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05-279 Resolution No. 05-279 RESOLUTION AUTHORIZING EXECUTION OF ILLINOIS EMERGENCY MANAGEMENT MUTUAL AID SYSTEM AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute the Illinois Emergency Management Mutual Aid System Agreement on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 28, 2005 Adopted: September 28, 2005 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk Illinois Emergency Management MUTUAL AID SYSTEM AGREEMENT This Agreement made and entered into the date set forth next to the signature of the respective parties,by and between the units of local government subscribed hereto (hereafter "Unit(s)" that have approved this Agreement and adopted same in manner as provided by law and are hereafter listed at the end of this Agreement. WHEREAS,the Constitution of the State of Illinois, 1970,Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and, WHEREAS,the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq.,provides that any power or powers,privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; and, WHEREAS, Section 5 of the Intergovernmental Cooperation Act, 5 ILCS 220/5,provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform,provided that such contract shall be authorized by the governing body of each party to the contract; and, WHEREAS,the parties hereto have determined that it is in their best interests to enter into this Agreement to secure to each the benefits of mutual aid in emergency management and the protection of life and property from an emergency or disaster; and, WHEREAS,the parties hereto have determined that it is in their best interests to form an association to provide for communications procedures,training and other necessary functions to further the provision of said protection of life and property from an emergency or disaster. NOW,THEREFORE, in consideration of the foregoing recitals,the Unit's membership in the Illinois Emergency Management Mutual Aid System(LEMMAS) and the covenants contained herein,THE PARTIES HERETO AGREE AS FOLLOWS: SECTION ONE Purpose It is recognized and acknowledged that in certain situations, such as,but not limited to, emergencies,natural disasters and man-made catastrophes,the use of an individual Member Unit's personnel and equipment to perform functions outside the territorial limits of the Member Unit is desirable and necessary to preserve and protect the health, safety and welfare of the public. It is further expressly acknowledged that in certain situations, such as the aforementioned,the use of other Member Unit's personnel and equipment to perform functions within the territorial limits of a Member Unit is desirable and necessary to preserve and protect the health, safety and welfare of the public. Further,it is acknowledged that coordination of mutual aid through the Illinois 1 1 Emergency Management Mutual Aid System is desirable for the effective and efficient provision of mutual aid. SECTION TWO Defmitions For the purpose of this Agreement,the following terms as used in this agreement shall be defined as follows: A. " Illinois Emergency Management Mutual Aid System" (hereinafter referred to as "LEMMAS"): A definite and prearranged plan whereby response and assistance is provided to a affected/stricken Unit by the Aiding Unit(s) in accordance with the system established and maintained by the lEMMAS member Units and amended from time to time; B. "Member Unit": A unit of local government including but not limited to a city or county having an Emergency Management Program accredited/certified 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 lEMMAS Agreement and has been appropriately authorized by the governing body to enter into such agreement,and to comply with the rules and regulations of;LEMMAS C. "Affected/stricken Unit": A Member Unit which requests aid through the Illinois Emergency Management Agency in the event of an emergency: D. "Aiding Unit": A Member Unit furnishing equipment,personnel, and/or services to an affected/stricken Unit; E. "Emergency/Disaster": 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 affected / stricken Unit and such that a Member Unit determines the necessity and advisability of requesting aid. F. "IEMA Regions": The geographically associated Member Units or unit of which have been grouped for operational efficiency and representation of those Member Units. G. "Training": The regular scheduled practice of emergency procedures during non- emergency drills/exercise to implement the necessary joint operations of LEMMAS. H. "Executive Board": The governing body of LEMMAS is comprised of the IEMMAS Team Leaders and Assistant Team Leaders, of whom are members of the Illinois Emergency Services Management Association. SECTION THREE Authority and Action to.Effect Mutual Aid A. The Member Units hereby authorize and direct their respective Emergency Manager/Coordinator or his designee to take necessary and proper action to render and/or request mutual aid from the other Member Units in accordance with the policies and procedures established and maintained by the LEMMAS Member Units. The aid rendered shall be to the extent of available personnel and equipment not required for adequate protection of the territorial limits of the Aiding Unit. The judgment of the Emergency Manager/Coordinator, or his designee, of the Aiding Unit shall be final as to the personnel and equipment available to render aid. • B. Whenever an emergency/disaster occurs and conditions are such that the Emergency Manager/Coordinator, or his designee, of the affected/stricken Unit determines it advisable to request aid pursuant to this Agreement he shall notify IFMA of the nature and location of the emergency/disaster and the type and amount of equipment and personnel and/or services requested from the LEMMAS. C. The Emergency Manager/Coordinator,or his designee,of the Aiding Unit shall take the following action immediately upon being requested for aid: 1. Establish the incident command system at the site of the emergency. 2. Determine what equipment, personnel and/or services is requested according to the system maintained by IEMMAS; 3. Determine if the requested equipment,personnel, and/or services can be committed in response to the request from the affected/stricken Unit; 4. Dispatch immediately the requested equipment, personnel and/or services, to the extent available,to the location of the emergency reported by the affected/stricken unit in accordance with the procedures of IEMMAS; 5. Notify the affected / stricken unit if any or all of the requested equipment, personnel and/or services cannot be provided. SECTION FOUR Incident Management System The National Incident Management System shall be the standard under which this Agreement shall function. The purpose of the incident management system shall be to provide structure and coordination to the management of emergency incident operations in order to provide for the safety and health of emergency service organization personnel and other persons • involved in those activities. Personnel dispatched to aid a party pursuant to this Agreement shall remain employees of the Aiding Unit. Personnel rendering aid shall report for direction and assignment at the scene of the emergency to the State Incident Commander at the Forward Command Post. The party rendering aid shall at all times have the right to withdraw any and all aid upon the order of its Emergency Manager/Coordinator or his designee; provided,however, that the party withdrawing such aid shall notify the State Incident Commander at the Forward Command Post of the withdrawal of such aid and the extent of such withdrawal. SECTION FIVE Compensation for Aid Equipment,personnel, and/or services provided pursuant to this Agreement shall be at no charge to the party requesting aid;however, any expenses recoverable from third parties shall be equitably distributed among responding parties. Nothing herein shall operate to bar any recovery of funds from any state or federal agency under any existing statutes. SECTION SIX Insurance Each party hereto shall procure and maintain,at its sole and exclusive expense,insurance coverage, including:personal injury,property damage.No party hereto shall have any obligation to provide or extend insurance coverage for any of the items enumerated herein to any other party hereto or its personnel. The State of Illinois shall provide workman compensation and comprehensive liability insurance. Upon request,Member Units shall provide such evidence as herein provided to the LEMMAS members. SECTION SEVEN Indemnification 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 a result of gross negligence or willful misconduct by a party hereto or its personnel. Each party requesting or providing aid pursuant to this Agreement hereby expressly agrees to hold harmless,indemnify and defend the party rendering aid and its personnel from any and all claims,demands,liability,losses, suits in law or in equity which are made by a third party. This indemnity shall include attorney fees and costs that may arise from providing aid pursuant to this Agreement. Provided,however,that all employee benefits,wage and disability payments, pensions,worker's compensation claims,damage to or destruction of equipment and clothing, and medical expenses of the party rendering aid shall be the sole and exclusive responsibility of the respective party for its employees,provided,however,that such claims made by a third party are not the result of gross negligence or willful misconduct on the part of the party rendering aid. SECTION EIGHT Non-Liability for Failure to Render Aid The rendering of assistance under the terms of this Agreement shall not be mandatory if local conditions of the Aiding Unit prohibit response. It is the responsibility of the Aiding Unit to immediately notify the affected/stricken unit of the Aiding Unit's inability to respond;however, failure to immediately notify the affected/stricken unit of such inability to respond shall not constitute evidence of noncompliance with the terms of this section and no liability may be assigned. No liability of any kind or nature shall be attributed to or be assumed,whether expressly or implied,by a party hereto,its duly authorized agents and personnel, for failure or refusal to render aid. Nor shall there be any liability of a party for withdrawal of aid once provided pursuant to the terms of this Agreement. SECTION NINE Term This Agreement shall be in effect for a term of one year from the date of signature hereof and shall automatically renew for successive one-year terms unless terminated in accordance with this Section. Any party hereto may terminate its participation in this Agreement at any time,provided that the party wishing to terminate its participation in this Agreement shall give written notice to the LEMMAS specifying the date of termination,such notice to be given at least 90 calendar days • prior to the specified date of termination of participation. The written notice provided herein shall be given by personal delivery,registered mail or certified mail. SECTION TEN Effectiveness This Agreement shall be in full force and effective upon approval by the parties hereto in the manner provided by law and upon proper execution hereof. SECTION ELEVEN Binding Effect This Agreement shall be binding upon and inure to the benefit of any successor of entity which may assume the obligations of any party hereto. Provided,however,that this Agreement may not be assigned by a Member Unit without prior written consent of the parties hereto; and this Agreement shall not be assigned by IEMMAS without prior written consent of the parties hereto. SECTION TWELVE Validity The invalidity of any provision of this Agreement shall not render invalid any other provision. If, for any reason,any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable,that provision shall be deemed severable and this Agreement may be enforced with that provision severed or modified by court order. SECTION THIRTEEN • Notices All notices hereunder shall be in writing and shall be served personally,by registered mail or certified mail to the parties at such addresses as may be designated from time to time on the LEMMAS mailing lists or,to other such addresses'as shall be agreed upon. SECTION FOURTEEN Governing Law This Agreement shall be governed,interpreted and construed in accordance with the laws of the State of Illinois. SECTION FIFTEEN Execution in Counterparts This Agreement may be executed in multiple counterparts or duplicate originals,each of which shall constitute and be deemed as one and the same document. SECTION SIXTEEN Executive Board of LEMMAS The Executive Board of IESMA is hereby identified as the authority to consider,adopt and amend from time to time, as needed,rules,procedures,by-laws and any other matters deemed necessary. The Executive Board shall consist of 3 members appointed from within each LEMMAS who shall serve as the voting representative of said region on LEMMAS matters, and may appoint a designee to serve temporarily in his stead. Such designee shall be from within the respective region and shall have all rights and privileges attendant to a representative of that region. The IESMA Executive Board as provided for in the by laws shall coordinate the activities of the LEMMAS. SECTION SEVENTEEN Duties of the Executive Board The Executive Board shall meet regularly to conduct business and to consider and publish the rules and procedures of the IEMMAS. • SECTION EIGHTEEN Rules and Procedures Rules,procedures of the IEMMAS shall be established by the Executive Board as deemed necessary from time to time for the purpose of administrative functions,the exchange of information and the common welfare of the LEMMAS. SECTION NINETEEN Amendments This Agreement may only be amended by written consent of all the parties hereto. This shall not preclude the amendment of rules,procedures of the LEMMAS as established by the Executive Board to this Agreement. The undersigned unit of local government or public agency hereby has adopted,and subscribes to,and approves this MUTUAL AID SYSTEM 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 Illinois Emergency Management Mutual Aid System Agreement has been adopted and approved by ordinance,resolution,or other manner approved by law, a copy of which document is attached hereto. City of Elgin Illinois Illinois Emergency Service Management Political Entity ciation By 7 . - Ed Schock, Mayor President September 28, 2005 Date Date lEMMAS Chairperson 6-;(061 /0-7 l Date ATTEST: ATTEST: afV1011/Pa—OZ c.24.67...-e..) • . Dolonna Mecum, City Clerk Title September 28, 2005 • 07- /;'? —0 7 Date n Date • OFFICIAL SEAL ;< F. LOUISE OWNER yc Notary Public- Slaty Jt Illinois ;< My Commission Expires June 15,2007 y` - • oF Et C> ,00, • C:61, City of Elgin Agenda Item No. moo' L September 9, 2005 N TO: Mayor and Members of the City Council SAFE COMMUNITY FROM: Olufemi Folarin, City ManagerIf Deputy Chief James Burns SUBJECT: Mutual Aid Agreements with Kane County, the State of Illinois and the Federal Government PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider participating in two separate Mutual Aid Agreements with Kane County, and the State of Illinois for Emergency Services. The Council must also consider adoption of a resolution adopting the Federal National Incident Management System (NIMS) in order to qualify for future Federal Disaster Funds. RECOMMENDATION It is recommended that the City Council authorize the Mayor to sign these two agreements with Kane County and the State of Illinois. Further, it is recommended that the City Council formally pass a resolution adopting NIMS. BACKGROUND The Chief of Police has been appointed as the Emergency Management Director for the City of Elgin. The City of Elgin cooperates with disaster preparedness agencies in Kane County and the State of Illinois. In order to maintain an orderly effort in the event of a natural or man-made disaster, it is desirable that we all agree in advance what our respective agencies will be responsible for. Attached are two boiler plate agreements with the two named agencies. The City of Elgin has been asked to indicate our mutual interests by signing these agreements. NIMS is a cooperative method of operating together in the event of a major incident involving multiple jurisdictions. The basic tenant is the use of the Incident Command System, which is an everyday part of Fire and Police operations. The entire management staff of the City must be trained and certified by the Office of Homeland Security in NIMS before the Federal Government can dispense emergency aid funds to our municipality. It is prudent for the City of Elgin to prepare all of our managers in the City of Elgin. It is important that the City pass a . . . Mutual Aid Agreements with Kane County, the State of Illinois & the Federal Government September 9, 2005 Page 2 resolution adopting NIMS before the deadline of September 30, 2005, and that all of our managers complete the associated training. None of the attached agreements require any funding by the City of Elgin. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. , 1 FINANCIAL IMPACT There may be personnel costs associated with the training and response to various mutual aid incidents that may not be fully reimbursed. However, the failure to enter into the Mutual Aid System Agreement may jeopardize the receipt of federal funds. None. IMPACT None. ALTERNATIVES 1. The City may choose to not enter into these agreements or to adopt NIMS and forgo future Federal Disaster Relief. 2. The City Council may choose to only adopt one of the agreements presented for consideration. Respectfully submitted for Council consideration. jjb Attachments 0/".