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Home My WebLink AboutRESOLUTIONS-1991-054-R-91N • 5/31/91 54-R-91 A RESOLUTION Non-Emeraencv Mutual Aid in Public Works WHEREAS, the Northwest Municipal Conference Public Works Directors Committee has been exploring and promoting programs and policies of mutual interest since 1976; and WHEREAS, participating municipalities and townships greatly benefit by realizing immediate and measurable monetary savings through the borrowing or leasing of special or unique equipment of which it has only limited needs; and • WHEREAS, theFConference has developed a viable area -wide equipment and personnel exchange for such non -emergency situations; NOW, THEREFORE, BE IT RESOLVED, that the City of Evanston gives full support and approval to the Northwest Municipal Conference Public Works Non -Emergency Mutual Aid Intergovernment Agreement, and authorizes the City Manager to execute said agreement; and BE IT FURTHER RESOLVED, that any such voluntary exchange of personnel or equipment be subject to a sharing or leasing arrangement as agreed to by the departments involved in • the transaction as provided for in the Public Works Non -Emergency Mutual Aid Intergovernment Service Agreement; and • BE IT FURTHER RESOLVED, that cities, villages, and townships outside the Northwest Municipal Conference are also invited to participate in this planned mutual aid network. Attest: Cjt�r Clerk Adopted (v , 1991 m t Mailor -2- NORTHWEST MUNICIPAL CONFERENCE PUBLIC WORKS NON -EMERGENCY MUTUAL AID INTERGOVERNMENTAL SERVICE AGREEMENT SEAN ONE - PURPOSE This Northwest Municipal Conference (NWMC) Public Works Non -emergency Mutual Aid Intergovernmental Service Agreement (the" Service Agreement") which has been adopted by Member municipalities and townships was made in recognition of the fact that natural or man-made occurrences may result in situations which are beyond the ability of an individual Member to deal with effectively in terms of personnel, equipment, and material resources at a given time. In adopting the Service Agreement, each Member expresses its intent to assist its nearby Member municipalities and townships by assigning some of its personnel, equipment, and material resources to an affected Member as specific situations allow, and to provide for the use and exchange of Public Works resources on a limited need basis in unique or special instances. The specific intent of this Service Agreement is to permit the Public Works Departments of each Member municipality or township to more fully respond to non -emergency situations requiring unusual levels or types of public works equipment or manpower. SECTION TWO - DEFINITIONS For the purpose of this Service Agreement, terms are defined as follows: A. "Situation": A non -emergency event or condition arising in a Member's territorial jurisdiction which results in an insufficiency of Public works personnel, equipment, materials, or other related services such that the Member determines that it is advisable to request aid. B. ftirector of Public Works": An individual or his designee, who is esignated by the appropriate Member as having primary responsibility for Public Works functions as generally defined herein. C. "Member": A unit of local government which has a recognized Public Works Department and which is a party to and this Service Agreement. D. "Mutual Aid": The responses and assistance provided an Assisted Member by an Aiding Member in the form of Public Works personnel, equipment, materials, or other related services and resources. E. "Assisted Member": A Member which requests aid in event of a public works situation . Non -emergency -Plan page 2 F. "Aiding Member": A Member from whom Mutual Aid is requested in the event of a public works Situation in another Member's jurisdiction. SECTION THREE - AUTHORITY AND ACTION TO EFFECT MUTUAL AID 0 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 the Members. The Mutual Aid rendered shall be to the extent of available personnel, equipment' and materials not required for adequate servicing of the Aiding Member. The judgment of the Director of Public Works of the Aiding Member shall be final as to the personnel, equipment and materials available. B. Whenever an Assisted Member requests Mutual Aid pursuant to this Service Agreement, the Assisted Member's Director of Public Works shall notify any or all other Members that are parties to the Service Agreement of the nature and location of the situation and the ,type and amount of personnel, equipment and materials requested from each Member. C. Upon receipt of a request for Mutual Aid, the Director 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. Upon reaching an agreement for compensation pursuant to Section Five of this Service Agreement, dispatch the requested personnel, equipment and materials, to the extent available, to the location • of the situation reported by the Assisted Member. 3. Notify the Director of Public Works of the Assisted Member (or his designee) orally, in writing, or by any other reasonable means if any or all of the requested amount or type of personnel, equipment, or materials cannot be provided. Non -emergency Plan page 3 SECTION FOUR - JURISDICTION OVER PERSONNEL AND EQUIPMENT Pe nel dispatched to aid an Assisted Member pursuant to this Service Agent shall remain employees of the Aiding Member. Personnel rendering Mutual Aid shall report for direction and assignment to the Director of Public Works of the Assisted Member and shall perform work only as assigned by the Director of Public Works of the Assisted Member, or his designee. The Aiding Member shall at all times have the right to withdraw any and all Mutual Aid upon the order of its Director of Public works; provided, however, that the Aiding Member withdrawing such aid shall notify the Director of Public Works of the Assisted Member in the manner described in Section 3.C.3 of the withdrawal of such Mutual Aid and the extent of such withdrawal. SECTION FIVE - COMPENSATION FOR MUTUAL AID Personnel, equipment and/or services provided pursuant to this Service Agreement shall be charged to the Assisted Member -according to mutually acceptable arrangements as agreed upon in writing by the involved parties. In all other respects, the terms of this Service Agreement shall prevail. 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, property damage and casualty, workers' compensation, and, if applicable, professional malpractice insurance upon such terms as in each Member's judgment 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 this plan or pool. B. An Assisted 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. Non -emergency page 4 SECTION SEVEN - INDEMNIFICATION A. Each Assisted Member hereby expressly agrees to indemnify, defend, • and hold harmless any and all Aiding Members providing Mutual Aid through this Service Agreement 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, costs and expenses which may.arise out of, or may relate to such public works Situation. These indemnities shall include attorneys fees and costs that may arise from providing Mutual Aid pursuant to this Service Agreement. B. Each Member receiving or rendering Mutual Aid hereby waives any -- and all claims against any other Member, its officers, officials, employees, agents, attorneys, and other representatives for compensation for any and all losses, claims, costs, expenses (including but not limited to attorneys' fees), damages, personal injury or death arising in consequence of the performance or non-performance of Mutual Aid during a public works Situation. C. Each Member, whether an Aiding Member or'Assisted Member, shall remain solely and exclusively responsible for the employee benefits, wage and disability payments, pensions, and workers' compensation claims for 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 in connection with the rendering of Mutual Aid. SECTION EIGHT - NON -LIABILITY FOR FAILURE TO RENDER MUTUAL AID No Member, nor its officers, officials, employees, agents, attorneys, or representantives shall be liable to any other Member, whether expressly or impliedly, for its failure or refusal to render Mutual Aid pursuant hereto nor for the withdrawal of Mutual Aid, in whole or in part, which has been provided pursuant to this Service Agreement. Non -emergency page 5 SECTION NINE - EFFECTIVE DATE OF RESOLUTION AND SERVICE AGREEMENT Th ervice Agreement shall be in full force and effect upon the approval in manner provided by law by at least three municipalities or townships of an ordinance or resolution, in substantially the form attached hereto ("the Resolution") and upon the proper execution of the Service Agreement and delivery of such Resolution and Service Agreement to the NWMC. After the. Service Agreement is in force, any_,other municipality or township may become a Member upon approval, execution, and delivery of the Resolution and this Service Agreement to the NWMC. The NWMC shall maintain a current list of all Members. SECTION TEN - TERM; TERMINATION A. This Service Agreement shall remain in full force 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 written notice to the NWMC at least 90 days before that Member's termination date, which must coincide with the last day of a calendar month. Such notice shall either be personally delivered or sent by certified mail, return receipt requested. C. This Service Agreement shall terminate and be of no force or effect whenever there are fewer than three Members continuing to participate in the Service Agreement. SECTION ELEVEN - AMENDMENT Thi ervice Agreement shall only be amended when a written instrument is app�ed, signed, and delivered to the NWMC by three -fourths of the then -existing Members. Such amendment shall take effect seven days after the NWMC receives the required number of approved and signed instruments. The NWMC shall thereafter notify each Member of such amendment. Emergency Plan page 6 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 provision shall be severable from the remaining provisions o 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 construed in accordance with the laws of the state of Illinois. SECTION FOURTEEN - EXECUTION This Service Agreement may be executed in multiple counterparts or duplicate originals or with multiple signature pages, each of which shall constitute and be deemed one in the same document. AUTHORIZATION The undersigned unit of local government hereby subscribes and approves the Public Works Non -emergency Mutual Aid Intergovernmental Service 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 Agreem t has been adopted and approved by ordinance, resolution, or o a her approved by law, a copy of which document is attached heret . By: y _ City Manager City of Evanston -///2A/ Date �"'gig' atu Attest: ii Clerk