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HomeMy WebLinkAboutResolutions - R-08-023 - 12/22/2008 - AUTHORIZE MEMBERSHIP IN MCCG DAMAGE ASSMT MUTUTALAuthorizing Membership in the McHenry County Council of Governments Damage Assessment Mutual Aid Intergovernmental Service Agreement WHEREAS, the local government members of the McHenry County Council of Governments (MCCG) have recognized the need to develop a joint mutual aid agreement for damage assessment in the event of a natural or man-made occurrence; and WHEREAS, the occurrence requires assistance from other participating member local governments in the form of personnel, equipment and material resources; and WHEREAS, the MCCG has developed the Damage Assessment Mutual Aid Intergovernmental Service Agreement to provide damage assessment assistance in building inspection services for homes, businesses and other buildings to determine the extent of damage and whether or not a building may be occupied after a natural disaster. NOW THEREFORE BE IT RESOLVED, that the city/village/township M HENR gives full support and approval to the Damage Assessment Mutual Aid Intergovernmental Service Agreement and authorizes its presiding officer to execute said agreement; and BE IT FURTHER RESOLVED, the discretion for assistance is the prerogative of the Mayor/President/Manager or Administrator or his/her designee as provided for in the 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 22ND day of DECEMBER 20-ns Signature MAYOR -CITY OF MCHENRY Title CITY CLERK - CITY OF MCHENRY Attest Title s SANTI, GLAB, SCHAEFER, WIMMER VOTING AYE: -- -- - PETERSON, CONDON VOTING NAY: NRNF--- -- - - - - - NOT VOTING: NnNF-- - - --- --- ABSTAINED: NONE______ ABSENT: __ _ MURGAT1OYD_______ McHenry County Council of Governments Damage Assessment Mutual Aid Intergovernmental Service Agreement SECTION ONE — PURPOSE The McHenry County Council of Governments (MCCG) Damage Assessment Mutual Aid Intergovernmental Service Agreement (the "Service Agreement") which has been adopted by Member municipalities and townships is made in recognition of the fact that natural or iman- made occurrences may result in situations which are beyond the ability of an individual municipality or township 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 Member jurisdictions by assigning some of its Member personnel, equipmeat, and material resources to an affected munu6pality as specific situations allow. The specific intent of this Service Agreement is to permit each Member to provide and receive assistance to assessing property damage in the event of a natural or man-made disaster. SECTION TWO — DEFINITIONS For the purpose of this Service Agreement, terrns 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. Emergency: An unforeseen or sudden event or condition arising in a Member's territorial jurisdiction, which results in an insufficiency of personnel, equipment and materials such that the Member determines that it is necessary and advisable to request damage assessment related aid. C. Member: A unit of local government which is a party to this Service Agreement- D. Mutual Aid: Emergency responses and assistance to a Stricken Member by an Aiding Member in the form of personnel, equipment, materials and damage assessment: related services and resources. E. Stricken Member. A Member which requests damage assessment related aid in the event of an emergency. SECTION THREE — AUTHORITY AND ACTION TO EFFECT MUTUAL AID A. Each Member hereby authorizes and directs its Chief Administrative or Chief Elected Officer or designee 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 lime to time by 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 judgment of the Chief Administrative or Chief Elected Officer or designee of the Aiding Member shall be final as to the personnel, equipment and materials available. 7/25/2008 B. Whenever a Stricken Member requests Mutual Aid, pursuant to this Service Agreement, the Stricken Member's Chief Administrative or Chief Elected Officer or designee shall notify any and all other Members of the nature and location of the emergency occurrence and the type and amount of personnel and materials requested from each Member. C. Upon receipt of a request for Mutual Aid, the Chief Administrative or Chief Elected Officer or designee for that Member shall immediately: 1. Determine the extent, if any, to which requested personnel, equipment and materials are available for Damage Assessment Mutual Aid. 2. Dispatch the requested personnel and materials to the extent available to a location specified by the Stricken Member. 3. Notify the Chief Administrative or Chief Elected Officer or designee of the Stricken Member 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. SECTION FOUR — JURISDICTION OVER PERSONNEL AND EQUIPMENT Personnel dispatched to aid a Stricken Member pursuant to this Service Agreement shall remain employees of the Aiding Members. Personnel rendering Damage Assessment Mutual Aid shall report for direction and assignment to the Stricken Member and shall perform work only as assigned by the Chief Administrative or Chief Elected Officer or designee of the Stricken Member. However, both the Aiding Member and the Stricken Member are responsible to perform all wort: as set forth in the minimum safety guidelines established by local, County, State, and Federal agencies, including but not limited to, the Illinois Department of Labor and the Occupational Safety and Health Administration. The Aiding Member shall at all tinges have the right to withdraw any and all Mutual Aid upon the order of its Chief Administrative or Chief Elected Officer or designee; provided, however, that the Aiding Member withdrawing such aid shall notify the Stricken Member in the manner described in section 3.C.3 of the withdrawal of such Mutual Aid and the extent of such withdrawa.L SECTION FIVE — COMPENSATION MUTUAL FUND A. Personnel and/or services provided pursuant to this Service Agreement shall be at no charge to the Stricken Members. The cost of any 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 statutes. 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, materials, K 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, 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 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 SE)TEN — INDEMNIFICATION A. WAVER OF ALL NON -THIRD PARTY CLAIMS: Except as provided in (B) below, 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, provided, however, that such claim is not a result of gross negligence or willful misconduct by any Member or its employees. Each Member hereby waives allrights to subrogation for any claims waived under this provision. B. 1NDEMNIFICATION FOR THIRD PARTY CLAIMS: Each Stricken Member requesting Mutual Aid pursuant to this Service Agreement hereby expressly agrees to indemnify, defend, and bold harmless any and all Aiding Members providing Mutual Aid 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 Emergency which are .made by a non -employee or non -Member third party except such indemnification shall not extend to willful or wanton misconduct by the Aiding Member. These indemnities shall include attorney fees and costs that may arise from providing Mutual Aid pursuant to this Service Agreement- C. MEMBER RESPONSIBILITY FOR EMPLOYEE CLAIMS: Each Member, whether Aiding Member or Stricken Member, shall remain solely and exclusively responsible for the employee benefits, wage and disability payments, overtime, 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. 3 SECTION EIGHT — NON -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 N T14E - 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 Members by a 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 MCCG. 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 MCCG. The MCCG 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 a certified resolution to the MCCG at least 90 days before that Member's proposed termination date, which must coincide with the last day of the calendar month. Such notice shall either be personally delivered or sent by certified mail, return receipt requested- C. This SenTice Agreement shall terminate and be of no force and effect whenever there are fewer than three Members continuing to participate in the Service Agreement SECTION ELE:NEN —AMENDMENT This Service Agreement shall only be amended when a written instrument is approved, signed, and delivered to the MCCG by three -fourths of the then -existing Members. Such amendment shall take effect seven business days after the MCCG receives the required number of approved and signed instruments. The MCCG 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 provision shall be severable from the remaining provisions 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, 4 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 on in the same document 5 AUTHORIZATION The undersigned[ unit of local government hereby subscribes and approves the Damage Assessment 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 adopted and approved by ordinance, resolution, or other mannerjapproved by law, a copy of which document is attached hereto. ��= /President/Village/City Manager/Administrator/Township Supervisor 1 i-y ©r- M City/Village of/Township Dad of Signature ATTEST: 0