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HomeMy WebLinkAbout5. New Business 09/01/2015Village of Mount Prospect Community Development Department MEMORANDUM TO: DAVID STRAHL, ACTING VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 24, 2015 SUBJECT: REQUEST FOR FACADE REBATE REIMBURSEMENT — TREZEROS KITCHEN AND TAP — 302 W. NW HIGHWAY The Village has established the Fagade Rebate Program in the downtown Tax Increment Financing District that offers matching grants to businesses that make improvements to storefronts in the downtown district. The maximum Village contribution is $25,000 for restaurant operations. Residents Pasquale and Julie Ergastolo have purchased the former Jake's Pizza restaurant located at 302 W. NW Highway and are thoroughly renovating the interior and exterior of the building. They plan on opening Trezeros Kitchen and Tap which will feature steak, seafood and pasta entrees and will have a full bar and live entertainment on weekends. The total project costs are estimated at approximately $480,000. Trezeros is seeking reimbursement for $25,000 of eligible expenses related to this project. The Village currently has sufficient funds budgeted in account # 022.40.90.00.0.710.636.007 (page 313 of the Budget) for the 2015 budget year. Please forward this memorandum and attachments to the Village Board for their review and consideration at their September 1 t meeting. Staff will be at that meeting to answer any questions related to this matter. �� - William J,tCooney Jr. Morint Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: ACTING VILLAGE MANAGER DAVID STRAHL FROM: VEHICLE/EQUIPMENT MAINTENANCE SUPERINTENDENT DATE: AUGUST 17, 2015 SUBJECT: SURPLUS VEHICLES/EQUIPMENT SOLD THROUGH THE GOVDEALS ON-LINE AUCTION We have ordered and/or placed into service various new vehicles/equipment and need to sell our old surplus vehicles that are no longer needed. I have attached an ordinance that allows us to sell our surplus items through GovDeals Internet auction. GovDeals Internet auction provides a cost effective means to sell surplus property nationwide. The total administrative fee for utilizing this service is 7.5% of the final sales price; which we recover from the buyer. We have had great success over the last several years utilizing GovDeals as our main method of disposal. Our total sales have reached over $235,000 from 49 items and prices have generally resulted in a 10-20% premium over comparative live auction sales. The Village will have twelve (12) vehicles and five (5) pieces of equipment that will soon be replaced or removed from the fleet and will be available for the above-mentioned Internet auction. Attached is an ordinance declaring twelve (12) vehicles and five (5) pieces of equipment surplus. With your concurrence, I would like to present this ordinance to the Mayor and Board of Trustees for their consideration at the September 1, 2015 Village Board Meeting. J es R. Brei I concur. Se&r`P. Dorsey Director of Public Works Attachments C: Deputy Director Jason Leib Vehicle Auction Page 3/3 EXHIBIT A ITEMS TO BE PLACED FOR AUCTION THROUGH GOVDEALS ON-LINE AUCTION Village ID # Serial Number Year/Make/Model 2728A 1 HTGCAAR7TH287368 1996 International, 2554 2752A 990764110 1999 Bemis Arrowboard, SEH252BS75 2763A 96056469 1996 Bemis Arrowboard, 96SE253FS75 4504A P -3937-D 2002 Elgin Pelican 4541A 1HTSDAAROVH466460 1997 International, 4900 4554A 1 FTNF21 L21 EB00355 2001 Ford, F-250XL 303A 2FAFP71W06X135769 2006 Ford Crown Victoria Police P -7A 2FABP7BV2AX129209 2010 Ford Crown Victoria Police P -11A 2FABP7BVOAX129208 2010 Ford Crown Victoria Police P -14A 2FABP7BV9AX129207 2010 Ford Crown Victoria Police S -31A 2G1WF55K149312610 2004 Chevy Impala P -40A 2FAFP71W07X155408 2007 Ford Crown Victoria Police N-51 2FAFP71W96X156913 2006 Ford Crown Victoria Police 1-61A 4A3AC34G83E159843 2003 Mitsubishi Eclipse 505A 1 FTSW30S21 EA82358 2001 Ford, F-350 EQUIP 0333DO147 2004 Sun Engine Analyzer, 450D EQUIP AM1221958 1987 Atlas Copco Air Comp., LE9NUV Type Minimum Price DUMP TRUCK $5,000.00 EQUIP $100.00 EQUIP $100.00 SWEEPER $5,000.00 AERIAL TRUCK $5,000.00 PICKUP $500.00 CAR $500.00 CAR $500.00 CAR $500.00 CAR $500.00 CAR $500.00 CAR $500.00 CAR $500.00 CAR $200.00 PICKUP $500.00 EQUIP $100.00 EQUIP $100.00 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY OWNED BY THE VILLAGE OF MOUNT PROSPECT WHEREAS, pursuant to Section 11-76-4 of the Illinois Municipal Code (65 ILCS 5/11-76-4), the Corporate Authorities of the Village of Mount Prospect may dispose of personal property owned by the Village when, in the opinion of a simple majority of the Corporate Authorities, such property is no longer necessary or useful to, or for the best interests, of the Village; and WHEREAS, Mayor and Board of Trustees of the Village of Mount Prospect deem it no longer necessary, useful or in the best interests of the Village to retain the personal property described in Exhibit "A," which is attached hereto and incorporated herein. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF ITS HOME RULE POWER: SECTION ONE: The personal property, described in Exhibit "A," is declared to be surplus personal property because it is no longer necessary, useful or in the best interests of the Village to retain. SECTION TWO: The Acting Village Manager, or his designee, is authorized to dispose of the Surplus Property in the manner described in Exhibit "A." SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of September, 2015. Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk Prospect Mount Prospect Public Works Department __:• u►�•MIA u TO: ACTING VILLAGE MANAGER, DAVID STRAHL DATE: AUGUST 27, 2015 SUBJECT: RESOLUTION AUTHORIZING THE VILLAGE TO ENTER INTO AN AGREEMENT WITH THE ILLINOIS PUBLIC WORKS MUTUAL AID NETWORK (IPWMAN) Background In 1976, the Northwest Municipal Conference established the Public Works Emergency and Non -Emergency Mutual Aid Intergovernmental Service Agreement to clearly define agreements for equipment and personnel sharing between member municipalities. The Village was one (1) of six (6) original members to join the mutual aid network in April of 1976. In 2001, the mutual aid network was expanded by incorporating two other Council of Governments (COG), West Central Municipal Conference and South Suburban Mayors and Managers Association. The new mutual aid network was named the Northeastern Illinois Mutual Aid Network (NEIMAN). The Village approved a resolution to join NEIMAN in November 2001. By including the other COGs, an expanded pool of resources was established and able to respond to a broader area in times of emergency. Discussion The intent of NEIMAN was to permit the Public Works Department of each member community to more fully safeguard the lives, persons and property of all citizens. Each member expresses its intent to assist its nearby member jurisdictions by assigning some of its Member personnel, equipment, and material resources to an affected municipality as specific situations allow. Similar intent was the driving factor in creating a state wide public works network called Illinois Public Works Mutual Aid Network (IPWMAN). IPWMAN was initiated in 2008 and was approved as a not-for-profit corporation in February of 2009. The network includes over 250 municipalities, townships and counties throughout the entire state and continues to grow. By joining IPWMAN the Village would be eligible to receive assistance in the form of labor and equipment from all 250 communities throughout the state. In addition, the Page 2 of 2 Resolution Authorizing the Village to Enter Into an Agreement with the Illinois Public Works Mutual Aid Network (IPWMAN) 8/27/2015 Village could provide assistance to requesting agencies that belong to IPWMAN. IPWMAN has several policies that form the core of the IPWMAN agreement. First, a response to any request for assistance is voluntary. Second, if the Village chooses to provide assistance to a requesting agency the first five (5) days must be provided at no cost to the requesting agency. Third, if the Village provides or receives assistance for more than five (5) days the provider will be reimbursed all labor and equipment costs. The only costs that will be reimbursed are the costs incurred after five (5) days. Fourth, if state or federal funds become available, IPWMAN response costs may be reimbursable. The formation of IPWMAN complies with criteria established by the Federal Emergency Management Administration (FEMA) for recognizing the eligibility of costs under the Public Assistance Program incurred through mutual aid agreements between applicants and other entities. (FEMA Disaster Assistance Policy Number DAP9523.6, August 13, 2007). However, as previously stated the first five (5) days of assistance is provided must be provided at no cost. The IPWMAN Mutual Aid Agreement would be in addition to the current NWMC and NEIMAN Non -Emergency and Emergency Mutual Aid Agreements. The Village attorney has reviewed the agreement and has no reservations. Staff recommends that the Village Board of Trustees adopt the resolution and enter into an agreement with the Illinois Public Works Mutual Aid Network. Jason H. Leib I concur. Sean P sey Public orks Director Cc: Sean P. Dorsey, Public Works Director File RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO ENTER INTO A MEMBERSHIP AGREEMENT WITH ILLINOIS PUBLIC WORKS MUTUAL AID NETWORK (IPWMAN) 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 Mayor and Board of Trustees have determined that it is in the best interests of the Village of Mount Prospect and its residents to enter into an intergovernmental agreement to secure to each the benefits of mutual aid in public works and the protection of life and property from an emergency or disaster and to provide for public works assistance, training and other necessary functions to further the response and recovery from said emergency or disaster. The principal objective of the public works mutual aid assistance being the response to and recovery from any emergency or disaster and the return of the community to as near normal as quickly as possible. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF ITS HOME RULE POWER: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize the Mayor to sign and the Clerk to attest her signature on the Agreement between the Illinois Public Works Mutual Aid Network and the Village of Mount Prospect, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". 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. PASSED and APPROVED this day of September, 2015. AYES: NAYS: ABSENT: Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk Illinois Public Works Mutual Aid Network Agreement This Public Works Agreement (hereinafter "Agreement") is entered into by which has, by executing this Agreement, manifested its intent to participate in an Intrastate Program for Mutual Aid and Assistance, hereinafter entitled the "Illinois Public Works Mutual Aid Network (IPWMAN)"; and WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, (hereinafter "Act") authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, any community that is a home rule unit of local government under the 1970 Constitution of the State of Illinois and as such may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the Act provides that any one or more public agencies may contract with any one or more other public agencies to set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting Parties; and WHEREAS, the Illinois 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 including a unit of local government from another state; and WHEREAS, the Parties to this Agreement may voluntarily agree to participate in mutual aid and assistance activities conducted under the State of Illinois Intrastate Mutual Aid and Assistance Program and the Interstate Emergency Management Assistance Compact (SMAC). Parties may voluntarily agree to participate in an interstate Mutual Aid and Assistance Program for public works related agencies including, but not limited to; local municipal public works departments, township road districts, unit road districts, county highway departments, public water agencies and public wastewater agencies or any other governmental entity that performs a public works function through this Agreement if such a program were established. WHEREAS, the Parties hereto are units of local government as defined by the Constitution of the State of Illinois and the Intergovernmental Cooperation Act; and WHEREAS, the Parties recognize that they are vulnerable to a variety of potential, natural and man-made disasters; and WHEREAS, the Parties to this Agreement wish to provide mutual aid and assistance to one another during times of disaster or public works emergencies. NOW, THEREFORE, the Parties agree as follows: 1 of 9 revised 6/13/10 SECTION L• PURPOSE The Illinois Public Works Mutual Aid Network (IPWMAN) program is hereby established to provide a method whereby public works related agencies, including, but not limited to, local municipal public works departments, township road districts, unit road districts, county highway departments, public water agencies and public wastewater agencies or any other governmental entity that performs a public works function in need mutual aid assistance may request aid and assistance in the form of personnel, equipment, materials and/or other associated services as necessary from other public works related agencies. The purpose of this Agreement is to formally document such a program. SECTION II: DEFINITIONS The following definitions will apply to the terms appearing in this Agreement. A. `AGENCY" means any municipal public works agency, township road district, unit road district, county highway departments, publicly -owned water organization and publicly -owned wastewater organization or any other governmental entity that performs a public works function that abides by the provisions as found in this Agreement. B. `AID AND ASSISTANCE" includes, but is not limited to, personnel, equipment, facilities, services, materials and supplies and any other resources needed to provide mutual aid response. C. "AUTHORIZED REPRESENTATIVE" means a Party's employee who, by reason of his or her position, has been authorized, in writing by that Party, to request, offer, or provide aid and assistance pursuant to this Agreement. Each Party's initial authorized representative, and the representative's title, is listed on the contact list. If the title of the authorized representative as listed by name on the contact list has changed, such change shall have no effect on the authority of the authorized representative and the named person shall continue to be the authorized representative until a different person is named as the authorized representative in writing by the Party. In the event that the person who is listed as authorized representative is no longer employed by the Party, the successor in the office formerly held by the authorized representative shall automatically become the authorized representative unless the Party indicates otherwise in writing. Each Party's authorized representative shall be responsible to designate someone to supervise that Party's employees who are engaged in the receipt or furnishing of aid and assistance, including, but not limited to, opening of public ways; removal of debris; building of protective barriers; management of physical damage to structures and terrain; transportation of persons, supplies, and equipment; and repair and operation of municipal utilities. D. "BOARD OF DIRECTORS" is a group of representatives from the Parties to the IPWMAN Agreement elected to organize and maintain the program. The Board of Directors shall consist of members of the IPWMAN. Qualifications and terms for the Board members shall be defined in the By - Laws of the Illinois Public Works Mutual Aid Network, Inc. E. `BOARD MEMBER" is a representative of the Association (IPWMAN) serving on the Board of Directors. F. "DISASTER" means a calamitous incident threatening loss of life or significant loss or damage to property, including, but not limited to flood, winter storm, hurricane, tornado, dam break, or other naturally -occurring catastrophe or man-made, accidental, military, or paramilitary incident, or biological or health disasters or a natural or manmade incident that is, or is likely to be, beyond the control of the services, personnel, equipment and facilities of a Party that requires assistance under this Mutual Aid and 2 of 9 revised 6/13/10 Assistance Agreement, but must be coordinated through the appropriate local accredited/certified Emergency Management Agency coordinator. G. " IPWMAN" is the acronym for the Illinois Public Works Mutual Aid Network. H. "LOCAL EMERGENCY" is defined as an urgent need requiring immediate action or attention beyond normal capabilities, procedures and scope for aid and assistance by an agency. L "MUTUAL AID RESOURCE LIST" means the list of the equipment, personnel and other resources that each Party has available for the provision of aid and assistance to other Parties. This list shall be periodically updated in accordance with the Operational Plan. J. `NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)" a Presidential directive that provides a consistent nationwide approach that allows federal, state, local and tribal governments as well as private - sector and nongovernmental organizations to work together to manage incidents and disasters of all kinds. K. "PARTY" means an agency which has adopted and executed this Agreement. L. "PERIOD OF ASSISTANCE" means a specified period of time when a Responding Agency assists a Requesting Agency. The period commences when personnel, equipment, or supplies depart from a Responding Agency's facility and ends when the resources return to their facility (portal to portal). All protections identified in the Agreement apply during this period. The specified Period of Assistance may occur during response to or recovery from an emergency, as previously defined. M. "RESPONDING AGENCY" means the Party or Agency which has received a request to furnish aid and assistance from another Party and has agreed to provide the same. N. "REQUESTING AGENCY" means the Party or Agency requesting and receiving aid and assistance from a Responding Agency. SECTION III: RESPONSIBILITY OF PARTIES A. PROVISION OF AID. Each Party recognizes that it may be requested to provide aid and assistance at a time when it is necessary to provide similar aid and assistance to the Party's own constituents. This Agreement shall not be construed to impose any unconditional obligation on any Party to provide aid and assistance. A Party may choose not to render aid and assistance at any time, for any reason. B. RECRUITMENT. The Parties hereby encourage each other to enlist other agencies to adopt and execute this Agreement. C. AGREEMENT FOR BENEFIT OF PARTIES. All functions and activities performed under this Agreement are for the benefit of the Parties to this Agreement. Accordingly, this Agreement shall not be construed to be for the benefit of any third parties and no third parties shall have any right or cause of action against the Parties to this Agreement. D. IMMUNITIES. All immunities provided by law to the Parties shall be fully applicable to the Parties providing or receiving aid and assistance pursuant to this Agreement, including, but not limited to, the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101, et seq. E. MEMBERSHIP. To be a member in good standing, a Party shall be responsible for dues and other obligations as specified in the IPWMAN By -Laws and Operational Plan. 3 of 9 revised 6/13/10 SECTION IV: ANNUAL REVIEW At a minimum, the Board of Directors shall meet annually at a meeting place designated by the Board of Directors to review and discuss this Agreement and, if applicable, to recommend amendments to this Agreement. The Board of Directors shall have the power and signing authority to carry out the purposes of this Agreement, including but not limited to the power to: adopt by-laws; execute agreements and documents approved by the Board of Directors; develop specific operating plans, procedures and protocol for requesting assistance; organize meetings; operate a website; disseminate information; create informational brochures; create subcommittees; maintain lists of the Parties; maintain equipment and supply inventory lists; and deal with Party issues. SECTION V: PROCEDURES FOR REQUESTING ASSISTANCE The Board of Directors will promulgate and regularly update procedures for requesting assistance through the Illinois Public Works Mutual Aid Network (IPWMAN) Operational Plan. SECTION VI: RESPONDING AGENCY'S ASSESSMENT OF AVAILABILITY OF RESOURCES The Board of Directors will promulgate and regularly update procedures for responding agency's assessment of availability of resources through IPWMAN Operational Plan. SECTION VII: SUPERVISION AND CONTROL A. DESIGNATION OF RESPONDING AGENCY'S SUPERVISORY PERSONNEL. Responding Agency shall designate a representative who shall serve as the person in charge of coordinating the initial work assigned to the Responding Agency's employees by the Requesting Agency. The Requesting Agency shall direct and coordinate the work being assigned to the Responding Agency(s) and the Requesting Agency's employees. All actions shall be consistent with and in accordance with the National Incident Management System (NIMS) and the IPWMAN Operational Plan. B. RESPONSIBILITIES OF RESPONDING AGENCY'S SUPERVISORY PERSONNEL. The Board of Directors will promulgate and regularly update procedures for Responding Agency's supervisory personnel through the IPWMAN Operational Plan. SECTION VIII: LENGTH OF TIME FOR AID AND ASSISTANCE; RENEWABILITY; RECALL The Board of Directors will promulgate and regularly update procedures for length of time for aid and assistance; renewability; recall through the Illinois Public Works Mutual Aid Network (IPWMAN) Operational Plan. It is presumed that a Responding Agency's aid and assistance shall be given for an initial minimum period of twelve (12) hours. Thereafter, assistance shall be extended as the Responding Agency and Requesting Agency shall agree. The twelve (12) hour period shall start when the aid and assistance departs from Responding Agency's location with the intent of going to Requesting Agency's location. The aid and assistance shall end when it returns to Responding Agency's location with the understanding between the Responding Agency and Requesting Agency that provision of aid and assistance is complete. 4 of 9 revised 6/13/10 Responding Agency may recall its aid and assistance at any time at its sole discretion. Responding Agency shall make a good faith effort to give the Requesting Agency as much advance notice of the recall as is practical under the circumstances. SECTION IX: DOCUMENTATION OF COST & REIMBURSEMENT OF COST A. PERSONNEL — Responding Agency shall continue to pay its employees according to its then prevailing ordinances, rules, regulations, and collective bargaining agreements. At the conclusion of the period of aid and assistance, the Responding Agency shall document all direct and indirect payroll costs plus any taxes and employee benefits which are measured as a function of payroll (i.e.; FICA, unemployment, retirements, etc.). B. RESPONDING AGENCY'S TRAVELING EMPLOYEE NEEDS — Responding Agency shall document the basic needs of Responding Agency's traveling employees, such as reasonable lodging and meal expenses of Responding Agency's personnel, including without limitation transportation expenses for travel to and from the stricken area during the period of aid and assistance. C. EQUIPMENT — Responding Agency shall document the use of its equipment during the period of aid and assistance including without limitation all repairs to its equipment as determined necessary by its on- site supervisor(s) to maintain such equipment in safe and operational condition, fuels, miscellaneous supplies, and damages directly caused by provision of the aid and assistance. D. MATERIALS AND SUPPLIES — Responding Agency shall document all materials and supplies furnished by it and used or damaged during the period of aid and assistance. E. REIMBURSEMENT OF COSTS — Equipment, personnel, materials, supplies and/or services provided pursuant to this Agreement shall be at no charge to the Requesting Agency, unless the aid and assistance is requested for more than five (5) calendar days. If aid and assistance is requested from the State of Illinois to be activated as a State asset, the Responding Agency will be reimbursed for personnel, materials, supplies and equipment from the first day of the response to the event by the State of Illinois. Materials and supplies will be reimbursed at the cost of replacement of the commodity. Personnel will be reimbursed at Responding Agency rates and equipment will be reimbursed at an appropriate equipment rate based upon either pre-existing locally established rates, the Federal Emergency Management Agency Equipment Rate Schedule or that published by the Illinois Department of Transportation. In the event that there is no such appropriate equipment rate as described above, reimbursement shall be at the actual cost incurred by the Responding Agency. SECTION X: RIGHTS AND PRIVILEGES OF RESPONDING AGENCY'S EMPLOYEES Whenever Responding Agency's employees are rendering aid and assistance pursuant to this Agreement, such employees shall retain the same powers, duties, immunities, and privileges they would ordinarily possess if performing their duties within the geographical limits of Responding Agency. 5 of 9 revised 6/13/10 SECTION XI: WORKERS' COMPENSATION The Parties agree that Requesting Agency shall be responsible for payment of workers' compensation benefits owed to Requesting Agency's employees and that Responding Agency shall be responsible for payment of workers' compensation benefits owed to Responding Agency's employees. SECTION XIL• INSURANCE Each Party shall bear the risk of liability for its agency and its agency's employees' acts and omissions and shall determine for itself what amount of insurance it should carry, if any. Each Party understands and agrees that any insurance coverage obtained shall in no way limit that Party's responsibility under Section XIII of this Agreement to indemnify and hold the other Parties to this Agreement harmless from such liability. SECTION XIII: INDEMNIFICATION 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 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 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 or its employees shall be the sole and exclusive responsibility of the Party rendering aid; and further provided 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. This indemnity shall include attorney fees and costs that may arise from providing aid pursuant to this Agreement. SECTION XIV: 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 Responding Agency prohibit response. It is the responsibility of the Responding Agency to immediately notify the Requesting Agency of the Responding Agency's inability to respond; however, failure to immediately notify the Requesting Agency of such inability to respond shall not constitute evidence of noncompliance 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 failure 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. 6 of 9 revised 6/13/10 SECTION XV: NOTICE OF CLAIM OR SUIT Each Party who becomes aware of a claim or suit that in any way, directly or indirectly, contingently or otherwise, affects or might affect other Parties of this Agreement shall provide prompt and timely notice to the Parties who may be affected by the suit or claim. Each Party reserves the right to participate in the defense of such claims or suits as necessary to protect its own interests. SECTION XVI: AMENDMENTS Proposed amendments to this Agreement shall be submitted to the Board of Directors. Amendments shall be approved by majority vote of the Board of Directors. SECTION XVII: ADDITIONAL PARTIES Additional agencies may become Parties to this Agreement, provided that such agencies: (1) Approve and execute this Agreement. (2) Provide a fully executed copy of this Agreement to the Board of Directors. (3) Provide the name and title of an authorized representative to the Board of Directors. (4) Annually provide a list of mutual aid resources to its local accredited/certified Emergency Management Agency. If requested, the agency may need to assist its local accredited/certified Emergency Management Coordinator with data entry of its mutual aid resources into a web -based format (NIMS Source). Upon submission of the items enumerated above to the Board of Directors and receipt of acknowledgement from the Board of Directors, the submitting agency shall be regarded as a Party to the Agreement. SECTION XVIII: NOTICES Notices and requests as provided herein shall be deemed given as of the date the notices are deposited, by First Class Mail, addressed to the Board of Directors who will notify each of the Parties' representatives. SECTION XIX: INITIAL TERM OF AGREEMENT; RENEWAL; TERMINATION The initial term of this Agreement shall be one (1) year from its effective date. Thereafter, this Agreement shall automatically renew for additional one-year terms commencing on the anniversary of the effective date of this Agreement. Any Party may withdraw from this Agreement at any time by giving written notification to the Board of Directors. The notice shall not be effective until ninety (90) days after the notice has been served upon the Board of Directors by First Class mail. A Party's withdrawal from this Agreement shall not affect that Party's liability or obligation incurred under this Agreement prior to the date of withdrawal. This Agreement shall continue in force and effect as to all other Parties until such time as a Party withdraws. Failure to adopt any amended agreement within ninety (90) days of said amended agreement will signify a Party's withdrawal from the Agreement. 7 of 9 revised 6/13/10 SECTION XX: HEADINGS The headings of various sections and subsections of this Agreement have been inserted for convenient reference only and shall not be construed as modifying, amending, or affecting in any way the express terms and provisions of this Agreement or their interpretation. SECTION XXI: SEVERABILITY Should any clause, sentence, provision, paragraph, or other part of this Agreement be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Agreement. Each of the Parties declares that it would have entered into this Agreement irrespective of the fact that any one or more of this Agreement's clauses, sentences, provisions, paragraphs, or other parts have been declared invalid. Accordingly, it is the intention of the Parties that the remaining portions of this Agreement shall remain in full force and effect without regard to the clause(s), sentence(s), provision(s), paragraph(s), or other part(s) invalidated. SECTION XXII: EFFECTIVE DATE This Agreement shall be effective on the date of the acknowledgement letter sent by the Board of Directors. SECTION XXIIL• WAIVER Failure to enforce strictly the terms of this Agreement on one or more occasions shall not be deemed a waiver of the right to enforce strictly the terms of this Agreement on any other occasion. SECTION XXIV: EXECUTION OF COUNTERPARTS This Agreement may be signed in any number of counterparts with the same effect as if the signatures thereto and hereto were upon the same instrument. SECTION XXV: PRIOR IPWMAN AGREEMENTS To the extent that provisions of prior IPWMAN Agreements between signatories to this Agreement are inconsistent with this Agreement, all prior agreements for mutual aid and assistance between the Parties hereto are suspended. SECTION XXVL• PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES This Agreement is for the sole benefit of the Parties and no person or entity shall have any rights under this Agreement as a third -Party beneficiary. Assignments of benefits and delegations of duties created by this Agreement are prohibited and must be without effect. 8 of 9 revised 6/13/10 NOW, THEREFORE, each of the Parties have caused this IPWMAN Mutual Aid Agreement to be executed by its duly authorized representative who has signed this Agreement as of the date set forth below. Approved and executed this _ day of For the Agency APPROVED (as to form): .20 By: Attest: By: On behalf of the Illinois Public Works Mutual Aid Network Approved and executed this Attest: day of President of IPWMAN Board of Directors IPWMAN Secretary/Treasurer 20 Approved by the IPWMAN Interim Board of Directors on September 17, 2008. Amended by the IPWMAN Interim Board of Directors on August 19, 2009. Amended by the IPWMAN Board of Directors on June 16, 2010 9 of 9 revised 6/13/10