R2009-78 AUTHORIZING PARTICIPATION ILLINOIS WATER/WASTEWATER AGENCY RESPONSE NETWORK AGREEMENT

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� � k � ' illinois Water and Wastewafier Mutual Aid and Assis#ance Agreement This Agreement is made and entered into by public and private Water and Wastewater Utilities in Illinois that have, by executing this Agreement, manifested their intent to participate in an Intrastate Mutual Aid and Assistance Program. WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, (hereinafter "AcY') authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, any community (including Chicago)with a population over 25,000 is a home rule unit of local government under the 1970 Constitution of the State of Illinois and as such may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the Act provides that any one or more public agencies may contract with ' any one or more other public agencies to set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, the Illinois 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 including a unit of local government from another state; and WHEREAS, the Parties to this Agreement may voluntarily agree to participate in intrastate mutual aid and assistance activities conducted under the Illinois Intrastate Mutual Aid and Assistance Program and the Interstate Emergency Management Assistance Compact (EMAC). Parties may voluntarily agree to participate in an interstate Mutual Aid and Assistance - Program for water and waste water agencies through this Agreement if such a program were established; and WHEREAS, some of the Parties hereto are units of local government as defined by the Constitution of the State of Illinois and the Intergovernmental Cooperation Act; and WHEREAS, the Parties recognize that they are vulnerable to a variety of potential natural and man-made disasters; and WHEREAS, the Parties to this Agreement wish to provide mutual aid and assistance to one another during times of utility emergencies; and NOW, THEREFORE, in consideration of the option of each signatory hereto to provide/receive mutual aid and assistance to/from any other signatory hereto upon the terms and conditions set forth herein, the Parties agree as follows: I of 9 fina] 02/15/2009