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R-18-17VILLAGE OF DEERFIELD RESOLUTION R-18-17 A RESOLUTION APPROVING AN AMENDED 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 to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorizes units of local government to exercise any power or powers, privileges or authority which may be exercised by the unit of local government individually to be exercised and enjoyed jointly with any other local government or body in the State; and WHEREAS, the Northern Illinois Police Alarm System ("NIPAS") is an intergovernmental organization established via an intergovernmental service and mutual aid agreement ("NIPAS Agreement") entered into by law enforcement agencies serving the northern Illinois and Chicagoland region ("Participating Agencies"); and WHEREAS, through the NIPAS Agreement, 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 life and property and exceeds the stand-alone physical and organizational capabilities of that Participating Agency; and WHEREAS, on October 15, 2018, the Village Board of Trustees adopted Resolution No. R-18-17 approving the NIPAS Agreement whereby the Village's Police Department became a Participating Agency in NIPAS subject to the terms and conditions of the NIPAS Agreement; and WHEREAS, as NIPAS has now expanded to over 100 Participating Agencies, the needs of NIPAS have evolved and grown in complexity beyond the constraints of the NIPAS Agreement as it is currently constituted; and WHEREAS, in order to adequately continue to meet those needs and serve its growing number of Participating Agencies, NIPAS has requested that its Participating Agencies agree to amend the N IPAS 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 best interests of the Village and its residents to enter into the Amended NIPAS Agreement; NOW, THEREFORE, BE IT RESOLVED by the Village Board of Trustees of the Village of Deerfield, Lake / Cook Counties, Illinois, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution. SECTION 2: APPROVAL OF AMENDED NIPAS AGREEMENT. The Village Board of Trustees hereby approves the Amended NIPAS Agreement in substantially the form attached to this Resolution as Exhibit A. SECTION 3: AUTHORIZATION TO EXECUTE AMENDED NIPAS AGREEMENT. The Village Board of Trustees hereby authorizes and directs the Mayor and the Chief of the Police Department to execute and the Village Clerk to attest, on behalf of the Village, the Amended NIPAS Agreement approved in Section 2 of this Resolution. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 1,9� day of 2018. APPROVED this W" day of 040ber , 2018. VOTE: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None (seal) MAYOR Pro Tem Approved as to form: ATTEST: ZKZ� 15.- VILLAGE CLERK EXHIBIT A Amended NIPAS Agreement NNRiNEAN IIIN CIS I '`AR�s"S1E� Northern Illinois Police Alarm System Amended Mutual Aid Agreement and Plan The undersigned Participating Law Enforcement Agencies agree pursuant to the Constitution of the State of Illinois, 1970, Article AI, Section 10, the Inter- governmental Cooperation Act (5 ILCS 220/1 et seq.), 65 ILCS 5/1-4-6, 65 ILCS 5/11-1-2.1, and 745 ILCS 10/7-101 et seq., as follows: Section 1 Purpose of Amended Mutual Aid Agreement and Plan This Amended Mutual Aid Agreement and Plan is made in recognition of the fact that natural occur- rences, or man-made occurrences, may result in situations which are beyond the ability of individual law enforcement agencies to manage and respond to effectively in terms of manpower and equipment re- sources on hand at a given time. Each Participating Agency has and does express its intent to assist other Participating Agencies by assigning some of its man- power and equipment resources to a Stricken Agency as resources and situations allow. The specific intent of this Amended Mutual Aid Agreement and Plan is to permit each Participating Agency to more fully safe- guard the lives, persons, and property of all citizens within its respective Primary Law Enforcement Juris- diction. Section 2 Definitions For the purpose of this Amended Mutual Aid Agree- ment and Plan, the following terms are defined as follows: Aiding Agency: A Participating Agency furnishing po- lice equipment and manpower to a Stricken Agency. Amended Mutual Aid Agreement and Plan: An amended Mutual Aid Agreement Plan which shall go into effect and supersede the Original Mutual Aid Agreement and Plan pursuant to the procedures set forth in Section 5 of this Amended Mutual Aid Agree- ment and Plan. Amended WAS Bylaws: Amended NIPAS Bylaws, which shall go into effect and supersede the NIPAS Bylaws upon their adoption, pursuant to Article XV, Section 1 of the NIPAS Bylaws, by a majority of the Original Participating Agencies present at the special meeting of Original Participating Agencies called, pur- suant to Article XI, Section 4 of the NIPAS Bylaws, at least 60 days after the last of the following two events 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 manner provided by law, by the corporate authorities of at least three -fourths of the Participating Agencies; and (ii) the execution of this Amended Mutual Aid Agreement and Plan by the heads of the corporate authorities and the commanding officers of at least three -fourths of the Original Participating Agencies. Emergency Situation: A situation occurring within a Stricken Jurisdiction that requires the Stricken Agen- cy to perform Law Enforcement Services that would exceed the stand-alone physical and organizational capabilities of the Stricken Agency. Law Enforcement Services: The serving and protect- ing of the lives, persons, and property of all citizens within a Primary Law Enforcement Jurisdiction, includ- ing, without limitation, the investigation of all crimes occurring or alleged or suspected to have occurred within its Primary Law Enforcement Jurisdiction. Mutual Aid: Response and assistance by the Aiding Agencies in the event of an Emergency Situation. Mutual Aid Agreement and Plan: A definite and pre- arranged written agreement and plan whereby the provision of Mutual Aid is agreed upon in accordance with the Police Alarm Assignments as developed by the commanding officers of the Participating Agen- cies. NIPAS Bylaws: Those bylaws establishing the NIPAS Board, as required pursuant to Section 3.G of the Original Mutual Aid Agreement and Plan, and the rules by which the NIPAS Board shall operate adopted by the Participating Agencies on March 23, 1988, and subsequently amended by the Participating Agencies on March 21, 1991, April 17, 1992, May 11, 1994, May 20, 1998, and May 20, 2009. WAS Board: The Board of Officers of NIPAS, the governing board of NIPAS, established pursuant to Section 3.G of the Original Mutual Aid Agreement and Plan. Page 1 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 Liabilit : $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. bi itv: 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 separate party, either individually or in ad- fit, may establish Specialized Teams within NIP- 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 sole cost, for the defense of NIPAS in such those Participating Agencies who elect to partici- lawsuit, claim or 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 B. If the undersigned law enforcement agency is not an Original Participating Agency, this Amended Mutual Aid Agreement and Plan shall be in full force and in effect with respect to the undersigned law enforcement agency upon the date of the last of the following events to occur ("New Participat- ing Agency Effective Date'): undersigned law enforcement agency is a party shall be superseded by this Amended Mutual Aid Agree- ment and Plan and provisions contained herein and the Amended NIPAS Bylaws and provisions con- tained therein. 1. The Approval of participation in NIPAS and this Amended Mutual Aid Agreement and Plan, in accordance with the procedures set A forth in Section 5.A.1 of this Amended Mutual Aid Agreement, by the corporate authorities of the undersigned law enforcement agency; The Execution of this Amended Mutual Aid Agreement and Plan, in accordance with the procedures set forth in Section 5.A.2 of this Amended Mutual Aid Agreement, by the head of the corporate authorities and the commanding officer of the undersigned law enforcement agency; and 3. The approval by the NIPAS Board of the un- dersigned law enforcement agency as a Par- ticipating Agency in NIPAS pursuant to Article III of the Amended NIPAS Bylaws. If this Amended Mutual Aid Agreement and Plan is brought into full force and effect pursuant to this Sec- tion 5.13 of this Amended Mutual Aid Agreement and Plan, then, as of the New Participating Agency Ef- fective Date: (i) this Amended Mutual Aid Agreement and Plan and provisions contained herein and the Amended NIPAS Bylaws and provisions contained therein shall control the undersigned law enforcement agency's participation in NIPAS; and (ii) any previous agreement or bylaws related to NIPAS to which the Section 6 General Provisions Non -Waiver of Immunities. No Participating Agency to this Amended Mutual Aid Agreement and Plan while performing under the terms of this Amended Mutual Aid Agreement and Plan shall be deemed to waive any governmental immuni- ty or defense to which the Participating Agency would otherwise be entitled under statute or com- mon law. B. Contractual Obligation. The obligations and re- sponsibilities incurred by a Participating Agency under this Amended Mutual Aid Agreement and Plan shall remain continuing obligations and re- sponsibilities of such party. Nothing contained herein shall be deemed to affect other Mutual Aid agreements that a party may have executed. C. Application of Law and Venue. This Amended Mu- tual Aid Agreement and Plan shall be governed by and construed under the laws of the State of Illinois. The exclusive venue for the enforcement of the provisions of this Amended Mutual Aid Agreement and Plan or the construction or inter- pretation of this Amended Mutual Aid Agreement and Plan shall be in a state court in the County of Cook, Illinois. IN WITNESS WHEREOF, this Amended Mutual Aid Agreement has been duly executed by the following parties: ATTEST: Name of Law Enforcement Agency (se,il�, Head ol Corporate Authorities • J � a Comm g Office o Law Enf ement Agency Date Page 5