R387 - 05/14/1985 - FIRE DEPARTMENT - Resolutions Supporting Documents voyf *1%14 askr .A
INTERGOVERNMENTAL FIRE AND EMERGENCY
MED'TCAL SERV CE (ENS, MUTUAL AID AGREMENT •
This Agreement is made and entered into on the dates set
forth next to the signature of each party hereto, by and between
the units of local government and _public agencies, (hereinafter
referred to as "UNITS"), which have approved this Agreement in
the manner provided by law, and have subscribed hereto and
further by and between these UNITS and the DU PAGE COUNTY FIRE
CHIEFS ASSOCIATION, (hereinafter referred to as "ASSOCIATION").
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 bylaw or ordinance; and,
WHEREAS, Illinois Revised Statutes, 1984, Chapter 127,
Section 743, entitled the "Intergovernmental Cooperation Act",
provides that any power or powers, privileges or authority exer-
cised 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, Illinois Revised Statutes, Chapter 127, Section
742, defines a public agency as follows:
"any unit of local
Y government as defined in the Illinois
Constitution of 1970, any school district, any public
community college district, the State of Illinois, any
agency of the State government or of the United States, or
of any other State, any political subdivision of another ''
State, and any combination of the above pursuant to an
intergovernmental agreement which includes provisions for a
governing body of the agency created by the agreement." !'
WHEREAS, Illinois Revised Statutes, 1981, Chapter 127-1/2,
Section 31(a), provides that a fire protection district may
contract for mutual aid from and to associations organized to
furnish fire protection services; and,WHEREAS, all parties hereto have determined that it is in 1 .
their best interests to enter into this Agreement to secure to �.
each the benefits of mutual aid in fire fighting, fire
prevention, hazardous material handling, provision of emergency
medical services or other' related services dealing with the
protection of life or property in an emergency.
NOW THEREFORE, in consideration of the foregoing recitals,
• the UNIT'S membership in the ASSOCIATION, and the covenants
herein contained, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION I
DEFINITIONS
In this Agreement, the following Terms shall be defined as j .
follows: , 1
A - "EMERGENCY": An unforeseen occurrence or condition in ii
a UNIT'S territorial jurisdiction which exceeds the UNIT'S
capabilities to provide adequate service in the areas of
fire fighting, fire handling,-prevention, hazardous material
provision of emergency medical services or other related
services dealing with the protection of life or property
such that the UNIT determines that it is necessary and
advisable to request aid. i.
B - "DESIGNEE": The individual named by a UNIT or its
Fire Chief to act in the Fire Chief's place and stead in the
Fire Chief's absence.
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C - "FIRE CHIEF": An individual who is designated by the
appropriate UNIT of government as having the primary respon-
sibility for emergencies as defined herein.
D - "MUTUAL AID": A definite and prearranged agreement and
plan whereby response and assistance is provided to a
STRICKEN UNIT by the AIDING UNIT(S) in accordance with the
Policies and Procedures provided herein and as established
by the ASSOCIATION from time to time.
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E - "UNIT": A unit of local government or an intergovern-
mental
public agency and the units of which the intergovern-
mental governmental public agency is comprised which is a
party to this Agreement.
F - "STRICKEN UNIT": A UNIT which requests aid in the
event of an emergency.
G - "AIDING UNIT": A. UNIT furnishing equipment and
manpower to a STRICKEN UNIT.
SECTION I II
PURPOSE AND INTENT
The parties recognize and acknowledge that in certain situa-
tions, such as, but not limited to, natural disasters and man-
made catastrophes, the use of an individual UNIT'S
personnel and
equipment to perform functions outside the territorial limits of
the UNIT is desirable and necessary to effectively and I�
efficiently protect the health, safety and welfare of the
public. II
The parties further expressly acknowledge that in certain situta-
tions, such as the aforementioned, the use of other individual
UNIT(S)' personnel and equipment to perform functions within the
territorial limits of the STRICKEN UNIT is desirable and
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necessary o
y preserve and protect the health, safety and welfare
of the public. Further, each party acknowledges that the coordi-
nation of mutual aid through the ASSOCIATION is' desirable for the
efficient and effective provision of such mutual aid.
• The ASSOCIATION, by its adoption hereof, agrees that at all 1
times the Chairman of the ASSOCIATION'S Mutual Aid Committee
shall be a member of a UNIT which is a signatory hereto. II
=MN III
AUTHOR TY AND EFFECT NUTU AID li
A. Each UNIT hereby authorizes and directs its Fire Chief
or his Designee to act on behalf of the UNIT in rendering and/or
requesting mutual aid to or from the other UNITS in accordance
with the Policies and Procedures provided herein and/or as estab-
lished by the ASSOCIATION from time to time. The aid rendered
shall be to the extent of available personnel and equipment not
.required for adequate protection of the AIDING UNIT. The judg-
ment of the Fire Chief, or his Designee, of the UNIT rendering
aid, as to the personnel and equipment available to render aid,
shall be final.
D. Whenever a STRICKEN UNIT requests aid pursuant to this
Agreement, .the STRICKEN UNIT'S Fire Chief or his Designee, shall
notify any and all AIDING UNITS of the nature and location of the
Occurrence, and the type ype and amount of equipment and personnel
requested from the AIDING UNIT(S), as set forth in the Policies
and Procedures
provided for. herein.
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C. The AIDING UNIT'S Firs Chief, or his Designee , shall
take the following action immediately. upon receipt of a request
for aid:
1. Determine the extent, if any, to which requested
• equipment and personnel are available for Mutual Aid.
2. Dispatch the requested equipment and personnel, to
the extent available, to the location of the occurrence
:reported by the STRICKEN UNIT.
3. Notify the STRICKEN UNIT if any or .all of the
requested amount or type of equipment or personnel
cannot be provided.
SECTION IV
JURISDICTION OVER PERSONNEL, AND EQUIPMENT
Personnel and equipment dispatched to aid a STRICKEN UNIT
pursuant to this Agreement remain employees, property, and
responsibility of the AIDING UNIT. Personnel and equipment
rendering aid shall report to the Fire Chief or Senior Officer of
the STRICKEN UNIT at the occurrence scene for direction and
assignment. The AIDING UNIT, at all times, retains the right to
withdraw any and all aid rendered upon order of its Fire Chief or
his Designee; provided, however, that the AIDING UNIT withdrawing
aid shall notify the Fire Chief or Senior Officer of the STRICKEN
UNIT of the withdrawal and the extent of the withdrawal of aid.
SECTION V
POLICY AND PROCEDURE
The Signatories may, from time to time, adopt Policies and
Procedures to provide for the orderly implementation of Mutual
Aid to be provided by the Agreement.
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SECTION VI
COMPENSATION
A. Personnel and equipment provided pursuant to this !I
Agreement under emergency conditions as defined herein shall be
provided at no charge to the STRICKEN UNIT, except as set forth
herein or in the Policies and Procedures.
B. In the event a UNIT anticipates unusual or burdensome
oasts in assisting another UNIT pursuant to this Agreement, .the
UNIT shall inform the STRICKEN UNIT of the anticipated . unusual
and burdensome costs, so that an agreement for reimbursement can
be reached. Said agreements for reimbursment of unusual and
burdensome costs may be set forth in the Policies and Procedures
- i
as adopted and amended from time to time.
SECTION VII LI
INSURANCE
A. Each UNIT agrees to obtain and maintain at its sole
expense , insurance, including: comprehensive, personal injury, !
property damage, worker's compensation, and, if applicable, *tiler
gency medical service malpractice insurance, . upon such terms as
!
in each party's judgment is best for the protection of itself,
its personnel and its equipment. The obligations of insurance
set forth in this Section may be satisfied by a party's member-
ship in a self-insurance pool.
B. A STRICKEN UNIT shall have no obligation to provide or !�
extend insurance coverage to insure the personnel of any AIDING
UNIT or to insure the acts or omissions of personnel of any
AIDING UNIT.
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C. The ASSOCIATION may require that copies of evidence of
each UNIT'S Insurance . be provided to the ASSOCIATION for its
files. Each UNIT agrees that it shall provide evidence of
insurance to the ASSOCIATION upon the ASSOCIATION'S request
II
therefore.
SECTION VIII
INDEMNIFICATION
A. Each UNIT receiving aid pursuant to this Agreement
hereby expressly agrees to indemnify, defend and hold harmless
any and all AIDING UNITS, their personnel, agents and servants,
from any and all claims, demands, liability, suits in law or in
equity, costs and expenses, which are made by any third party.
Further, each and every AIDING UNIT agrees to indemnify, defend
and hold harmless all other AIDING UNITS from any and all
claims, demands, liability, suits in law or in equity, costs and
expenses. These indemnities shall include reasonable attorneys
fees and costs that may arise from providing aid pursuant to this
Agreement. Except that there shall be no indemnification for any
liability arising out of any willful misconduct of an employee or
agent, nor for any liability arising out of the driving of fire
trucks, automobiles or other apparatus to and from the scene of
aid pursuant to a request under this Agreement.
S. Each UNIT, whether an AIDING UNIT or STRICKEN UNIT,
agree that, except as otherwise provided herein, it shall remain
solely and exclusively responsible for the employee benefits,
wage and disability payments, pensions, worker's compensation
claims, medical and hospitalization claims of its employees and
agents, and for its own property losses.
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SECTION IX
NON-LIABILITY FOR FAILURE TO RENDER AID
No UNIT, nor its agents or personnel, shall be liable to any
other UNIT, whether expressly or impliedly, for its failure or
refusal to, render aid pursuant hereto, nor for the withdrawal of
it
aid, in whole or in part, which has been provided pursuant to
this Agreement.
• SECTION X
TERM
This Agreement shall be in effect for a term of one year
from the date hereof and shall automatically renew for successive �
one year terms unless terminated in accordance with this Section.
ii
Any UNIT may terminate this Agreement at any time, by. giving ,
Ii
written notice to the Mutual Aid Committee Chairman of the !'
ASSOCIATION specifying the date of termination. The written
notice provided herein shall be given by personal delivery,
I:
registered mail, Or certified mail, at least ninety (90) days
prior to the date on which termination is to be effective. All
terminations shall be effective on the last day of any calendar
month.
SECTION XI
EFFECTIVE DATE OF THIS AGREEMENT it
This Agreement shall be in full force and effect upon
approval by the respective parties as may be provided by law and
upon proper execution hereof. Each UNIT shall file a copy of its
ordinance or resolution entering into this Agreement with the
ASSOCIATION'S Mutual Aid Committee Chairman.
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AMMIMMOOMMIli
SECTION XII
BINDING EFFECT E T ' .
This Agreement shall be binding upon and inure to the
benefit of any successor entity which may assume the obligations
of a UNIT hereto. However, this Agreement may not be assigned by
any UNIT without the prior written consent of the ASSOCIATION,
and this Agreement may not be assigned by the ASSOCIATION without
the prior written consent of all UNITS hereto. • II
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• SECTION XIII
. VALIDITY .
The invalidity of any provision of this Agreement shall not � �
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render invalid any other provision. If, for any, reason, any j,
provision of this Agreement is determined by a Court of competent
jurisdiction to be invalid or unenforceable, that provision shall
be deemed -severable, and this Agreement may be enforced with that
provision severed or as modified by Court order.
SECTION XIV I •
NOTICES j
:All .notices required hereunder shall be made in writing and
shall be served personally, by registered mail, or by certified
mail, to "the parties at the following addresses, or , at such
addresses as may be designated in writing from time to time:
To the ASSOCIATION at: j
DU PAGE COUNTY FIRE CHIEFS ASSOCIATION
P. O. Box 355 • i'
Lombard, Illinois 60148
ATT: Mutual Aid Committee Chairman
To each UNIT at the address next to its signature.
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n
SECTION XV
GOVERNING LAW
This Agreement shall be
governed interpreted and construed
in accordance with the laws of the State of Illinois.
• SE-.. C�NXVI .
AMENDMENTS .
This• Agreement may be amended only by the written consent of
all parties hereto. Provided, however, that this Section has no
application` .to the amendment of mutual aid Policies and-
Procedures which may be made, and amended from time to time, by
the ASSOCIATION as provided in this Agreement and otherwise.
SECTION ,xVII
EXECUTION IN COUNTERPARTS
This. Agreement may be executed. in multiple counterparts or
duplicate originals, or with multiple signature pages, each of
which shall constitute and be deemed one and the same document.
IN WITNESS WHEREOF, l
REOF, this Agreement has been duly executed by
the parties whose names are subscribed below or on the signature
pages as attached hereto from- ti-me to time, and which pages are
specifically incorporated herein.
DU PAGE COUNTY. FIRE CHIEFS it
ASSOCIATION
ORDINAsCE OR RESOLUTION NO.
P. 0. Box 355 (j)
t w/ , •
la e • ^'.to
Lombard, Illinois 60148
BY: �!� .� A!'
•res •en
•
ATTEST: /�;�� '� ' , s • � ,��Critter,'' nurn
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The undersigned unit of local government or public agency
hereby subscribes and approves the INTERGOVERNMENTAL FIRE AND
EMERGENCY MEDICAL SERVICE (EMS) MUTUAL AID AGREEMENT to which the
. DU PAGE COUNTY FIRE CHIEFS ASSOCIATION adopted on
• April 2 , 1985, and to which this signature page will be
attached, and agrees to be a party thereto and be bound by the
terms thereof. This Signatory certifies that this Agreement has '!
been adopted and approved by ordinance, resolution, or other
. manner approved by law, a copy of which document is 'attached
hereto.
Villa a of Oak Brook g 7
UNIT NAM ORDNANCE OR RESOLUTION
1200 Oak Brook Road May 14 19
Street Address= Date Adopted
opted
Oak Brook, Illinois 60521
City,- State, Zip ,4/
BY: .%��.� �� /
-- , P es dent f
ATTEST: �o►}' tIg - ci,_ + May 14. 85
CC er bate of-Signature
. . %AYR-.3 7 . .
VILLAGE OF OAK BROOK Minutes -2- May 14, 1985
B. RESOLUTION NO. 1-389 - RESOLUTION OF APPRECIATION - WILLIAM R.
WATSON, JR.
President Cerne read in its entirety a proposed resolution commending
William R. Watson, Jr. for his service to the Village as a member of the
Zoning Board of Appeals from 1959 to 1962, as a member of the Plan
Commission from 1969 to 1971 and as a member of the Board of Trustees from
1980 to 1985.
Trustee Imrie moved, seconded by Trustee Rush...
To pass and approve Resolution No. R-389 as presented.
VOICE VOTE: All present, in favor. So ordered.
AP RESOLUTION NO. 1-387 - A RESOLUTION AUTHORIZING EXECUTION OF
INTERGOVERNMENTAL FIRE AND EMERGENCY MEDICAL SERVICE (EMS) MUTUAL AID
AGREEMENT.
Trustee Bushy moved, seconded by Trustee Maher...
To pass and approve Resolution No. R-387 as presented and waive reading of
same and authorize the Village President and Village Clerk to affix their
signatures thereon.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
D. ORDINANCE NO. 0- - AN ORDINANCE AMENDING SECTION 2 OF THE CODE OF
ORD OF THE VILLAGE OF OAK BROOK. ILLINOIS AND INCREASING THE
NUMBER OF AUTHORIZED LIQUOR LICENSES.
As directed at the Regular Meeting of April 23, 1985.
Trustee Rush moved, seconded by Trustee Philip...
To pass and approve Ordinance No. G-359 as presented and waive reading of
same.
ROLL CALL VOTE: Ayes: Trustees Bushy, Philip, Rush and President Cerne.
Nays: Trustees Imrie and Maher.
Absent: None
Abstain: Trustee Winters. So ordered.
E. ORDINANCE NO. G-360 - AN ORDINANCE AMENDING ORDINANCE MO. 6-177, THE
TRAFFIC CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS, AS AMENDED
(Handicapped Parking).
Proposed ordinance conforms with the recent amendments to the Illinois
Vehicle Code related to enforcement of handicapped parking regulations on
private property.
Trustee Bushy moved, seconded by Trustee Rush...
To pass and approve Ordinance No. 0-360 as presented and waive reading of
same.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
VILLAGE OF OAK BROOK Minutes -7- Nay 14, 1965
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