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 “Participating 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, Section 13 of the Illinois Emergency Management Agency Act, 20 ILCS 3305/13(a), provides authorization for mutual aid agreements between political subdivisions for reciprocal disaster response and recovery assistance; 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 also during non-emergency situations deemed to require mutual aid by the parties; and,
NOW, THEREFORE, in consideration of the foregoing recitals, 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, special events and man-made catastrophes, the use of an individual Participating Unit’s personnel and resources to perform functions outside the territorial limits of the Participating 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 Participating Unit’s personnel and resources to perform functions within the territorial limits of a Participating 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 this agreement is desirable for the effective and efficient provision of mutual aid.
SECTION TWO – DEFINITIONS
For the purpose of this Agreement, the following terms as used in this agreement shall be defined as follows:
A. “Participating Unit”. A unit of local government located within Illinois Emergency Management Agency Region 11 being a county having an emergency management agency/emergency services and disaster agency or a municipality having an emergency management agency/emergency services and disaster agency which is accredited by the State ofIllinois.
B. “Requesting Unit”. A Participating Unit which requests aid pursuant to this mutual aid agreement.
C. “Aiding Unit”. A Participating Unit furnishing personnel, resources and/or services to a Requesting Unit.
D. “Emergency/Disaster”. An occurrence or condition in a Participating Unit’s territorial jurisdiction which results in a situation of such magnitude and/or consequence that it cannot be adequately handled by the Participating Unit and such that a Participating Unit and such that a Participating Unit determines the necessity and advisability of requesting aid.
E. “Special Event”. A routine or non-routine event that places a strain on a Participating Unit’s resources that may involve a large number of people and that such event requires additional planning, preparation and mitigation for public safety.
SECTION THREE – AUTHORITY AND ACTION TO EFFECT MUTUAL AID
A. The Participating 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 Participating Units. The aid rendered shall be to the extent of available personnel and resources 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 resources available to render aid.
B. Whenever an emergency/disaster, special event or other situation occurs and conditions are such that the Emergency Manager/Coordinator, or his designee, of the Requesting Unit determines it advisable to request aid pursuant to this Agreement he or she shall notify the Aiding Unit(s) of the nature and location of the emergency/disaster and the type and amount of equipment and personnel and/or services requested from the Aiding Unit(s).
C. The Emergency Manager/Coordinator, or his designee, of the Aiding Unit shall take the following action immediately upon being requested for aid:
1. Coordinate with the Requesting Unit on the response by the Aiding Unit and determine what resources, personnel and/or services are needed;
2. Determine if the requested resources, personnel, and/or services can be committed in response to the request from the Requesting Unit;
3. Dispatch immediately the requested resources, personnel and/or services, to the extent available, to the location of the emergency, special event or situation by the Requesting Unit;
4. Notify the Requesting Unit if any or all of the requested resources, personnel and/or services cannot be provided.
5. In the event that a special event is planned, an Aiding Unit may request such resources and personnel from other Participating Units as far in advance as the Aiding Unit can for proper planning and preparation.
6. Notify the Illinois Emergency Management Agency of the response by the Aiding Unit.
SECTION FOUR – NATIONAL 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 rending aid shall report for direction and assignment at the scene of the emergency to the Incident Commander or as otherwise directed by the Aiding Unit. 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 Requesting Unit of the withdrawal of such aid and the extent of such withdrawal.
All resources and personnel utilized under this mutual aid agreement shall operate under and conform to the Incident Command System (ICS)/Unified Command System (UCS) protocols and procedures.
SECTION FIVE – COMPENSATION FOR AID
Resources, 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. Upon proper notification of the Illinois Emergency Management Agency, the State ofIllinoismay provide workman compensation coverage to those personnel of the Aiding Unit.
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.
The obligations and duties set forth in this Section shall survive the end or termination of this Mutual Aid Agreement.
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 Requesting 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 by 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 the approval 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 all Participating Units specifying the date of termination, such notice to be given at least ninety (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 Participating Unit 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 the address on file and as listed by the Illinois Emergency Management Agency.
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 – AMENDMENTS
This Agreement may only be amended by written consent of all the parties hereto. The undersigned unit of local government or public agency hereby has adopted, and subscribes to, and approves this mutual aid agreement, and agrees to be a party thereto and be bound by the terms thereof.
The undersigned certify that this mutual aid agreement has been adopted and approved by ordinance, resolution, or other manner approved by law, a copy of which document is attached hereto.