2021 17 RESOLUTION - Laserfiche WebLink

Home Browse Search

services can be provided the opinion of Village's Chief of Police or designee or the Park District's Chief of Police or designee, or the highest ranking on duty police supervisor of the party from whom the assistance is requested. b. Non-emereenev Services In a non -emergency situation, The Village may provide police services to the Park District and the Park District may provide police services to the Village as is requested by the other, provided, however, that such services can be provided to the requesting party. Request for non -emergency police services shall be approved by the Chief of Police or designee, on behalf of the Village and the Chief of Police or designee, on behalf of the Park District, or the highest ranking on duty police supervisor of the party from whom the assistance is requested. c. In any situation in which assistance is provided pursuant to this Agreement, the requesting party's officer in charge shall have operational control over any equipment and personnel provided by the responding party. Personnel of the responding party may refuse any orders that are illegal, improper or which would violate any rules maintained by the responding party. SECTION 3. REPORTING. Extraterritorial enforcement action taken by a member of either party shall be reported to the requesting agency. The officer in charge of the requesting agency shall make the final determination as to which agency will take enforcement action against the person suspected of committing a violation of state law or other law. SECTION 4. COSTS. The parties agree that there shall be no reimbursement for the rendering of police services and there shall be no reimbursement for loss or damage to equipment or other property while engaged in the performance of the services to be provided under this Agreement. No charge shall be made for services rendered pursuant to the terms of this Agreement, it being understood that the mutual promises contained herein serve as adequate consideration. SECTION 5. LIABILITY. In no case shall any parry requesting or rendering assistance under this Agreement be liable in damages to any party hereto or to contractual obliges for any cause which in any way relates to or arises out of a request for assistance under this Agreement or any response thereto, including but not limited to, failure to answer any police call for assistance, lack of speed in answering any call, any inadequacy of equipment, negligent operation of equipment, the use of police equipment and/or personnel pursuant to this Agreement, or for Workers Compensation premium assessments or awards. Each party shall assume the cost of damage to or loss of its equipment or apparatus while operating under this Agreement and herby waives the right to seek compensation from the other party or its employees for such damage or loss. a. The parties intend for the responding agency and their officers to enjoy the fullest privileges and immunities available to officers of the requesting agency pursuant to Chapter 2744 of the Ohio Revised Code. SECTION 6. INSURANCE. a. For so long as this MOU is in effect, the parties shall maintain the following insurance: (i) commercial general liability insurance; (ii) law enforcement liability insurance, and; (iii) commercial auto liability insurance for owned, hired and non- owned automobiles. Each such policy shall insure against claims for bodily injury (including death) and property damage. Each of the aforementioned insurance policies shall have a limit of not less than One Million Dollars ($1,000,000) per occurrence and include an endorsement naming each other as an additional insured. In addition, each party shalt carry umbrella coverage that extends over the above -referenced liability insurance coverage of not less than $5 million. b. In the event that either party to the Agreement is self-insured for bodily injury (including death) and property damage occasioned by the activities conducted under this MOU, that party shall maintain a self- insured reserve or restricted fund up to commercially reasonable limits, but not less than One Million Dollars ($1,000,000) per occurrence. Promptly upon request, the responding self-insured party shall provide a letter of confirmation with respect to such self-insured or restricted fund reserve. In addition, each self-insured party shall carry umbrella coverage that extends over the self-insured fund, of not less than $5 million. 2of3