R-1960 - 09/14/2021 - AGREEMENTS - Resolutions Exhibits ORDINANCE NO.21- 088
AN ORDINANCE AUTHORIZING A MUTUAL AID AGREEMENT
WITH THE VILLAGE OF OAK BROOK
WHEREAS,the Village of Westmont is a municipal corporation duly organized and
operating pursuant to the laws of the State of Illinois;and
WHEREAS,the Village of Westmont,through its Fire Department,and the Village of
Oak Brook,through its Fire Department("Oak Brook")are currently parties to a Mutual Aid
Agreement which has expired or which is about to expire;and
WHEREAS,said parties desire to enter into a new Mutual Aid Agreement for successive
one-year terms whereby the Village of Westmont Fire Department and Oak Brook will provide
automatic mutual aid to each other,including the dispatch of fire apparatus and personnel to the
stricken community,in the event of an emergency;and
WHEREAS,this Mutual Aid Agreement is a form of an intergovernmental agreement
which is authorized by Article 7,Section 10 of the Illinois Constitution and by the
Intergovernmental Cooperation Act,5 ILCS 220/1,et seq.;and
WHEREAS,the Village of Westmont Board of Trustees desires to authorize and approve
the Mutual Aid Agreement with Oak Brook,finding this Mutual Aid Agreement will benefit and
promote the public health,safety and welfare.
NOW,THEREFORE,BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Westmont,DuPage County,Illinois,as follows:
Section 1: The above-stated recitals are hereby restated and incorporated into this
Section 1 as though fully set forth herein.
Section 2: The Mutual Aid Agreement between the Village of Westmont and Oak
Brook,a copy of which is attached hereto as Exhibit"A,"is hereby approved. The Village
Manager and Fire Chief,or their respective designees,are authorized and directed to execute this
Mutual Aid Agreement on behalf of the Village of Westmont.
Section 3: All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed to the extent of the conflict.
Section 4: This ordinance shall be in full force and effect after its passage,approval
and publication as provided by law.
PASSED AND APPROVED by the Mayor and Board of Trustees of the Village of
Westmont,DuPage County,Illinois,this 291 dayof July,2021.
Ayes:.5— Nays: Absent:--L
APPROVED:
Ronald J Gunter,%,ayo
ATTES i:
Virgini �zymski,VillageV-ferk
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EXHIBIT"A"
MUTUAL AID AGREEMENT BETWEEN THE VILLAGE OF WESTMONT
AND THE VILLAGE OF OAK BROOK
Automatic Aid Agreement
Village of Westmont and Village of Oak Brook
THIS AUTOMATIC MUTUAL AID AGREEMENT("Agreement")is entered into between
the Village of Westmont,an Illinois municipal corporation,through its Fire Department
and the Village of Oak Brook,an Illinois municipal corporation,through its Fire
Department and is effective this2eday of August,2021 ("Effective Date").
1. Authority
This Agreement is authorized by the Constitution of the State of Illinois(III.Const..Art.
VII Sec 10)and the Illinois Intergovernmental Cooperation Act(5 ILCS 220/1,et sea.)
which authorize units of government to contract with one another and to exercise
combine transfer and enioy jointly any power or powers,orivileges.functions.or
authority exercised or which may be exercised by anyone of them and to enter into
intergovernmental agreements for that purpose.
2. Purpose
The purpose of this Agreement is to provide for the automatic mutual aid between the
Westmont Fire Department and the Oak Brook Fire Department(each a Member Unit
as defined herein)for emergencies,including the dispatch of medic,engine,ladder,
squad company,communications vehicle,chief and/or any specialty vehicle,
simultaneously with necessary equipment and personnel,to the stricken community to
predetermined areas in the event of an emergency.
3. Definitions
A. Mutual Aid Box Alarm System(MABAS). A definite and prearranged plan
whereby response and assistance is provided to a Stricken Unit by the Aiding
Unit(s)in accordance with the system established and maintained by MABAS
Member Units and amended from time to time.
B. Stricken Unit. A Member Unit which requests aid in the event of an emergency.
C. Aiding Unit. A Member Unit furnishing equipment,personnel and/or services to a
Stricken Unit.
D. Member Unit. A unit of local government including but not limited to a city,village
or fire protection district having a fire department recognized by the State of
Illinois;or an intergovernmental agency and the units of which the
intergovernmental agency is comprised which is a party to the MABAS
Agreement and has been appropriately authorized by the governing body to
enter into such an agreement,and to comply with the rules and regulations of
MABAS.
E. Emergency. An occurrence or condition in a Member Unit's territorial jurisdiction
which results in a situation of such magnitude and/or consequence that it cannot
be adequately handled by the Stricken Unit and such that a Member Unit
determines the necessity and advisability of requesting aid.
F. Automatic Mutual Aid. The automatic dispatch of an Aiding Unit to a Stricken
Community in a predetermined area upon the receipt of a report of an
emergency. A minimum of three(3)personnel will respond on all apparatus with
the exception of ambulances which will respond with two(2)personnel. If
manpower or an Aid Unit is not available,the Stricken Unit must be promptly
notified that no assistance will be given.
4. Dispatching
Village of Westmont Incidents
As Addison Consolidated Dispatch Center(ACDC)dispatches for the Westmont Fire
Department,calls for service where Oak Brook is requested will be entered in DuPage
County CAD.Oak Brook will be automatically dispatched in CAD and the call will be
sent out through DuPage County Fire Station Alerting including Oak Brook's dispatch
radio talkgroup. Responding Oak Brook units will communicate directly with ACDC on
FDACDC1 unless otherwise directed.
Village of Oak Brooklncidents
As DuPage Public Safety Communication(Du-Comm)dispatches for the Oak Brook
Fire Department,calls for service where Westmont is requested will be entered in
DuPage County CAD.Westmont will be automatically dispatched in CAD and the call
will be sent out through DuPage County Fire Station Alerting including Westmont's
dispatch radio talkgroup. Responding Westmont units will communicate directly with
DuComm on FDEAST unless otherwise directed.
5. Cancellation of Requests for Automatic Aid
Upon arrival of the Stricken Unit's first arriving company, it is determined as a result of
their investigation that there is no emergency,the Incident Commander or highest
ranking officer shall cancel and/or return the automatic Aiding Unit as soon as possible.
6. Areas of Response
Response to the Village of Westmont for all reported emergencies will be with a Squad
Company,Engine Company,Ladder Company,Medic Unit,Specialty Vehicle or Chief
Officer as specified in the most current version of the CAD running orders and MABAS
Box Alarm cards for the Westmont Fire Department.
Response to the Village of Oak Brook for all reported emergencies will be with a Squad
Company,Engine Company,Ladder Company,Medic Unit,Specialty Vehicle or Chief
Officer as specified in the most current version of the CAD running orders and MABAS
Box Alarm cards for the Oak Brook Fire Department.
7. Control of the Scene of the Emergency
The Incident Commander or highest ranking officer of the Stricken Unit who is present
shall assume full responsibility and command for operations at the scene of the
emergency. The Aiding Unit shall report to,and shall follow all lawful orders from,the
Stricken Unit. However,at all times,the personnel of the Aiding Unit shall remain
employees of the Aiding Unit and shall adhere to the policies and procedures of their
own employer.
8. Inability to Render Automatic Aid
Each Member Unit,through the decision of its Fire Chief or designee,reserves the right
to refuse to render automatic aid or to recall any or all rendered automatic aid,
whenever it believes that such refusal or recall is necessary to ensure adequate
services,equipment and protection within its own jurisdiction.
9. Tr inin
Each Member Unit will be responsible for familiarization with all areas of response.
Interdepartmental training will be conducted on a regular ongoing basis.
10. Maps and Pre-Plans
Each Member Unit will furnish the other Member Unit with current maps and pre-plans
for the Member Unit's areas of response.
11 Expenses of Automatic Aid
All automatic aid provided under this Agreement by an Aiding Unit shall be provided
without reimbursement from the Stricken Unit. Nothing in this Agreement prohibits an
Aiding Unit from seeking reimbursement or defrayment of any expenses incurred in
providing automatic aid from other third party sources. The Stricken Unit agrees to
cooperate with reasonable requests from the Aiding Unit to seek reimbursement or
defrayment of automatic aid expenses from other third party sources.
12. Insurance
Each Member Unit shall maintain insurance as required by law for its own employees
and shall indemnify its own employees as may be required by State law or local
ordinance. Each Aiding Unit is responsible for replacing or repairing any damage to
equipment incurred in responding to an automatic aid request,regardless of fault,
unless such damage is caused by the willful acts or gross negligence of the Stricken
Unit.
13. Term and Termination
This initial term of this Agreement shall be one(1)year from the Effective Date,and this
Agreement shall automatically renew for successive one(1)year terms unless a
Member Unit notifies the other Member Unit in writing at least ninety(90)days prior to
the end of the then-current term of its intent to terminate the Agreement upon the
expiration of the then-current term. In the event that a Member Unit wishes to terminate
this Agreement during the term,it must notify the other Member Unit in writing at least
ninety(90)days prior to the specified date of termination.
14. MABAS Agreement
The MABAS Agreement adopted in 1989(revised 2014)by all Member Units is hereby
made a part of this Agreement as if fully set forth herein. If there is a conflict between
the MABAS Agreement and this Automatic Aid Agreement,this Agreement shall govern.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date
herein above written.
Date Village Man ger Steve May
Village 0f hestmont
Date Fire Ch' ve Riley
Village o stmont
Date A i Village ger
Vi age of Oak 131-8ok
Dat Chief Jim Arie
Village of Oak Brook