1999-460
RESOLUTION NO. 99- 46
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A RESOLUTION ADOPTING THE MABAS DIVISION I SPECIALIZED RESPONSE TEAM
ASSOCIATION INTERGOVERNMENTAL AGREEMENT
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of
1970; and
WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) provides that any power or
powers, privileges or authority exercised or which may be exercised by a unit of local government may be
exercised jointly with any other unit of local government; and
WHEREAS, the Village of Buffalo Grove Fire Department has participated in the various specialized
response teams operated by MABAS Division I since their inception; and
. WHEREAS; MABAS Division I desires to transfer operations of their specialized response teams, and
the associated liability, to a new intergovernmental cooperative association.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows:
Section.L The President and Board of Trustees of the Village of Buffalo Grove fully endorses the
creation of the MABAS Division I Specialized Response Team Association.
Section 2. The Village President and Village Clerk of the Village of Buffalo Grove are hereby
authorized to execute the MABAS Division I Specialized Response Team Association Agreement, a copy of
which is attached hereto as Exhibit A.
Section 3. This Resolution shall be in full force and effect from and after its passage and approval.
AYES: 6 - Marienthal, Reid, Braiman, Hendricks, Glover, Berman
NAYS: 0 - None
ABSENT: 0 - None
PASSED: September 27 , 1999
APPROVED:September 27' ;.1999.
ATTEST:
Village Clerk
APPROVED:
tw"4Village President
TCA4650
e
MABAS DIVISION I FIRE DEPARTMENTS
SPECIALIZED RESPONSE TEAMS AGREEMENT
EXHIBIT A
This Agreement is made and entered into on the dates set forth next to the signature of
each party hereto, by and between the units of local government and public agencies (the "Units ")
which have approved this Agreement in the manner provided by the law, and have subscribed
hereto creating an association by and between these units of government as further enumerated
herein (the "Association ").
WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10,
authorizes units of local government to contract or otherwise associate among themselves in any
manner not prohibited by law or ordinance; and
WHEREAS, the Intergovernmental Cooperation. Act (5 ILLS 220/1 et seq.) provides that any
power or powers, privileges or authority exercised or which may be exercised by 'a unit of local
government may be exercised jointly with any other unit of local government; and
WHEREAS, the Intergovernmental Cooperation Act provides that any one or more public
agencies may contract with any one or more public agencies to perform any governmental service,
activity or undertaking which any of the public agencies entering into the contract is authorized by
law to perform, provided that such contract shall be authorized by the governing body of each
party to the contract; and
WHEREAS, the Fire Protection District Act (70 ILCS 705/1 la) provides that a fire
protection district may contract for mutual aid from and to governmental units organized to furnish
fire protection services; and
WHEREAS, the Municipal Code (65 ILCS 5/1 -1 -5) authorizes the corporate authorities of
a municipality to exercise jointly all powers which it possesses; and
WHEREAS, all parties hereto have determined that it is in their best interests to establish
intergovernmental specialized response teams and to enter into this Agreement to secure to each
the benefits of specialized response in fire protection, fire fighting, and other related services
dealing with the protection of life or property in an emergency.
NOW, THEREFORE, in consideration of the foregoing recitals, the Units' membership in
the Association, and the covenants herein contained, the parties hereto agree as follows:
SECTION 1
PURPOSE AND INTENT
The Units recognize and acknowledge that in certain situations, such as, but not limited to,
emergencies, natural disasters and man -made catastrophes, the use of an individual Unit's
personnel and equipment to perform specialized response outside the territorial limits of the Unit
is desirable and necessary to effectively and efficiently preserve and protect the health, safety and
welfare of the public. It is further expressly acknowledged that in certain situations, such as the
aforementioned, the use of other Units' personnel and equipment to perform functions within the
territorial limits of a Unit is desirable and necessary to preserve and protect the health, safety and
welfare of the public. Further, it is acknowledged that coordination of specialized response teams
is desirable for the effective and efficient provision of public health and safety.
The purpose of this Agreement is to provide specialized response services, including but
not limited to, confined space rescue, hazardous materials emergency response, underwater rescue
and recovery, and technical/rope rescue, between the Units in certain situations where such aid is
necessary and desirable to best serve the interest of the Units in preserving the life, property,
health, safety, and welfare of the public within the territories of the respective Units or such
territory as may be annexed by such Units hereinafter.
In addition, the Association may facilitate joint purchasing or other collective activities,
including, but not limited to, fire prevention and public education, within the general purpose of
the Association. Such activities shall be regulated through the by -laws of the Association. It is the
express intent of the Units to this Agreement that the Association has the authority to purchase
and own vehicles, apparatus, and equipment within the purpose of this Agreement. These vehicles
may be operated by the Association in furtherance of its governmental purpose and intent and
shall enjoy all the duties, privileges, and immunities extended to the Units to this Agreement by
statutory or common law.
It is the intent of all Units to comply with all applicable State and Federal law.
SECTION II
DEFINITIONS
In this Agreement, the following terms shall be defined as follows:
A. Aiding Unit: A Unit furnishing equipment and manpower to a stricken Unit.
B. Association: MABAS Division I Fire Departments Specialized Response Teams;
the intergovernmental agency created by this Agreement.
C. Designee: The individual named by a Unit or its Fire Chief to act in the Fire
Chief's place and stead in the Fire Chief's absence or named by the Association to
be in charge of a specialized response team.
D. Emergency: An unforeseen occurrence or condition in a Unit's territorial
jurisdiction which exceeds the Unit's capabilities to provide adequate service in the
area of specialized emergency response services including, but not limited to,
confined space rescue, hazardous materials emergency response, underwater
rescue and recovery, technical/rope rescue, between the Units in certain situations
where such aid is necessary and desirable to best serve the interest of the Units in
preserving the life, property, health, safety, and welfare of the public within the
territories of the respective Units or such territory as may be annexed by such
Units hereinafter.
E. Executive Board: Shall be comprised of the Chairperson, Vice Chairperson,
Secretary, Treasurer, and Immediate Past Chairperson of the Executive
Committee, and shall perform those duties assigned through the by -laws.
F. Executive Committee: The governing body of the Association, composed of the Fire
Chiefs.
G. Fire Chief: An individual who is designated by the appropriate unit of government
as having the primary responsibility for emergencies as defined herein.
H. Incident Commander: An individual who has responsibility for the overall
operations at an emergency scene.
I. Stricken Unit: A Unit which requests aid in the event of an emergency.
J. Unit: A unit of local government (or an intergovernmental public agency and the
units of which the intergovernmental governmental public agency is comprised)
that has adopted an ordinance (or resolution) accepting the terms of this
Agreement and that agrees to comply with the rules, regulations, policies and
procedures adopted by the Association.
SECTION III
ADMINISTRATIVE ORGANIZATION
This Agreement shall be administered by an Executive Committee composed of the Fire
Chiefs (or other representative designated by the member Unit) of each member Unit. A
chairperson, vice- chairperson, secretary, and treasurer of the Executive Committee shall be
elected annually by a majority vote of the Executive Committee members present. Such elected
group shall be called the Executive Board. All documents, records, minutes and other items
essential to the administration of the Association shall be stored under the direction of the current
Chairperson. Rolling stock and other heavy equipment shall be stored or housed in a site
determined by the Executive Committee.
The Executive Committee may form subcommittees from time to time, to further the
objectives of the Association.
The supplies and equipment shall be purchased in the name of the Association and title, where
appropriate, shall be held in the name of the Association.
The Executive Committee may make by -laws necessary to implement this Agreement and
to conduct its meetings. All member Units must have all proposed by -laws or changes to current
by -laws fourteen (14) calendar days in advance of the meeting where such by -laws, or changes to
current by -laws will be modified. Upon adoption or modification, the member Units shall receive a
copy of the amended or modified by -laws within fourteen (14) days after adoption. The above
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notice requirements may be amended in case of an emergency.
SECTION IV
POLICY AND PROCEDURE
The Executive Committee may, from time to time, adopt policies and procedures to
provide for the orderly implementation of the specialized response to be provided by the
Agreement.
SECTION V
AUTHORITY AND ACTION TO EFFECT
INTERGOVERNMENTAL SPECIALIZED RESPONSE TEAMS
A. Each Unit hereby authorizes and directs its Fire Chief, or his/her designee, to act on behalf
of the Unit in rendering and/or requesting specialized response teams to or from the other
Units in accordance with the policies and procedures provided herein and/or as established
by the Association from time to time. Aid rendered shall be to the extent of available
personnel and equipment not required for adequate protection of the territory of the
Aiding Unit. The judgment of the Fire Chief or designee of the Aiding Unit shall be final as
to personnel and equipment available to render aid.
B. Each Unit hereby authorizes the Executive Committee to establish standard operating
guidelines that will govern the rendering of aid in various situations. In most cases, the
procedures will follow that set forth in Paragraph C of this Section, unless the guidelines
provide otherwise.
C. Whenever a Stricken Unit requests aid pursuant to this Agreement:
1. The Incident Commander of the Stricken Unit shall notify any and all aiding Units
of the nature and location of the occurrence, and the type and amount of
equipment and personnel requested from the aiding Unit, as set forth in the policies
and procedure provided for herein.
2. The Aiding Unit shall take the following action immediately upon receipt of a
request for aid:
a. Determine the extent, if any, to which requested equipment and personnel
are available to render a specialized response.
b. Dispatch the requested equipment and personnel, to the extent available, to
the location of the occurrence reported by the Stricken Unit.
C. Notify the Stricken Unit if any or all of the requested amount or type of
equipment or personnel cannot be provided.
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SECTION VI
AUTHORITY TO ENTER INTO CONTRACTS
A. The Executive Committee has the express authority to associate with individuals,
associations, and corporations in any manner not prohibited by law on behalf of the
Association and for activities consistent with the Association's purpose and intent.
B. The Executive Committee has the express authority to enter into contracts on behalf of the
Association for the purchase of goods and services that are consistent with the
Association's purpose and intent. Each contract shall set forth fully the purposes, powers,
rights, obligations and responsibilities of the Association and all other parties to the
contract. The Association will comply with any applicable provisions for the letting of
contracts set forth in Sections 8 -9 -1 to 8 -9 -3 of the Illinois Municipal Code (65 ILCS 5/8-
9 -1 et seq.).
SECTION VII
JURISDICTION OVER PERSONNEL AND EQUIPMENT
Personnel and equipment dispatched to aid a Stricken Unit pursuant to this Agreement
remain employees, property and responsibility of the Aiding Unit. Personnel and equipment
rendering aid shall report to the Incident Commander of the Stricken Unit at the occurrence scene
for direction and assignment. The Aiding Unit, at all times, retains the right to withdraw any and
all aid rendered upon order of its Fire Chief or his/her designee: provided, however, that the
Aiding Unit that intends to withdraw aid shall notify the Incident Commander of the Stricken Unit
of the withdrawal and the extent of the withdrawal of aid.
SECTION VIII
FINANCES
A. Personnel and equipment provided pursuant to this Agreement under emergency
conditions as defined herein shall be provided at no charge to the Stricken Unit, except as
set forth herein or in the policies and procedures.
B. Reimbursement of unusual and burdensome costs may be set forth in the policies and
procedures as adopted and amended from time to time.
C. Annually, the Executive Committee shall assess the additional equipment and financial
needs of the program. The governing authority of each Unit has the right to reject any
assessment or financial charge before that Unit becomes financially obligated to any
further cost or expense whatsoever under this program and Agreement. The failure of any
Unit to pay its assessment(s) by the specified deadline shall remove the obligation of the
Association to supply equipment, vehicles, and/or services provided by the Association
until the assessment(s) due are paid. A member Unit that does not participate in any team
requiring assessment shall execute its withdrawal from the Association upon written
notification from the Association.
SECTION IX
INSURANCE
A. Each Unit participating under the terms of this Agreement shall procure and maintain, at
its sole and exclusive expense, insurance coverage including comprehensive liability,
contractual liability, personal injury, property damage, workers' compensation, and, if
applicable, emergency medical services professional liability, with such limits of coverage
and deductibles as are prudent and reasonable for the protection of itself, its personnel and
its equipment.
B. A Stricken Unit shall have no obligation to provide or extend insurance coverage to insure
the personnel of any Aiding Unit or to insure the acts or omissions of personnel of the
Aiding Unit.
C. The Executive Committee shall require each member Unit to provide insurance certificates
to the Chairperson identifying the Unit's coverage. Such certificate shall provide that thirty
(34) days prior to expiration or cancellation of the required insurance, notice shall be sent
certified mail to the Chairperson of the Executive Committee. Failure of a member Unit to
provide insurance coverage and/or certificate of insurance by the specified deadline shall
remove the obligation of the Association to supply equipment, vehicles, and/or services
provided by the Association until the required insurance certificate(s) are provided.
SECTION X
INDEMNIFICATION
A. Each Unit agrees to waive all claims against all other Units for any loss, damage, personal
injury, or death occurring in consequence of the performance of this Agreement; provided
however, that such claim is not a result of gross negligence or willful misconduct by a Unit
or its personnel.
B. Each Unit requesting or providing aid pursuant to this Agreement hereby expressly agrees
to hold harmless, indemnify, and defend the Unit rendering aid and its personnel from any
and all claims, demands, liability, losses, suits in law, or in equity which are made by a
third party. This indemnity shall include attorney's fees and costs that may arise from
providing aid pursuant to this Agreement. All employee benefits, wage and disability
payments, pensions, workers' compensation claims, damage to or destruction of
equipment and clothing, and medical expenses of the Unit rendering aid shall be the sole
and exclusive responsibility of the respective Unit, provided, however, that claims made by
a third party are not caused by gross negligence or willful misconduct on the part of the
Unit rendering aid.
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C. Each Unit, whether an Aiding Unit or Stricken Unit, agrees that, except as otherwise
provided herein, it shall remain solely and exclusively responsible for the employee
benefits, wage and disability payments, pensions, workers' compensation claims, medical
and hospitalization claims of its employees and agents, and for its own property loss.
D. Each Unit agrees to raise before any court all civil immunity provided pursuant to 745 ILLS
10 /1 et seq. as affirmative defenses in any litigation brought by anyone whereby, as a result,
any Unit to this Agreement is a defendant.
SECTION XI
NON- LIABILITY FOR FAILURE TO RENDER AID
No Unit, nor its agents or personnel, shall be liable to any other Unit, whether expressly or
impliedly, for its failure or refusal to render aid pursuant hereto, nor for the withdrawal of aid, in
whole or in part, which has been provided pursuant to this Agreement.
SECTION XH
TERM
This Agreement shall be in effect for a term of one year from the date of signature hereof
and shall automatically renew for successive one -year terms unless terminated in accordance with
this Section.
Any Unit may withdraw from this Agreement at any time, by giving written notice to the
Executive Committee Chairperson of the Association specifying the date of termination. The written
notice provided herein shall be given by certified mail, at least ninety (90) days prior to the date on
which termination is to be effective. All terminations shall be effective on the last day of the calendar
month. Any unilateral withdrawal shall result in forfeiture of all sums of money or property of any
kind contributed by the withdrawing member.
SECTION XIH
EFFECTIVE DATE OF THIS AGREEMENT
Each Unit shall file a copy of its certified executed ordinance or resolution entering into
this agreement with the Association's Chairperson, once elected, or with the President of MABAS
Division I, if filed prior to this Association's first elections.
This Association shall become an operational entity and hold elections for the Executive
Board on the second Wednesday of the first odd month that has thirteen (13) Units as signatories
hereto. Said elections shall occur at the conclusion of the regularly scheduled MABAS Division I
meeting scheduled for that month. A quorum of Fire Chiefs from Units signatory hereto must be
present for the election to occur. All future elections shall be conducted in accordance with the
Association's adopted by -laws.
SECTION XIV
BINDING EFFECT
This Agreement shall be binding upon and inure to the benefit of any successor entity which
may assume the obligations of a Unit. However, this Agreement may not be assigned by any Unit
without the prior written consent of the Association, and this Agreement may not be assigned by the
Association without the prior written consent of all Units.
SECTION XV
VALIDITY
The invalidity of any provision of this Agreement shall not render invalid any other
provision. If, for any reason, any provision of this Agreement is determined by a Court of
competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severable,
and this Agreement may be enforced with that provision severed or as modified by court order.
SECTION XVI
NOTICES
All notices required hereunder shall be made in writing and shall be served personally, by
registered mail, or by certified mail, to the Fire Chief of each District or Municipality which is a
signatory hereto, unless otherwise provided for in this Agreement.
SECTION XVII
GOVERNING LAW
This Agreement shall be governed, interpreted and construed in accordance with the laws of
the State of Illinois.
SECTION XVIII
AMENDMENTS
This Agreement may be amended only by the written consent of two- thirds of the Units
provided, however, that this Section has no application to the amendment of mutual aid policies
and procedures which may be made, and amended from time to time by the Association as
provided in this Agreement and otherwise.
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SECTION XIX
EXECUTION IN COUNTERPARTS
This Agreement may be executed in multiple counterparts or duplicate originals, or with
multiple signature pages, each of which shall constitute and be deemed one and the same
document.
IN WITNESS WHEREOF, this Agreement has been duly executed by the Units whose
names are subscribed below or on the signature pages as attached hereto from time to time, and
which pages are specifically incorporated herein.
Dated this day of , 1999.
Eire Protection Districts Municipalities
President Mayor/President
Attest: Attest:
Secretary Cler
TCA4651
Septanber 17,1999
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