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HomeMy WebLinkAboutOrdinance #1808ORDINANCE NO. 18013 AN ORDINANCE AUTHORIZING A MUTUAL AID BOX ALARM SYSTEM AGREEMENT 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 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; 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 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 have determined that it is in the best interests of the City and its residents to enter into an intergovernmental agreement to secure to each the benefits of mutual aid in fire protection, firefighting and 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 ORDAINED by the Mayor and City Council of the City of Canton, Fulton County, Illinois as follows: SECTION ONE; That the Mayor and the Clerk be and are hereby authorized to execute an Agreement for participation in the Mutual Aid Box Alarm System, a copy of said Agreement being attached hereto and being made a part hereof. S TIN TWA: That the Mutual Aid Box Alarm System Executive Board By-Laws attached hereto and made a part hereof are hereby approved. ADOPTED this ly`"hday of August , 2004, by a roll call vote as follows: AYES: Alderm~ Sarff, Fiilin~ham, darn, Carl, Hartford, Reed. NAYS: Nrm~. ABSENT: Aldermen Nh'11eck, and West _ Mayor ATTEST: Clerk -2- STATE OF ILLINOIS ) Fulton ) SS COUNTY OF ) CLERK'S CERTIFICATE I, Y ~whi~es ,the duly qualified and acting Clerk of the City of Canton, Fulton County, Illinois, do hereby certify that attached hereto is a true and correct copy of an Ordinance entitled: ORDINANCE NO. 1808 AN ORDINANCE AUTHORIZING A M ~T IA AID BOX A ARM SYST M A ,R M NT which Ordinance was duly adopted by said City Council at a regular meeting held on the day of 8'l~ , 2004. I do further certify that a quorum of said City Council was present at said meeting, and that the City Council complied with all the requirements of the Illinois Open Meetings Act. IN WITNESS WHEREOF, I have hereunto set my hand this l~~day of tiugtzst , 2004. r Clerk MUTUAL AID BOX ALARM SYSTEM AGREEMENT This Agreement made and entered into the date set forth next to the signature of the respective parties, by and between the units of local government subscribed hereto (hereafter "Unit(s)" that have approved this Agreement and adopted same in manner as provided by law and are hereafter listed at the end of this Agreement. 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 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; 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 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 parties hereto 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, firefighting and the protection of life and property from an emergency or disaster; and, WHEREAS, the parties hereto have determine that it is in their best interests to form an association 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, in consideration of the foregoing recitals, the Unit's membership in the Mutual Aid Box Alarm System and the covenants contained herein, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION ONE Purpose It is recognized and acknowledged that in certain situations, such as, but not limited to, emergencies, natural disasters and man-made catastrophies, the use of an individual Member Unit's personnel and equipment to perform functions outside the territorial -imits of the Member Unit is desirable and necessary to preserve and protect the health, safety and welfare of the public. It is further expressly acknowledged that in certain situations, such as the aforementioned, the use of other Member Unit's personnel and equipment to perform functions within the territorial limits of a Member Unit is desirable and necessary to preserve and protect the health, safety and welfare of the public. Further, it is acknowledged that coordination of mutual aid through the Mutual Aid Box Alarm System is desirable for the effective and efficient provision of mutual aid. SECTION TWO Definitions For the purpose of this Agreement, the following terms as used in this agreement shall be defined as follows: -2- A. "Mutual Aid Box Alarm System" (hereinafter referred to as "MABAS"): A definite and prearranged plan whereby response and assistance is provided to a Stricken Unit by the Aiding Unit(s) in accordance with the system established and maintained by the MABAS Member Units and amended from time to time; B. "Member Unit": A unit of local government including but not limited to a city, village or fire protection district having a fire department recognized by the State of Illinois, or an intergovernmental agency and the units of which the intergovernmental agency is comprised which is a party to the MABAS Agreement and has been appropriately authorized by the governing body to enter into such agreement, and to comply with the rules and regulations of MABAS; C. "Stricken Unit": A Member Unit which requests aid in the event of an emergency: D. "Aiding Unit": A Member Unit furnishing equipment, personnel, and/or services to a Stricken Unit; E. "Emergency": An occurrence or condition in a Member Unit's territorial jurisdiction which results in a situation of such magnitude and/or consequence that it cannot be adequately handled by the Stricken Unit and such that a Member Unit determines the necessity and advisability of requesting aid. F. "Division": The geographically associated Member Units or unit which have been grouped for operational efficiency and representation of those Member Units. G. "Training": The regular scheduled practice of emergency procedures during non- emergency drills to implement the necessary joint operations of MABAS. H. "Executive Board": The governing body of MABAS comprised of Division representatives. -3- SECTION THREE Authority and Action to Effect Mutual Aid A. The Member Units hereby authorize and direct their respective Fire Chief or his designee to take necessary and proper action to render and/or request mutual aid from the other Member Units in accordance with the policies and procedures established and maintained by the MABAS Member 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. B. 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 this 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. C. The Fire Chief, or his designee, of the Aiding Unit shall take the following action immediately upon being requested for aid: 1. Determine what equipment, personnel and/or services is requested according to the system maintained by MABAS; 2. Determine if the requested equipment, personnel, and/or services can be committed in response to the request from the Stricken Unit; 3. 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; -4- 4. Notify the Stricken Unit if any or all of the requested equipment, personnel and/or services cannot be provided. SECTION FOUR Personnel dispatched to aid a party pursuant to this 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 party rendering aid shall at all times have the right to withdraw any and all aid upon the order of its Fire Chief or his designee; provided, however, that the party withdrawing such aid shall notify the Fire Chief or Senior Officer of the party requesting aid of the withdrawal of such aid and the extent of such withdrawal. SECTION FIVE Equipment, personnel, and/or services provided pursuant to this Agreement shall be at no charge to the party requesting aid; however, any expenses recoverable from third parties shall be equitably distributed among responding parties. Nothing herein shall operate to bar any recovery of funds from any state or federal agency under any existing statutes. SECTION SIX Each party hereto shall procure and maintain, at its sole and exclusive expense, insurance coverage, including: comprehensive liability, personal injury, property damage, worker's -5- compensation, and, if applicable, emergency medical service professional liability, with minimum limits of $1,000,000 auto and $1,000,000 combined single limit general liability and professional liability. No party hereto shall have any obligation to provide or extend insurance coverage for any of the items enumerated herein to any other party hereto or its personnel. The obligations of the Section may be satisfied by a party's membership in aself-insurance pool, aself-insurance plan or arrangement with an insurance provider approved by the state of jurisdiction. The MABAS may require that copies or other evidence of compliance with the provisions of this Section be provided to the MABAS. Upon request, Member Units shall provide such evidence as herein provided to the MABAS members. SECTION SEVEN Indemnification Each party hereto agrees to waive all claims against all other parties hereto for any loss, damage, personal injury or death occurring in consequence of the performance of this Mutual Aid Agreement; provided, however, that such claim is not a result of gross negligence or willful misconduct by a party hereto or its personnel. Each party requesting or providing aid pursuant to this Agreement hereby expressly agrees to hold harmless, indemnify and defend the party rendering aid and its personnel from any and all claims, demands, liability, losses, suits in law or in equity which are made by a third party. This indemnity shall include attorney fees and costs that may arise from providing aid pursuant to this Agreement. Provided, however, that all employee benefits, wage and disability payments, pensions, worker's compensation claims, damage to or destruction of equipment and clothing, and medical expenses of the party rendering aid shall be the sole and exclusive responsibility of the respective party for its employees, provided, however, that such claims made by a third party -~- are not the result of gross negligence or willful misconduct on the part of the party rendering aid. SECTION EIGHT Non-Liability for Failure to Render Aid The rendering of assistance under the terms of this Agreement shall not be mandatory if local conditions of the Aiding Unit prohibit response. It is the responsibility of the Aiding Unit 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 this section and no liability may be assigned. No liability of any kind or nature shall be attributed to or be assumed, whether expressly or implied, by a party hereto, its duly authorized agents and personnel, for failure or refusal to render aid. Nor shall there be any liability of a party for withdrawal of aid once provided pursuant to the terms of this Agreement. SECTION NINE 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 hereto may terminate its participation in this Agreement at any time, provided that the party wishing to terminate its participation in this Agreement shall give written notice to the Board of their Division and to the Executive Board specifying the date of termination, such notice to be given at least 90 calendar days prior to the specified date of termination of participation. The written notice provided herein shall be given by personal delivery, registered mail or certified mail. -7- SECTION TEN This Agreement shall be in full force and effective upon approval by the parties hereto in the manner provided by law and upon proper execution hereof. SECTION ELEVEN This Agreement shall be binding upon and inure to the benefit of any successor entity which may assume the obligations of any party hereto. Provided, however, that this Agreement may not be assigned by a Member Unit without prior written consent of the parties hereto; and this Agreement shall not be assigned by MABAS without prior written consent of the parties hereto. SECTION TWELVE The invalidity of any provision of this Agreement shall not render invalid any other provision. If, for any reason, any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severable and this Agreement may be enforced with that provision severed or modified by court order. SECTION THIRTEEN All notices hereunder shall be in writing and shall be seared personally, by registered mail or certified mail to the parties at such addresses as may be designated from time to time on the -8- MABAS mailing lists or, to other such addresses as shall be agreed upon. SECTION FOURTEEN This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of Illinois. SECTION FIFTEEN This Agreement may be executed in multiple counterparts or duplicate originals, each of which shall constitute and be deemed as one and the same document. SECTION SIXTEEN An Executive Board is hereby established to consider, adopt and amend from time to time as needed rules, procedures, by-laws and any other matters deemed necessary by the Member Units. The Executive Board shall consist of a member elected from each Division within MABAS who shall serve as the voting representative of said Division on MABAS matters, and may appoint a designee to serve temporarily in his stead. Such designee shall be from within the respective division and shall have all rights and privileges attendant to a representative of that Member Unit. A President and Vice President shall be elected from the representatives of the Member Units and shall serve without compensation. The President and such other officers as are provided for in the by laws shall coordinate the activities of the MABAS. -9- SECTION SEVENTEEN The Executive Board shall meet regularly to conduct business and to consider and publish the rules, procedures and by laws of the MABAS, which shall govern the Executive Board meetings and such other relevant matters as the Executive Board shall deem necessary. SECTION EIGHTEEN Rules, procedures and by laws of the MABAS shall be established by the Member Units via the Executive Board as deemed necessary from time to time for the purpose of administrative functions, the exchange of information and the common welfare of the MABAS. SECTION NINETEEN This Agreement may only be amended by written consent of all the parties hereto. This shall not preclude the amendment of rules, procedures and by laws of the MABAS as established by the Executive Board to this Agreement. The undersigned unit of local government or public agency hereby has adopted, and subscribes to, and approves this MUTUAL AID BOX ALARM SYSTEM Agreement to which this signature page will be attached, and agrees to be a party thereto and be bound by the terms thereof. -~ n- This Signatory certifies that this Mutual Aid Box Alarm System Agreement has been adopted and approved by ordinance, resolution, or other manner approved by law, a copy of which document is attached hereto. City of Canntori Political Entity Mayor /~ - G Date ATTEST: Title ' Date -11- MUTUAL AID BOX ALARM SYSTEM EXECUTIVE BOARD BY-LAWS Article I fllame: Mutual Aid Box Alarm System Executive Board Article II Purim: The Executive Board is the guiding body of MABAS and is established to consider, adopt, and amend from time to time as needed, policies and procedures, by-laws and any other matters deemed necessary by the Member Units. Article III Member: Each division shall be represented by one member who shall be designated by their respective Division. Article IV Officers and Elections: The MABAS Executive Board shall elect a President and Vice President who shall serve a two year term. Election shall be held at the first meeting of the year on even numbered years. Officers may serve consecutive terms. The President may appoint any committee necessary to conduct business for the Executive Board. Article V Duties of Officers: President: Schedule Meetings Make up Meeting Agenda Preside over Meetings Establish Committees Vice President: Handle Duties of President when he is absent. Article VI Executive Secretary: The President shall appoint an Executive Secretary who shall serve at the discretion of the Board. The Executive Secretary is not required to be a member of the Executive Board to be selected. Article VII Duties of the Executive Secretary: A. He shall be the Recording Secretary of the Board. B. Take minutes of all meetings. C. Keep a history of MABAS D. Have physical custody of all MABAS minutes, contracts, and documents. E. Attend all MABAS Executive Board meetings. F. Send minutes of all meetings to all Executive Board members. G. Provide notification and agenda to Executive Board members for all scheduled meetings. H. Any other task agreed upon mutually with the Executive Board. Article VIII Meeting Schedule and Agenda: The Executive Board shall meet at such times and dates as established by the Executive Board. In no case shall the Executive Board meet less than quarterly. Quorum: More than 50% of all Divisions of MABAS shall be present at a meeting to constitute a quorum. The agenda for Executive Board meetings are as follows: 1. Call to Order 2. Approval of Minutes of Prior Meeting 3. Communication and Correspondence 4. Committee Reports 5. Old Business 6. New Business 7. Division Reports 8. Adjourn Article IX Board Action' Actions of the Executive Board require a majority vote of approval by the Divisions present at a meeting. Article X Policies and Procedures: The Executive Board shall adopt policies and procedures that coordinate working relations between MABAS Divisions. These procedures shall include, but not limited to: 1. Communications 2. Box Cards 3. Incident Command System 4. Personnel Accountability Article XI Special Assessments: Special assessments as needed are made by a vote of the members of the Executive Board. -2- Article XII Indemnification: The Executive Board has the power to indemnify itself through insurance or bonds as it deems necessary for the good of the organization. Article XIII Eligibi Eligibility for Division membership in MABAS shall be approved by the Executive Board. Eligibility for Member Unit membership shalt be approved by a Division. Article XIV Mediation: Mediation of disputes regarding MABAS policies and procedures may be requested from the Executive Board. Step 1: MABAS Division attempts to resolve issues with the grieved fire agency. Step 2: At impasse: Division petitions the Executive Board in writing, of issues of non-compliance involving the grieved agency. Step 3: Within 60 days of notification, the Executive Board mediation panel will meet with the involved parties to discuss the issues. Step 4: Within 60 days following mediation, the Executive Board shall give written notice to the involved parties, specifying the areas of non- compliance and the recommended resolutions for each area. Step 5: The grieved fire agency will be given a reasonable period of time to implement the Board recommendations for each area of non- compliance. This time period shall generally be no more than 90 days. However, the Executive Board may agree to a longer period of time to implement the recommendations due to unusual circumstances. Step 6: In the event of continued non-compliance by the grieved agency, a Division may request that the Executive Board send its recommendations to the elected officials of the grieved fire agency for further action. Step 7: Further non-compliance by the grieved agency will be referred back to the Division for final determination. -3- Article XV Amendments: A quorum of the Executive Board is necessary for any amendment of the by-laws. The by-laws of any section or provision thereof, may be amended, rescinded or expanded by approval of two-thirds (2/3) vote of the members of the Divisions of MABAS. Any change to the by-laws must be distributed to the Divisions 30 days prior to the vote. A written proxy constitutes being present at a meeting. Article XVI B°°ktet: An information booklet shall be compiled by the Executive Board, containing all pertinent information needed in the operation of a MABAS Division. This booklet shall be updated by the Executive Board as often that is deemed necessary. MABAS-BY-LAWS-01-22-98 -4-