HomeMy WebLinkAboutOrdinance #3079STATE OF ILLINOIS )
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COUNTY OF FULTON )
CITY CLERK'S CERTIFICATE
I, Diana Pavley -Rock, the duly qualified and acting City Clerk of Canton, Illinois, Fulton
County, do hereby certify that attached hereto is a true and correct copy of an Ordinance entitled:
ORDINANCE NO. 3079
AN ORDINANCE AUTHORIZING AN ADDENDUM TO
MUTUAL AID BOX ALARM SYSTEM AGREEMENT
Which Ordinance was duly adopted by said Council at a meeting held on the 7th day of October,
2014.
I do further certify that a quorum of said Council was present at said meeting, and that the
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 7th day of October, 2014.
Cil
ORDINANCE NO. 3079
AN ORDINANCE AUTHORIZING AN ADDENDUM TO
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 parties hereto are units of local government as defined by the
Constitution of the State of Illinois, 1970, Article VII, Section 10, and the Intergovernmental
Cooperation Act; and,
WHEREAS, the Mayor and the City Council of Canton, Illinois, County of Fulton, have
determined that it is in the best interests of the City of Canton and its residents to enter into an
addendum to the 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 ORDAINED by the Mayor and City Council of the City
of Canton, County of Fulton, Illinois as follows:
SECTION ONE: That the Mayor and the City Clerk are hereby authorized and directed
to execute the Addendum to the Mutual Aid Box Alarm System Agreement, a copy of said
Addendum being attached hereto and being made a part hereof.
ADOPTED this 7th day of October, 2014, by a roll call vote as follows:
AYES: Aldermen Ellis, Justin Nelson, Lovell, Hale, West, Putrich, Pickel
NAYS: None
ABSENT: Alderman Jim Nelson
Jef rey A Fri , Mayor
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MUTUAL AID BOX ALARM SYSTEM
FIRST ADDENDUM TO MABAS MASTER AGREEMENT
This first addendum to the Mutual Aid Box Alarm System ( "MABAS ") Master
Agreement in the State of Illinois, last amended prior to 2000, is meant to incorporate in its
entirety the terms included within the Master Agreement except as specifically changed herein.
In the event there is a conflict between the terms and conditions of the Master Agreement and
this Addendum, this Addendum shall be controlling.
As the cost of lending mutual aid support has increased in recent times, communities
have determined it necessary to agree in advance on cost reimbursement issues prior to the
occurrence of an actual emergency. Mutual aid agreements such as the MABAS Master
Agreement have served as the foundation for navigating cost issues and engaging in these
agreements prior to the emergency avoid post- emergency concerns on cost reimbursement.
SECTION FIVE — Compensation for Aid is amended to read as follows:
Equipment, personnel, and/or services provided to this Agreement shall be at no charge
to the party requesting aid for the first eight (8) consecutive hours of aid provided to the Stricken
Unit; however, any expenses recoverable from third parties shall be equitably distributed among
responding parties. Day to day mutual aid should remain free of charge and the administrative
requirements of reimbursement make it unfeasible to charge for day -to -day mutual aid. Nothing
herein shall operate to bar any recovery of funds from any state or federal agency under any
existing statute.
Any Aiding Unit is empowered to and may charge a Stricken Unit for reimbursement for
costs of equipment, personnel, and/or services provided under this Agreement for terms of more
than eight (8) consecutive hours under the following terms and conditions:
1. The amount of charges assessed by an Aiding Unit to a Stricken Unit may not exceed the
amount necessary to make the Aiding Unit whole and should only include costs that are
non - routine in nature.
2. The Aiding Unit must assess no more than "usual and customary" charges for personnel
costs pursuant to a collective bargaining agreement, benefit ordinance or compensation
policy.
3. The fee structure for apparatus and equipment shall be based on FEMA or OSFM rate
schedules. If a particular piece of apparatus or equipment is not listed within the
FEMA/OSFM rate schedules, a market rate for reimburscment shall be established.
4. In no event shall the amount assessed by an Aiding Unit to a Stricken Unit exceed the
amount of fees permitted to be assessed under Illinois law.
5. Aiding Units must invoice the Stricken Unit within thirty (30) days after completion of
the emergency; once thirty (30) days pass, the aid shall be considered to be a donation of
service.
6. Mutual Aid and assessing costs for mutual aid cannot in any way be conditioned upon
any declaration of a federal disaster.
Member Units are encouraged to consider the adoption of internal policies establishing
procedures for cost reimbursed on MABAS mobilizations pursuant to established MABAS
procedures for collection and submission of funds.
The Signatory below certifies that this First Addendum to the MABAS Master Agreement
has been adopted and approved by ordinance, resolution, or other manner approved by law, a
copy of which document is attached hereto.
Agency
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