(A) Mutual Aid Agreements Authorized: The fire chief of the village, with the approval of the president and board of trustees, is authorized, on behalf of the village, to enter into, and from time to time alter and amend, a mutual aid agreement with member governmental units of the mutual aid box alarm system (MABAS), including, but not limited to, the neighboring municipalities of Berwyn, North Riverside, Lyons, Brookfield, McCook, LaGrange and LaGrange Park, defining and putting into effect a program of mutual aid for fire protection and other emergencies containing provisions as hereinafter set forth in this section.
(B) Mutual Aid Program; General Provisions:
1. Authorization: The fire chief or his designee is authorized to take necessary and proper action to render and/or request mutual aid from other MABAS member governmental 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 fire chief, or his designee, of the aiding unit shall be final as to the personnel and equipment available to render aid.
2. Notice Of Emergency: Whenever an emergency occurs and conditions are such that the fire chief, or his designee, of the stricken unit determines it advisable to request aid pursuant to the mutual aid agreement, he shall notify the aiding unit of the nature and location of the emergency and the type and amount of equipment and personnel and/or services requested from the aiding unit.
3. Immediate Action: The fire chief, or his designee, of the aiding unit shall take the following action immediately upon being requested for aid:
(a) Determine what equipment, personnel and/or services are requested according to the system maintained by MABAS;
(b) Determine if the requested equipment, personnel and/or services can be committed in response to the request from the stricken unit;
(c) Dispatch immediately the requested equipment, personnel and/or services, to the extent available, to the location of the emergency reported by the stricken unit in accordance with the procedures of MABAS;
(d) Notify the stricken unit if any or all of the requested equipment, personnel and/or services cannot be provided.
4. Personnel Of Aiding Unit: Personnel dispatched to aid a stricken unit pursuant to the mutual aid 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 fire chief or senior officer of the stricken unit. The aiding unit shall at all times have the right to withdraw any and all personnel rendering aid upon the order of its fire chief or his designee; provided, however, that the aiding unit withdrawing such aid shall notify the fire chief or senior officer of the stricken unit of the withdrawal of such aid and the extent of such withdrawal.
5. Ability To Render Aid: The rendering of assistance under the terms of the mutual aid agreement shall not be mandatory if local conditions of the aiding unit prohibit response. The aiding unit shall be responsible to immediately notify the stricken unit of the aiding unit's inability to respond; however, failure to immediately notify the stricken unit of such inability to respond shall not constitute evidence of noncompliance with the terms of the agreement and no liability may be assigned. Nor shall any liability, expressed or implied, be attributed to or assumed by an aiding unit or its authorized agents or personnel for failure or refusal to render aid, or for withdrawal of aid once provided pursuant to the agreement.
6. Costs And Expenses: Equipment, personnel and/or services provided pursuant to the mutual aid agreement shall be at no charge to the stricken unit; however, any expenses recoverable from third parties shall be equitably distributed among responding parties, and this provision shall not operate to bar any recovery of funds from any State or Federal agency under any existing statutes.
7. Waiver: Each member unit agrees to waive all claims against all other member units for any loss, damage, personal injury or death occurring in consequence of the performance of the mutual aid agreement; provided, however, that such claim is not a result of gross negligence or wilful misconduct by a member unit or its personnel.
8. Indemnity And Allocation Of Employee Benefit Costs: Each stricken unit requesting aid pursuant to the mutual aid agreement shall hold harmless, indemnify and defend the aiding unit and its personnel from any and all claims, demands, liability, losses, suits in law or in equity which are made by a third party, including attorney fees and costs that may arise from providing aid pursuant to the agreement; provided, however, that such claims made by a third party are not the result of gross negligence or wilful misconduct on the part of the aiding unit. All employee benefits, wage and disability payments, pensions, workmen's compensation claims, damage to or destruction of equipment and clothing, and medical expenses of the aiding unit shall be the sole and exclusive responsibility of the aiding unit for its employees.
9. Insurance: Each member unit shall procure and maintain, at its sole and exclusive expense, insurance coverage or a self- insurance plan or pool, including: comprehensive liability, personal injury, property damage, workmen's compensation, and, if applicable, emergency medical service professional liability, with minimum limits of one million dollars ($1,000,000.00) automobile and one million dollars ($1,000,000.00) combined single limit general liability and professional liability. No member unit shall have any obligation to provide or extend insurance coverage for any of the items enumerated herein to any other member unit or its personnel.
(C) Ambulance Mutual Aid Agreement: In addition to or as part of a mutual aid agreement with member governmental units of MABAS, the Fire Chief is authorized to enter into (and from time to time alter and amend) an agreement for mutual aid use of the emergency ambulance vehicle in neighboring MABAS municipalities, including, but not limited to, the municipalities of Berwyn, North Riverside, Lyons and Brookfield. (Ord. 2703, 3-16-2009)