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O-17-02 04/08/02VILLAGE OF LEMONT ORDINANCE NO. 0- ! 7 -o, ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR HEALTH INSPECTORS MUTUAL AID ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 8" day of April , 2002. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this 94, day of Apri 1 , 2002. ORDINANCE 0 -17. mA ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FO R HEALTH INSPECTORS MUTUAL AID WHEREAS, the President and Board of Trustees have deemed it in the community's best interest to enter into a Mutual Aid Intergovernmental Agreement for health inspections, attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, the Agreement will assist the Village of Lemont in recognition that, at a given time, emergency situations may occur that are beyond the ability of an individual municipality's health inspector(s) to deal with effectively in terms of personnel, equipment and material resources. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, that the Village Board of Trustees authorizes the President and Clerk to sign the attached Agreement. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES, ILLINOIS ON THIS 8 44^ DAY OF 2002. AYES NAYS PASSED ABSENT V John Benik v Debbie Blatzer Peter Coules Connie Markiewicz Steven Rosendahl trj Jeanette Virgilio Approved by me this 2 day of PrA , 2002 Attest: i proved as to CHARLENE SMOI .I EN, Village Clerk Village Attorney EXIT A CHICAGO SOUTHLAND HEALTH INSPECTORS MUTUAL AID INTERGOVERNMENTAL SERVICE AGREEMENT SECTION ONE — PURPOSE This Mutual Aid Intergovernmental Service Agreement is to be adopted by Chicago Southland municipalities in recognition that at a given time emergency situations may occur that are beyond the ability of an individual municipality's health inspector to deal with effectively in terms of personnel, equipment and material resources. In adopting the Service Agreement, each Member expresses its intent to assist a nearby member jurisdiction by assigning some of its personnel, equipment or material resources to the affected municipality as situations allow. The specific intent of this Service Agreement is to permit health inspectors of each municipality to more fully safeguard the lives, persons and property of all citizens. This Service Agreement is an Intergovernmental Agreement as authorized by Article VII, Section 11 of the Illinois Constitution and Intergovernmental Cooperation Act, 5ILCS 220 /1 et seq. SECTION TWO- DEFINITIONS A. "Member ": B. "Mutual Aid ": C. "Requesting Member ": D. "Responding Member ": E. "Chief Health Inspector ": F. "Official -in- Charge ": G. "Directing Official ": A municipality having a health inspector that is party to this Service Agreement. The mobilization of health inspectors to help one another, especially in an emergency situation beyond the facilities or control of any one health inspector. The Member municipality where an emergency occurs of such magnitude that it cannot be adequately handled by the health inspector of the Member. A Member furnishing personnel, equipment, material, or other related services and resources. The individual having primary responsibility for health inspection functions as generally defined. The official who is in charge of the Member at the time a request for assistance is made or responded to. The person responsible for managing a specific emergency incident. H. "South Suburban Mayors & Managers Association ": A not for profit corporation providing information and technical services to municipalities south of the City of Chicago in Cook and northeastern Will Counties, located at 1904 W. 174th Street, East Hazel Crest, IL 60429. I. "Southwest Council of Mayors ": A not for profit corporation providing information and technical services to municipalities southwest of the City of Chicago in Cook County, located at 14700 S. Ravinia, Orland Park, IL 60462. J. "Chicago Southland ": Governments in the area south and southwest of the City of Chicago in Cook and northeastern Will Counties, Illinois. SECTION THREE — AUTHORITY AND ACTION TO EFIM T MUTUAL AID A. Each Member shall name a hierarchy of at least three (3) persons to serve in each others' absence as the "Official-in-Charge" and as the "Directing Official" and shall provide those names, and updated information on persons filling those positions, to the South Suburban Mayors and Managers Association for distribution. Each member hereby authorizes its "Official -in- Charge" to render and/or request Mutual Aid to and from other Members in accordance with the policies and procedures established by the member jurisdictions. The Mutual Aid rendered shall be to the extent of available personnel, equipment and materials not immediately required for adequate servicing of the Responding Member. The judgment of the "Official -in- Charge" of the Responding Member shall be final as to personnel, equipment and materials available. B. Upon the receipt of a request for Mutual Aid, the "Official -in- Charge" present shall immediately: 1. Determine which requested personnel, equipment and materials are available for Mutual Aid. 2. Determine if requested equipment and personnel can be committed in response to the Requesting Member. 3. Dispatch the equipment, personnel, and materials to the Requesting Member. C. Rendering assistance under the terms of this Mutual Aid Agreement shall not be mandatory if local conditions prohibit response. In that event it is the responsibility of the Responding Member to immediately notify the Requesting Member. SECTION FOUR — JURISDICTION OVER PERSONNEL AND EQUIPMENT Personnel rendering Mutual Aid shall report for direction and assignment to the "Directing Official" present of the Requesting Member or to a predetermined staging area and await assignment. The Commander at the emergency of the Requesting Municipality shall assume full responsibility and command for operations at the scene. The Commander will assign personnel and equipment of the Responding Members to positions when and where deemed necessary. SECTION FIVE— COMPENSATION Personnel, equipment and/or services provided pursuant to this Service Agreement shall be at no charge to the Requesting Member. The cost of materials used by the Requesting Member and furnished by the Responding Member shall not be reimbursed by the Requesting Member unless other mutually acceptable arrangements have been agreed upon in writing between the parties. However, any amounts recovered from public or private third parties shall be equitably distributed between the Requesting Member and the Responding Member within 30 days after receipt of such amounts. Nothing herein shall preclude a Requesting or Responding Member from seeking a recovery of funds from any State or Federal Agency under any existing statute. SECTION SIX—INDEMNIFICATION A. Except as provided by law, each Requesting Member hereby requesting Mutual Aid pursuant to this Service Agreement hereby expressly agrees to indemnify, defend and hold harmless any and all Responding Members providing Mutual Aid and their officers, officials, employees, agents, attorneys, and representatives from any and all third -party claims, demands, liability, damages, injury, causes of action, suits in law or in equity, costs and expenses which may arise out of or may be related to such police emergency occurrence. These indemnities shall include attorneys' fees and costs that may arise from rendering Mutual Aid pursuant to this Service Agreement provided, however, that the total extent of indemnification including the costs of defense shall be limited to the greater of the following: 1. The $500,000 limits of liability in Chapter 65, Section 5/1 -4 -6 of the Illinois Compiled Statutes. 2. The $500,000 limits of liability for such an occurrence established by a self - insurance pool of which the liable municipality is a member. 3. The limits of liability of any insurance policy that provides coverage to the municipality for the claim. It is the intention of the parties that this agreement for indemnification is an agreement between local public entities as authorized by Article VII of the Local Governmental and Governmental Employees Tort Immunity Act, and not an agreement for indemnification for construction as prohibited by the Construction Contract Indemnification for Negligence Act. B. Except as to claims brought pursuant to this Service Agreement, each Member receiving or rendering Mutual Aid hereby waives any and all claims against any other Member, its officers, agents, representatives, and employees from compensation for any and all losses, claims, costs, expenses (including but not limited to, attorneys' fees), damages, personal injury or death arising as a consequence of the performance of Mutual Aid. C. Each Member, whether a Responding Member or Requesting 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 be solely and exclusively responsible to pay for any damage to its equipment or clothing of and any medical expenses incurred by, any of its employees in connection with the rendering of Mutual Aid. SECTION SEVEN —NON LIABILITY FOR FAILURE TO RENDER MUTUAL AID No municipality shall be liable to another municipality for faihure to render aid or the withdrawal of aid once furnished pursuant to this agreement. SECTION EIGHT — INSURANCE A. Each Member agrees, at its sole expense, to obtain and maintain insurance that includes comprehensive, general liability (with broad form property damage endorsement), auto liability, property damage and casualty, workers' compensation and, if applicable, professional malpractice, upon such terms that in each Member's judgment is best for the protection of itself, its personnel, its officers, and its 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 Requesting Member shall have no obligation under this agreement to provide or extend insurance coverage to insure against injury to the personnel, or damage to the property, or equipment of any Responding Member. SECTION NINE— EFFECTIVE DATE OF RESOLUTION AND SERVICE AGREEMEENT This Service Agreement shall be in full force and effect upon approval in the manner provided by law by no less than two Members from the Chicago Southland which elect to participate in this Service Agreement by the passage of an ordinance or resolution in substantially the form attached hereto (the "Resolution "), and upon proper execution of the then current Service Agreement and delivery of such Resolution and Service Agreement to the South Suburban Mayors and Managers Association (SSMMA). After the Service Agreement is in force, any other municipality may become a Member upon approval, execution and delivery of the Resolution and this Service Agreement to the SSMMA. The SSMMA shall maintain a current list of all Members. SECTION TEN —TERM; TERMINATION 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. A Member may terminate its participation in this Service Agreement upon delivery of written notice to the SSMMA at least 30 days before that Member's termination date, which must coincide with the last day of a calendar month. Such notice shall either be personally delivered or sent by certified mail, return receipt requested. C. This Service Agreement shall terminate and shall be of no force and effect whenever there are fewer than two Members continuing to participate in this Service Agreement. D. After a member terminates its participation in this Service Agreement, it shall remain obligated for the fulfillment of those terms and conditions of membership that took place during the time that it participated as a member 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 SSMMA by the majority of the then- existing Members. Such amendment shall take effect seven business days after the SSMMA receives the required number of approved and signed instruments. The SSMMA shall thereafter notify each Member of such amendment Such amendments shall be applicable to all Members affected by its terms. 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 law 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 in the same document. AUTHORIZATION The undersigned unit of local government hereby subscribes and approves the Health Inspectors Mutual Aid Intergovernmental Service 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 or resolution, a copy of which document is attached hereto. CITY/VILLAGE OF L �,dei vtc S Witness: Date: et. % Z Witness: Date: Q - do - O OFFICIAL SEAL ROSEMAY YATES NOTARY PUBLIC, STATE, OF ILLINOIS MY COMMISSION EXPIRES 0. 12.2004 EXHIBIT B CHICAGO SOUTHLAND HEALTH INSPECTORS MUTUAL AID INTERGOVERNMENTAL SERVICE AGREEMENT OFFICIAL IN CHARGE - HIERARCY LIST John D. Fincham, MCO Building Commissioner (630) 257 -1581 James Farrell Building Inspector (630) 243-2701 Joseph Ostapchuck, CBO Building Inspector (630) 243- 2703 James Dougherty Building Inspector (630) 243- 2702 TO: FROM: RE: DATE: MAR - 271 cc : 3o1n„ ';hc1ela, SOUTHWEST CONFERENCE OF MAYORS MAYOR / PRESIDENT VICKY SMITH MUTUAL AID AGREEMENT FOR HEALTH INSPECTORS MARCH 6, 2002 At the request of the South Suburban Environmental Health Council, the Southwest Conference of Mayors, in cooperation with South Suburban Mayors & Managers Association, has developed a Mutual Aid Intergovernmental Agreement for health inspectors. This Agreement will enable communities to assist each other in emergency health situations that are "beyond the ability of an individual municipality's health inspector to deal with effectively in terms of personnel, equipment and material resources." The law offices of Klein, Thorpe and Jenkins, Ltd have reviewed the document. A copy is attached. Please contact your health inspector or me if you have any questions or if you want more information. Please let me know when your municipality adopts the Health Inspectors' Mutual Aid Agreement. I will keep a record if all participants, as well as a list of the three persons named by each municipality under Section 3 (A). The South Suburban Environmental Health Council includes health inspectors from communities in the south and southwest suburban region. I am distributing the Mutual Aid Agreement to members of SCM, and Karen Hoffshmidt will distribute copies to members of South Suburban Mayors and Managers Association. For your information, the following towns are represented in the South Suburban Environmental Health Council: Alsip. Bedford Park, Beecher. Blue Island, Bridgeview, Burbank. Burnham. Calumet City, Calumet Park, Chicago Heights, Chicago Ridge, Country Club Hills, Crestwood, Crete, Dixmoor, Dolton, East Hazel Crest, Evergreen Park, Flossmoor, Ford Heights, Forest View, Glenwood, Harvey, Hazel Crest, Hickory Hilts. Hometown, Homewood, Justice, Lansing, Lynwood, Markham, Matteson, Merrionette Park, Midlothian, Monee, Oak Forest, Oak Lawn, Olympia Fields, Orland Hills. Orland Park, Palos Heights, Palos Park, Park Forest, Posen, Richton Park, Robbins and Tinley Park. Please call me at (708)403 -6132 with any questions or comments. Please forward me a signed copy of your Agreement once you've decided to participate in the program Please mail it to the Southwest Conference of Mayors, 14700 South Ravinia Avenue, Orland Park, Illinois, 60462. Thank you!