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R-01A-08 01/14/2008RESOLUTION NO. P. c - - of a. NON - EMERGENCY MUTUAL AID IN PUBLIC WORKS WHEREAS, the Public Works Advisory Committees' of the South Suburban Mayors and Managers Association (SSMMA), the Northwest Municipal Conference (NWMC), the West Central Municipal Conference (WCMC) and the Southwest Conference of Mayors ($CM) have recognized the need to develop a joint mutual aid agreement for the purpose of equipment and personnel sharing; and WHEREAS, the SSMMA, NWMC, WCMC and the SCM join together in situations which requires assistance from other participating member municipalities and townships in the form of personnel, equipment and material resources; and WHEREAS, the SSMMA, NWMC, WCMC, and the SCM 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 ci vi( {age ownship of T opnnt _ gives full support and approval to the ortheastern Illinois Mutual Aid Network Public Works Non - Emergency Intergovernmental Service Agreement, and authorizes its presiding officer to execute said agreement; and BE IT FURTHER RESOLVED, the discretion for equipment use and general assistance is the prerogative of the Director of the Department of Public Works or his designee as provided for in the NEIMAN Service Agreement. BE IT FINALLY RESOLVED that this Resolution shall be in full force and effect from and after its passage and approval as provided by law, Passed and approved this the year 20_oa. 14th day of January in Signatu John F. P President Charlene Smollen Village Clerk Title NORTHEASTERN ILLINOIS MUTUAL AID NETWORK NON - EMERGENCY MUTUAL AID PUBLIC WORKS 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 Departments 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. Aiding Member: A Member from whom Mutual Aid is requested in the event of a public works Situation in another Member's jurisdiction. 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. 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. 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: 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. Assisted Member: A Member which requests aid in the event of a work situation 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. 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. 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. Upon receipt of a request for Mutual Aid, the Director of Public Works for that Member shall immediately: 1. 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 - JURISDICITION 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 Non - 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.1 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 - COMPENSENATION 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 2 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. 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, 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. C. 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 3 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 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 dqument is attached hereto. BY: Village/ ty Manager /Adminis( ttlQ&VQ eQULt(Or 1- CityNillage of 1 (4 06 Date of Signature ATTEST: V.929/City a29/City Clerk 1• 14 -o Date of Signature 4