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R-689 - 04/22/1997 - EMERGENCY MANAGEMENT - Resolutions RESOLUTION 97-AG-EM-CX1-R-689 A RESOLUTION To ESTABLISH A MUTUAL AID AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK AND DU PAGE COUNTY OFFICE OF EMERGENCY MANAGEMENT WHEREAS, the DuPage County office of Emergency Management (OEM) is authorized to enter into mutual aid agreements with other political subdivisions by the following: Article VII, Section 10 of the Constitution of the State of Illinois (1970), and the Intergovernmental Cooperation Act (5 ILLS 220, Section 1-8, 1992, as amended), the Illinois Emergency Management Act (20 ILLS 3305, Section 13, 1995, as amended) and the Code of DuPage County (Chapter 10, Section 10-5, 1994, as amended); and WHEREAS, the Village of Oak Brook and DuPage County of Emergency Management are authorized to enter into mutual aid agreements with other political subdivisions by the following: Article VII, Section 10 of the Constitution of the State of Illinois (1970), and the Intergovernmental Cooperation Act (5 ILLS 220, Section 1-8, 1992, as amended), the Illinois Emergency Management Act (20 ILCS 3305, Section 13, 1995, as amended) and Section 2-204 of the Code of ordinances of the Village of Oak Brook; and WHEREAS, in the case of an emergency or disaster arising within DuPage County or other political subdivision, it is often desirable and necessary to require additional equipment and personnel beyond which each political subdivision is able to furnish from its own resources, to combat such an emergency or disaster; and WHEREAS, the County of DuPage and the Village of Oak Brook desire to agree in advance to a system of mutual aid and assistance with other political subdivisions to meet such an emergency or disaster. 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 attached mutual aid agreement is approved by the Village of Oak Brook; and Section 2: That the Village President, or her successor, is hereby authorized and directed to execute any agreement which is consistent with the mutual aid agreement, and her execution shall be deemed the approved act of the Village of Oak Brook for the purposes set forth therein; and Section 3: That the Village Clerk transmit certified copies Of this Resolution along with the mutual Aid Agreement and Designation of Local Emergency Management Coordinator, attached thereto to the following: Thomas Mefferd, Coordinator, DuPage County office of Emergency Management, 136 North County Farm Road, Wheaton, IL 60187. PASSED AND APPROVED this 22nd day of April, 1997 by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, according to a roll call vote as follows: Ayes: _Trustees Nays: None Absent: Trustee Shumate Abstain: bone Vi lag& Pre+sidptt Sol t?A . t ►ifiEST s '., if i RESOLUTION FI-0029-g7 A RESOLUTION TO APPROVE A STANDARD FORM FOR THE DUPAGE COUNTY OFFICE OF EMERGENCY MANAGEMENT TO USE TO ESTABLISH A MUTUAL AID AGREEMENT BETWEEN THE COUNTY AND OTHER P9LMCAL SUBDIVISIONS AND/OR PUBLIC AGENCIES WTTIBN DUPAGE i COUNTY. WHEREAS, the DuPage County Office of Emergency Management(OEM)is authorized to enter into mutual aid agreements with other political subdivisions by the foHowing: Article VII;Section 10 of the'Cmistitution of the State of Illinois(1970), the Intergovernmental Cooperation Act(5 IL.CS 220, Section 1-8, 1992, as amended), the Illinois Emergency Management Act(20 ILCS 3305, Section 13, 1995, as amended). and the Code of DuPage County(Chapter 10, Section 10-5, 1994, as amended);and WHEREAS, in the case of an emer g en cy or disaster arising within DuPage i County or other political subdivisions, it is often desirable and necessary to require additional equipment and personnel, beyond which each political subdivision is able to furnish from its own resources, to combat such an emergency or disaster;and WHEREAS, the DuPage County OEM desires to agree in advance to a system of mutual aid and assistance with other political subdivisions to meet such an emergency or disaster. NOW THEREFORE BE IT RESOLVED, that the attached mutual aid agreement is approved as an acceptable standard form for the DuPage County OEM to utilize; and BE IT FURTHER RESOLVED, that Thomas O. Mefferd, or his successor, is hereby authorized and directed to execute any agreement which is consistent with the approved for-n on behalf of the County, and his execution shall be deemed the approved act of the County for the purposes set forth therein; and BE IT FURTHER RESOLVED,that the Clerk transmit certified copies of this Resolution with Agreement attached thereto to the following: Thomas Mefferd, Coordinator,DuPage County Office of Emergency Management, 136 N. County Faun Road, Wheaton, Illinois 60187;the Auditor,the Treasurer,the Finance Director;the State's Attorney's Offtce;.and to Gayle M.Franzen, Chairman,DuPage County Board. Enacted and approved this 11th day of i March ; 1997, in Wheaton, Illinois. Vim....: Gay ' Franzen,.Chairma Dr�Page: Board ATTEST: Gary A County Clerk Ayes: 19 Absent: 5 ,s ord1rm1utioruffi-0629-97J*ww) 2 i DuPAGE COUNTY EMERGENCY MANAGEMENT MUTUAL AID AGREEMENT This Intergovernmental Agreement made and entered into on the dates herein specified,by and between the political subdivisions and twang 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,Sections I through 8, 1992 as amended)authorizes units of local government in Illinois to exercise jointly with any public agency of the State,including other units of local r7mrtment individually or to enter into contracts for the performance of governmental services, activities and undertaking;and WHEREAS,the Illinois Emergency Management Act(20 H CS 3305,Section 13, 1995 as amended)authorizes the Emergency Management Coordinator of a political subdivision to develop mutual aid arrangements between public agencies and political subdivisions for reciprocal disaster response and recovery assistance;and WHEREAS,the Code of DuPage County(Chapter 10,Article 1,Section 10-5, 1994 as amended)authorizes the Coordinator of OEM to negotiate mutual aid agreements with other cities or political subdivisions of the State;and WHEREAS,in the case of an emergency or disaster 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 famish from its o%%m resources,to combat such an emergency or disaster,and WHEREAS,the parties hereto recognize that such an emergency or disaster 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 WHEREAS,the terms of this agreement have been approved and authorized by the County of DuPage pursuant to Resolution F I-0 0 2 9-9 7 dated, March 11, 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 request or require additional equipment and personnel to combat an emergency or disaster 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 wrl single department or agency. d. The terns"disaster"shalt 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 c ontaminatton 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. 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. f. The term"Coordinator"shall collectively 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. g. The term"party"shall collectively refer to any political subdivision or taxing district located within DuFage County,Illinois. h. The term-vicinity"shall mean the regions about,near or adjacent to the parties. II. EMERGENCY ACTIVATION OF THE TERMS OF THIS AGREEMENT jThe requesting or rendering of aid under the terms of this agreement,shall be ! authorized only upon the declaration of a local emergency or disaster by the requesting party, as authorized under the Illinois Emergency Management Act(20 ILCS 3305, Section 11),as follows herein: 3305111. Local disaster declarations. (a) A local disaster may be declared only by the principal executive officer of a political subdivision,or his interim emergency successor,as pro, ded in Section 7 of the "Emergency Interim Executive Succession Act." It shall 2 f not be continued or renewed for a period m 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 cleric,as the case may be, in the area to which it applies. (b) The effect of a declaration of a local disaster is to activate the emergency operations plan of that political subdivision and to authorize the furnishing of aid and assistance thereunder. III.1'f3WER AND AUTIiORITY I a. Each parry 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 or disaster within its jurisdictional territory,the requesting party shall request assistance under this agreement by notifying the Emergency Management Coordinator of the responding party&s to the nature and location of the incident and the type and quantity of equipment and personnel needed. c. The respmdmg party shall have an absolute right to refuse any exluipment 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 Mall be exercised by the responding party's Emergency Management Coordinator,as well as the Principal Executive Officer or Administrator/manager,or in his/her absence his/her 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 EQUIPWNT a. The agents, employees, volunteers,officers, representatives,and servants of a party shall be deemed at all times during the emergency or disaster 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. 3 7777777777—r"7- A *-� b. Equipment and personnel of a responding agency,functioning at the site of the emergency or disaster shall be under the sole control and direction of the responding party The responding party shall designate a representative to exercise that control and direction including the absolute discretionary right to remove such equipment and personnel from the emergency or disaster site at any time,but shall not so withdraw the aid without fast orally notifying the requesting party. V. COWENSATION 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 or disaster,the charges for equipment,personnel,and/or services will be bil►.-,:a to the requesting party,based on prevailing wages and equipment costs;f consolidation into one claim by the requesting party. Reimbursement of costs to a.responding party will be msde from the first finds available from the state, federal,or private entity. VI.INDEMINMCATION AND LIAB1i..PTY 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 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 willf d misconduct by a party hereto or its personnel. All employee benefits,wage and disability payments,pensions,work-ers' 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. 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 wider this plan. 4 if VU. EFFECTWENESS F This agreement shall be in full force and effect upon receipt by the DuPage County Office of Emergency Management of resolutions indicating approval by the respective •orporate authorities,as provided by law,and upon proper execution thereof. VIII. T ATTON a. This agreement shalt be in effect for a term of one(1)year from the date of signature hereof and shall automatically resew for successive one year terms unless terminated in accordance with this section. b. Any participating political subdivision or taxing district may withdraw from this agreement at any time,at its option,by resolution passed by its Board or Council. C. Copies of such resolutions withdrawing from this agreement shall be filed with the respective political subdivision within five(5)days;and with the DuPage County Office of Emergency Management within thirty(3 Q)dabs of its passage and approval. IN WITNESS WfMMF,this agreement has been duly executed by the following parties: DuPage County Office of Other Political Subdivision Emergency Management THE VILLAGE OF OAK BROOK, a municipal corporation i i g -�. �c� 1• — Btj Thomas O.Mefferd,Coor ' ator Name,Title Karen M. Bushy/Qom' Village Presidetlt C �I 5 *. ,e=/ 9 • • /� STATE OF ILLINOIS) } COUNTY OF DU PAGE) I. GARY A. KING, COUNTY CLERK AND CLERK OF THE COUNTY BOARD IN THE COUNTY AND STATE AFORESAID, AND KEEPER OF THE RECORDS AND FILES THEREOF, DO HEREBY CERTIFY THE FOREGOING TO BE A TRUE AND CORRECT COPY OF A RESOLUTION ADOPTED BY THE COUNTY BOARD AT A MEETING HELD AT THE DU PAGE CENTER, 421 N. COUNTY FARM ROAD, -WHEATON, ILLINOIS, ON THE 11TH DAY OF MARCH A.D. 19 97 , ALL OF WHICH APPEARS FROM THE RECORDS OF THE PROCEEDINGS OF SAID COUNTY BOARD NOW IN MY OFFICE REMAINING. GIVEN UNDER MY HAND AND OFFICIAL SEAL AT WHEATON, ILLINOIS, THIS 11TH DAY OF MARCH A.D. 19 97 COUNTY C K AND CLERK OF HE COUNTY BOA OF DU PAGE COUNTY, ILLINOIS ii