Loading...
HomeMy WebLinkAbout03-41 Resolution No. 03-41 RESOLUTION AUTHORIZING EXECUTION OF A MUTUAL AID PLAN AGREEMENT WITH THE ILLINOIS LAW ENFORCEMENT ALARM SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Mutual Aid Plan agreement on behalf of the City of Elgin with the Illinois Law Enforcement Alarm System for a police department mutual aid system, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schack, Mayor Presented: February 26, 2003 Adopted: February 26, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • Illinois Law Enforcement Alarm System Mutual Aid Plan tor- Purpose Law Enforcement Alarm Area: A geographic area in The Illinois Law Enforcement Alarm System (ILEAS) which a Law Enforcement Alarm location exists. is a statewide law enforcement mutual aid system. The purpose of ILEAS is: Law Enforcement Alarm Assignment: A predetermined listing of manpower and equipment that will respond to ▪ To provide immediate extra law enforcement aid a stricken agency. It includes a series of law manpower and equipment at the scene of law enforcement response levels (Plans) designed to meet • enforcement emergencies. the needs of varying degrees of emergencies. To provide for an automatic and systematic response . of law enforcement manpower teams. Law Enforcement Alarm Card: A printed form To provide for contractual responsibilities and containing details of manpower and equipment to liabilities. respond to a specific law enforcement plan request. • To provide broad area coverage. • To foster a cooperative spirit for law enforcement Law Enforcement Officer: An employee of a emergency planning. participating law enforcement agency who is a peace - To provide access to specialized manpower and officer (as defined by state law and the Illinois Law equipment which no one department could afford to Enforcement Training and Standards Board or federal maintain. law)and by virtue of his office or public employment, ILEAS does not relieve a community of its is vested by the state or federal law with the primary responsibility to provide adequate manpower and duty of maintaining public order and making arrests equipment for day-to-day law enforcement operations. for violations of state or federal law. Each agency has its first line of defense and its reserves. A community may only report to ILEAS Squad Car: A law enforcement vehicle that is when a law enforcement emergency has caused the equipped with mounted or portable warning lights and agency to exceed its own routine capabilities. has communications equipment. Definitions Aiding Agency: An agency furnishing law enforcement Staging Area: A predetermined location outside the manpower and equipment to a stricken agency. immediate emergency area where law enforcement personnel and equipment will assemble. Alarm Log. A form used by the ILEAS dispatcher at the Dispatch Center to record the response to a mutual Staging Area Supervisor: An officer from the stricken aid request. agency assigned to coordinate activities and log in responding personnel at the staging area. Disaster: An emergency situation that threatens or causes loss of life and property, and exceeds the Stricken Agency: The agency in which an emergency physical and organizational capabilities of a unit of occurs that is of such magnitude that it cannot be local government. Generally, the word "Emergency" adequately handled by the local law enforcement within this document refers to situations connected to a agency. law enforcement response to severe storms, floods, hazardous material incidents, transportation accidents, The (LEAS Alarm Card large fires, or situations which are beyond the ability The ILEAS emergency plan consists of a series of of the individual agency to deal with effectively in manpower response levels designed to meet the needs terms of manpower and equipment resources on hand of varying degrees of emergencies. At the same time, at a given time. the plan ensures that aiding agencies maintain adequate manpower levels in their own communities. Mutual Aid:A prearranged written agreement and plan Member agencies divide their areas into Law whereby regular response and assistance is provided in Enforcement Alarm Areas. Each area is assigned a the event of alarms (emergencies) from a stricken unique Law Enforcement Alarm number and a Law agency by the aiding agencies in accordance with the Enforcement Alarm Card is developed. Predetermined law enforcement alarm assignments as developed by responses of manpower and equipment from adjacent the agency heads of the participating law enforcement agencies are then listed on this card. agencies. An ILEAS Level 1 Alarm summons five (5) law enforcement officers (one officer from five different ILEAS Dispatcher: The Dispatch Center is responsible agencies)to respond to a staging area.If an emergency for the coordination and assignment of law continues to escalate, and more manpower is needed, enforcement mutual aid personnel under this plan. The the stricken agency can request additional alarms, a Dispatch Center will handle most requests for mutual Level 2, 3, 4, up to 10. Each alarm brings more aid. The Alternate Dispatch Center will handle the manpower and equipment to the staging area. activities should the primary dispatcher become involved in an emergency. By-Laws of the Illinois Law Enforcement Alarm System Regions "Article I—Authority The Illinois Law Enforcement Alarm System (ILEAS)was established by Intergovernmental Mutual Aid Agreements in 2002. System membership is in full force and in effect with the passage and approval of a companion ordinance by a participating agency, in the manner provided by law, 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. Article II—Purpose ILEAS is organized to provide a system of Mutual Aid among participating law enforcement agencies. The purpose is explicit in the "intergovernmental agreement"reading as follows: This agreement is made in recognition of the fact that natural or man-made occurrences may result in situations which are beyond the ability of the individual community to deal with effectively in terms of manpower and equipment resources on hand at a given time. Each community has and does express its intent to assist its neighboring communities by assisting some of its manpower and equipment resources to an affected community as resources and situations allow. The specific intent of this agreement is to permit the police departments of each community to more fully safeguard the lives,persons, and property of all residents. Article III-Membership Section 1 Before any agency may become a member of ILEAS, its membership must be approved by the Governing Board. Membership shall be limited to law enforcement agencies, as defined by Illinois Statutes. Section 2 Governing Board officers, will by a majority vote, approve or disapprove the membership of any requesting agency after the submission of approval of application form and the recommendations of an active ILEAS member. Section 3 Member agencies each have one vote. Section 4 When considering membership, the Governing Board shall consider all factors including: A) Agencies' capabilities of providing or being resources to ILEAS communities. B) Geographic proximity to other ILEAS communities. Section 5 Applicants shall become members upon the approval of the Governing Board, the execution of the Intergovernmental Mutual Aid Agreement by the corporate authority of the applicant agency, and the payment of fees or dues, if any. Section 6 Members who fail to meet their obligations in accordance with the Intergovernmental Mutual Aid Agreement or with these Bylaws may be excluded from membership by a two-thirds vote of the Governing Board. Section 7 By a two-third vote of the Governing Board, any agency found responsible of any behavior detrimental to law enforcement or whose continued membership would prove detrimental to ILEAS, shall be suspended or expelled from membership. Before any member may be suspended or expelled, the member will be notified of the hearing and shall have a right to appear before the Governing Board. 1 idlAipiee IV-Board of Officers tion 1 The Governing Board of ILEAS shall consist of the Co-Chairmen (one Chief and one Sheriff from the region), Secretary, Treasurer, the immediate past Co-Chairmen, and Sergeant of Arms. The Co- Chairmen shall serve for a two-year period. The remaining members of the Board shall be appointed, by the Co-Chairmen, to a one-year term of officer at the Annual General Meeting. All officers must be the Chief Executive Officer of official designee of a participating ILEAS agency. Section 2 The Governing Board shall have the authority to take all appropriate actions and to perform all duties required to accomplish the goals of ILEAS. Section 3 The Governing Board shall convene at a time and place specified by the Co-Chairmen. The Co- Chairmen shall preside at the meeting of the Board of Officers and conduct business for ILEAS. Minutes of these meetings shall be provided to all members. Section 4 Decisions by the Governing Board shall be determined by a simple majority of the members present. Section 5 Objections to rules or actions by the Governing Board may be made by any member. Objections by members will be brought to a core by the general membership and decided by a majority vote. Section 6 The Governing Board shall promulgate an operational plan for giving and receiving aid under the provisions of the Intergovernmental Mutual Aid Agreement. ection 7 In the event that the Co-Chairmen are unable to agree on rules or action, they will be brought to the Governing Board to be decided on by majority vote. Article V—Officers of ILEAS Section 1 The officers of ILEAS shall consist of the Co-Chairmen, Secretary, Treasurer and Sergeant of Arms. They shall have been a member, in good standing, for at least one year prior to their election. Section 2 The Co-Chairmen shall hold office for a term of two years or until their successors have been duly elected,providing they continue to qualify for active membership during their term of office. All officers may be reelected or appointed for additional terms of office. The Secretary, Treasurer and Sergeant of Arms are appointed by the Co-Chairmen with approval by the Governing Board. Vacancies to the position of Co-Chairmen within the two-year term will be appointed by the remaining Co- Chairmen subject to approval by the Governing Board. Section 3 A Nominating Committee consisting of three Active Members shall be appointed by the Co-Chairmen of the Governing Board. It shall be the duty of the Nominating Committee to present one nominee to serve if elected prior to placing the name in the Nomination. The current officers shall not serve as Nominating Committee Members. Any active member of ILEAS may make additional nominations from the floor. Section 4 Election shall be by ballot. If there is but one nominee for each office, election may be by voice vote. A majority shall elect on the first ballot. In the event no candidate receives a majority vote, a second ballot shall be taken between the two candidates receiving the highest number of votes. Elected officers shall be installed at the first annual meeting-and shall assume their duties of office at that time. 2 ticle VI—Duties of the Officers r :.tion 1 The Co-Chairmen shall preside at all general meetings of ILEAS. Section 2 The Secretary shall keep an accurate record of the proceedings of all meetings for ILEAS. He or she shall carry on all official correspondence of the Association under the direction of the Governing Board, provide to each member the official minutes of all meetings, and maintain charters and legal documents and all official records and correspondence. Section 3 The Treasurer shall receive all monies of ILEAS and shall be custodian of all funds; these funds to be deposited in a financial institution approved by the Governing Board. The treasurer shall give a full report at the General Membership Meeting. The treasurer shall also sign checks and perform such duties as usually pertain to the office. Section 4 The Sergeant of Arms shall keep order in all the proceedings of all meetings for ILEAS. He or she shall provide guidance to the Governing Board on the proper protocols for meetings as dictated in Roberts Rules of Order. Article VII—ILEAS Staff Section 1 The Governing Board officers are authorized to appoint and discharge staff to help carry out administrative duties of ILEAS. Section 2 r"'"" The duties and responsibilities of appointed staff personnel are defined in the ILEAS "Definitions and Operating Procedures." Article VIII—Compensation Section 1 All officers and members of the Governing Board shall serve without compensation. October 23,2002 3 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, sec. 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, persons 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. 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. 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 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. 1 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 enforcement 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 At the emergency site, the most senior officer of the stricken law enforcement agency who is present shall assume full responsibility and command for 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. 3 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. CITY OF ELGIN Political Entity or Agency Chief Law Enforcement Officer 4111111 virjb L President, or, c .mran or other Chief Title Execu e 0 : •plicable) eV-0 0 3 Date Date Attest: 164144^•(_ /14-0C4(4."- Title I•-T-y c E Kir /t2'.- & 76 .2_0 o3 Date October 23,2002 4 OF E4c, City of Elgin Agenda Item No. rt E February 7, 2003 G TO: Mayor and Members of the City Council 1 FROM: Olufemi Folarin, Interim City Manager :SinkFF SUBJECT: Intergovernmental Agreement, Illinois Law Enforcement Alarm System (I .L.E.A. S. ) PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a standardized Intergovernmental Agreement to aid and assist our Police Department and other Police Departments during an emergency. em. BACKGROUND The City of Elgin Police Department, through an inter- governmental agreement, is a member of the Northern Illinois Police Alarm System (N. I . P.A.S . ) . The agreement provides the Police Department additional, mutual resources during specific law enforcement emergencies or the need for additional personnel . Developments since September 11, 2001, have caused all Illinois Police Departments to re-evaluate their ability to acquire the additional resources needed to build capacity in preparation for, and response to, catastrophic incidents, be they natural or manmade. As a result, under the direction of the Illinois Office of Homeland Security, the creation of a statewide Illinois Law Enforcement Alarm System (I .L.E.A. S . ) had been developed. This statewide agreement is consistent with our current N. I .P.A.S. agreement on mutual aid. Participation in I .L.E.A.S. is a key element in obtaining resources, funding for personal protective equipment and training for the City' s Police Staff in topics addressing catastrophic incident response and mitigation. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Illinois Emergency Management Agency (IEMA) Region 3 , Illinois Association of Chiefs of Police, and Kane County Emergency Management Agency. tem. I .L.E.A.S. Agreement February 7, 2003 Page 2 94 FINANCIAL IMPACT In the event of an emergency outside the City, the City would be responsible for all expenses associated with those employees deployed as well as personnel related costs for their temporary replacement, should it be necessary. In the event of an emergency within the City, each participating agency would bear their own costs . This is consistent with the existing mutual aid agreement . INWVIEGAL IMPACT The agreement has been reviewed by the Legal Department . ALTERNATIVES 1 . Approve the participation of the Police Department in the Intergovernmental Agreement to draw from statewide em. resources, Federal and State funding sources and training associated with the Illinois Office of Homeland Security to respond to and mitigate a catastrophic natural or manmade incident . 2 . Decline involvement in the agreement and fund the protective equipment and training necessary to respond to and mitigate a catastrophic natural or manmade incident through the City of Elgin. RECOMMENDATION It is recommended that the City Council approve participation in the Intergovernmental Agreement for membership in Illinois Law Enforcement Alarm System. Respectfully submitted, Olufemi Fs arin Int- im ' s - - -ager BD:bd feb. Attachments Apr 04 2000 10: 43191`1 ILEAS 217-320-.3845 p. 1 010 SP 0 Qv( -to zL6116 a+ (' 27) ILLINOIS LAW ENFORCEMENT ALARM SYSTEM Mutual Aid Agreement The undersigned law enforcement agencies agree pursuant to the Constitution of the State of Illinois (El. Const. Art. VII, sec. 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 enfercement 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 bySS ignisr.g some of their resources,equipment and/or law enforcement personnel to the aff=ted 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, perscns 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, earthqueke, wind, storm, hazardous materials spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination,blight, extended periods of severe and inclement weather, drought infestation, critical shortages 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 physic& and organizational capabilities of a unit of local, state,or federal government. 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 1 Apr 04 2006 10: 43AM ILEAS 217-326-3045 P• 2 Board or 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 arid making arrests for violations of state or federal law. ,Ifuruai 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 enforcement agencies: A law enforcement agency that commits itself to this mutual aid agreement by having an authorized representative sign this Agreement. State: The tern.' stare refers exclusively to the State of Illinois. Srricken law e.nforcernent agency: A participating law enforcement agency who has primary jurisdiction over the site of the emergency but due to insufficient resources, equipment andlor 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 front 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 :s being requested. - Immediately determine if the requested resources, equipment and/or law enforcement personnel can be committed tc 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 Apr 04 2008 10: 43AM ILEAS 217-328-3645 p. 3 At the emergency site, the most senior officer of the stricken law enforcement agency who is present shall asseme full responsibility and command for 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 perscnnel 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 reimbersement 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 faLure to respond to any reques: for assistarce 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 pries shall have ary 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 hearing 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 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. 3 Apr 04 200E 10: 44RM ILEAS 217-328-3045 p. 4 1.2 712/2004 12:21 FAX SOW/27X° RPD-AroMIN Section 6 Signatory Page w. • „_. This signatory certifies that this mutual aid agreement, for the 111inclis Lew Enforcement System.(FLEAS),has been adopted and approved by ordinance,resolution. memorandum of . understanding or other manner approved by law, a copy of witch doctirne:-.,. is altactled heretz CITY OF ELGIN LILL_ Political Entity nr.Agency Chief Ls?: E.7723 r e ra tm 1 Officer teN1111016 CHIRP OF POLICE President, Ma, an Dr other Chief Title Exectttre 0 :plicable) • , 0.1 3 lio fa, Date Date Attest: CITY CLERK Title • 4/.2.io 3 Date l..1..tucti 23.200.2