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IGA Fire & Emergency Medical Service Assistance with DuPage County 05-14-1985 INTERGOVERNMENTAL FIRE AND EMERGENCY MEDICAL SERVICE EMS MUTUAL AID AGREEMENT 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 by law 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 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 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 follows : , A - "EMERGENCY": An unforeseen occurrence or condition in a UNIT' S territorial jurisdiction which exceeds the UNIT' S capabilities to provide adequate service in the areas of fire fighting, fire prevention, hazardous material handling, 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. 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. 2 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 UNITS) in accordance with the Policies and Procedures provided herein and as established by the ASSOCIATION from time to time. 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 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 efficiently protect the health, safety and welfare of the public. 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 3 i necessary to preserve and protect the health, safety and welfare I 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 i 9 times the Chairman of the ASSOCIATION'S Mutual Aid Committee shall be a member of a UNIT which is a signatory hereto. i SECTION III AUTHORITY AND ACTION TO EFFECT MUTUAL AID A. Each UNIT hereby authorizes and directs its Fire Chief t 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. B. 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 and amount of equipment and personnel requested from the AIDING UNIT(S) , as set forth in the Policies and Procedures provided for herein. 4 C. The AIDING UNIT'S Fire 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. 5 SECTION VI e COMPENSATION A. Personnel and equipment P rovided pursuant to this 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 costs in assisting another UNIT pursuant to this Agreement, the s UNIT shall inform the STRICKEN UNIT of the anticipated unusual a 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 as adopted and amended from time to time. SECTION VII 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, emer- 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 maybe 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. 6 C. The ASSOCIATION may require that copies of evidence of a each UNIT' S insurance be provided to the ASSOCIATION for its i files. Each UNIT agrees that it shall provide evidence of insurance to the ASSOCIATION upon the ASSOCIATION'S request i { 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. B. 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. 7 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 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. Any UNIT may terminate this Agreement at any time , by giving 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, 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 o,f any calendar month. SECTION XI EFFECTIVE DATE OF THIS AGREEMENT 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. 8 SECTION XII BINDING EFFECT 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. SECTION XIII VALIDITY The invalidity of any provision of this Agreement shall not a render invalid any other provision. If, for any reason, any 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 NOTICES 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: DU PAGE COUNTY FIRE CHIEFS ASSOCIATION P. 0. Box 355 Lombard, Illinois 60148 ATT: Mutual Aid Committee Chairman To each UNIT at the address next to its signature . 9 SECTION XV GOVERNING LAW j This Agreement shall be governed, interpreted and construed i f in accordance with the laws of the State of Illinois. 3 SECTION XVI i 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, this Agreement has been duly executed by the parties whose names are subscribed below or on the signature pages as attached hereto from time to time , and which pages are specifically incorporated herein. DU PAGE COUNTY FIRE CHIEFS ASSOCIATION ORDINANCE OR RESOLUTION NO. P. 0. Box 355 &L-Z �, Z q Date Ad ted Lombard, Illinois 60148 BY : President z� ATTEST: %, f Secretar _ .-:. 3 Date o9jSignature 10 ` f j 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 3 April 2 , 1985, and to which this signature page will be attached, and agrees to be a party thereto and be bound by the c 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. Village of Oak Brook R-387 UNIT NAME ORDINANCE OR RESOLUTION 1200 Oak Brook Road May 14 1985 Street Address Date Adopted Oak Brook, Illinois 60521 �77 City, State , Zip BY P esident f=ag ATTEST: \Nr May 14 1985 e rk,, Date of Signature RESOLUTION NO. R— 387 RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL FIRE AND EMERGENCY MEDICAL SERVICE (EMS) MUTUAL AID AGREEMENT WHEREAS, in an effort to provide a common base for all Fire Departments in DuPage County to work together for the benefit of the citizens each department serves, the DuPage County Fire Chiefs Association ("Association") has drafted and executed an Intergovernmental Fire and Emergency Medical Service (EMS) Mutual Aid Agreement, a copy of which is attached hereto as Exhibit A; and WHEREAS, in the spirit of intergovernmental cooperation the Association is encouraging all municipalities in DuPage County to execute this Mutual Aid Agreement; and WHEREAS, it is in the best interests of the Village of Oak Brook to enter into this Agreement to secure 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, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as if fully set forth herein. Section 2: That the Village President and Village Clerk are hereby authorized and directed to execute an Intergovernmental Fire and Emergency Medical Service (EMS) Mutual Aid Agreement with the DuPage County Fire Chiefs Association and such other units of local government as execute said agreement. Said agreement shall conform substantially to the agreement which is attached hereto as Exhibit A. Section 3: This Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED AND APPROVED this 14th day of May , 1985, by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois according to roll call vote as follows: Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush and Winters Nays: O Absent: O Village President ATTEST: Village Clerk