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HomeMy WebLinkAboutRes 59-01 11/20/2001vwr RESOLUTION NO. 59-01 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE NORTHEASTERN ILLINOIS MUTUAL AID NETWORK FOR NON-EMERGENCY MUTUAL AID WHEREAS, the Public Works Advisory Committees of the South Suburban Mayors and Managers Association ("SSMMA"), the Northwest Municipal Conference ("NWMC"), and the West Central Municipal Conference ("WCMC") have recognized the need to develop a joint mutual aid agreement for the purpose of equipment and personnel sharing; and WHEREAS, the SSMMA, NWMC, and the WCMC developed the Northeastern Illinois Mutual Aid Network ("NEIMAN") Public Works Non-Emergency Mutual Aid Service Agreement to address area-wide equipment and oersonnel exchange for non-emergency situations. WHEREAS, the SSMMA, NWMC, and the WCMC join together in situations which require assistance from other participating member municipalities and townships in the form of personnel, equipment and material resources; and 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 Board of Trustees of the Village of Mount Prospect do hereby authorize the Mayor to sign and the Clerk to attest his signature on the Intergovernmental Agreement between the Village of Mount Prospect and the Northeastern Illinois Mutual Aid Network for non-emergency assistance in the form of equipment and personnel sharing. SECTION TWO: That the Director of the Mount Prospect Public Works Department, or the Director's designee reserves the right to determine the extent of general assistance and equipment use as provided for in the NEIMAN Service Agreement, attached hereto and hereby made a part hereof as Exhibit "A". utual aid agrmt. Page 2/2 SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Corcoran, Hoefert, Skowron, Wilks, Zadel NAYS: None ABSENT: Lohrstorfer PASSED and APPROVED this 20th day of November, 2001. ATTEST: Village Clerk H:/G EN\flle$\WIN\RES~Aut ~ agrml,non-emergency alc 2001,doc PUBLIC WORKS NON-EMERGENCY MUTUAL AID INTERGOVERNMENTAL SERVICE AGREEMENT SECTION ONE- PURPOSE The Northeastern Illinois Mutual Aid Network (NEiMAN) Public Works Non-Emergency Mutual Aid Intergovemmental Service Agreement (the "Service Agreement") which has been adopted by Member municipa{ities 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 matedal 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 matedal 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 Department 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: Situation: A non-emergency event or condition adsing in a Member's territorial jurisdiction which results.in aa insufficiency of. Public Works personnel, .equipme.nt, materials or other related services such that the Member determines that it is advisable to request aid. Director of Public Works: An individual or his/her designee, who is designated by the appropriate Member as having pdmary responsibility for Public Works functions and emergencies as generally define herein. Member: A unit of local government which has recognized Public Works Department and which is a party to this Service Agreement. 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 resoumes. E. Assisted Member.' A Member which requests aid in the event of a work situation. Aiding Member.' A Member from whom Mutual Aid is requested in the event of a public works Situation in another Member's jurisdiction. SECTION THREE - AUTHORITY AND ACTION TO EFFECT MUTUAL AID 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: Determine the extent, if any, to which requested personnel, equipment and materials are available for Mutual Aid. Upon reaching an agreement for compensation pursuant to section Five of this Service Agreement, dispatch the requested personnel, equipment, and metedals, to the extent available, to the location of the situation reported by the Assisted Member. Notify the Director of Public Works of the Assisted Member (or his/her designee) oratiy, 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 - JURISDICTION OVER PERSONNEL AND EQUIPMENT Personnel dispatched to aid an Assisted Member pursuant to this Service Agreement shalI remain employees of the Aiding Members. Personnel rendering 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 etl times have the right to withdraw any and all Mutual Aid upon the order of its Director of PublicYVorks provided however that the Aiding Member withdrawing such aid shall riotify the Director of Public Works of the Assisted Member in the'man'ner'desb~:ibed in section 3.C.3 of the withdrawal of such Mutual Aid and the extent of such withdrawal. Each Member agrees to submit, as a condition of membership, resource lists of available equipment and supplies. SECTION FIVE - COMPENSATION 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 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 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. B. 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 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, 2 officials, employees, agents, attorneys, and representatives from any and all claims, demands, liability, damages, injury, causes of action, suits in lawor 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. 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 adsing in consequence of the performance of Mutual Aid dudng a Non-Emergency situation. 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 'Reselution~), 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 This Service Agreemeqt shall remain in full fome and effect from its effective date until it is terminated as provided in this section. 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 month. Such notice shall either be personally delivered or sent by certified mail. Return receipt requested. 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 3 equired number of approved and signed instruments. The Councils of Government shaft 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 beund by the terms thereof. This signatory certifies that this Service Agreemen..t./has been adopted and ap/l~ed by ordinance, resolution, or other manner approved J~..opy of which d_q~ume.~As' attached hereto. - Village/City Manager//~r~'~'l~PRO$,~/__.__~._... ,--~. .. I00 S.~b~er~ ~eet City/Vdlage of muunl rlo~)~l, IL bggb§-]Zl~§ Date of Signature Date of Signature 4