HomeMy Public PortalAboutResolution 1491Resolution No.
Emergency Mutual Aid in Public Works
WHEREAS, the Public Works Advisory Committee of the Will County Governmental .League
has recognized the need to develop a joint mutual aid agreement in the event of a natural or man-
made occurrence; and
WHEREAS, the occurrence requires assistance from other participating member municipalities
and townships in the form of personnel, equipment and material resources; and
THEREFORE, the city/ vill~ age o gives full suppork and approval to
the Will County Governmental League Publ' Works Emergency Mutual Aid Service
Agreement, and authorizes its presiding officer to execute said agreement; and
BE IT FURTHER RESOLVED, the discretion for equipment use and general assistance is the
prerogative of the Director of the Department of Public Works or his/ her designee as provided
for in the Service Agreement.
BE IT FINALLY RESOLVED that this resolution shall be in full force and effect from and after
its passage and approval as provided by law.
Passed and approved this _____~ day of ~,~ _.__ in the year 20~.
Sig ure
Title
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Title
Will County Governmental League
Public Works Emergency Mutual Aid
Intergovernmental Service Agreement
Section One- Purpose
The Public Works Emergency Mutual Aid Intergovernmental Service Agreement (Service
Agreement) which has been adopted by. Will County municipalities is made in recognition of the
fact that natural or man- made occurrences may result in situations which are beyond the ability
of an individual municipality to deal with effectively in terms of personnel, equipment, and
material resources. In adopting the Service Agreement, each Member expresses its intent to
assist Member jurisdictions by assigning some of its Member ,personnel equipment, and material
resources to an affected municipality as specific situations allow. The specific intent of this
Service Agreement is to permit the Public Works Departments of each Member to more fully
safeguard the lives, persons, and property of all citizens.
Section Two- Definitions
Far the purpose of this Service Agreement, terms are defined as follows:
A. Aiding Member: A member from whom Mutual Aid is requested by a stricken Member in
the event of an emergency
B. Director of Public Works: An individual or his/her designee, who is designated by the
appropriate Member as having primary responsibility For Public Works functions and
emergencies as generally defined herein.
C. Emergency: An unforeseen or sudden event ar condition arising in a Member's territorial
jurisdiction, or arising when transporting equipment, or vehicles through another Member's
jurisdiction, which results in an insufficiency of Fublic Works personnel, equipment;
materials; or other related services such that the Member determines that it is necessary and
advisable to request aid.
D. Member: A unit of local government which has recognized a Public Works Department and
which is a party to this Service Agreement
E. Mutual Aid: Emergency responses and assistance to a Stricken Member by and Aiding
Member in the form of public works personnel, equipment, materials, or other related
services and resources
F. Stricken Member: A member which requests aid in the event of an emergency
G. Will County Governmental League (WCGL): A not-for-profit association comprised of 29
municipalities and the County of Will. The WCGL provides a forum far municipalities to
discuss and resolve regional issues of mutual concern.
Section Three- Authority and Action to Effect Mutual Aid
A. Each member hereby authorizes and directs its Director of Public Works to render and/or
request Mutual Aid to or from the other Members in accordance with the policies and
procedures which may be established from time to time by the Directors of Public Works of
Member jurisdictions. The Mutual Aid rendered shall be to the extent of available personnel,
equipment, and materials not required for adequate servicing of the Aiding Members. The
judgement of the Director of Public Works of the Aiding Member shall be final as to the
personnel, equipment and materials available.
B. Whenever a Stricken Member requests Mutual Aid, pursuant to this Service Agreement, the
Stricken Member's Director of Public Works shall notify any and all other Members of the
nature and location of the occurrence and the type and amount of personnel, equipment, and
materials requested from each Member.
C. Upon receipt of a request for Mutual Aid, the Directar of Public Works for that Member shall
immediately:
1. Determine the extent, if any, to which requested personnel; equipment and materials are
available for Mutual Aid.
2. Dispatch the requested personnel, equipment and materials to the extent available, to the
location of the occurrence reported by the Stricken Member.
3. Notify the Director of Public Works of the Stricken Member (or his/her designee) orally,
in writing, or any other reasonable means if any and all of the requested amount or type
of persannel, equipment, or materials cannot be provided.
Section Four- Jurisdiction Over Personnel and Equiprr~ent
A. Personnel dispatched to aid a Stricken Member pursuant to this Service Agreement shall
remain employees of the Aiding Members. Personnel rendering emergency Mutual Aid shall
report far direction and assignment to the Directar of Public Works of the Stricken Member
and shall perform work only as assigned by the Director of Public Works of the Stricken
Member and shall perform work only as assigned by the Director of Public Works of the
Stricken Member (or his/her designee). However, both the Aiding Member and the Stricken
Member are responsible to perform all work as set faith in the minimum safety guidelines
established by local, County, State, and Federal agencies, including but not limited to, the
lllinais Department of Labor and the Occupational Safety and Health Administration. The
Aiding Member shall at all times have the right to withdraw any and all Mutual Aid upon the
order of its Directar of Public Works; provided, however, that the Aiding Member
withdrawing such aid shall notify the Director of Public Works of the Stricken Member in
the manner described in section 3.C.1 of the withdrawal of such Mutual Aid and the extent o
such withdrawal.
B. Each Member agrees to submit, as a condition membership, resource lists of available
equipment and supplies.
Section Five- Compensation of Mutual Fund
A. Personnel, equipment, and/ or services (excluding potable water supply and sewer collection)
provided pursuant to this Service Agreement shall be at no charge to the Stricken Members.
The cost of the materials used by the Stricken Member and furnished by the Aiding Members
shall be reimbursed by the Stricken Member within 30 days after receipt of any such
amounts. Nothing herein shall preclude a Stricken or Aiding Member from seeking recovery
of funds from any State or Federal Agency under any existing statues.
B. All Members agree to cooperate regarding the obtaining of State and Federal funds. Each
Member shall maintain accurate records and documentation of all labor, equipment,
materials, and related expenses associated with the rendering of mutual aid covered by this
agreement. Copies shall be made available to Members upon request.
Section Six- Insurance
A. Each Member agrees to obtain and maintain at its sole expense insurance, including
comprehensive general liability (with broad form property damage endorsement), auto
liability, praperty damage and casualty, workers' compensation, and, if applicable
professional malpractice insurance, upon such terms as in each Members' judgement is best
for the protection of itself, its personnel, officers, and equipment. The obligations of
insurance set forth in this section may be satisfied by a Member's participation in a self-
insurance plan or pool.
B. A Stricken Member shall have no obligation to provide or extend insurance coverage to
insure the personnel, property, or equipment of any Aiding Member, or to insure the acts or
omissions of personnel of any Aiding Member.
Section Seven- Indemnification
A. Each Stricken Member requesting Aid in ari Emergency pursuant to this Service Agreement
hereby expressly agrees to indemnify, defend, and bald harmless any and all Aiding
members providing Mutual Aid during such Emergency and their officers, officials,
employees, agents, attorneys, and representatives from any and all claims, demands, liability,
damages, injury, causes of action, suits in law or in equity, casts and expenses which may
arise our of, or may relate to such emergency. These indemnities shall include attorney fees
and costs that may arise from providing Mutual Aid pursuant to this Service Agreement.
B. Each Member receiving or rendering Mutual Aid in an Emergency hereby waives any and all
claims against any other Member, its officers, agents, representatives, and employees, for
compensation for any and all losses, claims, costs expenses (including but not limited to
attorney's fees), damages, personal injury or death arising in consequence of the performance
of Mutual Aid during such an Emergency.
C. Each Member, whether Aiding Member of Stricken Member, shall remain solely and
exclusively responsible for the employee benefits, wage and disability payments, pensions,
and workers' compensation claims far its employees. In addition, each Member shall pay
any damage to equipment or clothing of, and any medical expenses incurred by, any of its
employees concerning the rendering of Mutual Aid.
Section Eight- Nan- Liability for Failure to Render Mutual Aid
No Member, nor its officers, officials, employees, agents, attorneys, or representatives shall be
liable to any other Member, whether expressed or implied for its failure or refusal to render
Mutual Aid pursuant hereto nor for the withdrawal of Mutual Aid in the Whole or in part, which
has been provided pursuant to this Service Agreement.
Section Nine- Effective Date of Resolution and Service Agreement
This Service Agreement shall be in full force and effect upon approval in the manner provided
by law by at least three Will County Governmental League Members by resolution in
substantially the farm attached hereto (the "Resolution"), and upon the proper execution of the
Service Agreement and delivery of such Resolution and Service Agreement to the Will County
Governmental League. After the Service Agreement. is in farce, any other municipality may
became a Member upon approval, execution, and delivery of the Resolution and this Service
Agreement to the WCGL. The WCGL shall maintain a current list of all Members.
Section Ten- Termination
A. This Service Agreement shall remain in full farce and effect from its effective date until it is
terminated as provided in this section.
B. Any Member may terminate its participation in this Service Agreement upon delivery of a
certified resolution to Will County Governmental League at least 90 days before that
Member's termination date. Such notice shall either be personally delivered or sent by
certified mail. Return receipt requested.
C. The Service Agreement shall terminate and be of no force on effect whenever there are fewer
than three Members continuing to participate in the Service Agreement.
Section Eleven- Amendments
This Service Agreement shall only be amended when a written instrument is approved, signed,
and delivered to the Will County Governmental League by three- fourths of the then- existing
Members. Such amendment shall take effect seven business days after the Will County
Governmental League receives the required number of approved and signed instruments. The
Will County Governmental League shall thereafter notify each Member of such amendment.
Section Twelve- Severability
If any provision of this Service Agreement shall be held by a court of competent jurisdiction to
be invalid, illegal, or unenforceable to any extent, such provisian shall be severable from the
remaining pravisions of this Service Agreement, and the validity, legality, and enforceability of
the remaining provisions shall not be affected or impaired thereby, but such remaining provisions
of the Service Agreement shall be interpreted, applied, and enforced so as to achieve, as near as
may be, the purposes and intent of the Service Agreement to the greatest extent permitted by
applicable law.
Section Thirteen Governing Law
This Service Agreement shall be governed, interpreted and constructed in accordance with the
laws of the State of Illinois.
Section Fourteen E:eecution
This Service Agreement may be executed in multiple counterparts or duplicate originals or with
the multiple signature pates, each of which shall constitute and be deemed on in the same
document.
Authorization
The undersigned unit of local government hereby subscribes and approves the Public Works
Emergency Mutual Aid Intergovernmental Agreement to which this signature page will be
attached and agrees to be a party thereto and be bound by the terms thereof. This signatory
certifies that this Service Agreement has been adapted and approved by ordinance, resolution, or
other manner approved by law, a copy of which document is attached hereto.
BY: ~
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o Presider illage/ City anager/ Administrator
Cit illage of
Date of Signature
Attest:
City/ illage Clerk
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Date of Signature