HomeMy WebLinkAboutResolution #5442 RESOLUTION NO. 5442
A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT FOR PARTICIPATION IN THE
MUTUAL AID BOX ALARM SYSTEM
(MABAS MASTER AGREEMENT 2022)
WHEREAS, the Mutual Aid Box Alarm System (MABAS) was organized
beginning in 1968 in the northwest and western suburbs of Chicago, Illinois to coordinate
and automate fire department mutual aid, based roughly on the Chicago Fire Department's
box alarm system of predetermined resources assigned to respond to a specific incident or
area. Since 1968, MABAS has grown into a multi-state organization to coordinate
responses to fires, emergency medical calls, hazardous material, technical rescue and
other emergencies and disasters through prearranged mutual aid and dispatch agreements.
The system is designed to facilitate all levels of mutual aid from day-to-day automatic aid
responses to major incidents and disasters requiring significant deployment of resources.
MABAS member Units include the gambit from all-volunteer fire departments to major
cities like Chicago,Milwaukee and St. Louis; and
WHEREAS, since the last revision of the master MABAS intergovernmental
agreement in about 1988, MABAS has grown exponentially to its current composition of
almost 1200 Illinois Units and 2200 total Units in Illinois and several adjoining States; and
WHEREAS, it is the express intent of member Units that the MABAS
Agreement be in a form which can be adopted by Units in different States where Units
may lawfully enter into agreements providing for their mutual aid and protection. Thus,
even if the MABAS Agreement does not specifically cite the applicable current legal
authority for a particular State and its member Units, the lack of such citation shall not be
construed in any manner as an impediment to or prohibition of Units from other States
from joining MABAS. It is also the express intent of the member Units that all Units
adopt this same Intergovernmental Agreement without modification; and
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, with the State, with other States and their units of local government, and with
the United States to obtain and share services and to exercise, combine, or transfer any
power or function in any manner not prohibited by law or ordinance; and to further contract
or otherwise associate with individuals, associations, and corporations 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 including units of local government from another state; 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
1
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,the Mayor and the City Council of the City of Canton, Illinois have
determined that it is in the best interests of this unit of local government and its
residents to enter into a Mutual Aid Box Alarm System Agreement to secure to each the
benefits of mutual aid in fire protection, firefighting, rescue, emergency medical services
and other activities for the protection of life and property from an emergency or disaster and
to provide for communications procedures, training and other necessary functions to further
the provision of said protection of life and property from an emergency or disaster.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Canton,
Fulton County,Illinois,as follows:
SECTION ONE: INCORPORATION OF RECITALS That the recitals set
forth above are incorporated here by reference.
SECTION TWO: APPROVAL OF AGREEMENT That the Mutual Aid Box
Alarm System Master Agreement, (Approved by the MABAS Executive Board October
19,2022) is hereby approved, and the Mayor/President and the Clerk/Secretary be and are
hereby authorized and directed to execute the Mutual Aid Box Alarm System Master
Agreement, a copy of which is attached hereto as Exhibit A and made a part hereof.
SECTION THREE: REPEALER All prior ordinances, resolutions or motions,
or parts of ordinances, resolutions, or motions in conflict with any of the provisions of
this Resolution shall be, and the same are hereby repealed to the extent of the conflict.
SECTION FOUR: SEVERABILITY This Resolution and every provision
thereof shall be considered severable. If any section, paragraph, clause, or provision of
this Resolution is declared by a court of law to be invalid or unconstitutional, the
invalidity or unconstitutionality thereof shall not affect the validity of any other
provisions of this Resolution.
SECTION FIVE: EFFECTIVE DATE This Resolution shall be in full force and
effect from and after its passage and approval in the manner provided by law.
2
ADOPTED this I"day of August, 2023, by a roll call vote as follows:
Ayes:Alderpersons Chamberlin, Grimm,Nelson,Lovell,Hale, Gossett,Ketcham,Lingenfelter.
Nays:None
Absent:None
APP OVE :
Ke t . McDowell, Mayor
ATT ST:
drea J. S th-Walters, City Clerk
3
STATE OF ILLINOIS )
SS
COUNTY OF FULTON )
SECRETARY/CLERK'S CERTIFICATE
I, Andrea J. Smith Walters,the duly qualified and City Clerk of the City of Canton,
Fulton County,Illinois, do hereby certify that attached hereto is a true and correct copy of a
Resolution entitled:
RESOLUTION NO. 5442
AN RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
FOR PARTICIPATION IN THE
MUTUAL AID BOX ALARM SYSTEM
(MABAS MASTER AGREEMENT 2022)
which Resolution was duly adopted by the Canton City Council at a meeting held on the 1st
day of August, 2023.
I do further certify that a quorum of said Canton City Council was present at said
meeting, and that the Canton City Council complied with all the requirements of the Illinois
Open Meetings Act and its own policies,rules or regulations concerning the holdings of
meetings and the taking of action during meetings.
IN WITNESS WHEREOF,I have hereunto set my hand this 1 Sc day of August,
2023.
r
drea J. S 'th-Walters, City Clerk
City of Canton, Illinois
T j
�y�•�L II�T.1
MUTUAL AID BOX ALARM SYSTEM
MASTER AGREEMENT
As Approved by the MABAS Executive Board:
October 19,2022
ExecBd10192022
Table of Contents
SECTION ONE - PURPOSE ...........................................................................................4
SECTION TWO-RULES OF CONSTRUCTION AND DEFINITIONS ...........................5
SECTION THREE -AUTHORITY AND ACTION TO EFFECT MUTUAL AID ...............7
SECTION FOUR-JURISDICTION OVER PERSONNEL AND EQUIPMENT...............8
SECTION FIVE -COMPENSATION FOR AID...............................................................9
SECTION SIX - INSURANCE........................................................................................10
SECTION SEVEN LIABILITY.....................................................................................11
SECTION EIGHT- CHAPTERS...................................................................................11
SECTION NINE -COUNCIL OF CHAPTER PRESIDENTS.........................................12
SECTION TEN - DIVISIONS .........................................................................................12
SECTIONELEVEN -TERM..........................................................................................13
SECTION TWELVE - MISCELLANEOUS.....................................................................13
SECTION THIRTEEN -AMENDMENT..........................................................................14
SECTION FOURTEEN-REVOCATION OF PRIOR AGREEMENTS..........................15
SECTION FIFTEEN -APPROVAL................................................................................15
i
ExecW10192022
This Agreement by and among the units of federal, state and local government, and other
non-governmental emergency response organizations, subscribed hereto, hereafter referred to
as"Units", or"Parties" is made and entered into the date set forth next to the signatures of those
authorized to execute this Agreement on behalf of the respective Parties, each Party having
approved this Agreement and adopted same pursuant to their state's constitutional and statutory
authority and in a manner provided by law. In order to provide efficient and effective management
of this Agreement, groups of the Parties may be established as "Chapters" on a state-by-state
basis and Chapters may include Parties from adjoining states.
WHEREAS, the Mutual Aid Box Alarm System (MABAS) was formally organized
beginning in 1968 in the northwest and western suburbs of Chicago, Illinois to coordinate and
automate fire department mutual aid based roughly on the Chicago Fire Department's box alarm
system, whereby predetermined resources of personnel and fire equipment were assigned to
respond to a specific incident or area,and
WHEREAS, MABAS has grown into a multi-state organization through prearranged
mutual aid and dispatch agreements that coordinate responses to emergencies and disasters
including fires, emergency medical calls, hazardous material incidents, water related rescues,
and technical rescues, and MABAS is designed to facilitate all levels of mutual aid from day-to-
day automatic aid responses to major incidents and disasters requiring significant deployment of
resources; and
WHEREAS, since the last revision of the master MABAS intergovernmental agreement
circa 1988, MABAS has grown exponentially to its current composition of almost 1,200 Illinois
Units and 2,200 total Units in Illinois and several nearby States with Units ranging from all-
volunteer fire departments to major cities like Chicago, Milwaukee, and St. Louis; and
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 , with
the State, with other States and their units of local government, and with the United States to
obtain and share services and to exercise, combine, or transfer any power or function in any
manner not prohibited by law or ordinance; and to further contract or otherwise associate with
individuals, associations, and corporations in any manner not prohibited by law or ordinance; and
to further contract or otherwise associate with individuals, associations, and corporations in any
manner not prohibited by law; and
1
ExecBd10192022
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 units of local government from another state; and
WHEREAS, Section 5 of the Illinois "Intergovernmental Cooperation Act", 5 ILCS 22015,
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,the Indiana Code at Section 36-1-7(IC 36-1-7)authorizes an Indiana political
subdivision to enter into a mutual aid agreement with political subdivisions of states other than
Indiana, provided the agreement contains the necessary terms and conditions set out in IC 36-7-
3, is approved by the Indiana Attorney General as required under IC 36-1-7-4, is recorded with
the county recorder and filed with the Indiana State Board of Accounts as required under IC 36-
1-7-6; and
WHEREAS, for the purposes of Chapter 3 of Indiana Emergency Management and
Disaster law, the term "political subdivision' means city, town, township, county, school
corporation, library district, local housing authority,public transportation corporation, local building
authority, local hospital or corporation, local airport authority or other separate local governmental
entity that may sue and be sued. (See IC 10-14-3-6, IC 36-1-2-13, IC 36-1-2-10, IC 36-1-2-11,
IC 36-1-2-18); and
WHEREAS, the Indiana Code at Section 10-14-6.5(IC 10-14-6.5)authorizes the State of
Indiana and local units of government to enter into agreements to provide interstate mutual aid
for emergency responses that do not rise to the level requiring a state or local declaration of a
state of emergency or disaster; and
WHEREAS, Chapter 28E of the State Code of Iowa provides that any powers, privileges
or authority exercised or capable of exercise by a public agency of the State of Iowa may be
exercised and enjoyed jointly with any public agency of any other state or of the United States to
the extent that laws of such other state or of the United States permit such joint exercise or
enjoyment(See 28E.3); and
WHEREAS, the State Code of Iowa, in Chapter 28E, authorizes any one or more public
agencies to contract with any one or more other public agencies to perform any governmental
service, activity, or undertaking which any of the public agencies entering into the contract is
2
ExecBd10192022
authorized by law to perform, provided that such contract shall be authorized by the governing
body of each party to the contract(See 28E.12); and
WHEREAS, for the purposes of Chapter 28E of the State Code of Iowa, the term "public
agency" means any political subdivision of the State of Iowa; any agency of Iowa's government
or of the United States; and any political subdivision of another state (See 28E.2); and
WHEREAS, the Constitution of the State of Michigan, 1963, Article VII, Section 28,
authorizes units of local government to contract as provided by law; and
WHEREAS, the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et Seq.,
provides that any political subdivision of Michigan or of another state may enter into interlocal
agreements for joint exercise of power, privilege, or authority that agencies share in common and
might each exercise separately; and
WHEREAS, Minnesota Statute 471.59 authorizes two or more governmental units, by
agreement entered into through action of their governing bodies, to jointly or cooperatively
exercise any power common to the contracting parties or any similar powers, including those
which are the same except for the territorial limits within which they may be exercised; and
WHEREAS,the term"governmental unit"in Minnesota Statute 471.59 includes every city,
county, town, school district, and other political subdivision of this or another state; another state;
the University of Minnesota; licensed nonprofit hospitals; and any agency of the state of
Minnesota or the United States. The term also includes any instrumentality of a governmental
unit if that unit has independent policy-making and appropriating authority; and
WHEREAS, Article VI, Section 16 of the Constitution of Missouri and Sections 70.210,
70.320,and 70.220.1,of the Revised Statutes of Missouri, provide that any municipality or political
subdivision of the state of Missouri may contract and cooperate with other municipalities or
political subdivisions thereof, or with other states or their municipalities or political subdivisions,
or with the United States,to provide a common service as provided by law so long as the subject
and purpose of such are within the scope of the powers of such municipality or political
subdivision; and
WHEREAS, for the purposes of Sections 70.210, 70.320, and 70.220.1 of the Revised
Statutes of Missouri, "municipality" means municipal corporations, political corporations, and
other public corporations and agencies authorized to exercise governmental functions; and
"political subdivision" means counties, townships, cities, towns, villages, school, county library,
city library, city-county library, road, drainage, sewer, levee and fire districts, soil and water
conservation districts,watershed subdistricts, county hospitals, and any board of control of an art
museum, and any other public subdivision or public corporation having the power to tax; and
3
ExecBd10192022
WHEREAS,Title LV, Section 5502.291 of the Ohio Revised Code authorizes the governor
to enter into mutual aid arrangements for reciprocal emergency management aid and assistance
with other states and to coordinate mutual aid plans between political subdivisions, between the
State of Ohio and other states, or between the State of Ohio and the United States;and
WHEREAS, Sections 66.0301 and 66.0303,Wisconsin Statutes, authorize municipalities
to contract with municipalities of another state for the receipt or furnishing of services or the joint
exercise of any power or duty required or authorized by statute to the extent that laws of the other
state or of the United States permit the joint exercise; and, jointly exercise powers delegated to
them and,thereby,to make certain agreements concerning boundary lines between themselves;
and
WHEREAS, for the purposes of Subchapter III of Chapter 66 of the Wisconsin Statutes,
the term "municipality" includes political subdivisions, which refers to any city, village, town, or
county in this state or any city, village, town,.county, district, authority, agency, commission, or
other similar governmental entity in another state;(See Wis.Stat.66.0303(1), 66.0304(1)(0); and
WHEREAS, similar provisions providing for intergovernmental cooperation exist in the
other states in which any Party to this Agreement resides, and which provide legal authority for
each respective Party to enter into the Agreement; and
WHEREAS, the Parties have determined that it is in their best interests to enter into this
Agreement to secure to each the benefits of mutual aid in fire protection, suppression, provision
of rescue and emergency medical assistance, hazardous materials control, technical rescue,
training and any other emergency support for the protection of life and property in the event of an
Emergency, Disaster, or other Serious Threat to Public Health and Safety, and to engage in
Training and other preparedness activities in furtherance of the foregoing mutual aid activities;
and
NOW;THEREFORE, in consideration of the mutual covenants and understandings set
forth in this Agreement, and pursuant to the authority bestowed upon the Parties set forth
above, it is agreed by, among and between the Parties as follows:
SECTION ONE - PURPOSE
It is recognized and acknowledged that leveraging collective resources from other Units to provide
effective, efficient response to Emergencies, Disasters, or Serious Threats to Public Safety is
desired. Further, it is acknowledged that the closest, available Unit(s)that can render aid may be
outside of a requesting Unit's or Chapter's jurisdiction. Accordingly, it is the express intent of the
4
ExecM10192022
Parties that this agreement be in a standardized form which can be adopted by Units in different
States, notwithstanding this Agreement may not specifically cite the applicable current legal
authority for a particular State and its member Units to join MABAS,the lack of such citation herein
shall not be construed in any manner as an impediment to or prohibition of Units within other
States from joining MABAS, it being the express intent of the Parties that each Unit desiring to
join MABAS may become additional Parties hereto by adopting this Intergovernmental Agreement
without modification; In this fashion by way of this Agreement, the Parties will have created a
mutual aid agreement that incorporates emergency response disciplines from federal, state and
local governmental units, as well as non-governmental organizations and corporations that
provide emergency response functions and services that support the mission of MABAS and its
member Units;
SECTION TWO—RULES OF CONSTRUCTION AND DEFINITIONS
1. The language in this Agreement shall be interpreted in accordance with the following rules of
construction: (a) The word "may" is permissive and the word "shall" is mandatory; and (b)
except where the context reveals the contrary: The singular includes the plural and the plural
includes the singular, and the masculine gender includes the feminine and neuter.
2. When the following words in bold font with the first letter in the upper case are used in this
Agreement, such words shall have the meanings ascribed to them in this Subsection:
A. "Agreement" means this Master Mutual Aid Box Alarm System Agreement.
B. "Aiding Unit" means any Unit furnishing equipment, Emergency Responders, or
Emergency Services to a Requesting Unit under this Agreement.
C. "Automatic Mutual Aid" or"Auto-Aid" means the provision of mutual aid through a
prearranged plan between Units whereby assistance is provided at the time of
dispatch without a specific request from an Incident Commander.
D. "Box Alarm" means a prearranged plan for an Emergency or Disaster that uses a
defined process for implementation, dispatch and response.
E. "Chapter" means a group of Divisions, established on a state-by-state basis, and
whose members may include Units from other States.
F. "Chapter Governing Board" means the governing body of a Chapter which is
composed of a representative of each member Division or Region within a Chapter
as provided by the Chapter's Bylaws.
5
ExecBd10192022
G. "Chapter President"means a person elected as the President of each state Chapter,
H. "Chief Officer" means the Fire Chief or agency head of a Unit, or a designee of the
Unit's Fire Chief or agency head.
I. "Council of Chapter Presidents" means the council or board whose members shall
be the elected President of each State's Chapter, as set forth in this Agreement.
J. "Disaster" means an occurrence or threat of widespread or severe damage, injury,
or loss of life or property resulting from a natural or human-made cause, including
fire, severe weather event, environmental contamination, utility failure, radiological
incident, structural collapse, explosion, transportation accident, hazardous materials
incident, epidemic, pandemic,or similar calamity.
K. "Division" means geographically associated Units which have been grouped for
operational efficiency and representation within a State and may include Units from
adjoining States.
L. "Emergency" means any occurrence or condition which results in a situation where
assistance is requested to supplement local efforts and capabilities to save lives,
protect property and protect the public health and safety, or to lessen or avert the
threat of a catastrophe or Disaster or other Serious Threat to Public Health and
Safety.
M. "Emergency Responder" includes any person who is an employee or agent of an
Unit.An Emergency Responder includes, without limitation, the following: firefighters
(including full time, part time, volunteer, paid-on -call, paid on premises, and
contracted personnel,as well as hazardous materials,specialized rescue,extrication,
water rescue, and other specialized personnel), emergency medical services
personnel, support personnel and authorized members of non-governmental
response Units.
N. "Emergency Services" means provision of personnel and equipment for fire
protection, suppression, provision of rescue and emergency medical services,
hazardous materials response, technical rescue and recovery, and any other
emergency support for the protection of life and property in the event of an
Emergency, Disaster, or other Serious Threat to Public Health and Safety, and
includes joint Training for the provision of any such services by the Units.
O. "Incident Commander" is the individual responsible for all incident activities,
including the development of strategies and tactics and the ordering and the release
of resources in the provision of Emergency Services, has overall authority and
6
ExecBd10192022
responsibility for conducting incident operations, and is responsible for the on-scene
management of all incident operations.
P. "Incident Command System" means a standardized management system such as
FF the National Incident Management System (NIMS), designed to enable effective and
efficient incident management by integrating a combination of facilities, equipment,
personnel, procedures, and communications operating within a common
organizational structure.
Q. "MABAS" means the Mutual Aid Box Alarm System described in the Agreement, and
is an intergovernmental agency formed pursuant to the authority of the Illinois
Intergovernmental Cooperation Act and similar intergovernmental cooperation
authority of other states in which Units reside.
R. "Mutual Aid" is assistance from an Aiding Unit to a Requesting Unit as the result of
an Emergency or other event and may precede the request for a Box Alarm and
includes Automatic Mutual Aid.
S. "Requesting Unit" means any Unit requesting assistance of another Unit under this
Agreement.
T. "Serious Threats to Public Health and Safety"means threats, incidents or planned
events of sufficient magnitude that the adequate public safety response requires
mutual aid or other assistance.
U. "Training" means the instruction and/or assessment of Emergency Services during
non-emergency drills and instruction whether in the field or classroom.
V. "Unit"(also"Member Unit)means components of federal,state or local government,
or other non-governmental emergency response organizations who have become
Parties to this Agreement.
SECTION THREE—AUTHORITY AND ACTION TO EFFECT MUTUAL AID
The Parties hereby authorize and direct their respective Chief Officer, or designee, to take
reasonably necessary and proper action to render and request Mutual Aid to and from the other
Parties to the Agreement, and to participate in Training activities, all in furtherance of effective
and efficient provision of Mutual Aid pursuant to this Agreement.
In accordance with a Party's policies and within the authority provided to its Chief Officer, upon
an Aiding Unit's receipt of a request from a Requesting Unit for Emergency Services, the Chief
7
ExecBd10192022
Officer, or the Chief Officer's designee such as the ranking officer on duty, may commit the
requested Mutual Aid in the form of equipment, Emergency Responders, and Emergency
Services to the assistance of the Requesting Unit. All aid rendered shall be to the extent of
available personnel and equipment taking into consideration the resources required for adequate
protection of the territorial limits of the Aiding Unit. The decision of the Chief Officer, or designee,
of the Aiding Unit as to the personnel and equipment available to render aid, if any, shall be final.
SECTION FOUR—JURISDICTION OVER PERSONNEL AND EQUIPMENT
Emergency Responders dispatched to aid a Requesting Unit pursuant to this Agreement shall, at
all times, remain employees or agents of the Aiding Unit, and are entitled to receive any benefits
and compensation to which they may otherwise be entitled under the laws, regulations, or
ordinances of the United States of America, their respective States, and their respective political
subdivisions. This includes, but is not limited to, benefits for pension, relief, disability, death, and
workers'compensation. If an Emergency Responder is injured or killed while rendering assistance
under this Agreement, benefits shall be afforded in the same manner and on the same terms as
if the injury or death were sustained while the Emergency Responder was rendering assistance
for or within the Aiding Unit's own jurisdiction.
Emergency Responders of the Aiding Unit will come under the operational control of the
Requesting Unit's Incident Commander, or other appropriate authority, until released. The Aiding
Unit shall, at all times, have the right to withdraw any and all aid upon the order of its Chief Officer,
or designee. The Aiding Unit shall notify the Incident Commander of the extent of any withdrawal,
and coordinate the withdrawal to minimize jeopardizing the safety of the operation or other
Emergency Responders.
If for any reason an Aiding Unit determines that it cannot respond to a Requesting Unit, the Aiding
Unit shall promptly notify the Requesting Unit of the Aiding Unit's inability to respond; however,
failure to promptly notify the Requesting Party of such inability to respond shall not be deemed to
be noncompliance with the terms of this Section and no liability may be assigned. No liability of
any kind shall be attributed to or assumed by a Party, for failure or refusal to render aid, or for
withdrawal of aid.
8
SECTION FIVE—COMPENSATION-FOR AID ExecBd10192022
Nothing herein shall operate to bar any recovery of funds from any third party, state or federal
agency under any existing statutes, or other authority. Each Aiding Unit is responsible for the
compensation of its Emergency Responders providing Mutual Aid and for any additional costs
incurred to ensure its jurisdiction has adequate resources during the rendering of Mutual Aid.
Day-to-day Mutual Aid should remain free of charge and the administrative requirements of
reimbursement make it infeasible to charge for day-to-day Mutual Aid. However, the following
exceptions may be applied:
1. Third Party Reimbursement - Expenses for Emergency Services recoverable from third
parties shall be proportionally distributed to all participating Units by the Unit recovering
such payment from a third party. The Unit responsible for seeking payment from a third
party shall provide timely notice to Aiding Units of a date by which submission of a request
for reimbursement must be received. Reimbursement shall be based on the accurate and
timely submission of allowable costs and documentation attributable to the incident by
each Aiding Unit. These costs include manpower, use of equipment and materials
provided, and damage or loss of equipment. The Unit recovering payment from a third
party shall notify Aiding Units that such payment has been made and will reimburse the
other Units. If the third-party payment is less than the full amount of all Units' cost
submittals, the funds shall be proportionally distributed based on each Unit's submitted
costs compared to the total of all costs submitted. Intrastate Emergency Management
Agency Tasking - Expenses recoverable related to a response to an emergency or
disaster at the request of a state's emergency management agency or authority.
Reimbursement shall be based on the accurate and timely submission of allowable costs
and documentation attributable to the response by each Aiding Unit. These costs include
manpower, use of equipment and materials provided, and damage or loss of equipment.
The Unit recovering payment from a state shall notify Aiding Units that such payment has
been made and will reimburse the other Units. If the payment is less than the full amount
of all Units' cost submittals, the funds shall be proportionally distributed based on each
Unit's submitted costs compared to the total of all costs submitted.
2. Interstate Emergency Management Assistance Compact("EMAC")Response—Expenses
recoverable related to a response to an emergency or disaster at the request of a state's
emergency management agency or authority to another state. Reimbursement shall be
9
ExecBM 0192022
based on the accurate and timely submission of allowable costs and documentation
attributable to the response by each Aiding Unit. These costs include manpower, use of
equipment and materials provided, and damage or loss of equipment. If these payments
are not made directly to the participating Units, the Unit recovering payment from a state
shall notify Aiding Units that such payment has been made and will reimburse the other
Units. If the payment is less than the full amount of all Units' cost submittals, the funds
shall be proportionally distributed based on each Unit's submitted costs compared to the
total of all costs submitted.
3. Emergency Medical Services Billing — Member Units providing Mutual Aid under this
Agreement may bill patients for emergency medical services in accordance with applicable
federal, state, and local ambulance billing regulations.
SECTION SIX- INSURANCE.
Each Party shall procure and maintain, at its sole and exclusive expense, insurance coverage,
including comprehensive liability, personal injury, property damage,workers'compensation, auto,
and, if applicable, watercraft, aircraft, drones or, emergency medical service professional liability,
with minimum policy limits of:
Auto liability: $1,000,000 combined single limit
General Liability: $1,000,000 per occurrence
Emergency Medical Service Professional Liability: $1,000,000 per occurrence
Workers' Compensation: Statutory limits
The obligations of this Section may be satisfied by a Parry's membership in a self-insurance pool,
a self-insurance plan, or arrangement with an insurance provider approved by the state of
jurisdiction. To the extent permitted by governing law of the state in which a Party resides, each
Party agrees to waive subrogation rights it may acquire, and to require any insurer to waive
subrogation rights they may acquire, by virtue of the payment of claims,suits, or other loss arising
out of this Agreement, and shall, as to any insurer, obtain any endorsement necessary to
effectuate such waiver of subrogation.
10
ExecBd10192022
SECTION SEVEN - LIABILITY,
Each Party will be solely responsible for the acts of its own governing body, officers, employees,
agents, and subcontractors, expressly including, but not limited to, all of its Emergency
Responders,the costs associated with those acts, and the defense of those acts. No Party shall
be responsible to another Party for any liability or costs arising from the act of an employee or
agent of another Party. Each Party hereto shall hold other Parties hereto harmless for any liability
or costs arising from the act of an employee or agent of another Party. The Provisions of this
Section shall survive the termination of this Agreement by any Party.
Any Party responding under this Agreement to another state shall be considered agents of the
Requesting Unit in the other state for tort liability and immunity purposes related to third-party
claims to the extent permissible under the laws of both states. Nothing in this Section shall be
deemed a waiver by any Party of its right to dispute any claim or assert statutory and common
law immunities as to third parties.
SECTION EIGHT- CHAPTERS
For operational efficiency and representation of Units and Divisions, Chapters are hereby created
on a state-by-state basis. Chapters shall elect a President to the Council of Chapter Presidents.
When a Division forms within a state that does not have a Chapter, that Division will be affiliated
with another state Chapter. When three Divisions within a state become organized, a Chapter for
that state shall automatically be created, and Divisions within that state shall be transitioned to
the new Chapter, unless prohibited by state statute(s).
Chapters shall have their own governing Board selected by the Units, Divisions, or Regions, and
shall determine the number and role of Chapter officers. Chapters shall develop bylaws that
provide for their governance and operations within the framework of this Agreement and the
direction of the Council of Chapter Presidents. Chapters shall maintain authority to establish
Divisions or Regions, to the assignment of Units to Divisions or Regions, and to establish
emergency response procedures, protocols, resources,and training requirements. Chapters and
their Divisions may fix and assess dues, secure appropriate insurance, own and maintain
facilities, vehicles, apparatus and equipment, employ and provide benefits for personnel,operate
specialized response teams, participate in EMAC activities, enter into agreements with other
11
ExecBO 0192022
governmental and non-governmental entities, and administer the affairs of their Chapter, to
facilitate the purposes of MABAS.
SECTION NINE—COUNCIL OF CHAPTER PRESIDENTS
A Council of Chapter Presidents is hereby created that consists of the elected President of each
state Chapter. The Council of Chapter Presidents shall facilitate coordination among state
Chapters, adopt bylaws for the operation of the Council of Presidents, ensure compliance with
this Agreement, recommend common operating procedures and practices, recommend changes
to this Agreement, and promote unity to facilitate the purposes of MABAS. MABAS and the
Council of Chapter Presidents shall be hosted by the founding Chapter of MABAS, Illinois, and
shall be based therein. As the Council is hosted in Illinois, all issues and questions concerning
the construction, validity, enforcement and interpretation of this Agreement shall be governed by,
and construed in accordance with, the laws of the State of Illinois.
SECTION TEN - DIVISIONS.
For operational efficiency and representation of Member Units, Divisions are hereby authorized
on a Chapter-by-Chapter basis in accordance with procedures established by their Chapter_
When a Division forms within a state that does not have a Chapter, that Division will be affiliated
with another state Chapter in accordance with procedures established by that other state's
Chapter.
Divisions shall have their own governing Board, shall determine the number and role of Division
officers, and shall develop bylaws that govern their operations within the framework of this
Agreement and direction of the Chapter and Council of Chapter Presidents. Divisions shall
maintain authority to establish emergency response procedures, protocols, resources, and
training requirements within the framework of this Agreement and the direction of the Chapter and
Council of Chapter Presidents. Divisions may fix and assess dues, secure appropriate insurance,
own and maintain facilities, vehicles, apparatus and equipment, employ and provide benefits for
personnel, operate specialized response teams, enter into agreements with other governmental
and non-governmental entities, and administer the affairs of their Division, to facilitate the
purposes of MABAS.
12
ExecBd10192022
SECTION ELEVEN--TERM.
This Agreement shall be in effect for a term of one year from the date of signature hereof and
shall automatically renew for successive one-year terms unless terminated in accordance with
this Section. Any Party may terminate their participation within this Agreement, at any time, for
any reason, or for no reason at all, upon ninety (90) days written notice to the applicable state
Chapter. A Unit that terminates this Agreement must return any asset that is owned by, or
provided from, a Chapter or its Divisions prior to the termination of the Agreement, unless agreed
to otherwise in writing by the Chapter or Division. Costs associated with the recovery or
replacement of said asset if it is not voluntarily returned after written notice has been given shall
be borne by the departing Unit, including reasonable legal fees.
SECTION TWELVE - MISCELLANEOUS.
A. Entire Agreement. This Agreement sets forth the entire agreement between the Parties. The
language of this Agreement shall be construed as a whole according to its fair meaning and
not construed strictly for or against any Party. By signing this agreement, each of the Parties
affirm that they have taken all actions and secured all local approvals necessary to authorize
and sign this Agreement.
B. Binding--Effect..This Agreement shall be binding upon and inure to the benefit of any successor
entity which may assume the obligations of any Party hereto.
C. Severability of Provisions. If a Court of competent jurisdiction finds any provision of this
Agreement invalid or unenforceable, then that provision shall be deemed severed from this
Agreement.The remainder of this Agreement shall remain in full force.
D. Captions. The captions, headings, and titles in this Agreement are intended for the
convenience of the reader and not intended to have any substantive meaning and are not to
be interpreted as part of this Agreement.
E. Terminology. All terms and words used in this Agreement, regardless of the numbers or
gender in which they are used,are deemed to include any other number and any other gender
as the context may require.
13
ExecBd10192022
F. Recitals. The Recitals shall be considered an integral part of this Agreement.
G. No Third-Party Beneficiaries. Except as expressly provided herein, this Agreement does not
create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit,
right of indemnification (i.e., contractual, legal, equitable, or by implication), right of
subrogation as to any Parry's rights in this Agreement, or any other right of any kind in favor
of any individual or legal entity.
H. Counterpart Signatures. This Agreement may be signed in multiple counterparts. The
counterparts taken together shall constitute one(1)agreement.
I. Permits.and Licenses. Each Party shall be responsible for obtaining and maintaining,
throughout the term of this Agreement, licenses, permits, certificates, and governmental
authorizations for its employees and/or agents necessary to perform their obligations under
this Agreement.
J. No Implied Waiver. Absent a written waiver, no fact,failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights
with regard to any existing or subsequent breach of this Agreement. No waiver of any term,
condition, or provision of this Agreement, whether by conduct or otherwise, in one or more
instances shall be deemed or construed as a continuing waiver of any term, condition, or
provision of this Agreement. No waiver by either Party shall subsequently affect its right to
require strict performance of this Agreement.
K. Notices. Notices given under this Agreement shall be in writing and shall be delivered by one
or more of the following processes: personally delivered, sent by express delivery service,
certified mail, or first-class U.S. mail postage prepaid to the head of the governing body of the
participating agency.
SECTION THIRTEEN -AMENDMENT
An amendment may be proposed by any Party, Division or Chapter, and be presented to the
Council of Chapter Presidents for review, comment, and modification. The Council of Chapter
Presidents shall, after consideration, recommend final amendatory language to all Parties for
adoption and execution. The Agreement may be amended only upon written agreement and
approval of the governing bodies of two-thirds (2/3) of the Parties. All Amendments to this
Agreement shall comply with the applicable laws of the respective states.
14
ExecBd10192022
SECTION FOURTEEN --REVOCATION-OF--PRIOR AGREEMENTS
This Agreement shall replace all prior Mutual Aid Box Alarm System agreements effective at 12:01
a.m. Central Standard Time on January 1, 2024, and in accordance with the laws of their
respective states.Any member Unit that has not become a Party to this Agreement by 12:01 a.m.
Central Standard Time on January 1, 2024, shall no longer be affiliated with MABAS in any
capacity,shall not continue to benefit from its prior association with MABAS, and shall not rely on
the MABAS system for emergency responses, until subsequently rejoining MABAS by the
adoption of an approving ordinance or resolution and entering into this Agreement, as may be
amender}from time to time. The effective date for any new Member Unit joining after January 1,
2024, shall be the date set forth next to the signature of that new Member Unit.
Any MABAS owned assets in the possession of a Unit that fails to execute this Agreement shall
return said assets to MABAS no later than January 31, 2024. Costs associated with the recovery
or replacement of said asset shall be borne by the Unit failing to execute this Agreement, including
reasonable legal fees.
SECTION FIFTEEN -APPROVAL
This Agreement may be executed in multiple originals. The undersigned attests that they have
the authority to execute this Agreement which has been approved by appropriate ordinance,
resolution or authority and is hereby adopted by the
(Unit)this_day of , 202_. A certified copy of
approving ordinance, resolution or authority, along with the executed Agreement shall be
forwarded to the applicable state Chapter, and a master list of Parties shall be kept by the Council
of Chapter Presidents.
By:-.
Title:--
Attest:
Title:._
15