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S-1027 - 10/14/2008 - AGREEMENT - Ordinances RESOLUTION-AOG EM-EX1-R-1027 A RESOLUTION APPROVING AN AMENDMENT TO THE MUTUAL AID AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK, ILLINOIS AND DUPAGE COUNTY OFFICE OF EMERGENCY MANAGEMENT TO INCLUDE THE APPROVED FORMAT FOR THE OFFICE OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT MUTUAL AID AGREEMENTS WHEREAS, Article VII, Section 10 of the constitution of the State of Illinois (1970) authorizes units of local government, including municipalities, to contract to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act (51LCS 220/1 etseq., as amended) authorizes units of local government in Illinois to exercise jointly with any public agency of the State, including other units of local government and individually or to enter into contracts for the performance of governmental services, activities and undertaking; and WHEREAS, the Illinois Emergency Management Agency Act (2O1LCS 3305/13 as amended) authorizes the Emergency Management Coordinator of a political subdivision to develop mutual aid arrangements between political subdivisions and taxing districts for reciprocal disaster response and recovery assistance; and WHEREAS, the Village of Oak Brook entered into a Mutual Aid Agreement Between DuPage County and/or Public Agencies with DuPage County(Resolution R-689, dated April 22, 1997). NOW, THEREFORE, be it resolved by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, as follows: Section 1: That the President and Board of Trustees for the Village of Oak Brook hereby approve and authorize the President to execute the attached amendment to the approved format of the agreement entitled, "DuPage County Office of Homeland Security and Emergency Management Mutual Aid Agreement', attached hereto as Exhibit A and made a part hereof, and his execution shall be deemed the approved act of the Village of Oak Brook for the for the purposes set forth therein. Section 2: That the Village Clerk shall transmit a copy of this Resolution along with the DuPage County Office of Homeland Security and Emergency Management Mutual Aid Agreement to the Director of the County Office of Homeland Security and Emergency Management. Section 3: That all resolutions or parts of resolutions in conflict with the provisions of this Resolution are hereby repealed to the extent of such conflict. Section 4: That this Resolution shall be in full force and effect from and after its adoption as provided by law. APPROVED this 14th day of October, 2008. ohn W. Craig �` Village President Resolution-AG-EM-R-1 027 Authorizing Amndmnt.to Mutual Aid Agmt.w/DuPage Co.Emrgncy.Mgmt./ Homeland Security Ofc. Page 2 of 7 PASSED THIS 14th day of October, 2008. Ayes: Trustees Carson Kennedy Manofsky, Saiyed Sanford and Wolin Nays: None Absent: None ATTEST: I Charlotte K. Pruss Village Clerk UUt�TY Resolution-AG-EM-R-1 027 Authorizing Amndmnt.to Mutual Aid Agmt.w/DuPage Co. Emrgncy.Mgmt./ Homeland Security Ofc. Page 3 of 7 EXHIBIT A DUPAGE COUNTY OFFICE OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT MUTUAL AID AGREEMENT This Intergovernmental Agreement made and entered into on the dates herein specified, by and between the political subdivisions and taxing districts which have indicated by the signing hereof their intent to so participate on the dates indicated hereinafter: WHEREAS, Article VII, Section 10 of the constitution of the State of Illinois (1970) authorizes units of local government, including municipalities, to contract to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq., as amended) authorizes units of local government in Illinois to exercise jointly with any public agency of the State, including other units of local government individually or to enter into contracts for the performance of governmental services, activities and undertaking; and WHEREAS, the Illinois Emergency Management Agency Act (20 ILCS 3305/13 as amended) authorizes the Emergency Management Coordinator of a political subdivision to develop mutual aid arrangements between political subdivisions and taxing districts for reciprocal disaster response and recovery assistance; and WHEREAS, the Code of DuPage County (2005 Code Chapter 10, Section 10-6, as amended) authorizes the Director of the County Office of Homeland Security and Emergency Management ("OHSEM") to negotiate mutual aid agreements with municipalities or political subdivisions of the State; and WHEREAS, in the case of an emergency, disaster or in significant situations where local response capacity is insufficient, arising within the jurisdictional territories of a party hereto it is often desirable and necessary to require additional equipment and personnel, beyond that which each individual party is able to furnish from its own resources, to respond to such an emergency, disaster or significant localized situation; and WHEREAS, the parties hereto recognize that such an emergency, disaster or significant localized situation is likely to arise and desire to agree in advance to a system of mutual aid and assistance to meet such a situation, and at the same time to allocate risk and responsibility among themselves; and subdivisions and taxing districts for reciprocal disaster response and recovery assistance; and WHEREAS, the terms of this agreement have been approved and authorized by the County of DuPage pursuant to Resolution R-689 dated April 22, 1997. NOW THEREFORE, in consideration of the foregoing premises and of the covenants and conditions herein contained, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: I. DEFINITIONS a. The term "requesting party" shall collectively refer to the party, its agents, employees, volunteers, officers, representatives, and servants which requests or requires additional equipment and personnel to respond to an emergency, disaster or significant localized Resolution-AG-EM-R-1 027 Authorizing Amndmnt.to Mutual Aid Agmt.w/DuPage Co.Emrgncy.Mgmt./ Homeland Security Ofc. Page 4 of 7 situation within its jurisdictional limits. b. The term "responding party"shall collectively refer to the party, its agents, employees, volunteers, officers, representatives, and servants from whom aid or assistance is requested. c. The term "equipment and personnel" shall refer to any equipment owned by, or personnel employed by, the political subdivision, taxing district, or public agency. This refers to the jurisdiction as a whole, rather than within any single department or agency. d. The term "disaster" shall mean an occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from any natural or technological cause, including but not limited to fire, flood, earthquake, wind, storm, hazardous materials spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, or hostile military or paramilitary action. The term is not limited to disasters declared pursuant to statute or ordinance, but may include events where no declaration has been made. e. The term "emergency" shall refer to any situation that requires immediate response by the jurisdictions'first response departments or agencies to save lives, protect property and public health, or to lessen or avert the threat of a disaster. The term is not limited to emergencies declared pursuant to statute or ordinance, but may include events where no declaration has been made. f. The term "significant localized situation shall refer to any emergency or disaster situation which is not declared as such by statute or ordinance, but for which local resources are insufficient to respond adequately. g. The term "Coordinator" shall refer to a staff assistant to the principal executive officer of a political subdivision with the duty of coordinating the emergency management programs of that political subdivision. In the case of the County, the Director of the Office of Homeland Security and Emergency Management ("OSHEM") shall be the Coordinator, and may be referred to herein as"Director". h. The term "party' shall refer to any political subdivision or taxing district located within or partially within DuPage County, Illinois. i. The term "vicinity"shall mean the regions about, near or adjacent to the parties. II. EMERGENCY ACTIVATION OF THE TERMS OF THIS AGREEMENT The requesting or rendering of aid under the terms of this agreement, shall be authorized upon the declaration of a local emergency or disaster by the requesting party, as authorized under the Illinois Emergency Management Agency Act (20 ILCS 3305/11), or in a significant localized situation, as follows herein: 3305/11. Local disaster declarations. (a) A local emergency or disaster may be declared only by the principal executive officer of a political subdivision, or his interim emergency successor, as provided in Section 7 of the "Emergency Interim Executive Succession Act." It shall not be continued or renewed for a period in excess of 7 days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster shall be given prompt and general publicity and shall be filed promptly with the county clerk, township clerk, or the municipal clerk, as the case may be, in the area to which it applies. (b) The effect of a declaration of a local emergency or Resolution-AG-EM-R-1 027 Authorizing Amndmnt.to Mutual Aid Agmt.w/DuPage Co.Emrgncy.Mgmt./ Homeland Security Ofc. Page 5 of 7 disaster is to activate the emergency operations plan of that political subdivision and to authorize the furnishing of aid and assistance thereunder. (c) A significant localized situation may be determined by the Incident Commander, as that term is defined in the National Incident Management System (NIMS). (d) The effect of a determination of a significant localized situation by the Incident Commander is to authorize the furnishing of aid and assistance by any agency participating in a mutual aid agreement with the OHSEM ("responding party"), to supplement the resources of the requesting party at the direction or request of the County Director, and the emergency operations plan of the responding party may but need not be activated. III. POWER AND AUTHORITY a. Each party hereto authorizes its Emergency Management Coordinator, or his/her designee, acting on behalf of the party, to (1) request mutual aid from the other parties hereto or (2) render mutual aid to the other parties hereto to the extent that available personnel and equipment are not required for adequate protection of the responding party. b. In the event of an emergency, disaster or significant localized situation within its jurisdictional territory, the requesting party shall request assistance under this agreement by notifying the County Director as to the nature and location of the incident and the type and quantity of equipment and personnel needed. The County Director will dispatch the request to the appropriate responding party. c. The responding party shall have an absolute right to refuse any equipment or personnel (or portion thereof) to the requesting party consistent with the responding party's primary responsibility of providing emergency assistance to the responding party's own territory. This right of refusal shall be exercised by the responding party's Emergency Management Coordinator or the Principal Executive Officer or Administrator/manager, or in the absence of any of these persons, by that person's designee. Such decision shall be final. d. Nothing contained herein shall be construed to impose a duty on a party, its agents, employees, volunteers, officers, representatives, and servants to provide equipment or personnel to a requesting party under the terms of this agreement, and no liability shall attach for a failure to do so. In addition, once equipment and personnel have been provided, no liability shall attach for withdrawing such equipment or personnel. IV. CONTROL OF PERSONNEL AND EQUIPMENT a. The agents, employees, volunteers, officers, representatives, and servants of a party shall be deemed at all times during the emergency, disaster or localized situation to be agents, employees, volunteers, officers, representative, and servants of that party's own governmental entity, and shall be considered as acting in the course of their employment or relationship with that governmental entity. b. Equipment and personnel of a responding agency, functioning at the site of the emergency, disaster or significant localized situation shall be under the control and direction of the Incident Commander consistent with the National Incident Management System. The responding party shall designate a representative retain and exercise the absolute discretionary right to remove such equipment and personnel from the emergency, disaster or localized situation site at any time, but shall not so withdraw the aid without first orally notifying the requesting party. Resolution-AG-EM-R-1027 Authorizing Amndmnt.to Mutual Aid Agmt.w/DuPage Co.Emrgncy.Mgmt./ Homeland Security Ofc. Page 6 of 7 V. COMPENSATION FOR AID a. Equipment, personnel, and/or services provided pursuant to this agreement shall be provided at no direct charge to the requesting party. b. If state, federal, or private reimbursement becomes available for the emergency, disaster or significant localized situation, the charges for equipment, personnel, and/or services will be billed to the requesting party, based on prevailing wages and equipment costs, for consolidation into one claim by the requesting party. Reimbursement of costs to a responding party will be made from the first funds available from the state, federal, or private entity. VI. INDEMNIFICATION AND LIABILITY Nothing contained herein shall be construed to create a right claim or cause of action on behalf of any person not a party to this Agreement. Each party hereto agrees to waive all claims, except for indemnification below, 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 the result of gross negligence or willful misconduct by a party hereto or its personnel. All employee benefits, wage and disability payments, pensions, workers' compensation claims, damage to, or destruction of equipment or clothing, and medical expenses of the party rendering aid shall be the sole and exclusive responsibility of each respective party for its own employees, subject to any reimbursement under Section Vb above. Each party hereto requesting aid under this agreement shall indemnify the responding party providing the aid and hold harmless that party and its agents, employees, volunteers, officers, representatives, and servants from any liability for bodily injury or property damage to a third party caused by the personnel involved in rendering the mutual aid; provided, however, that such claim is not the cause of gross negligence or willful misconduct by the responding party or its personnel; and further, that there shall be no indemnification for any liability arising out of the operation of motor vehicles to and from the scene of aid pursuant to a request under this plan. VII. TERMINATION a. This agreement shall be in effect for a term of one (1) year from the date of execution by the DuPage County Director of the Office of Homeland Security and Emergency Management. It shall be automatically renewed for successive one (1) year terms unless terminated in accordance with this section. b. Any party may withdraw from this agreement at any time at its sole option by a resolution passed by its Board, Council or governing body. Obligations for reimbursement under Section Vb and as to liability under Section VI shall survive termination. c. Copies of any withdrawing resolution shall be filed with the respective clerks of the parties within five (5) days and with the DuPage County Office of Homeland Security and Emergency Management within thirty(30)days of passage. VI. MODIFICATION Modifications to this agreement may be negotiated by the Director of the County OHSEM without further approval of the County Board to the extent that changes are required to keep the agreement consistent with State and Federal law. Resolution-AG-EM-R-1027 Authorizing Amndmnt.to Mutual Aid Agmt.w/DuPage Co.Emrgncy.Mgmt./ Homeland Security Ofc. Page 7 of 7 IX. EFFECTIVE DATE The County Board has approved this agreement and authorized its execution by the Director of the County Office of Homeland Security and Emergency Management. When the Director receives resolutions indicating approval by the respective corporate authorities, as provided by law, he shall execute the agreement on behalf of the County and the agreement shall then be in full force and effect. IN WITNESS WHEREOF, this agreement has been duly executed by the following parties: COUNTY OF DUPAGE VILLAGE OF OAK BROOK, f VPresident Jo h . Kirts, ing Director O e o Homeland Security And Emergency Management DATED day of �R° t , 20 � DATED ��day of % 2008.