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R-70-08 Resolution LEMA MutualRESOLUTION # &.lo -0 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 LEMONT AND THE ILLINOIS EMERGENCY SERVICES MANAGEMENT ASSOCIATION FOR THE ESTABLISHMENT OF A MUTUAL AID INTERGOVERNMENTAL SERVICE AGREEMENT WHEREAS, the Village of Lemont has long since, pursuant to Ordinance, established an Emergency Management Agency / Emergency Services and Disaster Agency of the Village of Lemont 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 Lemont Emergency Management Agency / Emergency Services and Disaster Agency to deal effectively with in terms of personnel, equipment and material resources; and WHEREAS, in adopting the Illinois Emergency Management Mutual Aid System Intergovernmental Service Agreement the Village of Lemont, as one of the Members thereof, hereby expresses its intent to assist a nearby member jurisdiction by assigning as appropriate some of its personnel equipment or material resources to the requesting member municipality as situations allow; and WHEREAS, said Service Agreement is authorized by the Illinois Emergency Management Act, Section 3305/13 and pursuant to the Ordinances of the Village of Lemont allowing for the participation in various mutual aid agreements; and WHEREAS, it is in the best interests of the Village of Lemont to provide as much as possible for assistance to the residents of the Village of Lemont and other Members of said Mutual Aid Service Agreement. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows: Section 1: That the above and foregoing recitals are incorporated as findings of fact in this Resolution. Section 2: That the Village of Lemont, 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 which is attached to this Resolution hereto 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 Lemont, said Agreement and that the Village Clerk is authorized to attest to said Agreement. EXECUTED and APPROVED this 6t day of , 2008. APPROVED: 41,411611-- a J; hn F. Piazza, Village ' esident ATTEST: Ch4riene Smollen, Village Clerk Illinois Emergency Management 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 any 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 5 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, 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 Purpose It is recognized and acknowledged that in certain situations, such as, but not limited to, emergencies, natural disasters and man-made catastrophes, 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 andquipment 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 desirable for the effective and efficient provision of mutual aid. SECTION TWO Definitions 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 "IEMMAS "): 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 IEMMAS 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 IEMMAS Agreement and has been appropriately authorized by the governing body to enter into such agreement, and to comply with the rules and regulations of; IEMMAS 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 furnishing 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 a Member Unit determines the necessity and advisability of requ9st.g 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. "Executive Board ": The governing body of IEMMAS is comprised of the IEMMAS Team Leaders and Assistant Team Leaders, of whom are members of the Illinois Emergency Services Management Association. SECTION THREE Authority and Action to Effect Mutual Aid A. The Member Units hereby authorize and direct their respective Emergency Manager / 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 IEMMAS Member Units. The aid rendered 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 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 and the type and amount of equipment and personnel and/or services requested from the IEMMAS. C. The Emergency Manager / Coordinator, or his designee, of the Aiding Unit shall take the following action immediately upon being requested for aid: 1. 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 affected/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. SECTION FOUR Incident Management System 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 assignment 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 designevided, 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. 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 Indemnition n 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 the party rendering aid. SECTION EIGHT Non - Liability for Failure to Render 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 no}}eoip tliance 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 f jure 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 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 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 the IEMMAS 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 certified mail. 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 Binding 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 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 modified by court order. SECTION THIRTEEN Notices 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. SECTION FOURTEEN Governing Law This Agreement shall be governed, intemreted and construed in accordance with the laws of the State of Illinois. SECTION FIFTEEN Execution in Counterparts This Agreement may be executed in multiple counterparts or duplicate originals, each of which shall constitate and be deemed as one and the same document. SECTION SIXTEEN Executive Board of LEMMAS The Executive Board of IESMA 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 Executive Board shall consist of 3 members appointed from within each IEMMAS who shall serve as the voting representative of said region on IEMMAS 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 Duties of the Executive Board The Executive Board shall meet regularly to conduct business and to consider and publish the rules and procedures of the IEMMAS. SECTION EIGHTEEN Ruks„and Procedures Rules, procedures of* IEMMAS shall be established by the Executive Board as deemed necessary from time to time for the purpose of administrative functions, the exchange pf information and the common welfare of the IEMMAS. SECTION NINETEEN Amendlyp s 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 Executive Board to this Agreement. The undersigned unit of local government or p .blic agency hereby has adopted, and subscribes to, and approves this MUTUAL Alit, SYSJ'EM Agrecipent to which this signature page will be attached, and agrees to be a party thereto 04 be 1rrund by tly term thmo 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. f ; ( oG' (e pn }- Illinois Emergency Service Management Political Entity Association President Date Date IEMMAS Chairperson Date ATTEST: ATTEST: Title Daft Date IEMM S JLLINOiS CITY- VILLAGE- DISTRICT - AGREEMENT