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HomeMy WebLinkAboutRESOLUTION - 14-91 - 3/12/1991 - EMERGENCY MUTUAL AID IN PUBLIC WORKSRESOLUTION NO. 14-91 EMERGENCY MUTUAL AID IN PUBLIC WORKS WHEREAS, the Northwest Municipal Conference Public Works Directors Committee has been exploring and promoting programs and policies of mutual interest since 1976; and WHEREAS, the incidence of natural and man-made disasters in the suburban area offers particular concern for the local governments and residents in need of immediate and sustained relief in times of emergency; and WHEREAS, most emergency situations require large and timely concentrations of public works personnel and appropriate equipment for such relief; and WHEREAS, individual municipalities and townships are not always in the position to provide emergency concentrations of personnel and equipment; E7T1 WHEREAS, the Conference has developed an area -wide mutual aid service agreement for emergency action in the area of public works. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That full support and approval is hereby given to the Public Works Emergency Mutual Aid Intergovernment Service Agreement and authorizes the Village President and Village Clerk to execute said agreement. Section 2: That any such voluntary exchange of personnel or equipment on an emergency basis be at no cost to the village, city or township in receipt of such services as provided for in the Public Works Emergency Mutual Aid Intergovernment Service Agreement. Section 3: That the discretion for equipment use and general assistance be the prerogative of the Director of the Department of Public Works as provided for in the Public Works Emergency Mutual Aid Intergovernment Service Agreement. Section 4: That cities, villages, and townships outside the Northwest Municipal Conference are also invited to participate in this emergency mutual aid network. Section 5: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTES: AYES: 6 PASSED this 12th APPROVED this 12th ATTEST: Patricia S. Smith Village Clerk NAYS: 0 ABSENT: o day of March 1991. day of March 1991. - 2 - Charles J. Zettek Village rest ent NORTHWEST MUNICIPAL CONFERENCE PUBLIC WORKS EMERGENCY MUTUAL AID INTERGOVERNMENTAL SERVICE AGREEMENT SECTION ONE - PURPOSE The Northwest Municipal Conference (NWMC) Public Works Emergency Mutual Aid Service Agreement (the "Service Agreement") which has been adopted by Member municipalities and townships is made in recognition of the fact that natural or man-made occurrences may result in situations which are beyond the ability of an individual municipality or township to deal with effectively in terms of personnel, equipment, and material resources at a given time. In adopting the Service Agreement, each Member expresses its intent to assist its nearby Member jurisdictions by assigning some of its personnel, equipment, and material resources to an affected municipality as specific situations allow. The specific intent of this Service Agreement is to permit the Public Works Departments of each Member to more fully safeguard the lives, persons, and property of all citizens. SECTION TWO - DEFINITIONS For the purpose of this Service Agreement, terms are defined as follows: A. "Emergency": An unforeseen or sudden event or condition arising in a Member's territorial jurisdiction, or arising when transporting equipment, or vehicles through another Member's jurisdiction, which results in an insufficiency of Public Works personnel, equipment, materials, or other related services such that the Member determines that it is necessary and advisable to request aid. B. "Director of Public Works": An individual or his designee, who is designated by the appropriate Member as having primary responsibility for Public Works functions and emergencies as generally defined herein. C. "Member": A unit of local government which has a recognized Public Works Department and which is a party to this Service Agreement. D. "Mutual Aid": Emergency responses and assistance to a Stricken Member by an Aiding Member in the form of Public Works personnel, equipment, materials, or other related services and resources. Emergency Plan page 2 E. "Stricken Member": A Member which requests aid in event of an Emergency. F. "Aiding Member": A Member from whom Mutual Aid is requested by a Stricken Member in the event of an Emergency. SECTION THREE - AUTHORITY AND ACTION TO EFFECT MUTUAL AID A. Each Member hereby authorizes and directs its Director of Public Works to render and/or request Mutual Aid to or from the other Members in accordance with the policies and procedures which may be established from time to time by the Directors of Public Works of Member jurisdictions. The Mutual Aid rendered shall be to the extent of available personnel, equipment and materials not required for adequate servicing of the Aiding Member. The judgment of the Director of Public Works of the Aiding Member shall be final as to the personnel, equipment and materials available. B. Whenever a Stricken Member requests Mutual Aid pursuant to this Service Agreement, the Stricken Member's Director of Public Works shall notify any or all other Members of the nature and location of the occurrence and the type and amount of personnel, equipment and materials requested from each Member. C. Upon receipt of a request for Mutual Aid, the Director of Public Works for that Member shall immediately: 1. Determine the extent, if any, to which requested personnel, equipment and materials are available for Mutual Aid. 2. Dispatch the requested personnel, equipment and materials, to the extent available, to the location of the occurrence reported by the Stricken Member. 3. Notify the Director of Public Works of the Stricken Member (or his designee) orally, in writing, or by any other reasonable means if any or all of the requested amount or type of personnel, equipment, or materials cannot be provided. Emergency Plan page 3 SECTION FOUR - JURISDICTION OVER PERSONNEL AND EQUIPMENT Personnel dispatched to aid a Stricken Member pursuant to this Service Agreement shall remain employees of the Aiding Member. Personnel rendering emergency Mutual Aid shall report for direction and assignment to the Directo of Public Works of the Stricken Member and shall perform work only as assigned by the Director of Public Works of the Stricken Member, or his designee). The Aiding Member shall at all times have the right to withdraw any and all Mutual Aid upon the order of its Director of Public Works; provided, however, that the Aiding Member withdrawing such aid shall notify the Director of Public Works of the Stricken Member in the manner described in Section 3.C.3 of the withdrawal of such Mutual Aid and the extent of such withdrawal. SECTION FIVE - COMPENSATION FOR MUTUAL AID Personnel equipment and/or services provided pursuant to this Service Agreement shall be at no charge to the Stricken Member . The cost of materials used by the Stricken Member and furnished by the Aiding Member shall be reimbursed by the Stricken Member unless other mutually acceptable arrangements have been agreed upon in writing between the parties. However, any amounts recovered from third parties shall be equitably distributed among the Stricken Member and the Aiding Members within 30 days after receipt of any such amounts. Nothing herein shall preclude a Stricken, or Aiding Member from seeking a recovery of funds from any State or Federal Agency under any existing statutes. SECTION SIX - INSURANCE A. Each Member agrees to obtain and maintain at its sole expense insurance, including comprehensive general liability (with broad form property damage endorsement), auto liability, property damage and casualty, workers' compensation, and, if applicable, professional malpractice insurance upon such terms as in each Member's judgment is best for the protection of itself, its personnel, officers, and equipment. The obligations of insurance set forth in this section may be satisfied by a Member's participation in a self-insurance plan or pool. B. A Stricken Member shall have no obligation to provide or extend insurance coverage to insure the personnel, property, or equipment of any Aiding Member, or to insure the acts or omissions of personnel of any Aiding Member. Emergency Plan page 4 SECTION SEVEN - INDEMNIFICATION A. Each Stricken Member requesting Mutual Aid in an Emergency pursuant to this Service Agreement hereby expressly agrees to indemnify, defend, and hold harmless any and all Aiding Members providing Mutual Aid during such Emergency and their officers, officials, employees, agents, attorneys, and representatives from any and all claims, demands, liability, damages, injury, causes of action, suits in law or in equity, costs and expenses which may arise out of, or may relate to such Emergency. These indemnities shall include attorneys fees and costs that may arise from providing Mutual Aid pursuant to this Service Agreement. B. Each Member receiving or rendering Mutual Aid in an Emergency hereby waives any and all claims against any other Member, its officers, agents, representatives, and employees, for compensation for any and all losses, claims, costs, expenses (including but not limited to attorneys' fees), damages, personal injury or death arising in consequence of the performance or non-performance of Mutual Aid during such Emergency. C. Each Member, whether an Aiding Member or Stricken Member, shall remain solely and exclusively responsible for the employee benefits, wage and disability payments, pensions, and workers' compensation claims for its employees. In addition, each Member shall pay any damage to equipment or clothing of, and any medical expenses incurred by, any of its employees in connection with the rendering of Mutual Aid. SECTION EIGHT - NON -LIABILITY FOR FAILURE TO RENDER MUTUAL AID No Member, nor its officers, officials, employees, agents, attorneys, or representatives shall be liable to any other Member, whether expressly or impliedly, for its failure or refusal to render Mutual Aid pursuant hereto nor for the withdrawal of Mutual Aid in whole or in part, which has been provided pursuant to this Service Agreement. Emergency Plan page 5 SECTION NINE - EFFECTIVE DATE OF RESOLUTION AND SERVICE AGREEMENT This Service Agreement shall be in full force and effect upon approval in the manner provided by law by at least three municipalities or townships of an ordinance or resolution in substantially the form attached hereto (the "Resolution"), and upon the proper execution of the Service Agreement and delivery of such Resolution and Service Agreement to the NWMC. After the Service Agreement is in force, any other municipality or township may become a Member upon approval, execution, and delivery of the Resolution and this Service Agreement to the NWMC. The NWMC shall maintain a current list of all Members. SECTION TEN - TERM; TERMINATION A. This Service Agreement shall remain in full force and effect from its effective date until it is terminated as provided in this section. B. Any Member may terminate its participation in this Service Agreement upon delivery of written notice to the NWMC at least 90 days before that Member's termination date, which must coincide with the last day of a calendar month. Such notice shall either be personally delivered or sent by certified mail, return receipt reqested. C. This Service Agreement shall terminate and be of no force on effect whenever there are fewer than three Members continuing to participate in the Service Agreement. SECTION ELEVEN — AMENDMENT This Service Agreement shall only be amended when a written instrument is approved, signed, and delivered to the NWMC by three-fourths of the then -existing Members. Such amendment shall take effect seven business days after the NWMC receives the required number of approved and signed instruments. The NWMC shall thereafter notify each Member of such amendment. Emergency Plan page 6 SECTION TWELVE - SEVERABILITY If any provision of this Service Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable to any extent, such provision shall be severable from the remaining provisions of this Service Ageement, and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby, but such remaining provisions of the Service Agreement shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purposes and intent of the Service Agreement to the greatest extent permitted by applicable law. Emergency Plan page 6 SECTION THIRTEEN - GOVERNING LAW This Service Agreement shall be governed, interpreted, and construed in accordance with the laws of the State of Illinois. SECTION FOURTEEN - EXECUTION This Service Agreement may be executed in multiple counterparts or duplicate originals or with multiple signature pages, each of which shall constitute and be deemed one in the same document. AUTHORIZATION The undersigned unit of local government hereby subscribes and approves the Public Works Emergency Mutual Aid Intergovernmental Service Agreement to which this signature page will be attached and agrees to be a party thereto and be bound by the terms thereof. This signatory certifies that this Service Agreement has been adopted and approved by ordinance, resolution, or other manner approved by law, a copy of which document is attached hereto. By: Charles J. Zettek (Mayor, Village President or Township Supervisor) Village of Elk Grove Village Municipality or Township March 12, 1991 Date of Signature Attest: Patricia S. Smith (Clerk, Secretary) Village Clerk