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HomeMy WebLinkAbout6.04 Motion to approve A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE JOINT EMERGENCY MANAGEMENT SYSTEM (JEMS), THE VILLAGE OF MOUNT PROSPECT, AND PARTICIPATING MUNICIPALITIESr� Item Cover Page Subject Motion to approve A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE JOINT EMERGENCY MANAGEMENT SYSTEM (JEMS), THE VILLAGE OF MOUNT PROSPECT, AND PARTICIPATING MUNICIPALITIES Meeting Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information October 28, 2025 - SPECIAL MEETING - AMENDED 10-27-2028 OF THE MOUNT PROSPECT VILLAGE BOARD N 0 N/A CONSENT AGENDA Action Item Mount Prospect has been a member of the Joint Emergency Management System (JEMS) since 2016. The original intergovernmental agreement (IGA) closely aligned JEMS operations with the Northwest Central Dispatch System (NWCDS), leading to overlapping administrative structures and limited independence for JEMS. JEMS is now purposing to separate from NWCDS to form its own intergovernmental agency. The new agreement establishes JEMS with its own Board of Directors, composed of representatives from each participating municipality. This enhances flexibility and creates a stronger foundation for regional emergency management collaboration amongst municipalities without requiring structural changes to NWCDS or creating interdependency issues. The revised IGA would establish JEMS as a separate intergovernmental agency under the Illinois Intergovernmental Cooperation Act and the Illinois Emergency Management Agency Act. Governance rests directly with the participating municipalities, ensuring clearer oversight and accountability. Agreement Update • Independent Governance: A Board of Directors, composed of appointed officials from each member municipality will oversee JEMS. Municipalities will have defined voting rights in the bylaws. • Operational Flexibility: JEMS will have the authority to enter into agreements, contracts, hire staff, and manage its own budget and services. • Streamlined Decision -Making: Separating JEMS from NWCDS removes administrative overlap and allows emergency management functions to operate independently from 9-1-1 dispatch services. • Future Growth: The new structure supports potential inter -agency partnerships, grant opportunities, and program expansion without requiring structural changes to NWCDS. Discussion Alternatives 1. Approve a resolution authorizing an intergovernmental agreement between the Joint Emergency Management System (JEMS), the Village of Mount Prospect, and participating municipalities. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommend adopting changes to the Joint Emergency Management System (JEMS) IGA, establishing JEMS as a separate intergovernmental agency under the Illinois Intergovernmental Cooperation Act and the Illinois Emergency Management Agency Act. Attachments 1. Memo Cover for IGA 2. 2025 JEMS IGA 3. JEMS Agreement Mount Prospect - 2017 4. Resolution IGA JEMS Northwest Central Joint Emergency Management System Arlington Heights, Barrington, Buffalo Grove, Elk Grove Village, Hoffman Estates, Inverness, Mount Prospect, Palatine, Rolling Meadows, Schaumburg, Streamwood, Wheeling 1975 East Davis Street, Arlington Heights IL 60005 (847) 590-3459, Fax (847) 398-2498 Date:2025-04-09 To: JEMS Board of Directors Memo: Updated JEMS IGA Attached please find the updated Joint Emergency Management System (JEMS) Intergovernmental Agreement (IGA). The purpose of this update is to amend the governance structure and provide greater organizational flexibility. The original agreement aligned the JEMS membership framework with Northwest Central Dispatch System (NWCDS) operations. The structure commingled administrative oversight, finances, and did not clearly distinguish the organizational identity of JEMS from NWCDS. The revised IGA clarifies and formalizes JEMS as intergovernmental agency, formed under the authority of Illinois Intergovernmental Cooperation Act and the Illinois Emergency Management Agency Act, which will be directly governed by the participating municipalities. One of the differences between the two agreements is the shift in governance and autonomy. Under the original Subscription Agreement, JEMS was treated as a program of NWCDS, subject to NWCDS Board decisions and administrative structure. In contrast, the updated IGA establishes JEMS with its own Board of Directors, composed of appointed officials from each participating municipality, with voting rights and authority defined by collectively adopted bylaws. This structure ensures that the participating municipalities have direct oversight over the program, decision -making is streamlined, and the emergency management functions are distinct from 9-1-1 dispatch or communications systems. Additionally, the new agreement enhances flexibility and long-term sustainability by explicitly granting JEMS the authority to enter into agreement, contracts, hire staff, and manage its own budget and services. This provides a simplified and clearer foundation for the entity to perform the regional preparedness, planning, and response efforts. It also opens the door for future interagency partnerships, grants, or expansion without requiring structural changes to NWCDS or creating interdependency issues. The revised agreement strengthens the financial processes, foundation, function, and accountability of JEMS while preserving the benefits of regional collaboration established in the original subscriber agreement. It reflects the best practices in intergovernmental cooperation and leaves JEMS open for growth in emergency management across the participating communities. JOINT EMERGENCY MANAGEMENT SYSTEM (JEMS) INTERGOVERNMENTAL AGREEMENT The undersigned Participating Municipalities agree, pursuant to the Constitution of the State of Illinois, 1970, Article VII, Section 10, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), and the Emergency Management Act (20 ILCS 3305/1 et seq.) as follows: Recitals WHEREAS, the Participating Municipalities, as defined herein, each have emergency management responsibilities, including preparedness, mitigation, response, and recovery efforts and programs, which can be enhanced through regional collaboration; and WHEREAS, the Participating Municipalities seek to enhance regional emergency management capabilities by establishing a Joint Emergency Management System (JEMS) that will serve as a collaborative entity to coordinate emergency preparedness, mitigation, response, and recovery efforts and programs. WHEREAS, JEMS will provide coordinated emergency management planning, training, resource and response support for the Participating Municipalities in accordance with federal, state, and local laws and guidelines. Agreement 1. Participating Municipalities The Participating Municipalities of this IGA are: Arlington Heights, Barrington, Buffalo Grove, Elk Grove Village, Hoffman Estates, Inverness, Mount Prospect, Palatine, Prospect Heights, Rolling Meadows, Schaumburg, Streamwood, and Wheeling. Additional municipalities may join JEMS if invited by the JEMS Board of Directors pursuant to the procedures outlined in the JEMS Bylaws, by adopting this Agreement. 2. Formation and Purpose The Participating Municipalities share a common interest in combining resources for regional emergency management, building community -wide emergency management capabilities, and providing emergency management training, and hereby form the Joint Emergency Management System ("'JEMS"), an intergovernmental agency, to coordinate their common interests and share costs and expenses related to those common interests. 3. Effective Date This IGA will go into effect on January 1, 2026. 4. Governance and JEMS Bylaws A. JEMS shall be governed by a Board of Directors ("JEMS Board"), whose powers 1 and responsibilities will be enumerated in JEMS Bylaws. B. Each Participating Municipality expressly agrees to appoint its chief appointed official to the JEMS Board. C. The Participating Municipalities agree that, within sixty (60) days of the Effective Date of this IGA, the JEMS Board will adopt Bylaws governing JEMS and its Board ("JEMS Bylaws"). D. Each Participating Municipality will have one vote on the JEMS Board, subject to revision by the JEMS Bylaws. E. The Participating Municipalities agree that the JEMS Bylaws will create JEMS Board Officers, including a Chair, Vice Chair, Secretary and Treasurer. F. The Participating Municipalities agree to abide by the JEMS Bylaws for the duration of this IGA. G. It is the intention of the Participating Municipalities that the JEMS Board has the authority to enter into contracts and hire, supervise, discipline, and otherwise control employees of JEMS. S. Invoicing and Payment A. Each Participating Municipality agrees to pay all fees and other costs as may be assessed by the JEMS Board. All payments shall be made on or before the due date set by the JEMS Board. B. Each Participating Municipality understands and agrees that non-payment of fees and other costs is a material breach of this IGA and is grounds for withholding the services provided by JEMS. 6. Duty to Cooperate The Parties understand that this IGA is an intergovernmental agreement. Accordingly, all Participating Municipalities agree to cooperate in all respects in the provision and receipt of services hereunder, including but not limited to the management of JEMS, the record keeping requirements of JEMS, the staffing of JEMS, and the costs and payment obligations of JEMS. 7. Notices All notices required to be given under this IGA shall be given by hand delivery, First Class U.S. Mail or national overnight courier to the addresses below: If to the JEMS Board: Director Northwest Central Joint Emergency Management System 1975 East Davis Street 2 Arlington Heights IL 60005 If to a Participating Municipality: Addresses listed below. 8. Governing Law and Venue This Agreement shall be governed by the laws of the State of Illinois. Jurisdiction over the parties and the venue for all disputes under this IGA or the JEMS Bylaws shall be in the Circuit Court of Cook County, Illinois. 9. Amendments and Waivers Except for a duly adopted amendment to the JEMS Bylaws, this IGA may not be amended, modified or waived in any respect except by written agreement duly and validly authorized, executed and delivered by all of the Parties hereto. 10. Authority of Signatories The individual signing on behalf of the Participating Municipality warrants that he/she/they have all due authority to execute this IGA and that Participating Municipality's governing board has taken all necessary steps to so authorize this IGA. 11. Severability The many terms and provisions of this IGA are severable. Should any court of competent jurisdiction for any reason declare any portion of this IGA unenforceable, those provisions remaining shall continue in full force and effect for the full term as provided herein. 12. Counterparts This IGA may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same IGA. Executed facsimile and electronic copies shall have the same force and effect as the original. [SIGNATURE PAGE FOLLOWS] 3 IN WITNESS WHEREOF, the Participating Municipalities have each caused this Agreement to be executed by duly authorized officers thereof as of the date and year written below. Village of Arlington Heights Village of Elk Grove Village By Its: By Its: Date: Date: Address: Address: Village of Barrington Village of Hoffman Estates By Its: By Its: Date: Date: Address: Address: Village of Buffalo Grove Village of Inverness By Its: By Its: Date: Date: Address: Address: 4 Village of Mount Prospect By Its: Date: Address: Village of Palatine By Its: Date: Address: City of Prospect Heights By Its: Date: Address: City of Rolling Meadows By Its: Date: Address: 5 Village of Schaumburg By Its: Date: Address: Village of Streamwood By Its: Date: Address: Village of Wheeling By Its: Date: Address: JEMS SUBSCRI PTION'AGREEM ENT— NWCDS Members THIS AGREEMENT ("Subscription Agreement") is made, entered into, and effective on i I this 27th day of Jlanuariy, 2017 ("Effective Date"), by and between the Northwest Central Displaitch System,, an intergovernmental cooperative, ("NWCDS"), and the Village olf Mount Prospect, ("Subscriber"). WHEREAS, the Subscriber, wishes to plarticipate in thle JOINT EMERGENCY MANAGEMENT SERVICE PROGRAM of the NWCDS ("JEMS Program") and expresisily des,l res to 2clhere to the JEMS Program Bylaws adopted January 12, 2016 and as amended from time to time by the NWCDS Board of'Directiors, A. The JEMS Program Bylaws adopted January 12, 2016, an' d as may be amended! from time to time by the NWCDS Board of Directors ("JEMS Bylaws"), are hereby expressly incorporated into this Agreement. Any such amendments to the JEMS Bylaws once adopted shall be in full force a�nd effect in this Subscription Agreement without further action by the parties. B Those terms defined in the KIVIS Bylaws shall have thle same meaning in this ,Subscription Agreement as set forth in the JEMS Bylaws. C. In the event of a conflict between this Subscription Agreement and the JEMS Bylaws, the JEMS Bylaws shall control. Mt-100"I"I 0n*.74ej_l Subscriber agrees to abidel by the JEMS Bylaws for the duration of this Subscription Agreement. Subscriber expressly agrees to designate members to the JEMS Board and any commlittees or siubcommittees thereof all in accordance with the, jEMS Bylaws. A. The Subscriber hereby agrees to play all subscription fees and other subscriber costs as may be assessed by the JEMS Board. All payment shall' be made on or before the due date set by the JEMS Board. B., Subscrib ' elr understands and agrees that non-payment of subscription fees and other subscriber costs is, a material breach of this Subscription Agreement and is grounds fol 658225,-vl-MFZ withholding the services provided under the JEMS program in addition to any other relief the NWCDS may have available to It. The Parties understand that this Subscription Agreement is an inter' overnmental agree gmient. Accordingly, both parties agree to cooperate in all respects in the: provision and receipt of services hereunder, including but not limited to the management of the JEMS Program, the record keeping i requirements of the JEMS Program, the staffing of the JEMS Program and the costs, and'paymenit obligations of the JEMS Program. 50 Notices. A. All notices required to be given undler these bylaws shall be g,iven by hand delivery, First Class, U.S. Mail or national overnight courier addressed as follow] Executive Director Northwest Central Dispatch System 19175 East Davis Street Arl; ington Heights IL 60005 Vil�l'agei Ma�nager Village of Mount Prospect 50 Si. Emerson Street Mount Prospect, IL 60,056 B. Notices shall be deemed given as set forth in the jEMS Bylaws. J.tj This Agreement shall be governed by the laws of the State of Illinois. Jurisdiction over the i 1! parties and the venue for all disputes under this Subscription Agreement or the JEMS Bylaws shall be in the Circuit Couirt of Cook County, Illinois. 7. Amendments & Waivers, Except for a duly adopted amendment to the JEMS Bylaws, this Agreement may not be 0 amended, modified or waived in any respect except by written agreement dully and va�lidly i authorized, executed" and deilivered by all of the Parties heireto. 658225-vl-IVFZ 2 I The Individual signing on behalf of Subscriber warrants that he/she has all due authority to execute this, Subscription Agreement and tihiat Subscriber's governing board has taken all necessary steps to so authorize this Subscription Agreement. IN WITNESSi WHEREOF, the partiesi have set their hands and affixed their seals on the date first written above. 10100,001 hn Ferraro, Executive Director a a , 9 a is L ■a 1k V Michael J. Cassady., Village; Manager 658225-vl-MFZ 3 RESOLUTION NO. A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE JOINT EMERGENCY MANAGEMENT SYSTEM (JEMS), THE VILLAGE OF MOUNT PROSPECT AND PARTICIPATING MUNICIPALITIES WHEREAS, The Village of Mount Prospect, Arlington Heights, Barrington, Buffalo Grove, Elk Grove Village, Hoffman Estates, Inverness, Palatine, Prospect Heights, Rolling Meadows, Schaumburg, Streamwood, and Wheeling (the "Participating Municipalities") agree, pursuant to the Constitution of the State of Illinois, 1970, Article VII, Section 10, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), and the Emergency Management Act (20 ILCS 3305/1 et seq.); and WHEREAS, the ""Participating Municipalities" each have emergency management responsibilities, including preparedness, mitigation, response, and recovery efforts and programs, which can be enhanced through regional collaboration; and WHEREAS, the Participating Municipalities seek to enhance regional emergency management capabilities by establishing a Joint Emergency Management System (]EMS) that will serve as a collaborative entity to coordinate emergency preparedness, mitigation, response, and recovery efforts and programs; and WHEREAS, JEMS will provide coordinated emergency management planning, training, resource and response support for the ""Participating Municipalities" in accordance with federal, state, and local laws and guidelines. NOW THEREFORE BE IT ORDAINED/RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Board of Trustees do hereby authorize the Village of Mount Prospect to enter into an Intergovernmental Agreement with the Joint Emergency Management System (JEMS) and the ""Participating Municipalities", a copy of which is attached hereto and made part of this Resolution as Exhibit A. That the Mayor is authorized to sign the agreement and the Village Clerk to attest. 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: NAYS: ABSENT: PASSED and APPROVED on this 28t" day of October 2025. Paul Wm. Hoefert Mayor ATTEST: Karen M. Agoranos, Village Clerk