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HomeMy WebLinkAboutRes 54-15 12/15/2015 Renewal of an Automatic Fire Department Mutual Aid Agreement with City of Des PlainesResolution No. 54-15 A RESOLUTION AUTHORIZING THE RENEWAL OF AN AUTOMATIC FIRE DEPARTMENT MUTUAL AID AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE CITY OF DES PLAINES WHEREAS, the Village of Mount Prospect is a member of the Mutual Aid Agreement between area municipalities which Agreement provides for emergency responses between Fire Departments; and WHEREAS, in 1988, the Village of Mount Prospect and the City of Des Plaines entered into an automatic aid agreement to provide reciprocal response to structural fire alarms and emergency responses; and WHEREAS, in order to provide additional services to the residents it has been deemed in the best interest of the residents of the Village of Mount Prospect to enter into an automatic response agreement between the Village and the City of Des Plaines; and WHEREAS, the renewal agreement for Automatic Aid Between Fire Departments (attached as Exhibit A) will provide essential manpower and equipment as needed in an emergency situation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and the Village Board hereby authorize the Village Manager to sign and the Clerk to attest his signature on the Automatic Aid Agreement between the Village of Mount Prospect and the City of Des Plaines. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Matuszak, Polit, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 15th day of December, 2015 ATTEST: i - Karen M. Agoranos Interim Deputy Village Clerk Arlene A. Juracek Mayor RENEWAL AGREEMENT FORM AUTOMATIC FIRE DEPARTMENT MUTUAL AID AGREEMENT BETWEEN THE VILLAGE OF MT. PROSPECT, ILLINOIS AND THE CITY OF DES PLAINES, ILLINOIS In accordance with 65 ILCS 5/11-6-1 of the Illinois Compiled Statutes, which empowers municipalities [and fire protection districts] to enter into "Mutual Aid Agreements," and in accordance with the Mutual Aid Box Alarm System (MABAS) Agreement entered into by the Village of Mt. Prospect and the City of Des Plaines in 1970 and renewed in 1988, the Village of Mt. Prospect and the City of Des Plaines (collectively, the "Ageneies'� agree to provide automatic mutual aid to each other on structural fire alarms and other emergency responses as follows: A. GENERAL CONDITIONS The Agency responding on an automatic mutual aid response to the other Agency with Fire and Emergency Medical Services ("EMS' equipment shall strive to staff a minimum of (a) three fire department personnel per engine or truck, and (b) two fire department personnel per ambulance or squad. 2. Although additional aid units may be requested, and may respond, only one fire suppression, rescue, or EMS unit from the Agency providing aid shall be required to respond at any one time under this Agreement. In the event that the unit due is unavailable (e.g., out of service, committed to another call), no backup or alternate unit from the Agency providing aid shall be required to respond. At all times, the Agency in whose jurisdiction the emergency exists will be in charge of, and responsible for, operations at the emergency scene. If the Agency providing aid is the first on the scene, the company officer or person -in -charge of that unit shall exercise his/her discretion as to the appropriate action to be taken. Upon the arrival of the first fire officer from the Agency having jurisdiction, command of the emergency scene shall be transferred in a smooth and efficient manner to that officer. Principles of the National Incident Management System (NIMS) and standard practices for Incident Command shall be utilized. 4, Each Agency shall be responsible for providing a communications system that allows for the immediate dispatching of all units due to respond from the assisting Agency, as well as apparatus -to -apparatus and company -to -Command communications during all incidents. Each Agency agrees to participate in training sessions between the Agencies. 6. Each Agency agrees that the general provisions of the MABAS Agreement apply to this Agreement, except as modified by this Agreement. T Each Agency shall bear its own costs and expenses arising from, and out of, services under this Agreement. Injuries to, or death of, personnel and/or damages to equipment shall be treated as if such injuries, death, or damage occurred within the jurisdiction of the Agency whose personnel or equipment are involved in such injuries, death or damage. C:IUserslKagorarcVAppDataltocailMicrosoftlWindowslTemporary Intemet FilestContent.OutiooklFA4GD39UO15 -11 • 12 Auto Aid Agreement with Mt Prospect.doc Each Agency agrees to waive all claims against the other for compensation for any loss, damage, personal injury, or death occurring as a result of performance pursuant to this Agreement. General liability insurance, personal injury insurance, and property/vehicle insurance shall be the responsibility of each individual Agency. B. RESPONSES Each Agency shall respond to the other pursuant to established and documented running orders, deployment plans, or run cards of the respective agencies, which running orders, deployment plans, or run cards may be modified from time -to -time; provided, however, that any such modification with respect to the provision of aid from the other Agency must be mutually agreed upon, in writing and in advance, by both Agencies. C. GOVERNING LAW AND SEVERABILITY This Agreement shall be governed, interpreted, and construed in accordance with the laws of the State of Illinois. 1 If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be stricken and shall not affect any other provision of this Agreement. D. TERMINATION OF AGREEMENT Either Agency may terminate this agreement by notifying the Fire Chief of the other Agency, in writing, 60 days prior to the termination date. E. TERM OF AGREEMENT This agreement shall be effective as of J A nJ u Arrz Y 18 . Zn ► to at O S oD hours and shall continue in full force until terminated by either Agency in accordance with Section D, above. VILLAGE OF MT. PROSPECT Michael Cassady, Vil age Manager CITY OF DES PLA!,YES Michael Bartholomew, City Manager Brian Lambel, Interim Fire Chief Alan Wax, Fire Chief APPROVEn AS TO FORM ONLY r nfJV'4'4.�� S ��a ot � ated C;1UsemkKagoranolAppOatalLocaAMicrosoftlWindowslTemporary Internet FileslContent.OuUooklFA4GO391VO15 -11 - 2 Auto Aid Agreement with Mt Prospect.doc HOLD HARMLESS AGREEMENT In consideration of the Village of Mount Prospect ("Mount Prospect") granting the City of Des Plaines ("Des Plaines") permission to use fire suppression vehicles and emergency medical services vehicles owned by Mount Prospect ("Emergency Vehicles") when such vehicles owned by Des Plaines are unavailable for use, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Mount Prospect and Des Plaines hereby agree as follows: 1. Assumption of Risk. To the extent permitted by law, and without waiving any immunity from liability to which Des Plaines is entitled by law, Des Plaines shall, and does hereby, assume the full risk of all injuries, including death, all damage to real and personal property, and all costs, damages, and losses that may arise from the use of the Emergency Vehicles, and the equipment thereon, by Des Plaines, whether or not caused in whole or in part by the negligence or wrongful acts of Des Plaines. 2. Indemnification. Des Plaines shall, and does hereby, agree to indemnify and hold harmless Mount Prospect, its officers, agents, representatives, attorneys, independent contractors, and employees from any and all claims, causes of action, suits, damages, demands, liabilities, losses, costs, expenses, or judgments arising in any manner out the use of the Emergency Vehicles, and the equipment thereon, by Des Plaines, whether or not caused in whole or in part by the negligence or wrongful acts of Des Plaines; provided, however that Des Plaines and Mount Prospect do not agree to waive any immunity from liability to which Des Plaines and Mount Prospect are entitled by law. 3. Repair. Des Plaines shall, and does hereby, agree to pay for any repair of damage to the Emergency Vehicles, or the equipment thereon, that is caused by the use of the Emergency Vehicles, and the equipment thereon, by Des Plaines. 4. Acknowledgment of Property Ownership. Des Plaines acknowledges and agrees that the Emergency Vehicles, and the equipment thereon, shall at all times remain the exclusive property of Mount Prospect. Dated this _ 1 � day of r, 206_. VILLAGE OF MOUNT PROSPECT By: Its: 1/� u.� f •Z. State of Illinois County of Coo Subscribed before me this day of 20,f by (seal) CITY OF DES PLAIN By: Its: C11 Jdj4A.,4 6, APPROVED AS TO FORM ONLI • plainis Qiar)aroii counso Dated