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96-65 Resolution No. 96-65 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF KANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, Cit Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of he City of Elgin with the County of Kane for mutual aid, a coy of which is attached hereto and made a part hereof by reference. s/ Ke in Kelly Kevin Helly, Mayor Presented: March 13, 1996 Adopted: March 13, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • KANE COUNTY AREA POLICE EMERGNCY AID PLAN WHEREAS, the parties hereto have determined it to be in their best interests to enter into an agreement to provide for an organized structure by which to facilitate interagency emergency assistance (hereinafter referred to as "Plan" ) . NOW, THEREFORE, pursuant to the provIions of Article VII , Section 10 of the Constitution of the tate of Illinois, and the Intergovernmental Cooperation Act ILCS 220/1 et seq. ) , and in consideration of the mutual 1:romises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : I . DEFINITIONS The following terms shall have the following meanings ascribed to them for the purposes of this agreement: "AID" shall mean work resources, ncluding personnel and equipment. "CALLING AGENCY" shall mean the agency requesting assistance pursuant to this agreement. "EMERGENCY" shall encompass sudden occurrences demanding quick action by the responsible pOblic agency in order to prevent or reduce the threat to piblic safety. It shall also include those events or untsual occurrences where some advance warning is received, but the event will be likely to overwhelm the total resources available to the responsible agency. It shall also include the initial investigative stage of serious criirs . "PARTICIPATING AGENCY" is each agency which is a party hereto. "RESPONDING AGENCY" is an agency which responds to a request for aid pursuant to this Agreement. "SERIOUS CRIMES" shall mean violent crimes and any other crime, in the opinion of the calling agency head, of a magnitude constituting an immediate threat to the community. II . ADMINISTRATION A. The agency heads of the parties to this agreement as of 3 - /c" , 1996 shall appoint a Kane . . . . . , County Area Police Emergency Aid Committee (hereinafter referred to as "Committee" ) , which shall develop and establish 1 written policies and guidelines for use by the parties hereto. Policies and guidelines may be amended from time to time. B. Terms of committee members Ishall be six months . Members may serve consecut ve terms . At the expiration of each term, eaci participating agency hereto shall appoint a member f the committee . C. Once appointed, the committee shall select a chairperson, who may serve Consecutive terms, and whose term as chairperson shall be six months . III . KANE COUNTY AREA POLICE EMERGENCY AIID PLAN A. GENERAL EMERGENCY CALL-OUT GUIDELINES : 1 . Each head of the variousiparticipating agencies shall see that a cOpy of the plan is conspicuously posted or is filed where others in its agency can find it in his or her absence. 2 . Each agency head shall furnish the committee with a list of names anc1 titles of individuals in its agency who are atithorized to request aid pursuant to this agreement or respond to requests for aid. Such lists, when received, shall be compiled into a master list by the committee which shall then forward a copy of the master list to each participating agency. 3 . When the need to request aid arises, an agency head or an authorized listed designee may call, by whatever means deemed appropriate, to any other participating agency or agencies, and direct a request for aid to that agency' s department head, or authorized designee if the department head is unavailable. 4 . It shall be the responibility of the calling agency to inform the responding agency or agencies what is needed by way of manpower, equipment, or specialized technical services to meet the situation. The calling agency shall also be prepared at the time of the request to designate a marshalling point and identify the officer to report to on arrival atIthe marshalling point. I 5 . For clarification of the plan: 2 (a) A request for manpoTer shall be construed to mean duly authorized police officer(s) in uniform unless otherwise requested, armed with normal duty side arms . Personally-owned weapons such as carbines, rifles, shotguns, etc . shall not be brought to the scene. If there is need for additional shotguns, ammunition, or tear gas equipment, such request shall be directed by the calling agency to the responding agency. (b) If unmarked squad cars, prisoner transport vans, or other specialized equipment is needed, the requesting agency shall specifically state what is needed and determine its availability from the responding agency. 6 . A supervisor or command Officer may be provided by the responding agenCy to the marshalling point to act as a liaiSon between the calling agency and his own department. 7 . To the extent feasible, officers of the same agency shall be kept in an integral unit or units . 8 . Agencies not requested tb provide aid shall not send personnel to the scene. 9 . The calling agency shall release unneeded units as quickly as possible when the situation is under control with instructions to report back to their home agency. 10 . The calling agency Shall notify all the responding agencies when the situation is under control . 11. Nothing in this plan shall be construed as requiring that any agency, when requested to aid another, shall reduce the available personnel of their own agency to a level below that required to provide acceptable minimum police protection to their own city or county. Requests for emergency j aid shall be based on the needs of the calling agency at the reasonable discretion of the calling agency head or designee. 12 . Officers responding to' an emergency situation shall be under the command of the chief law 3 . • enforcement officer of the calling agency and/or his command officers and shall obey all lawful orders and instructions issued by that command officer. The calling agency shall be responsible for all assignments during the activation of this plari, provided, however, that nothing in this section shall require an officer to violate any , of his or her own agency' s rules, regulations or polices . Discipline of officers employed by a responding agency shall remain the responsibility of the employing agency. I 13 . The calling agency shalJ be responsible for determining and arranging the necessary logistical and communi'9 ations services that shall be utilized during he emergency. 14 . The calling agency shall start and maintain an operating history of ' the emergency event factors in whatever' immediate form is most practical to that agency. As soon as possible after the event has been resolved and responding forces retur ed to normal duties, the calling agency sha I provide a detailed written report to each tgency participating in the emergency and shall forward a copy to the committee. B. KANE COUNTY SPECIAL INVESTIGATIONS TASK FORCE GUIDELINES: I 1 . PURPOSE The participating agencies hereto shall constitute the Kaie County Special Investigations Task Fore, for the purpose of sharing resources during the initial investigative stage of serious crimes, particularly homicide, rape and others of a magnitude constituting an immediate threat to the community, and shall designate officers to participate in said task force when requested to do so by a calling agency. When activated, the Task Force shall convene for an initial period Of up to five (5) days . If the primary goal as determined by the calling agency is not achieved, the Task Force shall present a strategic investigations plan for the calling agency to continue on with. To the extent that the guidelines set forth in this section contradiCt or differ from the 4 1 general guidelines set orth in Section "A" above, the provisiohs of this section shall apply to a Special Investigative Task Force. 2 . OPERATIONAL OVERSIGHT OF TASK FORCE The calling agency shall have operational control over the Task Force while assigned for duty. This shall incluqe, but not be limited to, direction, evaluation and mission goal . No news releases shall be made by members of the Task Force unless specifically authorized to do so by the Chief of the calling agency. 3 . OPERATIONS SUBCOMMITTEE The Chief or agency head of each entity participating in this Agreement shall loin in appointing an Operations Subcommittee consisting of participating members of this Agreement. The Subcommittee shall be responsible for creating and maintaining a call-out list, and once appointed, the Subcommittee shall elect a chairperson. 4 . CALL-OUT PROCEDURE Any agency requesting Ilthe Task Force shall contact the Chairman of the Committee, or his or her designee, explain the nature of the problem and request that the Task Force be initiated and what persbnnel or resources are needed. The Chairman, Or his or her designee, shall then begin contacting participating agencies until the resources have been acquired or the list has been exiausted. The Chairman, or his or her designee shall then notify the calling agency that the Task Force has been formed and shall respond to the designated location as requested. 5 . REQUESTING AGENCY RESPONSIBILITIES The head of the calling agency shall provide a base of operations for 11 the Task Force to work from. A written report to the Committee shall be provided when the Task Force work has completed its assignment, noting its success or problems . Should more than five (5) days be needed, the head of the calling agency shall contact the Task Force members ' agencies and request additional time through the participating agency' s chief or agency head. 5 . . C. MISCELLANEOUS PROVISIONS The provisions of this Subsedtion C are applicable to all aspects of this Plan. 1 . EFFECTIVE DATE This Agreement shall I be effective upon execution by the Kane Coi. nty Board and the City of Elgin. Additional ag ncies may become party to this Agreement upon e ecution hereto by such agency. An agency shall not be considered to be a participating agency hereto until such time as that agency has forwarded a signed copy of this Agreement accompanied 1 by the resolution authorizing such participation to the Committee by certified mail . The ICommittee shall notify all other participatig agencies of new membership as soon as practicable. 2 . TERMINATION 1 , I Any participating agencymay withdraw from this Agreement at any tim at its option by resolution passed by its Board or Council . Copies of such resolution withdrawing from the Agreement shall be filed with the Committee within five (5) calendar days of passage. The Committee shall be responsible for notifying all other participating agencies of the withdrawal as soon as practicable. 3 . CLAIMS Each responding agency hall be responsible for the actions of its employees in the course of their participation in this Plan to the extent provided by law. I Each party hereto agre s to hold harmless and waive all claims agai st any other party to this Agreement for any , loss, damage, personal injury, death, or other liabiliaty arising out of the performance of this agreement; provided, however, that such claims are not waived when such liability or damage arises out of willful or wanton misconduct by Ha party hereto. 4 . COMPENSATION -- OTHER RN:SOURCE COSTS , 1 Personnel supplied to the Task Force shall be compensated by their respective agencies while 6 , . assigned Task Force duties . Costs of an investigation, other , than employee compensation, shall be provided by the calling agency, unless otherwise Provided in writing. 5 . SEVERANCE , , The invalidity of any provision of this Plan shall not render invalid any other provision. If, for any reason, any provision of this Plan is determined by a , court of competent jurisdiction to be invalid or unenforceable, that provision shall bel deemed severable and the remainder of this Plan shall remain in full force and effect. 6 . NOTICES Notices required to be iven pursuant to this Agreement shall be sent to the Committee in care of the Chairman ok the Committee. Any notice required hereundei shall be deemed to be given on the date of mailing if sent by registered or certified mail, return receipt requested. Dated: , . CITY OF 'ELGIN By ' . "'"1-..„ /.... Ir'7-•-•(. ....-C %\-S• 14:21-+ - 1 City Manager Attest: g191414AA-42 i/V-c_444...--„, , City Clerk COUNTY F KANE --E7 - By Attest: Village Clerk 7 .� • ,E1 ' 11 14 1C Agenda Item No. `.glfi}s,1P1 I February 21, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Approval of the Kane County Ai'ea Police Emergency Aid Plan PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an interagency agreement with other Kane1County law enforcement agencies for mutual aid. BACKGROUND The Kane County Area Emergency Aid Plan has been drafted in cooperation with the Kane County Sheriff and all of the Kane County police agencies through their representative(s) on the Kane County Area Emergency Aid Commitee. The plan has been developed to allow police agencies tolldraw upon each other's resources in the event of a major crime or other crisis re- quiring rapid deployment of additional police personnel . Cooperation of this type has been commonplace for many years and the proposed agreement formalizesiemergency practices by establishing mutual aid rules and guidelines. The agreement term is continuous unless withdrawn by participants with five days ' notice to other participating agencies. The Elgin Police Department is currently involved in a simi- lar interagency agreement with Cook, Lake and McHenry County Departments and the Northern Illinois Police Alarm System (NIPAS) . The Kane County agreement extends this type of co- operation to Kane County agencies. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Kane County Sheriff and the Chaikman of the Kane County Emergency Aid Committee, Chief Ignacio Pena of the East Dundee Police Department, have signed this agreement. Kane CountyArea Police Emergency Aid Plan 9 Y i February 21, 1996 (el'' Page 2 t FINANCIAL IMPACT The City would continue paying the salaries of officers tempo- rarily assigned to other agencies during special investiga- tion or crisis . The City would benefits from other depart- ments ' resources but would not be responsible for the salary expense associated with another juri$diction's personnel assigned to an Elgin emergency. LEGAL IMPACT The Law Department has reviewed the attached agreement. RECOMMENDATION It is recommended the City Council authorize the execution of the Kane County Area Police Emergency Aid Plan. Respectfully submitted, ' Charles A. Gruber eft Chief Of Police Richard B. Helwig City Manager JB/jb