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HomeMy WebLinkAboutResolution #4055 - intergovernmental agreement with canton park district for police protection RESOLUTION NO 4055 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CANTON AND CANTON PARK DISTRICT AS TO THE POLICE PROTECTION AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON,ILLINOIS. WHEREAS, the Legal and Ordinance Committee of the City of Canton has determined that it is necessary and in the best interest to enter into an intergovernmental agreement with Canton Park District as set forth in E�chibit"A"attached hereto and incorporated herein; and WHEREAS,the City Council of the City of Canton has made a similar determination. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS: 1. That the agreement attached hereto and incorporated herein as Exhibit"A" is hereby approved by the Canton City Council. 2. That the Mayor and the City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 15�'day of April, 2014 upon a roll call vote as follows: AYES: Aldermen West,Putrich,Jim Nelson, Pickel,Justin Nelson, Ellis,Lovell, Pasley NAYS: None ABSENT: None APPROVED: Jeffrey . Frit / or ATTES : �,c i C. Diana ey-Ro , City lerk INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement is entered into as of the 15th day of April 2014, by and between the City of Canton ("City"), an Illinois Municipal Corporation, and the Canton Park District("District"), an Illinois Park District. WITNESSETH: WHEREAS, the parties to this agreement consist of a municipality operating a Police Department under provisions of the Illinois Municipal Code (65 ILCS 5/11-1-1 et. seq.) and an Illinois Park District operating under the Illinois Park District Code (70 ILCS 1205/1 et. seq.); and WHEREAS, each of the parties hereto maintain equipment and personnel for purpose of law enforcement within their own governmental jurisdiction; and WHEREAS, the parties hereto desire to augment law enforcement services when necessary; and WHEREAS, it is recognized that in certain situations the use of law enforcement personnel to perform police duties outside the jurisdictional boundaries of the municipality where such personnel are employed may be desirable and necessary in order to protect the health, safety and welfare of the public; and WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to enter into intergovernmental arrangements and agreements or to otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, Section 3 of the Intergovernmental Cooperation Act (5 ILCS 220/3) provides that "[a]ny power or powers, privileges, functions, or authority exercised or which may be exercised by a public agency of this State may be exercised, combined, transferred, and enjoyed jointly with any other public agency of this State;" and WHEREAS, the purpose of this agreement is to empower the duly appointed members of the police force of the District to exercise their police powers outside the limits of the property of the District in the circumstances described herein and to define respective areas of responsibility of the parties and to provide support services between the parties. 1 NOW, THEREFORE, in consideration of the preceding recitals of fact and for further considerations hereinafter stated, IT IS AGREED AS FOLLOWS: 1. Onerations. a. When District police officers are on-duty and in marked Park District vehicles, District police officers may exercise their powers as peace officers off the property of the Park District within the boundaries of the City and Lake Canton under the following circumstances: i. When prompt action is necessary to prevent or avoid injury or damage to the person or property of any citizen; or ii. When reasonably related to the activities of District Police Officers on District property, including enforcement of City parking ordinances on streets immediately surrounding District property or investigation of incidents occurring on District property; or iii. When reasonably related to the activities of District Police Officers, including enforcement of City ordinances during the patrol of Lake Canton property and the jurisdictional limits of Lake Canton as defined below; or iv. When requested by any City Police Officer; or b. Either City of District Police Officers will be dispatched, whichever may be closest, in urgent situations occurring on City streets or property or on District streets or property. "Urgent" is defined as incidents in which speedy police response may prevent injury or further injury, or prevent the escape of an offender, or to prevent the commission of an offense, or prevent a breach of the peace.District police officers may exercise their powers as peace officers outside of the boundaries of the City, but limited to the area later defined in Section 2 of said Agreement referred to as Lake Canton under the following circumstances: i. When reasonably related to activities such as patrolling Lake Canton and surrounding areas; or ii. When prompt action is necessary to prevent or avoid injury or damage to the person or property of any citizen; or iii. When requested by any City Police Officer or a Fulton County Deputy; or 2 iv. Either City, County, or District Police Officers will be dispatched, whichever may be closest, in urgent situations occurring on Lake Canton property or within the geographical boundaries setforth in Section 2 of said Agreement. "Urgent" is defined as incidents in which speedy police response may prevent injury or further injury, or prevent the escape of an offender, or to prevent the commission of an offense, or prevent a breach of the peace. c. District police officers may not exercise their powers as peace officers off the property of the Park District within the boundaries of the City or Lake Canton under the following circumstances: i. When off-duty and in"unmarked" or"civilian"vehicles; or ii. In relation to moving traffic violations except when going from one Park facility to another Park facility and moving traffic violations in progress; or iii. In relation to enforcement zones (i.e. roadblocks) on City streets unless specifically requested by or in conjunction with the City. d. District Police Officers while exercising their powers under this agreement on City property shall conform to all rules, regulations and procedures applicable to City Police Officers. e. District will train all of its police officers who may exercise powers under this agreement in conformance with the training standards of City Police Department, including but not limited to attendance at the Police Training Institute, mandatory firearms training and semi-annual firearms qualification. City will permit District Officers to train and qualify with City Officers under the same rules, regulations and policies. f. Both City and District will notify the other of action taken as follows: i. Of urgent situations in progress and immediate action required pending arrival of a police officer representing the municipality in which the situation occurred. Notification shall be by City of Canton police radio in accordance with City of Canton radio procedure. 3 ii. Of hazardous moving traffic violations in progress and enforcement action taken. Notification shall be by the City of Canton police radio in accordance with City of Canton radio procedure. iii. Of specialized support assistance rendered by one agency to the other. Notification shall be by written incident or supplementary report submitted in accordance with city of Canton report writing procedures. g. District Police Officers will complete all appropriate City of Canton Police Reporting or Fulton County Sheriff's Reporting forms in accordance with Fulton County Sheriff and the City of Canton police policies on incidents occurring either in City Streets, District streets or property, or Lake Canton property and submit them for processing through computerized records systems. h. District police will pursue follow-up investigations and prosecution with respect to enforcement actions taken by District officers outside District property, but within City corporate limits or Lake Canton, and will not participate in negotiations to dismiss or reduce any legal charges that may ensue without the knowledge and concurrence of the Chief of Canton Police and/or the Canton City Attorney and/or the Fulton County States Attorney i. City police will pursue follow-up investigations and prosecution with respect to enforcement actions taken by City officers on District property and will not participate in negotiations to dismiss or reduce any legal charges that may ensue without the knowledge and concurrence of the Chief of District Police and/or Park District Attorney. j. City police will not be trained in nor enforce District ordinances. District officers will be trained in the enforcement of City ordinances that relate to City parking ordinances as detailed in Section 1(a)(ii) above as well as ordinances that may apply during the patrol of the Lake Canton area. k. City and District Police officers will mutually aid and assist one another whenever the situation warrants and whenever such aid and assistance is available, upon the request of any City or District Police Officer engaged in the lawful performance of his duties. 4 l. District will immediately notify City Police Department of any and all major crimes occurring on District streets or property in order that the police resources of the City and District may be brought to bear on the expeditious solution of the situation. m. To the extent practicable, District will inform City in advance of major public events occurring on District property that may require extraordinary police resources. n. District will provide City with maps showing the locations of District facilities and properties and maps of major park properties with reference points marked thereon. o. In order to deliver police services in an efficient and cost-effective manner, District and City may mutually agree from time to time to assist one another with certain police support functions. The assistance shall be dependent upon the availability of support service and shall be at the discretion of the senior command officer present and responsible for that support service. p. District will assume responsibility for routine patrol of all District property and for follow-up investigation of offenses other than those detailed in Section P below. City police, unless otherwise notified, will assume District police are on duty and will not specifically patrol District property. q. City will provide specialized services when available, including but not limited to crime scene technicians, detectives and juvenile officers to investigate the commission or attempt of any homicide, rape, robbery, arson, kidnapping or burglary to a building on District property located within the City; and City will assume responsibility for follow-up investigation. Such crime scenes and investigations shall be conducted in accordance with the procedures of the City Police Department, and the help and assistance of District Police Officers. r. Each party shall indemnify and hold harmless the other from any claim andlor cause of action accruing from the act or commission or omission of that party's police officers under this agreement or claims by the police officer, his heirs or representatives under any pension of workmen's compensation laws. 5 s. District will furnish to City reports to City standards of crimes on District property 2. Jurisdiction Boundaries of Lake Canton: This inter�overnmental agreement is exclusive to the propertv herein described as Lake Canton and the normal roadwav patrol routes ot an dfrom Lake Canton, described as: Linn Street �oins east to North Twentieth Avenue; North on North Twentieth Avenue to East Sebree Roard; East on East Sebree Road eoin� East to North Boat Dock Road, North Boat Dock Road oing South to Chestnut and North to East Boat Dock Drive; East on East Boat Doctk Drive goins along the southern boundarv of Lake Canton to North Lakeshore Drive; South on North Lakeshore Drive soing alon� the southern boundarv of Lake Canton to Chestnut Street/East Countv Highwav 27; West on Chestnut Street/East Countv Hi�hwav 27 to North Twentieth Avenue; further identified on the Map. attached hereto and incorporated herein as Exhibit A. 3. Nonexclusive Agreement. a. This intergovernmental agreement is independent of and in addition to any other contracts or mutual aid agreements between the parties or to which the District and City are parties. 4. Effective Date/Term/Termination: This agreement shall be in effect on the date it is fully executed by the duly authorized officers of each entity and will remain in effect for a term of one year from the date of execution. Unless terminated in the manner provided for below, it shall automatically renew for successive one year terms. This agreement shall remain in effect until such time as either party to this agreement requests that the terms of the agreement be reviewed and/or a new agreement is executed. Any party hereto may terminate its participation in this agreement at any time, provided that the party that wishes to terminate the agreement provides written notice to the other party specifying the date of termination, such notice to be given at least thirty (30) calendar days prior to the specified date of termination. The written notice provided herein shall be given by personal delivery, registered mail or certified mail. 6 5. Notices. a. All notices hereunder shall be in writing and shall be served personally, by registered mail or certified mail to the parties at such addresses as designated below: To the City: City of Canton 2 North Main Street Canton, Illinois 61520 Attn: Chief of Police To the Park: Canton Park District. 250 South Avenue D Canton,Illinois 61520 Attn: Chief of Police 6. General Terms. a. This agreement shall be binding upon and inure to the benefit of any successor entity which may assume the obligations of any party hereto, provided, however, that this agreement may not be assigned by a party without prior written consent of the parties hereto. This agreement shall be governed by and constructed under the law of the State of Illinois. A declaration of the invalidity of any provision of this agreement shall not render invalid any other provision. If, for any reason, any provision of this agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severable and this agreement may be enforced with that provision severed or modified by court order. This agreement may be executed in multiple counterparts or duplicate originals, each of which shall constitute and be deemed as one and the same document. In Witness, the parties have executed this Agreement by authorized officials in Canton, Illinois this 15th day of April 20014, pursuant to the authority granted by the respective governing bodies of each party. CANTON PARK DISTRICT 7 By: � Title: /X�c ��ec�"�+t - SIGNATURES CONTINUED ON NEXT PAGE- Attest: BY� �A„��a�,1��.�.�_ Title: ��Vc� ��1�1a.h� CITY OF CANTON, an Illinois Municipal Corporation By: � / /�'� Title:__��� Attest: By: t. Title: �f��I�.. 8