R-20-18VILLAGE OF DEERFIELD
RESOLUTION NO. 2020- R-20-18
A RESOLUTION APPROVING
AN AMENDED INTERGOVERNMENTAL AGREEMENT
AMONG THE MEMBER AGENCIES OF THE
MAJOR CRASH ASSISTANCE TEAM OF LAKE COUNTY
WHEREAS, the Village of Deerfield ("Village's is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution- and the Illinois
Intergovernmental Cooperation Act, 5 ILLS 220/1, et seq., authorize and encourage
intergovernmental cooperation; and
WHEREAS, the Village is one of the member agencies ("Member Agencies") of the
Major Crash Assistance Team of Lake County ("MCAT'), which allows member agencies to
provide mutual aid, assistance, and access to needed resources during the investigation of
major traffic crashes; and
WHEREAS, the specific mutual responsibilities of the MCAT Member Agencies are
set forth in an existing intergovernmental agreement among the Member Agencies ("MCAT
Agreement"); and
WHEREAS, the MCAT Agreement provides, in part, that the Member Agencies may
approved amendments to the MCAT Agreement by written resolution of the corporate
authorities of each Member Agency; and
WHEREAS, the Member Agencies desire to amend the MCAT Agreement as set forth
in the attached Exhibit A ("Amended MCAT Agreement"); and
WHEREAS, the Village's Police Department has reviewed the Amended MCAT
Agreement and recommends that the Village Board approve the Amended MCAT Agreement
pursuant to this Resolution; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village and its residents to approve the Amended MCAT Agreement pursuant
to this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION. 1: RECITALS. The Village Board hereby adopts the foregoing recitals as
its findings, as if fully set forth herein.
SECTION 2: APPROVAL OF AGREEMENT. The Village Board hereby approves
the Amended MCAT Agreement by, between, and among the Village and the other MCAT
{001 15529.11 1
Member Agencies in substantially the form attached to this Resolution as Exhibit A and in
a final form approved by the Village Manager.
SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The Village
Board hereby authorizes and directs the Village President and the Village Clerk to execute
and seal, on behalf of the Village, the final Amended MCAT Agreement.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: June 15, 2020
APPROVED: June 16, 2020
RESOLUTION NO: R-20-18
v,
Harriet Rosenthal, Mayor
ATTEST:
Dent . Street, Vill ge Clerk
{00115529.1) 2
EXHIBIT A
Amended MCAT Agreement
{00115529.1}
Major Crash Assistance Team - MCAT, Lake County, Illinois
INTERGOVERNMENTAL AGREEMENT AMONG THE MEMBER
AGENCIES OF THE MAJOR CRASH ASSISTANCE TEAM
THIS AGREEMENT made and entered into by and among the member agencies
or units of local government (hereinafter called Members) of the Major Crash
Assistance Team (hereinafter called MCAT), all Illinois municipal corporations
located wholly or in part in the County of Lake, as follows:
WITNESSETH:
WHEREAS, the Members recognize that the efficient investigation of serious
traffic crashes is enhanced by having the assistance of other agencies and resources;
and
WHEREAS, the Members desire to utilize such assistance and resources during
the investigation of major traffic crashes by working together and providing mutual
aid, assistance, and access to other needed resources to one another; and
WHEREAS, the Members are entering into this Intergovernmental Emergency
Resource Sharing Agreement (the "Agreement") pursuant to Article VII, Section 10
of the Illinois Constitution of 1970; the Illinois Intergovernmental Cooperation Act
(5 ILCS 220/1 et seq.); Article 5, Sections 1-4-6 and 11-2-3.1 of the Illinois Municipal
Code (65 ILCS 5/1-4-6 and 5/11-2-2.1); and other applicable authority;
NOW, THEREFORE, the Members agree as follows:
SECTION 1 - PURPOSE OF AGREEMENT, RECITALS
This agreement is made in recognition of the fact the efficient investigation of serious
traffic crashes is enhanced when agencies have access to the resources and the
support of other agencies. Further, it is recognized that a primary goal in the
investigation of serious traffic crashes is to establish an accurate record of the factors
and conditions leading up to the traffic crash. And further, that the timely re-
establishment of the normal movement of traffic is important for the continued
safety of the public. It is the purpose of this Agreement to provide the means
whereby assistance and resources are provided through the intergovernmental
cooperation of the Members to achieve these goals. The foregoing recitals are hereby
incorporated into this Agreement as findings of the Members.
SECTION 2 - DEFINITIONS
For the purposes of this Agreement, the following terms shall be defined as set forth
in this Section.
i. Aiding Department: A Member agency that provides assistance and access
to emergency resources to a Requesting Department pursuant to this agreement.
Major Crash Assistance Team -MCAT, Lake County, Illinois
2. Assistance: Any assistance provided by an Aiding Department to a
Requesting Department, which assistance may include, among other things, the
assignment of personnel, the use of equipment and/or supplies, and the use of
pre -arranged support resources such as command centers for the purpose of
responding to, and assisting in the investigation of a Serious Traffic Crash,
3. Drone: Any aerial vehicle that does not carry a human operator (725 ILCS 167/1).
4. Drug Recognition Expert (DRE): A police officer trained to recognize
impairment in drivers under the influence of drugs other than, or in addition to,
alcohol.
5. Requesting Department: The law enforcement arm of a Member that
requests Emergency Assistance pursuant to this Agreement.
b. Serious Traffic Crash: Any collision involving at least one motor vehicle
that meets one or more of the following criteria:
• Death or great bodily harm to one or more individuals; or
• Involvement of an emergency vehicle where one or more individuals
sustains serious injuries; or
• A request by a supervisor of the Requesting Department pursuant to
other extenuating factors.
SECTION 3 — REQUESTS FOR ASSISTANCE
Any Participating Department may request Emergency Assistance for a Serious Traffic
Crash from any one or more of the other Participating Departments when such
assistance is necessary in the judgment of a patrol supervisor or designee of the
Requesting Department.
SECTION4 — SCOPE OF RESPONSE
An Aiding Department may render Emergency Assistance to any one or more
Participating Department to the extent available personnel and resources are not
immediately required for the adequate protection of the Aiding Department. The
judgment of the patrol supervisor or designee of the Aiding Department, as to the
amount of Emergency Assistance available to the Requesting Department shall be final.
SECTIONS - CHARTER
All operations of the Major Crash Assistance Team shall be governed by Charter,
Bylaws and Policies promulgated by representatives of its Members.
SECTION 6 - DIRECTION OF PERSONNEL AND EQUIPMENT
The patrol supervisor or designee of the Requesting Department shall be
responsible for supervising and directing the actions of all personnel and for
determining the use of all equipment and resources of the Requesting Department
and all Aiding Departments.
SECTION 7 -AUTHORITY OF SWORN POLICE PERSONNEL
Each sworn police officer providing Emergency Assistance under this Agreement
shall have all the powers of police officers of the Requesting Department, including
the powers of arrest.
Major Crash Assistance Team -MCAT, Lake County, Illinois
SECTION 8 - RESPONSE NOT MANDATORY
No Participating Department shall be required to provide Emergency Assistance
under this Agreement if provision of Emergency Assistance would result in an
unreasonable risk to that participating Department.
SECTION 9 -WITHDRAWAL OF ASSISTANCE
The patrol supervisor or designee of an Aiding Department may withdraw any or all
Emergency Assistance rendered to the Requesting Department if, in the sole
determination of the patrol supervisor or designee of that Aiding Department, such
assistance is otherwise needed for the Aiding Department. No Aiding Department
shall be liable for any consequence, action, claim, or damage resulting from the
withdrawal of Emergency Assistance once furnished pursuant tothis Agreement.
SECTION 10 - OTHER M U T U A L A I D
Nothing in this Agreement shall prevent a Participating Department from
cooperating with any other unit of government, regardless of whether that unit of
government is a Participating Department pursuant to this Agreement. Further,
nothing in this Agreement is intended to prevent any Participating Department from
acting jointly or in cooperation with each other or any other local, state, or federal
unit of government or agency thereof to the fullest extent permitted by law.
I . Drug Recognition Expert (DRE) - Any Aiding Department that maintains a certified
Drug Recognition Expert on staff may agree to provide this officer to assist a
Requesting Department. The assistance provided shall be consistent with Section
11.
2. Drone Assistance - MCAT may provide drone assistance to a Requesting
Department. This assistance may include traffic crash investigation, crime scene
investigation, search and rescue, or any use contained in 725 ILCS 167/1. The
assistance provided shall be consistent with Section 11.
SECTION 11- REIMBURSEMENT AMONG PARTICIPATING
MEMBERS
1. No Charge - Except as hereinafter provided, the assistance provided by any
Aiding Department shall be rendered without charge to the Requesting
Department or other Participating Department.
2. Exception for Unusual Costs - An Aiding Department may request payment
from a Requesting Department where the Aiding Department has incurred
unusual or burdensome costs in providing assistance to the Requesting
Department. The determination of whether to pay such costs shall be at the
direction, and the sole discretion, of the corporate authorities of the Member.
SECTION 12 - INDEIMINIFICATION
Each Member shall assume full and complete responsibility for the actions of its
employees acting pursuant to this Agreement, including without limitation,
indemnification of such personnel pursuant to Section 1-4-6 of the Illinois Municipal
Code (65 ILCS 5/1-4-6) and other applicable authority, and shall protect, insure,
indemnify, and otherwise provide for such personnel to the same extent as such
personnel are protected, insured, indemnified, and otherwise provided for when
acting within that Member's corporate limits.
Major Crash Assistance Team -MCAT, Lake County, Illinois
Each member shall maintain at their own cost, insurance against claims for injuries to
persons or damages to property which may arise from or in connection with its
performance under this agreement, as follows: Commercial General Liability coverage
in an amount no less than $1,000,000 combined single limit per occurrence for bodily
injury and property damage and $1,000,000 per occurrence for personal injury with a
general aggregate of no less than twice the required occurrence limit; Business
Automobile Liability in an amount no less than $1,000,000 combined single limit per
accident for bodily injury and property damage; and Workers' Compensation coverage
with statutory limits and Employers' Liability with limits for $500,000 per accident.
SECTION 13 - COMPENSATION OF EMPLOYEES
Each Member shall be responsible for the payment of all salary and benefits to all is
employees acting pursuant to this Agreement, including without limitation, the
payment of wages, salaries, overtime pay, disability payments, pension benefits,
worker's compensation claims, claims for damages to or destruction of equipment
and clothing, and claims for medical expenses. Each member shall agree to waive
all rights of subrogation against every other member for losses arising out of the
performance under this Agreement.
SECTION 14 — EFFECTIVENESS; TERM
This agreement shall be in full force and effect and legally binding on the Members
as of the date written below. This Agreement shall be for a period of twelve (12)
months, renewing automatically on May 1 of each subsequent year.
SECTION 15 — AMENDMENTS
This Agreement may be amended from time to time in writing approved by
resolution of the corporate authorities of each Member. Any amendment not
adopted and approved by all Members shall not be effective. The effective date of any
amendment shall be the first day after which all Members have approved the
amendment.
SECTION 16 — TERMINATION
This Agreement shall remain in full force and effect and shall bind each Member
until such time as the corporate authorities of a Member adopt a resolution
terminating this Agreement as to that Member. Certified copies of such resolution
shall be filed with the clerk of all other Members within thirty (30) days after its
passage. In the event of termination as to one Member, this Agreement shall remain
binding as to the remaining Participating Member.
Major Crash Assistance Team. -MCAT, Lake County, Illinois
IN WITNESS THEREOF, this Agreement has been duly executed this day
of ,
Chief Executive Officer
Member Agency Name
President
Major Crash Assistance Team of Lake County