Illinois Water Rescue Alarm System
ILLINOIS WATER RESCUE ALARM SYSTEM
“IWRAS”
Mutual Aid Agreement
The undersigned Water Rescue and or Recovery entities agree pursuant to the Constitution of the State of Illinois (Ill. Const. Art. VII, sec 10), the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/7-101 et seq.) and other applicable acts including the Illinois Water Rescue Act 210 ILCS 50/755 as follows:
Section 1
Purpose of Agreement
This Agreement is made in recognition of the fact that natural or man-made occurrences may result in emergencies that exceed the resources, equipment and/ or water rescue/recovery personnel of a particular member agency. Each water rescue/recovery agency who signs a copy of this Agreement has and does express intent to aid and assist the other participating water rescue/recovery agencies during an emergency by assigning some of their resources, equipment and/or certified personnel qualified for the task at hand, as circumstances permit and in accordance with the terms of this Agreement. The specific intent of this Agreement is to safeguard the lives, persons and property of citizens during an emergency by enabling other water rescue/recovery agencies to provide additional resources, equipment and/or certified personnel as needed.
Section 2
Definitions
For the purpose of this Agreement, the following terms are defined as follows:
An Accredited Dive Team: An agency which has applied for and received Accredited Status with the Illinois Water Rescue Association and is current in their status. Which indicates the agency is an organized, well-trained and functional unit capable of public safety interaction and deployments.
Aiding water rescue/recovery agency: A participating water rescue/ recovery agency that provides resources, equipment and or certified personnel to a stricken water rescue/recovery agency during an emergency.
Awareness level personnel: Personnel who are trained to an adequate level to recognize a water rescue/recovery type emergency and summon appropriate assistance, while gaining basic information about the situation for relay to properly trained and equipped responders.
Away Team: A deployed group of certified water rescue/recovery personnel with at least one team leader, called to service under this agreement and detailed to assist the stricken water rescue/ recovery agency.
Certified Water Rescue/Recovery personnel: A member of an organized functional public safety agency; functioning as nearly as practical to national and state standards and industry norms in the field of Public Safety Diving, including but not limited to certified shore support personnel, boat operators, certified sonar technicians, water certified K-9 units, certified underwater hazardous materials divers, underwater crime scene technicians, underwater explosives technicians, as well as surface/swift/flood water units. Diving personnel and in-water responders shall be certified to an appropriate technician level to include non-recreational training in surface command based searches and rescues primarily using lines and if possible underwater communication systems, where it is appropriate.
Disaster: An occurrence or threat of widespread or severe damage, injury or
loss of life or property resulting from any natural or technological cause,
including but not limited to fire, flood, earthquake, wind, storm, hazardous
materials spill or other water contamination requiring emergency action to
avert danger or damage, epidemic, air contamination, blight, extended period
of severe and inclement weather, drought infestation, critical shortages of
essential fuels and energy, explosion, riot, hostile military or paramilitary
action, or acts of domestic terrorism.
Emergency: A natural or man-made situation that threatens or causes loss of life and property and exceeds the physical and organizational capabilities of a unit of local, state or federal government.
Mutual Aid: A definite and prearranged written agreement and plan whereby regular response and assistance is provided in the event of a natural or man-made emergency.
Non-participating agency: A water rescue/recovery agency that does not belong to this Agreement and is not bound by such and is not necessarily entitled to such mutual aid without reimbursement.
No Man’s Land: Any part of this State that does not support and is not covered by a water rescue/recovery agency of properly trained and certified personnel and equipment. That is not entitled to the benefits of this Agreement, however reimbursement for services rendered may be engaged on an agency by agency basis.
Operations Level Responder: Personnel trained to the level of functioning at the scene of a water rescue/recovery incident as non-diving team assistants and out of water operators.
Participating water rescue/recovery agencies: A water rescue/recovery agency that commits itself to this mutual aid agreement by having an authorized representative sign this Agreement.
State: The term refers exclusively to the State of Illinois
Stricken Water Rescue/Recovery Agency: A participating water rescue/recovery agency who has primary jurisdiction over the site of the emergency but due to insufficient resources, equipment and/or certified water rescue/recovery personnel is unable to provide an adequate response to an emergency without the assistance of others.
Technician Level Responder: Personnel specifically trained and certified by nationally recognized training agencies to physically engaged in active surface and underwater search/rescue and or investigative functions, or other task specific deployments.
Section 3
Agreement to Effectuate the Mutual Aid Plan
Each undersigned party agrees that in the event of an emergency, they will respond to requests for assistance by a stricken water rescue/recovery agency with such water rescue/recovery certified personnel, equipment, facilities, or services as is, in the opinion of the aiding water rescue/recovery agency, available. Provided, however that each party reserves the right to refuse to render assistance or to recall any or all rendered assistance, whenever it believes that such refusal or recall is necessary to ensure adequate protection of its own jurisdiction or personnel.
It is expected that requests for mutual aid under this Agreement will be initiated only when the needs of the stricken agency exceed its resources. Aiding agencies will be released and returned to their own jurisdiction as soon as the situation is restored to the point where the stricken agency is able to satisfactorily handle the situation with its own resources or when an aiding agency decides to recall its assistance. Nothing precluded the Stricken Agency from utilizing neighboring agencies, prior to activating IWRAS.
Whenever an emergency is of such magnitude and consequence that it is deemed advisable by the senior water rescue/recovery command officer present, of the stricken agency, to activate IWRAS, he is hereby authorized to do so, under the terms of this mutual aid agreement. The senior water rescue/recovery command officer present, of the aiding water rescue/recovery agency is authorized and shall forthwith take the following actions:
- Immediately determine what type of assistance is being requested
- Immediately determine if the requested resource, equipment and certified
water rescue /recovery personnel can be committed to the stricken water rescue/recovery
agency.
- Immediately dispatch the resources, equipment and water rescue/recovery
personnel that area available to the stricken water rescue/recovery agency
At the emergency site, the senior most water rescue/recovery command officer
of the stricken agency who is present shall assume full responsibility and
command for operations at the scene. Using unified command principles, Away
Team commanders shall meet with the stricken agency’s command officer
and coordinate practical use of the available resources and review current
operational plans to the degree needed to assure safety and success of the
mission. Water rescue/recovery certified personnel from the aiding agencies
shall report to and shall work under the direction and supervision of their
own command staff; however the aiding agencies command staff shall coordinate
their functions and duties with the stricken agency’s command staff.
Provided, however, that at all times, the personnel of the aiding agencies
shall remain employees/volunteers of their own agency and shall adhere to
the policies and procedures of their own agency.
All services performed under this Agreement shall be rendered without reimbursement,
regardless of the possibility of reimbursement from the requesting agency
or other sources. Each participating water rescue/recovery agency and the
Illinois Water Rescue Association shall assume sole responsibility for indemnifying
their own personnel, as provided for by state and federal law and /or local
ordinance, and for providing personnel benefits, including benefits that arise
due to injury or death, to their own employees/volunteers as required by state
or federal law. Each participating agency shall also be responsible, regardless
of fault, for repairing or replacing any damage to their own vehicle or equipment
that occurs while providing assistance under this Agreement.
The participating agencies agree that this Agreement shall not give rise to any liability or responsibility for the failure to respond to any request for assistance made pursuant to this Agreement, including that of the Illinois Water Rescue Association. This Agreement shall not be construed as or deemed to be an Agreement for the benefit of any third party or parties, and no third party or parties shall have right of action whatsoever hereunder for any cause whatsoever.
The participating agencies further agree that each agency will be responsible for defending their own respective entity in any action or dispute that arises in connection with or as there result of this Agreement and that each agency will be responsible for bearing their own costs, damages, losses, expenses, and attorney fees.
The Illinois Water Rescue Association will maintain a governing board and establish an operational plan for giving and receiving aid under this Agreement. Said plan will be reviewed, updates and tested at regular intervals. Participating agencies agree to supply updated information about the make-up and skill level of their agency including special skills and equipment for entry into a data base for proper deployment of resources.
Section 4
Adoption
This mutual aid agreement shall be in full force and in effect when approved and executed by a representative of a participating water rescue/recovery agency who has legal authority to sign and enter into this Agreement on behalf of his water rescue/recovery agency.
Section 5
Termination
Any participating water rescue/recovery agency may withdraw from this Agreement upon giving ninety (90) days written notice addressed to the Illinois Water Rescue Association Board of Directors
SECTION 6
Signatory Page
This signatory certifies that this mutual aid agreement, for the Illinois Water Rescue Alarm System (IWRAS) managed by the Illinois Water Rescue Association has been adopted and approved by ordinance, resolution, memorandum of understanding or other manner approved by law, a copy of which document is attached hereto.
______________________________ _________________________________
Water Rescue/Recovery Agency Commanding Officer
______________________________ ________________________________
President, Mayor, Chairman or CEO Title
(if applicable)
______________________________ ________________________________
Date Date
Attest:
______________________________
Title
______________________________
Date
