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HomeMy WebLinkAbout044-R-186/13/2018 44-R-18 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'l 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 43-R-18 exceeds the stand-alone physical and organizational capabilities of that Participating Agency; and WHEREAS, on August 11, 1986, the City of Evanston adopted Ordinance 89-0-86 approving the NIPAS Agreement whereby the City of Evanston 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 NIPAS Agreement by entering into an amended NIPAS Agreement ("Amended NIPAS Agreement'); and WHEREAS, the City Council has determined that it is in the best interests of the City of Evanston and its residents to enter into the Amended NIPAS Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Evanston, Cook County, Illinois, as follows: SECTION 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this Resolution. —2— 43-R-18 SECTION 2: Approval of Amended NIPAS Agreement. The City of Evanston City Council 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 City of Evanston City Council hereby authorizes and directs -the Mayor and the Police Chief of City of Evanston to execute and the City Clerk to attest, on behalf of the City of Evanston, 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. Attes . Devon Reid, City Clerk Adopted: June, , 2018 Stephen . 4Hag,y IV"U' AGC°. �' _M40a'4-.1 Michelle L. Masoncup, Cor0oration Counsel -3- 43-R-18 EXHIBIT A AMENDED NIPAS AGREEMENT -4- Northern Illinois Police Alarm System NoNiNFRN IIN Olg The undersigned Participating Law Enforcement Agencies agree pursuant to the Constitution of the State of Illinois, 1970, Article VII, Section 10, the Inter- governmental Cooperation Act (5 ILCS 220/1 et seq.), 65 ILCS 5/1-4-6, 65 ILCS 5/1 d-1-2.1, and 745 ILCS 1017-101 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, lut I 1_" rdU 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 (H) 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 upcn in accordance with the Police Alarm Assignments as developed by the commanding officers of the Participating Agen- cies. WAS 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 Northern Illinois Police Alarm System (NIPAS): An organization of Northern Illinois law enforcement agencies participating in the Original Mutual Aid Agreement and Plan and this Amended Mutual Aid Agreement and Plan. Original Mutual Aid Agreement and Plan: That Mu- tual Aid Agreement and Plan pursuant to which NI - PAS and the Participating Agencies operate and are governed, which shall be in effect until the Amended Mutual Aid Agreement and Plan goes into effect and supersedes the Original Mutual Aid Agreement and Plan pursuant to the procedures set forth in Section 5 of this Amended Mutual Aid Agreement and Plan. Original Participating Agencies: Those Participating Agencies whose corporate authorities had approved participation in NIPAS and whose head of corporate authorities and commanding officers had executed the Original Mutual Aid Agreement and Plan prior to May 1, 2018. Participating Agency: A law enforcement agency ded- icated to performing Law Enforcement Services for its Primary Law Enforcement Jurisdiction that commits itself to participate in NIPAS pursuant to the terms of this Amended Mutual Aid Agreement and Plan. Police Alarm Assignments: A pre -determined listing of manpower and equipment that will respond to aid a Stricken Agency. Primary Law Enforcement Jurisdiction: A geographi- cally, politically, or contractually defined area for which a Participating Agency is primarily responsible for per- forming Law Enforcement Services. Specialized Teams: A subsidiary team of NIPAS es- tablished by the NIPAS Board, consisting of Partici- pating Agencies electing to participate pursuant to a separate agreement, and dedicated to performing a specialized set of Law Enforcement Services for the sole benefit of the Participating Agencies electing to participate in the Specialized Team and not for the benefit of all of NIPAS or all of the Participating Agen- cies. Stricken Agency. The Participating Agency that is pri- marily responsible for performing Law Enforcement Services for a Stricken Jurisdiction. Stricken Jurisdiction: The Primary Law Enforcement Jurisdiction in which an Emergency Situation occurs that is of such magnitude that it cannot be adequately managed or responded to by the Participating Agen- cy primarily responsible for performing the Law En- forcement Services for that Primary Law Enforcement Jurisdiction. Section 3 Amended Mutual Aid Agreement and Plan The corporate authorities of each Participating Agen- cy are authorized on behalf of that Participating Agen- cy to enter into and subsequently alter and amend, on the advice of the commanding officer of the Partici- pating Agency, this Amended Mutual Aid Agreement and Plan as follows: A. Whenever an Emergency Situation is of such magnitude and consequence that it is deemed advisable by the senior officer present of the Stricken Agency, or his or her designee, to re- quest Mutual Aid from the Aiding Agencies, the senior officer present of the Stricken Agency, or his or her designee, may do so in accordance with the following: 1. Immediately determine what resources are required according to the Police Alarm As- signments. 2. Immediately determine if the required equip- ment and personnel can be committed in response to the request from the Stricken Agency. 3. Dispatch Immediately the personnel and equipment required to the Stricken Agency in accordance with the Police Alarm Assign- ments. B. The rendering of Mutual Aid under the terms of this Amended Mutual Aid Agreement and Plan shall not be mandatory in accordance with the Police Alarm Assignments if local conditions pro- hibit response. In that event it is the responsi- bility of the Aiding Agency to immediately notify the Stricken Agency of the circumstances that prevent the provision of Mutual Aid in response to the Emergency Situation. C. The senior officer present of the Stricken Agency, or his or her designee, shall assume full respon- sibility and command for operations at the scene. The senior officer present of the Stricken Agency, or his or her designee, will assign personnel and equipment, of the Aiding Agencies, to positions when and where he or she deems necessary. D. Requests for Mutual Aid under this Amended Mu- tual Aid Agreement and Plan will be initiated only in the event of an Emergency Situation in which the demands for Law Enforcement Services on the Stricken Agency exceed the stand-alone physical and organizational capabilities of the Stricken Agency. Aiding Agencies will be released and returned to duty in their own Primary Law En- forcement Jurisdiction as soon as the Emergency Situation is resolved to the point which permits the Stricken Agency to satisfactorily handle it with its own resources or, as pursuant to subsection B above, when an Aiding Agency so decides. E. Ail Law Enforcement Services performed under this Amended Mutual Aid Agreement and Plan Page 2 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 Liability: $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 ErpDlovers' Lia- Agency. D.ft: 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 a K. The NIPAS Board, from time to time as it sees separate party, either individually or ins NIP - fit, may establish Specialized Teams within 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 the sole cost, for the defense of NIPAS in such those Participating Agencies who elect to partici- lawsuit, claim 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'l, 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. JInsurance 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: (1) 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 the terms set forth in this Amended Mutual Aid eral aggregate shall be twice the required oc- currence limit. Minimum General Aggregate Agreement and Plan, and do not grant or guaran- tee to the undersigned law enforcement agency Page 3 participation in a Specialized Team or access to the specialized benefits and additional Mutual Aid offered by each Specialized Team. Section 4 Termination A. Any Participating Agency may withdraw from participation in NIPAS and this Amended Mutual Aid Agreement and Plan by notifying the NIPAS Board in writing ("Termination Notice ), on or before December 31 of any calendar year, where- upon the participation of the withdrawing Partic- ipating Agency will terminate effective as of May 1 of the calendar year following the calendar year in which the Termination Notice is received by the NIPAS Board. B. Any participating agency that fails to meet its ob- ligations in accordance with this Amended Mu- tual Aid Agreement and Plan or with the NIPAS Bylaws may have its participation in NIPAS ter- minated by a two-thirds vote of the NIPAS Board pursuant to Article III, Section 8 of the Amended WAS Bylaws. C. Any Participating Agency found responsible for any behavior detrimental to law enforcement or whose continued participation would be det- rimental to NIPAS, may have its participation in NIPAS suspended or terminated by a two-thirds vote of the NIPAS Board pursuant to Article III, Section 9 of the Amended NIPAS Bylaws. Before any Participating Agency may be suspended or terminated from participation in NIPAS, the Par- ticipating Agency will be notified and shall have an opportunity to appear before the NIPAS Board. Section 5 Adoption and Effect of Adoption A. If the undersigned law enforcement agency is an Original Participating Agency, this Amended Mu- tual Aid Agreement and Plan shall be in full force and in effect only upon the date of the last of the following events to occur ("Original Participat- ing Agency Effective Date"): 1. The passage and approval of an ordinance or resolution approving participation in NIP - AS and this Amended Mutual Aid Agreement and Plan, in the manner provided by law, by the corporate authorities of the undersigned Original Participating Agency (`Approval'J; 2. The execution of this Amended Mutual Aid Agreement and Plan by the head of the cor- porate authorities and the commanding offi cer of the undersigned Original Participating Agency ("Execution'l; 3. The Approval of participation in NIPAS and this Amended Mutual Aid Agreement and Plan, in accordance with the procedures set forth in Section 5.A.1 of this Amended Mutual Aid Agreement, by the corporate authorities of at least three -fourths of the Original Partic- ipating Agencies; 4. 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 heads of the corporate authorities and the commanding officers of at least three -fourths of the Original Participating Agencies; and 5. The adoption of the Amended NIPAS Bylaws, pursuant to Article XV, Section 1 of the NIPAS Bylaws, by a majority of the Original Partici- pating Agencies present at the special meet- ing of the Original Participating Agencies called, pursuant to Article XI, Section 4 of the NIPAS Bylaws, at least 60 days after the last to occur of the two events listed in Section 5.A.3 and Section 5.A.4 of this Amended Mu- tual Aid Agreement and Plan. If this Amended Mutual Aid Agreement and Plan is brought into full force and effect pursuant to this Sec- tion 5.A of this Amended Mutual Aid Agreement and Plan, then, as of the Original Participating Agency Ef- fective Date: (i) the undersigned Original Participating Agency shall remain a Participating Agency in NIPAS and, if the undersigned Original Participating Agen- cy has elected to participate in a Specialized Team or Specialized Teams, the participation of the under- signed Original Participating Agency in its respective Specialized Team or Specialized Teams shall contin- ue; (ii) the Original Mutual Aid Agreement and Plan shall be terminated; (iii) this Amended Mutual Aid Agreement and Plan and the provisions contained herein shall supersede and control over the Original Mutual Aid Agreement and Plan and any provision contained therein; (iv) the NIPAS Bylaws shall no lon- ger govern NIPAS; and (v) the Amended NIPAS By- laws and the provisions contained therein shall gov- ern NIPAS and supersede and control over the NIPAS Bylaws and any provision contained therein. The participation in NIPAS, and in any Specialized Team, of any Original Participating Agency that fails to complete the Approval and Execution of this Amend- ed Mutual Aid Agreement and Plan in accordance with this Section 5.A on or before the day before the Original Participating Agency Effective Date will be terminated as of the day after the Original Participat- ing Agency Effective Date. Any Original Participating Agency who has its participation in NIPAS terminated may seek participation in NIPAS again at any time in accordance with the procedures set forth in Section 5.6 of this Amended Mutual Aid Agreement and Plan. Page 4 B. if the undersigned law enforcement agency is not undersigned law enforcement agency is a party shall an Original Participating Agency, this Amended be superseded by this Amended Mutual Aid Agree - Mutual Aid Agreement and Plan shall be in full ment and Plan and provisions contained herein and force and in effect with respect to the undersigned the Amended NIPAS Bylaws and provisions con - law enforcement agency upon the date of the last tained therein. of the following events to occur ("New Participat- ing Agency Effective Date'j: 1. The Approval of participation in NIPAS and Section 6 General Provisions this Amended Mutual Aid Agreement and Plan, In accordance with the procedures set A. Non -Waiver of Immunities. No Participating forth in Section 5.A.1 of this Amended Mutual Agency to this Amended Mutual Aid Agreement Aid Agreement, by the corporate authorities and Plan while performing under the terms of this of the undersigned law enforcement agency; Amended Mutual Aid Agreement and Plan shall 2. The Execution of this Amended Mutual Aid be deemed to waive any governmental immuni- ty or defense to which the Participating Agency Agreement and Plan, in accordance with the procedures set forth in Section 5.A.2 of would otherwise be entitled under statute or com- this Amended Mutual Aid Agreement, by the mon law. head of the corporate authorities and the B. Contractual Obligation. The obligations and re - commanding officer of the undersigned law sponsibilities incurred by a Participating Agency enforcement agency; and under this Amended Mutual Aid Agreement and 3. The approval by the NIPAS Board of the un- Plan shall remain continuing obligations and re- sponsibilities of such party. Nothing contained dersigned law enforcement agency as a Par- herein shall be deemed to affect other Mutual Aid ticipating Agency in NIPAS pursuant to Article agreements that a party may have executed. III of the Amended NIPAS Bylaws. If this Amended Mutual Aid Agreement and Plan is C. Application of Law and Venue. This Amended Mu - tual Aid Agreement and Plan shall be governed brought into full force and effect pursuant to this Sec- by and construed under the laws of the State of tion 5.6 of this Amended Mutual Aid Agreement and Plan, then, as of the New Participating Agency Ef- Illinois. The exclusive venue for the enforcement fective Date: (i) this Amended Mutual Aid Agreement of the provisions of this Amended Mutual Aid Agreement and Plan or the construction or inter - and Plan and provisions contained herein and the pretation of this Amended Mutual Aid Agreement Amended NIPAS Bylaws and provisions contained and Plan shall be in a state court in the County of therein shall control the undersigned law enforcement Cook, Illinois. agency's participation in NIPAS; and (ii) any previous agreement or bylaws related to NIPAS to which the IN WITNESS WHEREOF, this Amended Mutual Aid Agreement has been duly executed by the following parties: ATTEST: (seal) Clerk Name of Law Enforcement Agency Head of Corporate Authorities Commanding Officer of Law Enforcement Agency Date Page 5