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HomeMy WebLinkAboutRes 30-15 09/01/2015 Authorizing VOMP to Enter into Membership Agreement with IPWMAN1111=0 =1 im IN& -mire am 1 g7vernirtlent to cunEra(;L or umelMe 7155,7713te arliully inem5eries in ani manner not slIATTIM vy47"MR ordinance; and 1111rIII�!iJJ1!!1J1I!1 !1111!1!iirr111r!!1r rW plip, ovrers, pf ugoo ivife5 f au if fur ity t�-Ae ubeu•f Telfiflient [nay dxercised 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 governiIng body of each party to the contract; and 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. 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 VflIage 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 a approval in the manner provided by law, i PASSED and APPROVED this Ist day of September-, 2015. AYES: Hoefert, Matuszak, Polit, Rogers, Saccotelli, Zadel ATTEST: Illinois Public Works Mutual Aid Network Agreement This Public Works Agreement (hereinafter "Agreement") is entered into by the Village of Mount Prospect, 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 WH .S, the Constitution of the State of Illinois, 1970, Article VII, Section 10, (hereinafter "Act") authorizes its of local government to contract or otherwise associate on themselves in any manner not prohibited by law or ordinance; and WH .S, 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 perforni 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 WHERF-4,3, 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 etijoyed jointly with any other unit of local government including a unit of local government from another state; and WHERE,4S, 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 (EMACS. 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, it road districts, county highway departments, public water agencies and public wastewater agencies or any other government,i] entity that perforins a public works function through this Agreement if such a program were established. WHFREAS, the Parties hereto are units of local government as defined by the Constitution of the State of Illinois and the Intergovernmental Cooperation Act; and WHE'RE,45, the Parties recognize, that they are vulnerable to a variety of potential, natural and man-made disasters,- and IFFIER EAS, 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 1: 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 11: 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 A5,51,57ANCE, " includes, but is not limited to, personnel, equipment, facilities, services, materials and supplies and any other resources needed to provide mutual aid response. C. 'AUTIIORISEG REPRL�',ENTA7']Vla"' 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 rnunicipal utilities. D. "BOARD OF DIRECTORY' 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 (11-'WMAN) 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 riatural 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. 'VPWMAN" 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. I. "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. 1 "IVA T[ONAL INC IDEWT MANAGE'NT SYSTE,M MMS) " 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. YAR7T" means an agency which has adopted and executed this Agreement. L. "PFRIOD OF ASSIS7ANCE— 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. "RVU-IONDING AGEAICY" 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. "RE QUP'S7IN(,'A6l,,-AT(..Y" 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. RECRunmENT The Parties hereby encourage each other to enlist other agencies to adopt and execute this Agreement. C. AGREEMENT FOR BE1VJ.,.FJT 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. afffUNITIES, 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 Govemmental Employees Tort Immunity Act, 745 ILLS 10/1-101, et seq. E. MEMBERSHIP, To be a niernber in good standing, a Party shall be responsible for dues and other obligations as specified in the IPWN,IAN By -Laws and Operational Plan. 3 of 9 revised 6/13/10 for requesting assistance; organize ineetings; operate a website; disseminarte infonnation; ere inforniational brochures; create subcommittees; maintain lists of the Parties; maintain equipment supply inventory lists; and deal with Party issues. SECTION V: PROCEDURES FOR REQUESTING ASSISTANCE the Illinois Public Works Mutual Aid Network (IPWMA.N) Operational Plan. SECTION VI: RESPONDING AGENCYS ASSESSMENT OF AVAILABILITY 0 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. I)F,,�](7ArATIONOFRI,,',YPONr)]N(;A(Y'EN(.Y,�S(JPI,.']?VISOI?YPL,RSONNP,L. R.espondingAgency 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 fPWMAN Operational Plan, B. RESPONSIBI1,III ES OF RESPONDING A6,EN(.,Y'S1 SUPERVYORY PEASONNE'L. 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 ani assistance; renewability; recall through the Illinois Public Works Mutual Z 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 retums 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 OFC & REIMBURSEMENT OF COST A. PER.,S'OAINEL -- 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 payrofl (i.e.; FICA, unemployment,, retirements, etc.). B. REti'F'ONDIN( AGEWC17,5 TR,4FEEING FMPLOYEI;,.Nl;'P,D,S' -­ 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. EQ(.JIPMI,,NT — 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. REIMBUXEMEATT OF COS7S — 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 01 WWWOMAM&TV11 1.11111RK1101�� M 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 XII: 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 hamiless 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 cornuensation claims, dzrriaire to or destruction of eauiQmen.t-xt.d clothinLk-vjtd me4KzI exien es I W,101�11QWMIMMM1' "'100' ki Y177renucrilig Ulu' Ulm lul mul pruviucu LHUE SIT -:A WUHMS DIUM LU U LHIFt, PUFLJ are-�fle rev, 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. 1 I I F I I I I I �ii I i I I I I 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 notifthe 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 to of this section and no liability may be assigned. No liability of any kind or nature shall be attributed to or be assurned, 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 ............. . . .............. ...... /////// ............ ,­,­­ I I I 1 -111,11-111/ ............ 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 i.night 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 acknowledgement from the Board of Directors, the submitting agency shall be regarded as a Party to t Agreement. SECTION XVIII: NOTICES First Class Mail, addressed to the Board of Directors who will riotify 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, th effective date of this Agreement, Any Party may withdraw from this Agreement at any time by givi written notification to the Board of Directors. The notice shall not be effective until ninety (90) days aft the notice has been served upon the Board of Directors by First Class mail. A Party's withdrawal fro this Agreement shall not affect that Party's liability or obligation incurred under this Agreement prior the date of withdrawal, This Agreement shall continue in force and effect as to all other Parties until su T time as a Party withdraws, Failure to adopt any amended agreement within ninety (90) days of sai amended agreement will signify a Party'swithdrawal from the Agreement, 7 of 9 revised 6/13/10 . . .. ....... Oxwt lik'M 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 III: 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 XXIVa 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 XXVI: 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, Assigi-iments 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, YHERE"FORE, 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 qt`� 20 For the Ageng By: Atte st:,z ......... . APPROVED (as to form): Ors behat(ofthe Illinois Public Work.9 Mutual Aid Network Approved and executed this-- 20- - on Attest: President of IPWMAN Board of Directors IPWMAN Secretary/1'reasurer Apl)rovetibythe .[PWAIAN.Interini.13oardofDirc,ctorsonSe,plenibei-17,2008. Amended bythe IPWMANInterim Board of Directors on August 19, 2009. Amended bythe IPWHANBoard of Directors on June 16, 2010 9 of 9 revised 6/13/10