2001-45RESOLUTION NO. 2001- 45
A RESOLUTION CONCERNING
NON - 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 Non - Emergency Mutual Aid
Service Agreement to address area -wide equipment and personnel exchange for such
non - emergency situations; and,
THEREFORE, The Village of Buffalo Grove gives full support and approval to
the Northeastern Illinois Mutual Aid Network Public Works Non - 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: 6 - Marienthal, Braiman, Glover, Johnson, Kahn
NAYES: 0 - None
ABSENT: 0 - None
PASSED: November 19 , 2001
APPROVED: November 19 , 2001
APPROVED: f
Village President
ATTEST:
Village Clerk
G:\PWDIRGRP\LHC\NWMC\pwnonema0l.doc
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PUBLIC WORKS
NON - EMERGENCY MUTUAL AID
INTERGOVERNMENTAL SERVICE AGREEMENT
SECTION ONE - PURPOSE
The Northeastern Illinois Mutual Aid Network (NEIMAN) Public Works Non - 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 its nearby
Member jurisdictions by assigning some of its Member personnel, equipment, and material resources
to an affected municipality as specific situation allow, and to provide for the use and exchange of
Public Works resources on a limited need basis in unique or special instances. The specific intent of
this Service Agreement is to permit the Public Works Department of each Member municipality or
township to more fully respond to non - emergency situations requiring unusual levels or types of
public works equipment or manpower.
SECTION TWO - DEFINITIONS
For the purpose of this Service Agreement, terms are defined as follows:
A. Situation: A non - emergency event or condition arising in a Member's territorial jurisdiction
which results in an insufficiency of Public Works personnel, equipment, materials or other
related services such that the Member determines that it is advisable to request aid.
B. 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.
C. Member: A unit of local government which has recognized Public Works Department and
which is a party to this Service Agreement.
D. Mutual Aid: The responses and assistance provided to an Assisted Member by an Aiding
Member in the form of Public Works personnel, equipment, materials, or other related
services and resources.
E. Assisted Member: A Member which requests aid in the event of a work situation.
F. Aiding Member: A Member from whom Mutual Aid is requested in the event of a public
works Situation in another Member's jurisdiction.
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 an Assisted Member requests Mutual Aid, pursuant to this Service Agreement, the
Assisted 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.
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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. Upon reaching an agreement for compensation pursuant to Section Five of this
Service Agreement, dispatch the requested personnel, equipment, and materials, to
the extent available, to the location of the situation reported by the Assisted Member.
3. Notify the Director of Public Works of the Assisted 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 an Assisted 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 Assisted Member
and shall perform work only as assigned by the Director of Public Works of the Assisted
Member (or his/her designee). However, both the Assisted Member and the Aiding 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 Assisted 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
Personnel, equipment, and /or services (excluding potable water supply and sewer collection)
provided pursuant to this Service Agreement shall be charged to the Assisted Member according to
mutually acceptable arrangements as agreed upon in writing by the involved parties. In all other
respects, the terms of this agreement shall prevail.
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. An Assisted 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 Assisted Member hereby expressly agrees to indemnify, defend, and hold harmless any
and all Aiding Members providing Mutual Aid during such Non - Emergency and their officers,
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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 Non - 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 hereby waives any 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 a Non - Emergency situation.
B. Each Member, whether Aiding Member or Assisted 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 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 the SSMMA, NWMC, and the
WCMC. The Councils of Governments shall maintain a current list of all Members.
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 their appropriate member Council of Government at least 90 days
before that Member's 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 member Councils of Government by three - fourths of the then - existing Members.
Such amendment shall take effect seven business days after the Councils of Government receive the
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required number of approved and signed instruments. The Councils 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.
AUTHORIZATION
The undersigned unit of local government hereby subscribes and approves the Public Works Non -
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:
Village /City Manager /Administrator
Village of Buffalo Grove
City/Village of
November 19 2001
Date of Signature
ATTEST:
�-
IIV ai ge /City Clerk
November 19, 2001
Date of Signature
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