect when approved and executed by a
representative of a participating law enforcement. agency who has the legal authority to sign and enter
into this Agreement on behalf of his law enforcement agency.
Section 5
Termination
Any participating law enforcement agency may withdraw from this Agreement upon giving ninety
(90) days written notice addressed to each of the other participating agencies.
Section 6
Signatory Page
This signatory certifies that this mutual aid agreement, for the Illinois Law Enforcement Alarm
System (ILEAS), has been adopted and approved by ordinance, resolution, memorandum of
understanding or other manner approved by law, a copy of which document is attached hereto.
Village of Buffalo Grove
Political Entity or Agency
President, Mayor, Chairman or other Chief
Executive Officer (if applicable)
March 3, 2003
Date
Attest:
Y (I�dpvt-�
Tit e
March 3, 2003
Date
October 23, 2002
4
Chief Law Enforcement Officer
Chief of Police
Title
March 3, 2003
Date
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