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O-32-99 04/12/1999VILLAGE OF LEMONT ORDINANCE NO.0 "1- ORDINANCE APPROVING EMERGENCY MUTUAL AID INTERGOVERNMENTAL SERVICE AGREEMENT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 12th day of April , 1999. 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 12th day of April , 1999 ORDINANCEI 3c 4 ORDINANCE APPROVING EMERGENCY MUTUAL AID INTERGOVERNMENTAL SERVICE AGREEMENT WHEREAS, the Southwest Council of Mayors Public Works Directors Committee has been exploring and promoting programs and policies of mutual interest since 1996; and WHEREAS, the incidence of natural and man-made disasters in the suburban area offers particular concern for the local governments and residents in need of immediate and sustained relief in times of emergency; and WHEREAS, most emergency situations require large and timely concentrations of public works personnel and appropriate equipment for such relief; and WHEREAS, the Council has developed an area -wide mutual aid service agreement for emergency action in the area of public works; and WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorized municipalities to contract with other municipalities to obtain or share services and exercise, combine or transfer any power or function not prohibited by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act (5ILCS 220/1 et seq.) Authorized municipalities to enter into contracts with the State or other municipalities for the joint provision of municipal services or activities. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, that the Village President and Village Clerk are hereby authorized and directed to execute the attached Public Works Emergency Mutual Aid Intergovernmental Service Agreement which Agreement is hereby made a part hereof. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS on this 12th day of April , 1999. Bushman Latz Markiewicz Rimbo Schobert Studebaker Approved by me this 12th day of Attest: AYES NAYS PASSED ABSENT v v' V /Jr ENE SMOLLEN, Village Clerk 1999. Approved as to / Village Attorney Date: Village President Mutual Aid Agreement, p.1 2/221'99 SOUTHWEST COUNCIL OF MAYORS PUBLIC WORKS EMERGENCY MUTUAL AID INTERGOVERNMENTAL SERVICE AGREEMENT SECTION ONE - PURPOSE The Southwest Council Public Works Emergency Mutual Aid Service Agreement (the "Service Agreement ") which has been adopted by member municipalities is made in recognition of the fact that natural or man -made occurrences may result in situations requiring municipal public works services which exceed the ability of an individual municipality. In adopting the Service Agreement, each member expresses its intent to assist its nearby member jurisdictions by assigning personnel, equipment, and material resources to an affected municipality as specific situations allow. This Agreement permits the Public Works Departments of each member to more fully safeguard the lives, persons, and property of the citizens of Member municipalities. SECTION TWO - DEFINITIONS For the purpose of this Service Agreement, terms are defined as follows: A. "Emergency ": An unforeseen or sudden event or condition arising in a Member's territorial jurisdiction, or arising when transporting equipment, or vehicles through another Member's jurisdiction, which results in an insufficiency of Public Works personnel, equipment, materials, or other related services such that the Member determines that it is necessary and advisable to request aid. B. "Incident Coordinator" - The person or alternate having the responsibility for Public Works functions and emergencies. C. "Member ": A unit of local government that is a party to this Agreement. Member includes Stricken Member and Aiding Member as defined below. D. "Mutual Aid ": Emergency responses and assistance to a Stricken Member by an Aiding Member in the form of Public Works personnel, equipment, materials, or other related services and resources. E. "Stricken Member ": A Member, which requests aid in event of an Emergency. F. "Aiding Member ": A Member from whom a Stricken Member in the event of an Emergency requests Mutual Aid. G. "Member Board ": The elected board of a member unit of local government. H. "Director of Public Works ": That individual, by whatever title, who is designated by the Board Mutual Aid Agreement, p. 2 2/22/99 of a °Member to take responsibility for public works services. SECTION THREE - AUTHORITY AND ACTION TO EFFECT MUTUAL AID A. Each Member hereby authorizes and directs its Public Works Director or an individual designated by its Board to render and/or request Mutual Aid to or from the other Members in accordance with the written policies and procedures which may be established from time to time by the Director of Public Works of Member jurisdictions. The Mutual Aid rendered shall be provided to the extent of available personnel, equipment and materials not required for adequate servicing of the Aiding Member. The judgement of the Director of Public Works of the Aiding Member shall be final as to the personnel; equipment and materials ( available) needed for adequate servicing of the Aiding Member. B. Whenever a Stricken Member requests Mutual Aid pursuant to this Service Agreement, the Stricken Member's Director of Public Works shall notify any or 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. C. Upon receipt of a request for Mutual Aid, the Director of Public Works shall immediately: 1. Determine the extent, if any, to which requested personnel, equipment and materials are available for Mutual Aid. 2. Dispatch the requested personnel, equipment and materials, to the extent available, to the location of the occurrence reported by the Stricken Member. 3. Notify the Director of Public Works of the Stricken Member, or his designee, orally, in writing, or by any other reasonable means if any or 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 a Stricken Member pursuant to this Service Agreement shall remain employees of the Aiding Member. Personnel rendering emergency Mutual Aid shall report for direction and assignment to the Director of Public Works of the Stricken Member and shall perform only such work assigned by the Director of Public Works of the Stricken Member, or his designee. However, both the Aiding Member and the Stricken 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 or 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 Stricken Member orally, in writing, or by any other reasonable means of the withdrawal of Mutual Aid Agreement, p. 3 2/22/99 such Mutual Aid and the extent of such withdrawal. B. Each Member agrees to submit, as a condition of membership, resource lists of manpower and equipment in a form prescribed by the SWC. SECTION FIVE - COMPENSATION FOR MUTUAL AID A. Except to the extent recovered through State or Federal Aid, personnel equipment and/or services provided pursuant to this Service Agreement shall not be reimbursed, recovered, or paid for by the Stricken Member. Only the cost of materials used and furnished by the Aiding Member shall be reimbursed by the Stricken Member unless other mutually acceptable arrangements have been agreed upon in writing between the parties. All amounts recovered from third parties shall be equitably distributed among the Stricken Member and the Aiding Members within 30 days after receipt. Nothing herein shall preclude a Stricken, or Aiding Member from seeking a recovery of funds from any State or Federal Agency. B. All Members agree to cooperate regarding the obtaining of State and Federal funds. Each Member shall maintain accurate records and documentation of all labor, equipment, materials, and related expenses associated with the rendering of mutual aid covered by this agreement. Copies shall be made available to Members upon request. SECTION SIX - INSURANCE A. Each Member agrees to maintain at it 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 stand -alone self- insurance plan or an intergovernmental risk pool. B. A Stricken 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 Stricken Member requesting Mutual Aid in an Emergency pursuant to this Service Agreement hereby agrees to indemnify, defend, and hold harmless all Aiding Members and the officials, employees, agents, attorneys, representatives and servants of each Aiding Member providing the requested aid without limitation from all claims, demands, liability, damages, injury, causes of action, suits in law or in equity, costs and expenses which may arise out of, or which may in any manner relate to such Emergency. This indemnification shall include attorney's fees and costs, which in any manner arise from providing Mutual Aid pursuant hereto. B. Each Member receiving or rendering Mutual Aid in an Emergency hereby waives any and Mutual Aid Agreement, p. 4 2/22/99 all claims against any other Member, its officials, employees, agents, attorneys, representatives and servants for compensation for any and all losses, claims, costs, expenses and, damages, including without limitation, property damage, personal injury or death arising in consequence of rendering or refusing to render of Mutual Aid during such Emergency. C. Each Member providing aid pursuant hereto, shall remain solely and exclusively responsible for damage to equipment or clothing, medical expenses, employee benefits, wage and disability payments, pensions, and workers' compensation claims for its employees. D. Should an employee of a Member make a claim or file a lawsuit for injuries or damages sustained during the course of participation under this Agreement, the Member employer shall indemnify, defend, and hold harmless each other Member from such claims and lawsuits without limitation. SECTION EIGHT - NON - LIABILITY FOR FAILURE TO RENDER MUTUAL AID No Member, or its officials, employees, agents, attorneys, representatives, or servants shall be liable to any other Member, (whether) either expressly or impliedly, for its failure or refusal to render Mutual Aid pursuant hereto (nor) or for the withdrawal of Mutual Aid in whole or in part. SECTION NINE - EFFECTIVE DATE OF ORDINANCE AND SERVICE AGREEMENT Each municipality wishing to be a party to this agreement shall adopt an ordinance substantially identical to the ordinance attached hereto (that ordinance being incorporated by reference herein). This agreement is effective upon SWC's receipt of the third municipal ordinance. Thereafter, any unit of local government may become a Member by delivery to the SWC a properly adopted ordinance substantially in the form attached and a properly executed copy hereof. SECTION TEN - TERMINATION A. This Service Agreement shall remain in full force and effect until it is terminated as provided in this section. B. Any Member may terminate its participation herein by delivery by certified mail., return receipt requested, a written notice expressly setting forth the effective date of termination to the SWC and the Public Works Director of each Member. No effective date shall be fewer than (90) 30 days from the date of delivery and the termination date must coincide with the last day of a calendar month. C. This Service Agreement shall be deemed to be of no force or effect whenever there are fewer than three Members. SECTION ELEVEN - AMENDMENT Mutual Aid Agreement, p. S 2122A9 This Service Agreement may be amended upon the passage of three fourths of the Members of substantially identical ordinances and the proper execution by the Board or the Members of a new Service Agreement. No amendment shall be effective until 14 days has elapsed from the delivery to the SWC of the last required ordinance and the last required Service Agreement. Upon receipt and in a timely manner, the SWC shall notify each Member of the amendment. SECTION TWELVE - SEVERABILITY If any provision of this Service Agreement is 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 hereof shall be interpreted, applied, and enforced so as to achieve, the purpose 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 counterpart. AUTHORIZATION The undersigned unit of local government hereby subscribes and approves the Public Works Emergency 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 that this Service Agree mer tt has been adopted and approved by ordinance, a copy of which ument is hed hereto. r or Village President) tine �_ Maniipali (2.16) Date of Signature Attest: ( Clerk, Secretary)