S-1027 - 10/14/2008 - AGREEMENT - Ordinances Supporting Documents ITEM 10.B.2)
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F COUNIV,
AGENDA ITEM
Regular Board of Trustees Meeting
of
October 14, 2008
SUBJECT: Office of Emergency Management Mutual Aid Agreement
FROM: Blaine Wing, Assistant Emergency Management Coordinator
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: Motion for Passage of Resolution R-1027, A Resolution
Approving an Amendment to the Resolution Which Established a Mutual Aid Agreement
Between the Village of Oak Brook and DuPage County Office of Emergency Management
to Include the Approved Format for the Office of Homeland Security and Emergency
Management Mutual Aid Agreements
Background/History:
In 1997 the Village approved a resolution establishing a mutual aid agreement with the DuPage
County Office of Emergency Management for reciprocal disaster response and recovery
assistance. With changes that have been made as a result of the formation of the Office of
Homeland Security, that agreement must be updated in order that the Village's Office of
Emergency Management be accredited and qualify for assistance in the case of an emergency.
The agreement is similar to other DuPage County municipalities and will be reviewed by the
Village Attorney.
Recommendation:
The recommendation is that the Board of Trustees pass Resolution R-1027 in order to keep the
Village of Oak Brook a viable member of the DuPage County Office of Homeland Security and
Emergency Management, subject to any changes the Village Attorney recommends.
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RESOLUTION-AG-EM-EX1-R-1 027
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.
John W. Craig
Village President
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PASSED THIS 14th day of October, 2008.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
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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:
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
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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 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.
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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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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 John W. Craig
Office of Homeland Security Village President
And Emergency Management
DATED day of 12008. DATED day of 12008.
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Village of
Oak Brook February 26, 2009
1200 Oak Brook Road
Oak Brook,IL 60523-2255
Website
www.oak-brook.org
Administration
630.368.5000
FAX 630.368.5045 Mr. Joseph H. Kirts, Acting Director
DuPage County Office of Homeland Security
Community
Development And Emergency Management
630.368.5101 421 North County Farm Road
FAX 630.368.5128 Wheaton, Illinois 60187
Engineering Re: Village of Oak Brook Amendment to Mutual Aid Agreement
Department
630.368.5130 Resolution
FAX 630.368.5128
Fire Department
630.368.5200 Dear Mr. Kirts:
FAX 630.368.5250
Enclosed please find a certified originally-signed Resolution which the
Police Department Village of Oak Brook Board of Trustees passed on October 14, 2008. 1
630.368.8 .87 apologize for the delay in forwarding this to you. Attached to the
FAX 630.368.8739 Y 9 Y
Resolution is an originally-signed Mutual Aid Agreement. At your
Public Works convenience, would you please forward me a copy of the Agreement
Department after you have signed it.
630.368.5270
FAX 630.368.5295
Thank you for your patience in this matter.
Oak Brook
Public Library Sincerely,
600 Oak Brook Road
Oak Brook,IL 60523-2200
630.368.7700
FAX 630.368.7704 Charlotte K. Pruss
Village Clerk
Oak Brook Sports Core
CKP/rak
Bath&Tennis Club
700 Oak Brook Road enclosures
Oak Brook,IL 60523-4600
630.368.6420
FAX 630.368.6439
Golf Club
2606 York Road
Oak Brook,IL 60523-4602
630.368.6400
FAX 630.368.6419
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk
of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on October 14, 2008 the corporate
authorities of the above municipality passed and approved:
RESOLUTION 2009-AG-EM-EX1-R-1027
I DO FURTHER CERTIFY that the original document, of which the annexed copy is a
true copy, is entrusted to my care for safekeeping and I am the keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries,
resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook
Counties, Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of
the Village of Oak Brook this 26th day of February 2009
p �
Charlotte K. Pruss
F `,r Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois