[Ord. No. 83-05, 6-7-1983]
This Agreement to provide law enforcement mutual aid and assistance is made and entered into among the following law enforcement agencies located in the County of Monroe, State of Illinois, to wit: Sheriff’s Department of Monroe County, Illinois; Police Department of the City of Columbia, Illinois; Police Department of the City of Waterloo, Illinois; Police Department of the Village of Valmeyer, Illinois; and Police Department of the Village of Hecker, Illinois, WITNESSETH:
WHEREAS, each of the parties hereto maintains equipment and personnel for the enforcement of law within its own jurisdiction;
WHEREAS, the parties hereto desire to augment the law enforcement available in and around their respective areas of jurisdiction when necessary;
WHEREAS, the jurisdictional boundaries of the parties hereto are contiguous or are in reasonable proximity so that mutual assistance in law enforcement is deemed feasible; and,
WHEREAS, it is mutually agreed that said mutual assistance in law enforcement is deemed sound, desirable, practicable and beneficial for the respective parties to this Agreement to render assistance to one another in accordance with the terms of this Agreement.
NOW, THEREFORE, the parties hereto agree:
(1)
Mutual aid and assistance. When it is deemed advisable by the Senior Officer of the requesting law enforcement agency to request assistance under the terms of this Agreement and such assistance is requested, the Senior Officer of the requested law enforcement agency is hereby authorized to take the following action forthwith:
(2)
Term of the agreement. This Agreement shall become effective upon the date hereof and shall remain in force and effect until canceled by mutual agreement of the parties hereto or by ten (10) days advance written notice of cancellation by one party to the other parties hereto, whichever event of cancellation should first occur.
(3)
Compensation for services. All services rendered under this Agreement to a requesting party by a responding party shall be at the sole expense of the party responding; and, the responding party shall not be entitled to receive any compensation nor reimbursement for services rendered nor cost incurred in providing services to a requesting party under this Agreement.
(4)
Waiver of claims and indemnity. Each party to this Agreement waives, releases and relinquishes all claims or causes of action said party may have against the other parties hereto for all losses and damages, including attorney’s fees and Court costs, such part may have arising out of or in consequence of the performance or non-performance of this Agreement by another party or employees or officials of another party; and further, each party agrees to hold the other parties hereto safe, harmless, free and indemnified and to defend the other parties and the officials and employees of the parties from any and all claims and liability for loss, damage, injury or death arising out of acts, errors, or omissions of said party, its agents, officials and employees under and pursuant to this Agreement. Each party to this Agreement agrees to save and hold harmless the other parties to this Agreement from and against any and all claims for liability to officers or employees of said indemnifying party arising under the Illinois Workmen’s Compensation Act or the Illinois Occupational Disease Act and which arise out of or are caused by the performance of this Agreement. All parties hereto stipulate and agree that the officers and employees of a party rendering assistance to another or other parties under this Mutual Aid Agreement, in the performance of said duties under this Agreement, shall not be considered loaned officers or employees employed by the party receiving such assistance under the Illinois Workmen’s Compensation Act or the Illinois Occupational Disease Act; and, officers or employees dispatched to render assistance under this Agreement who receive injuries in the course and scope of performing their duties under this Agreement shall be regarded as employees of responding party rendering assistance hereunder, anything to the contrary herein notwithstanding.
(5)
Insurance required. Each party to this Agreement shall, during the entire term of this Agreement, procure and maintain the following insurance in the following minimum limits of coverage, to wit:
(a)
Comprehensive general liability insurance (including contractual liability which insures this Agreement), with limits of no less than Five Hundred Thousand Dollars ($500,000.00) per occurrence or accident and Five Hundred Thousand Dollars ($500,000.00) aggregate.
(b)
Personal injury liability insurance which insures all regular law enforcement personnel of the named insured (including false arrest, false imprisonment, malicious prosecution, libel, slander, and invasion of the right of privacy and private occupancy) with limits of no less than Five Hundred Thousand Dollars ($500,000.00) per person and Five Hundred Thousand Dollars ($500,000.00) aggregate.
(c)
Automobile liability insurance covering all owned or leased automobiles with limits of no less than Five Hundred Thousand Dollars ($500,000.00) per person and Five Hundred Thousand Dollars ($500,000.00) per accident or occurrence.
(d)
Workmen’s Compensation insurance in accordance with Illinois law.
Each party shall provide to the other party, from time to time, upon request, a Certificate of Insurance, in a form acceptable to the requesting party, evidencing the existence of such insurance coverage.
(6)
Assistance not mandatory. It is expressly understood, stipulated and agreed by the parties hereto that the rendering of aid or assistance under this Agreement is not and shall not be mandatory; however, a party receiving a request for assistance under this Agreement who has elected not to respond to the request for assistance shall, as soon as practicable, inform the requesting agency that assistance or aid will not be rendered. As heretofore provided, no party declining to respond to a request for assistance under this Agreement shall thereby incur any legal liability nor be responsible for any damages sustained by the requesting party in consequence of the failure of the party requesting to respond and render assistance hereunder.
(7)
Officer in charge. The Senior Officer of the requesting department or his assistant shall assume full charge of the operations for which the mutual aid request is made; except that, the Emergency Services Team Leader or Assistant Team Leader shall be in full charge of the Emergency Services Team Members. The Emergency Services Team Leader or Assistant Team Leader shall work in conjunction with the Senior Officer of the requesting agency.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 6th day of June, 1983.