S-1027 - 10/14/2008 - AGREEMENT - Ordinances Exhibits Resolution-AG-EM-R-1027
Authorizing Amndmnt.to Mutual Aid
Agmt.w/DuPage Co.Emrgncy.Mgmt./
Homeland Security Ofc.
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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
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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:
3305111. 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
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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 EOUIPMENT
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.
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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.
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Homeland Security Ofc.
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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,
Joseph H. Kirts, Acting Director o W. Craig
Office of Homeland Security / age President
And Emergency Management
DATED day of ' 2008. DATED day of U " ' 2008.