2016-23 RESOLUTION 2016-23
A RESOLUTION AUTHORIZING PARTICIPATION AS A MEMBER IN THE
ILLINOIS EMERGENCY MANAGEMENT MUTUAL AID SYSTEM RESPONSE
PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN
THE VILLAGE OF BUFFALO GROVE AND THE ILLINOIS EMERGENCY
ESTABLISHMENT MANAGEMENT ASSOCIATION FOR THE AID INTERGOVERNMENTAL SERVICE AGREEMENT
WHEREAS,the Village of Buffalo Grove, an Illinois municipal corporation ("Village")
has established an Emergency Management Agency/Emergency Services and Disaster Agency
of the Village pertaining to appropriate functions in the case of an emergency; and
WHEREAS, it is recognized that at any given time emergency situations may occur that
are beyond the capacities of the V i 1 I a g e Emergency Management Agency/ Emergency
Servicesand Disaster Agency to deal efl°ectively with in terms of erso e , equipment a
material resources;and
in adopting the Illinois Emergency Management Mutual Aid System
Intergovernmental Se ice Agreement the Village, as one of the Members thereof, hereby
expresses its intent to assist a nearby member jurisdiction by assigning as appropriate so e of
its personnel equipment or material resources to the requesting member jurisdiction as
situations allow; and
WHEREAS, said Service Agreement is authorized by the Illinois Emergency
Management Act, Section 3305/13 which allows for the participation in various mutual aid
agreements; and
WHEREAS, it is in the best interests of the Village to provide as much as possible for
assistance to the residents oft the Village and other Members of said u al Aid Service
Agreement.
GROVE ,AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO COOK AND LAKE COUNTIES,
ILLINOIS as s:
Section 1. That the above and foregoing recitals are incorporated as findings of fact
in this Resolution.
Section 2. That the Village of Buffalo Grove, a body politic,may participate as a
Member of the Illinois Emergency Management Mutual Aid System pursuant to that
certain Mutual Aid Intergovernmental Service Agreement ("Agreement") is is
attached to this Resolution and incorporated herein and identified as "Exhibit A".
Section 3. That the Village President be and is hereby authorized to execute, on
behalf of the Village of Buffalo Grove the Agreement and that the Village Clerk is
authorized to attest to said Agreement.
AYES: 6—Berinan. Triffii L, Stein, Otteiiheiiner, Weideqfc1djohnsoll
NAYS- 0 - one
ABSENT: 0 -None
PASSED: October 17, 2016.
APPROVED- October 17, 2016.
APPROVED:
2WLM 144r,�U,
Beverly SUSSi(jil', Village President
ATTEST:
YY\
Janet 97ir7b-dan,Village Clerk
9/30/2016 EXHIBIT
Illinois t
MUTUAL AID SYSTEM
AGREEMENT
This Agreement made and entered into the date set forth next to the signature of the
respective parties, by and between the units of local government subscribed hereto (hereafter
"Unit(s)" that have approved this Agreement and adopted same in manner as provided by law
and are hereafter listed at the end of this Agreement.
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
y manner not prohibited by law or ordinance;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 and enjoyed jointly with any other unit of local
government; and,
WHEREAS, Section S of the Intergovernmental Cooperation Act, 5 ILCS 220/5,
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,
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WHEREAS, the parties hereto have determined that it is in their best interests to enter
into this Agreement to secure to each the benefits of mutual aid in emergency management and
the protection of life and property from an emergency or disaster; and,
WHEREAS, the parties hereto have determined that it is in their best interests to form
an association to provide for communications procedures, training and other necessary functions
to further the provision of said protection of life and property from an emergency or disaster.
NOW, THEREFORE, in consideration of the foregoing recitals, the Unit's membership
in the Illinois Emergency Management Mutual Aid System (IEMMAS) and the covenants
contained herein, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION ONE
It is recognized and acknowledged that in certain situations, such as, but not limited to,
emergencies, natural disasters man-made catastrophes and special events, the use of an
individual Member Unit's personnel and equipment to perform functions outside the territorial
limits of the Member Unit is desirable and necessary to 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 Member Unit's personnel and equipment to perform
functions within the territorial limits of a Member Unit is desirable and necessary to preserve
and protect the health, safety and welfare of the public. Further, it is acknowledged that
coordination of mutual aid through the Illinois Emergency Management Mutual Aid System is
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desirable for the effective and efficient provision of mutual aid.
SECTION TWO
Definition's
For the purpose of this Agreement, the following terms as used in this agreement shall
be defined as follows:
A. "Illinois Emergency Management Mutual Aid System" (hereinafter referred to as
"I A "): A definite and prearranged plan whereby response and assistance
is provided to a affected/stricken Unit by the Aiding Unit(s) in accordance with
the system established and maintained by the I member Units and
amended from time to time;
B. "Member Unit": A unit of local government including but not limited to a city or
county having an Emergency Management Program accredited/certified by the
State of Illinois, or an intergovernmental agency and the units of which the
intergovernmental agency is comprised which is a party to the 1EMMAS
Agreement and has been appropriately authorized by the governing body to enter
into such agreement, and to comply with the rules and regulations of 1EMMAS;
C. "Affected/stricken Unit": A Member Unit which requests aid through the Illinois
Emergency Management Agency in the event of an emergency:
D. "Aiding Unit": A Member Unit ftimfishing equipment, personnel,
and/or services to an affected/stricken Unit;
E. "Emergency/Disaster": An occurrence or condition in a Member Unit's territorial
jurisdiction which results in a situation of such magnitude and/or consequence
that it cannot be adequately handled by the affected / stricken Unit and such that
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a Member Unit determines the necessity and advisability of requesting aid.
F "IEMA Regions": The geographically associated Member Units or unit of which
have been grouped for operational efficiency and representation of those Member
Units.
G. "Training": The regular scheduled practice of emergency procedures during non-
emergency drills/exercise to implement the necessary joint operations of IEMMAS.
H.
"IS MA-MST Committee": The governing body of IEMMAS is comprised of the
I Team Leaders and Assistant Team Leaders, of who are members of the
Illinois Emergency Services Management Association.
I. "Mobile Support Team": A group of emergency management personnel, who are
members of Member Units and who are approved by the I S Executive Board
and operate under guidelines as established by the IEMMAS Executive Board.
J. "Special Event": A non-routine event that places a strain on a Member Unit's
resources that may involve a large number of people and that such event requires
additional planning, preparation and mitigation for public safety.
SECTION THREE
Authority and Action to Effect Mutual
A. The Member Units hereby authorize and direct their respective EmergencyManager
Coordinator or his designee to take necessary and proper action to render and/or
request mutual aid from the other Member Units in accordance with the policies and
procedures established and maintained by the 1EMMAS Member Units. The aid rendered
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shall be to the extent of available personnel and equipment not required for adequate
protection of the territorial limits of the Aiding Unit. The judgment of the Emergency
Manager/ Coordinator, or his designee, of the Aiding Unit shall be final as to the personnel
and equipment available to render aid.
B. Whenever an emergency / disaster or special event occurs and conditions are such
that the Emergency Manager / Coordinator, or his designee, of the affected / stricken
Unit determines it advisable to request aid pursuant to this Agreement he shall notify
IEMA of the nature and location of the emergency / disaster/ special event and the
type and amount of equipment and personnel and/or services requested from the
IEMMAS, including the activation of Mobile Support Teams.
C. The Emergency Manager/ Coordinator, or his designee, of the Aiding Unit shall take
the following action immediately upon being requested for aid:
I Establish the incident command system at the site of the emergency.
2. Determine what equipment, personnel and/or services is requested according
to the system maintained by IEMMAS.-
3. Determine if the requested equipment, personnel, and/or services can be
committed in response to the request from the affects stricken Unit;
4. Dispatch immediately the requested equipment, personnel and/or services, to
the extent available, to the location of the emergency reported by the
affected/stricken unit in accordance with the procedures of IEMMAS;
5. Notify the affected / stricken unit if any or all of the requested equipment,
personnel and/or services cannot be provided.
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SECTION FOUR
I cident ManagementSvstem
The National Incident Management System shall be the standard under which this
Agreement shall function. The purpose of the incident management system shall be to provide
structure and coordination to the management of emergency incident operations in order to
provide for the safety and health of emergency service organization personnel and other persons
involved in those activities. Personnel dispatched to aid a party pursuant to this Agreement
shall remain employees of the Aiding Unit. Personnel rendering aid shall report for direction
and assi ent at the scene of the emergency to the State Incident Commander at the Forward
Command Post. The party rendering aid shall at all times have the right to withdraw any and all
aid upon the order of its Emergency Manager/ Coordinator or his designee; provided, however,
that the party withdrawing such aid shall notify the State Incident Commander at the Forward
Command Post of the withdrawal of such aid and the extent of such withdrawal.
SECTION FIVE
Compensation for Aid
Equipment, personnel, and/or services provided pursuant to this Agreement shall be at
no charge to the party requesting aid; however, any expenses recoverable from third parties shall
be equitably distributed among responding parties. Nothing herein shall operate to bar any
recovery of funds from any state or federal agency under any existing statutes.
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SECTION SIX
Insurance
Each party hereto shall procure and maintain, at its sole and exclusive expense,
insurance coverage, including: personal injury, property damage. No party hereto shall have any
obligation to provide or extend insurance coverage for any of the items enumerated herein to any
other party hereto or its personnel. The State of Illinois shall provide workman compensation
and comprehensive liability insurance. Upon request, Member Units shall provide such
evidence as herein provided to the IEMMAS members.
SECTION SEVEN
Indemnification
Each party hereto agrees to waive all claims against all other parties hereto for any loss,
damage, personal injury or death occurring in consequence of the performance of this Mutual
Aid Agreement; provided, however, that such claim is not a result of gross negligence or willful
misconduct by a party hereto or its personnel.
Each party requesting or providing aid pursuant to this Agreement hereby expressly
agrees to hold harmless, indemnify and defend the party 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 fees and costs that may arise from providing aid
pursuant to this Agreement. Provided, however, that all employee benefits, wage and disability
payments, pensions, worker's compensation claims, damage to or destruction of equipment and
clothing, and medical expenses of the party rendering aid shall be the sole and exclusive
responsibility of the respective party for its employees, provided, however, that such claims
made by a third party are not the result of gross negligence or willful misconduct on the part of
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the party rendering aid.
The obligations and duties set forth in this Section shall survive the end or termination of
this Mutual Aid Agreement.
SECTIONEIGHT
Now--Liabilily for Failure to Wender Aid
The rendering of assistance under the terms of this Agreement shall not be mandatory if
local conditions of the Aiding Unit prohibit response. It is the responsibility of the Aiding Unit
to immediately notify the affected / stricken unit of the Aiding Unit's inability to respond;
however, failure to immediately notify the affected / stricken unit of such inability to respond
shall not constitute evidence of noncompliance with the terms of this section and no liability
may be assigned.
No liability of any kind or nature shall be attributed to or be assumed, whether expressly
or implied, by a party hereto, its duly authorized agents and personnel, for failure or refusal to
render aid. Nor shall there be any liability of a party for withdrawal of aid once provided
pursuant to the terms of this Agreement.
SECTION NINE
jeLm
This Agreement shall be in effect for a to 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 party hereto may terminate its participation in this Agreement at any time, provided
that the party wishing to terminate its participation in this Agreement shall give written notice to
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the I S specifying the date of termination, such notice to be given at least 90 calendar
days prior to the specified date of termination of participation. The written notice provided
herein shall be given by personal delivery, registered mail or certifiedmail.
SECTION TEN
Effectiveness
This Agreement shall be in full force and effective upon approval by the parties hereto in
the manner provided by law and upon proper execution hereof
SECTION ELEVEN
Biridiiig Effect
This Agreement shall be binding upon and inure to the benefit of any successor of entity
which may assume the obligations of any party hereto. Provided, however, that this Agreement
may not be assigned by a Member Unit without prior written consent of the parties hereto; and
this Agreement shall not be assigned by IEMMAS without prior written consent of the parties
hereto.
SECTION TWELVE
Validi
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 modified by court order.
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SEC TIONTHIRTEEN
Nolices
All notices hereunder shall be in writing and shall be served personally, by registered
mail or certified mail to the parties at such addresses as may be designated from time to time on
the IEMMAS mailing lists or, to other such addresses as shall be agreed upon.
SECTIONFOURTEEN
Governing Law
This Agreement shall be governed, interpreted and construed in accordance with the laws
of the State of Illinois.
SECTIONFIFTEEN
Execution in Counterparts
This Agreement may be executed in multiple counterparts or duplicate originals, each of
which shall constitute and be deemed as one and the same document.
SECTION SIXTEEN
LKSMA-M,51 Cornmittee
The IESMA-MST Committee is hereby identified as the authority to consider, adopt and
amend from time to time, as needed, rules, procedures, by-laws and any other matters deemed
necessary. The IESMA-MST Committee shall consist of 3 members appointed from within
each I region, who shall serve as the voting representative of said region on I
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matters, and may appoint a designee to serve temporarily in his stead. Such designee shall be
from within the respective region and shall have all rights and privileges attendant to a
representative of that region. The IESMA Executive Board as provided for in the by laws shall
coordinate the activities of the IEMMAS.
SECTION SEVENTEEN
Puties Qf the fENMA-MST Committee
The IESMA-MST Committee shall meet regularly to conduct business and to consider
and publish the rules and procedures of the IEMMAS.
SECTIONEIGHTEEN
Rules and Procedures
Rules, procedures of the IEMMAS shall be established by the IESMA-MST Committee
as deemed necessary from time to time for the purpose of administrative functions, the exchange
of information and the common welfare of the IEMMAS.
SECTIONNINETEEN
Amendments
This Agreement may only be amended by written consent of all the parties hereto. This
shall not preclude the amendment of rules, procedures of the IEMMAS as established by the
IESMA-MST Committee to this Agreement. The undersigned unit of local government or
public agency hereby has adopted, and subscribes to, and approves this MUTUAL AID
SYSTEM Agreement to which this signature page will be attached, and agrees to be a party
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thereto and be bound by the terms thereof.
This Signatory certifies that this Illinois Emergency Management Mutual Aid System
Agreement has been adopted and approved by ordinance, resolution, or other manner approved
by law, a copy of which document is attached hereto.
— 107
z6—
President DATE
Illinois Emergency Service Management Association
1//
IEMMAS--i',kairpe`r DATE'
Village of Buffalo Grove
Beverly Suss an, Village President DATE
ATTEST:
Janet Sirabian, Village Clerk DATE
I
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