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2004-033ORDINANCE NO. 2004- 3 3 0 AN ORDINANCE ADDING CHAPTER 8.56, SPECIALIZED EMERGENCY RESPONSE SERVICES, TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village provides specialized emergency response services under extraordinary circumstances to persons who are in particular danger for causes including, but not limited to, being trapped in confined spaces, in structural collapses, in water or high above the ground; and WHEREAS, although such specialized emergency response services are provided only to a very small percentage of the general population, including through Mutual Aid responses, the Village, in order to provide such services, must acquire, maintain and operate specialized supplies, equipment and training in all aspects of these services for Village appropriate personnel; and WHEREAS, the cost of supplies, equipment and training specifically required to provide such emergency response services continually increases and is highly specialized; and WHEREAS, much of the equipment that is used to provide these types of emergency responses must be replaced after limited use; and WHEREAS, the Village often is required to call back off -duty personnel to cover these specialized emergency responses, requiring the payment of overtime salaries to protect normal and emergency operational needs; and WHEREAS, the Village is also required from time-to-time to engage the services of non - Village personnel, experts, consultants or equipment to properly assesses, mitigate, manage and control these specialized emergency responses; and WHEREAS, the cost of supplies, equipment, training and personal services to provide these specialized emergency responses should be borne by persons who receive the benefit of such resources; and WHEREAS, reimbursement from recipients of specialized emergency response services for the expenses incurred by the Village is appropriate as it relates to the disproportionate relationship between the cost of such services and the benefit to those recipients and the general welfare and safety of the community; and WHEREAS, providing for reimbursement for such expenses is in the best interest of the Village of Buffalo Grove in its protection of the public health, safety and welfare of both residents and non - residents of the Village alike. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows: Section 1. The foregoing WHEREAS clauses are hereby incorporated herein as if fully set forth hereby. Section 2. Chapter 8.56 is hereby added to the Village of Buffalo Grove Municipal Code, read as follows: Chapter 8.56 Specialized Emergency Response Services 8.56.010 Specialized Emergency Response Services Specialized Emergency Response Services are defined as extraordinary services provided by the Buffalo Grove Fire Department, the Buffalo Grove Police o • Department, the Buffalo Grove Public Works Department or by any other Village department, to persons in need of specialized rescue. Specialized Emergency Response Services shall include a hostage situation, confined space rescue, underwater rescue, ice rescue, underground rescue, high angle rescue and building collapse rescue. The determination of a Specialized Emergency Response Service and the subsequent reimbursement of costs identified shall be reserved to the Village Manager or designee, after the receipt of a recommendation by the Village's Fire Chief or Police Chief. Final approval shall be provided by the Corporate Authorities 8.56.020 Payment for Services Upon the Buffalo Grove Fire Department, Buffalo Grove Police Department, Buffalo Grove Public Works Department or any other Village department providing specialized emergency response services, the recipient(s) of such services, or their administrators, personal representatives, executors, successors, heir(s), assigns and/or the holder of legal title of real property on which such services are provided, shall reimburse the Village for the cost of all personnel and for materials and equipment utilized to provide such services in the amounts provided for in this Chapter. Notwithstanding, the Village shall not be precluded from seeking the reimbursement of costs incurred from the person or persons responsible for causing a specialized emergency response. Payments for services are intended to apply only under exceptional conditions as part of an emergency response under extraordinary circumstances. Reimbursement is not intended to be sought as a result of Village response for customary emergency medical or fire service activities. 8.56.030 Payment for Personnel The charges for personnel services shall be include all costs incurred by the Village for all overtime paid to employees of the Village as well as charges incurred by the Village for non - Village employees, including but not limited to, consultants, professionals and independent contractors, as well as other emergency response agencies that are required to provide assistance with any specialized emergency response, without markup or separate fee. There shall be no charge for on -duty personnel responding in the course of their regular duties provided it is during their regular scheduled work hours. Village personnel will be billed at their individual rates of pay times the appropriate overtime factor paid. Consultants, professionals, independent contractors or other specialists may be billed through the Village at the rate(s) as billed for services rendered. 8.56.040 Payment for Materials and Equipment The charge for materials and equipment shall include all costs incurred by the Village for all materials and equipment that are used as part of a specialized emergency response including, but not by way of limitation, the following: 1. Use costs for specialized emergency response vehicles at a rate of $125/hour and for support vehicles at a rate as established by the Federal Emergency Management Agency rate plan and/or the Illinois Department of Transportation as published from time to time for such costs; and 2. Rental costs for any equipment required to be secured by the Village from outside sources in the amount paid by the Village for such rental; and 3. Purchase costs for all materials and equipment purchased by the Village directly for the specialized emergency response; and 4. Replacement costs for all materials and equipment (equipment that is specific to the rescue function, not including routine fire equipment), not otherwise paid for, that cannot be reused or otherwise must be discarded as a result of their being utilized during any specialized emergency response; and 5. Repair costs to vehicles and equipment necessitated as a result of the specialized emergency response; and 6. All similar costs incurred by the Village as a result of the specialized emergency response. 8.56.050 Payment Terms Any person or entity that refuses to pay or fails to pay the above listed charges within sixty (60) days of notice of the charges will be deemed to have violated this Chapter. Section 3. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 4. Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 5. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 5 - Braiman, Glover, Berman, Johnson, Trilling NAYES: 0 - None. ABSENT: 1 - Kahn PASSED: March 15 2004. APPROVED: March 15 2004. PUBLISHED: March ATTEST: t—Village Clerk 03/10/04 APPROVED: Vi resident 2004. ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on March 15, 2004, the Corporate Authorities of the Village passed and approved Ordinance No. 2004 -33 entitled: An Ordinance Adding Chapter 8.56, Specialized Emergency Response Services, to the Village of Buffalo Grove Municipal Code which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2004 -33 including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing March 15, 2004, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 16th day of March, 2004. Villa Clerk By ct et -' ,t ORDINANCE N. 2004- 3 3 AN ORDINANCE ADDING CHAPTER 8.56, SPECIALIZED EMERGENCY RESPONSE SERVICES, TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village provides specialized emergency response services under extraordinary circumstances to persons who are in particular danger for causes including, but not limited to, being trapped in confined spaces, in structural collapses, in water or high above the ground; and WHEREAS, although such specialized emergency response services are provided only to a very small percentage of the general population, including through Mutual Aid responses, the Village, in order to provide such services, must acquire, maintain and operate specialized supplies, equipment and training in all aspects of these services for Village appropriate personnel; and WHEREAS, the cost of supplies, equipment and training specifically required to provide such emergency response services continually increases and is highly specialized; and WHEREAS, much of the equipment that is used to provide these types of emergency responses must be replaced after limited use; and WHEREAS, the Village often is required to call back off -duty personnel to cover these specialized emergency responses, requiring the payment of overtime salaries to protect normal and emergency operational needs; and WHEREAS, the Village is also required from time -to -tune to engage the services of non - Village personnel, experts, consultants or equipment to properly assesses, mitigate, manage and control these specialized emergency responses; and WHEREAS, the cost of supplies, equipment, training and personal services to provide these specialized emergency responses should be home by persons who receive the benefit of such resources; and WHEREAS, reimbursement from recipients of specialized emergency response services for the expenses incurred by the Village is appropriate as it relates to the disproportionate relationship between the cost of such services and the benefit to those recipients and the general welfare and safety of the community; and WHEREAS, providing for reimbursement for such expenses is in the best interest of the Village of Buffalo Grove in its protection of the public health, safety and welfare of both residents and non - residents of the Village alike. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows: Section 1. The foregoing WHEREAS clauses are hereby incorporated herein as if fully set forth hereby. Section 2. Chapter 8.56 is hereby added to the Village of Buffalo Grove Municipal Code, read as follows: Chapter 8.56 Specialized Emergency Response Services 8.56.010 Specialized Emergency Response Services Specialized Emergency Response Services are defined as extraordinary services provided by the Buffalo Grove Fire Department, the Buffalo Grove Police Department, the Buffalo Grove Public Works Department or by any other Village department, to persons in need of specialized rescue. Specialized Emergency Response Services shall include a hostage situation, confined space rescue, underwater rescue, ice rescue, underground rescue, high angle rescue and building collapse rescue. The determination of a Specialized Emergency Response Service and the subsequent reimbursement of costs identified shall be reserved to the Village Manager or designee, after the receipt of a recommendation by the Village's Fire Chief or Police Chief. Final approval shall be provided by the Corporate Authorities 8.56.020 Payment for Services Upon the Buffalo Grove Fire Department, Buffalo Grove Police Department, Buffalo Grove Public Works Department or any other Village department providing specialized emergency response services, the recipient(s) of such services, or their administrators, personal representatives, executors, successors, heir(s), assigns and/or the holder of legal title of real property on which such services are provided, shall reimburse the Village for the cost of all personnel and for materials and equipment utilized to provide such services in the amounts provided for in this Chapter. Notwithstanding, the Village shall not be precluded from seeking the reimbursement of costs incurred from the person or persons responsible for causing a specialized emergency response. . Payments for services are intended to apply only under exceptional conditions as part of an emergency response under extraordinary circumstances. Reimbursement is not intended to be sought as a result of Village response for customary emergency medical or fire service activities. 8.56.030 Payment for Personnel The charges for personnel services shall be include all costs incurred by the Village for all overtime paid to employees of the Village as well as charges incurred by the Village for non - Village employees, including but not limited to, consultants, professionals and independent contractors, as well as other emergency response agencies that are required to provide assistance with any specialized emergency response, without markup or separate fee. There shall be no charge for on -duty personnel responding in the course of their regular duties provided it is during their regular scheduled work hours. Village personnel will be billed at their individual rates of pay times the appropriate overtime factor paid. Consultants, professionals, independent contractors or other specialists may be billed through the Village at the rate(s) as billed for services rendered. 8.56.040 Payment for Materials and Equipment The charge for materials and equipment shall include all costs incurred by the Village for all materials and equipment that are used as part of a specialized emergency response including, but not by way of limitation, the following: 1. Use costs for specialized emergency response vehicles at a rate of $125/hour and for support vehicles at a rate as established by the Federal Emergency Management Agency rate plan and/or the Illinois Department of Transportation as published from time to time for such costs; and 2. Rental costs for any equipment required to be secured by the Village from outside sources in the amount paid by the Village for such rental; and t 3. Purchase costs for all materials and equipment purchased by the Village directly for the specialized emergency response; and 4. Replacement costs for all materials and equipment (equipment that is specific to the rescue function, not including routine fire equipment), not otherwise paid for, that cannot be reused or otherwise must be discarded as a result of their being utilized during any specialized emergency response; and 5. Repair costs to vehicles and equipment necessitated as a result of the specialized emergency response; and 6. All similar costs incurred by the Village as a result of the specialized emergency response. 8.56.050 Payment Terms Any person or entity that refuses to pay or fails to pay the above listed charges within sixty (60) days of notice of the charges will be deemed to have violated this Chapter. Section 3® If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 4m Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 5e This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 5 - Braiman, Glover, Berman, Johnson, Trilling NAYES: 0 - None 1 - Kahn PASSED: March 15 , 2004. APPROVED: ._ • ir 2004. PUBLISHED: March 16 , 2004. 03/10/04 illage Clerk I: ' : elf 7 Vi resident