03-41 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