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2001-44RESOLUTION NO. 2001- 44 A RESOLUTION CONCERNING EMERGENCY MUTUAL AID IN PUBLIC WORKS WHEREAS, the Public Works Advisory Committees of the South Suburban Mayors and Manages Association (SSMMA), the Northwest Municipal Conference (NWMC) and the West Central Municipal Conference (WCMC) have recognized the need to develop a joint mutual aid agreement in the event of a natural or man -made occurrence; and, WHEREAS, the occurrence requires assistance from other participating member municipalities and townships in the form of personnel, equipment and material resources; and, WHEREAS, the SSMMA, NWMC and the WCMC developed the Northeastern Illinois Mutual Aid Network ( NEIMAN) Public Works Emergency Mutual Aid Service Agreement to address area -wide equipment and personnel exchange for such emergency situations; and, THEREFORE, The Village of Buffalo Grove gives full support and approval to the Northeastern Illinois Mutual Aid Network Public Works Emergency Mutual Aid Service Agreement, and authorizes its presiding officer to execute said agreement. BE IT FURTHER RESOLVED, the discretion for equipment use and general assistance is the prerogative of the Director of Public Works or his designee as provided for in the NEIMAN Service Agreement. BE IT FINALLY RESOLVED, this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed and approved this 19th day of November in the year 2001. AYES: NAYES: ABSENT: 6 - Marienthal, Braiman, Glover, Berman, Johnson, Kahn 0 - None 0 - None PASSED: November 19 52001 APPROVED: November 19 , 2001 APPROVED Village President ATTEST: Vil ge Clerk G:\PWDIRGRP\LHC\NWMC\pwema0l.doc PUBLIC WORKS EMERGENCY MUTUAL AID INTERGOVERNMENTAL SERVICE AGREEMENT SECTION ONE — PURPOSE The Northeastern Illinois Mutual Aid Network (NEIMAN) Public Works Emergency Mutual Aid Intergovernmental 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 Member jurisdictions by assigning some of its Member personnel, equipment, and material resources to an affected municipality as specific situation allow. The specific intent of this Service Agreement is to permit the Public Works Department 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. Aiding Member: A Member from whom Mutual Aid is requested by a Stricken Member in the event of an emergency. B. Council of Government: An intergovernmental agency that provides local municipal governments technical assistance and joint services. C. Director of Public Works: An individual or his/her designee, who is designated by the appropriate Member as having primary responsibility for Public Works functions and emergencies as generally define herein. D. 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. E. Member: A unit of local government which has recognized Public Works Department and which is a party to this Service Agreement. F. 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. G. Stricken Member: A Member which requests aid 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 Members. The judgement 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 and 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: 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 /her designee) orally, in writing, or by any other reasonable means if any and all of the requested amount or type of personnel, equipment, or materials cannot be provided. SECTION FOUR - JURISDICTION OVER PERSONNEL AND EQUIPMENT A. Personnel dispatched to aid a Stricken Member pursuant to this Service Agreement shall remain employees of the Aiding Members. Personnel rendering emergency Mutual Aid shall report for direction and assignment to the Director 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/her designee). However, both the Aiding Member and the Stricken Member are responsible to perform all work as set forth in the minimum safety guidelines established by local, County, State, and Federal agencies, including but not limited to, the Illinois Department of Labor and the Occupational Safety and Health Administration. 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. B. Each Member agrees to submit, as a condition of membership, resource lists of available equipment and supplies. SECTION FIVE - COMPENSATION MUTUAL FUND A. Personnel, equipment, and /or services (excluding potable water supply and sewer collection) provided pursuant to this Service Agreement shall be at no charge to the Stricken Members. The cost of the materials used by the Stricken Member and furnished by the Aiding Members shall be reimbursed by the Stricken Member within 30 days after receipt of any such amounts. Nothing herein shall preclude a Stricken, or Aiding Member from seeking recovery of funds from any State or Federal Agency under any existing statutes. B. All Members agree to cooperate regarding the obtaining of State and Federal funds. Each Member shall maintain accurate records and documentation of all labor, equipment, materials, and related expenses associated with the rendering of mutual aid covered by this agreement. Copies shall be made available to Members upon request. K 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 judgement 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. 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 attorney 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 attorney's fees), damages, personal injury or death arising in consequence of the performance of Mutual Aid during such an Emergency. C. Each Member, whether 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 expressed or implied for its failure or refusal to render Mutual Aid pursuant hereto nor for the withdrawal of Mutual Aid in the Whole or in part, which has been provided pursuant to this Service Agreement 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 Council of Government Members by a 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 their Council of Government 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 SSMMA, NWMC and the WCMC. The Council of Governments shall maintain a current list of all Members. 3 SECTION TEN — TERM; TERMININATION 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 a certified resolution to the appropriate member Council of Government at least 90 days before that Members termination date, which must coincide with the last day of the calendar month. Such notice shall either be personally delivered or sent by certified mail. Return receipt requested. 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 Council of Government by three - fourths of the then - existing Members. Such amendment shall take effect seven business days after the Council of Government receives the required number of approved and signed instruments. The Council of Government shall thereafter notify each Member of such amendment. 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 Agreement, 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. 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 on in the same document. 4 AUTHORIZATION The undersigned unit of local government hereby subscribes and approves the Public Works Emergency Mutual Aid Intergovernmental 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: Mayor /Press ent/Vllage /City Manager /Administrator/Town ship Supervisor Village of Buffalo Grove City/Village of/Township November 19, 2001 Date, of Signature ATTEST: Vill /City Clerk/Secretary November 19, 2001 Date of Signature 5