HomeMy WebLinkAboutORDINANCES-2015-023-O-15•
1 /28/2015
23-0-15
AN ORDINANCE
Authorizing 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 22011 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 Council of the City of Evanston have
determined that it is in the best interests of this unit of local government and its
residents to enter into an Addendum to the Mutual Aid Box Alarm System Agreement to
Is
secure to each the benefits of mutual aid in fire protection, firefighting, rescue,
23-0-15
• 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: That the Mayor and the Clerk be and are hereby authorized
and directed to execute an Addendum to the Mutual Aid Box Alarm System Agreement,
a copy of said Addendum being attached hereto as Exhibit A and being made a part
hereof.
SECTION 2: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
• provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
•
SECTION 3: All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 4: If any provision of this Ordinance 23-0-15 or application
thereof to any person or circumstance is held unconstitutional or otherwise invalid, such
invalidity shall not affect other provisions or applications of this Ordinance 23-0-15 that
can be given effect without the invalid application or provision, and each invalid
application of this Ordinance 23-0-15 is severable.
SECTION 5: This Ordinance 23-0-15 shall be in full force and effect
from and after its passage, approval, and publication in the manner provided by law.
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23-0-15
Introduced:''` C 2015 Approved:
Adopted: Veviu •, 2015 jjjt ,(\ 2015
Eli'a eth B. Tisdahl, Mayor
Attest: Approved as to form:
ney Gree e, City Clerk W. Grant Farrar, Corporation Counsel
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23-0-15
STATE OF ILLINOIS )
SS
COUNTY OF COOK )
CLERK'S CERTIFICATE
I, ,.the duly qualified and acting Clerk of
the City of Evanston, Cook County, Illinois, do hereby certify that attached hereto is a
true and correct copy of an Ordinance entitled:
23-0-15
AN ORDINANCE
Authorizing Addendum to Mutual Aid Box Alarm System Agreement
Swhich Ordinance was duly adopted by said Council at a meeting held on the
day of 120
C]
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 day of
, 20
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Clerk
• EXHIBIT A
•
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Addendum to the Mutual Aid Box Alarm System Agreement
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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 engagirxt 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 reauirements of reimbursement make it
unfeasible to charge for day to-dav mutual aid. Nothing herein shall
operate to bar any recovery of funds from any state or federal agency
under any existing statute.
Anv Aidina Unit is empowered to and may charge a Stricken Unit
for reimbursement for costs of eauioment, personnel. and/or services
provided under this Agreement for terms of more than eight (81
consecutive hours under the following terms and conditions:
1. The amount of charges assessed by an Aidina Unit to a Stricken
Unit may not exceed the amount necessary to make the Aidina
Unit whole and should oniv include costs that are non -routine in
nature.
2. The Aidina Unit must assess no more the "usual and customary"
charaes for personnel costs pursuant to a collective baraainina
agreement, benefit ordinance or compensation policy.
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3. The fee structure for apparatus and eouipment shall be based on
FEMA or OSFM rate schedules. If a oarticular Niece of apparatus
or eauioment is not listed within the FEMA / OSFM rate
schedules. a market rate for reimbursement shall be established.
4. In no event shall the amount assessed by an Aidina Unit to a
Stricken Unit exceed the amount of fees oermitted to be assessed
under Illinois law.
5. Aiding Units must invoice the Stricken Unit within thirtv (30) days
after the completion of the emeraencv: Once thirtv (301 days sass.
the aid shall be considered to be a donation of service.
6. Mutual Aid and assessing costs for mutual aid cannot in anv wav
be conditioned uoon anv declaration of a federal disaster.
Member Units are encouraoed to consider the adoption of internal
policies establishing procedures for cost reimbursement on MABAS mobilizations'
oursuant to established MABAS orocedures 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.
Political Entity / Agency President / Mayor
ATTEST:
Date Clerk / Secretary
MABAS DIVISION[:
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L TmE: Mutual Aid Agreements for Public Assistance and
Fire Management Assistance
II. DATE OF ISSUANCE: November 10, 2012
III. PURPOSE. This policy specifies criteria by which the Federal Emergency Management
Agency (FEMA) will recognize the eligibility of costs under the Public Assistance Program
and the
��Fire
``Management Assistance Grant (FMAG) Program incurred through mutual aid
l V. SCOPE AND EXTERNAL AUDIENCE: This policy applies to all emergencies and
major disasters declared on or after October 27, 2012. It will continue in effect until three
years after its date of issuance. If rescinded or superseded, this policy will continue to
apply to all emergencies and major disasters declared between the date in Paragraph II
and the date it is rescinded or superseded. The policy is intended for all personnel
involved in the administration of the Public Assistance Program.
V. AUTHORITY: This policy applies to emergency and permanent work authorized under
Sections 403, 406, 407, 420, and 502, of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act), 42 U.S.C. 5121-5206, and the implementing regulations of
Title 44 Code of Federal Regulations (44 CFR) §204 and 9206.
VI. OBJECTIVES:
A. The objective of this policy is to reimburse eligible applicants for work performed by
other entities through mutual aid agreements. Elig*ie expenses must be directly
related to a Presidentially -declared major disaster, emergency or fire; incurred in the
performance of eligible work, and reasonable. Reimbursement will be at the Federal
cost share rate established in the Presidential declaration, which is generally 75
percent.
B. There are three types of mutual aid work eligible for FEMA assistance (subject to the
eligibility requirements of the respective PA and FMAG programs):
1. Emergency Work- Mutual aid work provided in the performance of emergency
work necessary to meet immediate threats to life, public safety, and improved
property, including firefighting activities under the FMAG program;
Pale 1
2. Permanent Work - Work that is of a permanent nature but is necessary for the
emergency restoration of utilities (Category F). For example, work performed to
restore electrical and other power.
3. Grant Management Work - For PA only, work associated with the performance of
the Grantee's responsibilities as the grant administrator, as outlined in 44 CFR
§206=(b). Use of EMAC provided assistance to perform these tasks is eligible
mutual aid work.
C. This policy is applicable to all forms of mutual aid assistance, including agreements
ti between RaviesMtR -and Pmvidintr Entitiest statewide muhtal diid agreements and the
mutual aid services provided under the £MAC. (See Paragraph VM below for
definition of italicized terms).
D. FEMA encourages parties to have written mutual aid agreements in place prior to a
declared fire, emergency, or major disaster.
VU. DEFINITIONS:
1. BadcfdL Replacement personnel who perform the regular duties of other personnel
while they are performing eligible work under the PA or FMAG programs.
2. Declared Emergency or Major Disaster. An emergency or major disaster as defined at 44
CFR §2%.2 (a)(9) and (17) respectively.
3. Declared Fire. An uncontrolled fire or fire complex, threatening such destruction as
would constitute a major disaster for which the Regional Administrator has approved a
declaration in accordance with the criteria listed in 44 CFR § 204.21.
4. Emergency Management Assistanne Compact (EMAO This type of interstate mutual aid
agreement allows states to assist one another in responding to all kinds of natural and
man-made disasters. It is administered by the National Emergency Management
Association. (NEMA).
5. Incident Commander. The ranking official responsible for overseeing the management
Of emergency or fire operations, planning, logistics, and finances of the field response.
6. providing Entity. The entity providing mutual aid assistance to a Requesting Entity
pursuant to a local or statewide mutual aid agreement
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FEMA RP9523.6
RECOVERY POLICY
7. Requesting Entity. An entity (PA eligible applicant) that requests mutual aid assistance
from a Providing Entity for work resulting from a declared fine, emergency or major
disaster within its legal jurisdiction. The requesting entity is eligible to receive FEMA
assistance for the eligible mutual aid activities from the providing entities.
S. Intra-state Mutual Aid Mutual Aid that supports local and regional mutual aid efforts
within a State as well as regional mutual aid agreements and compacts involving local
jurisdictions that cross State boundaries, or are adjacent to neighboring State (ie.,
missoun, etc).
9. Intewstate Mutual At Mutual Aid that supports national mutual aid efforts requested
directly between two or more States or territories through established Multi -agency
Coordination Systems as directed by approved mutual aid agreements or compacts
(Le., EMAC), etc.
VM. POLICY:
A. General.
1. To be eligible for reimbursement by FEMA,, the mutual aid assistance should be
requested by a Requesting Entity or Incident Convtnander, be directly related to a
Presidentially -declared emergency or major disaster, or a declared fire; used in the
performance of eligible work; and the costs must be reasonable.
2. FEMA will not reimburse costs incurred by entities that "self -deploy" (deploy
without a request for mutual aid assistance by a Requesting Entity) except to the
extent those resources are subsequently used in the performance of eligible work at
the request of the Requesting Entity or incident Commander.
3. The reimbursement provisions of a mutual aid agreement must not be contingent
on a declaration of an emergency, major disaster, or fire by the Federal
government.
4. This policy is applicable to all forms of mutual aid assistance, including agreements
between Requesting and Providing Entities, statewide mutual aid agreements, and
the mutual aid services provided under the EMAC.
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RP9523.6
RECOVER' POLICY
5. Reimbursement will be at the Federal cost share rate established in the Presidential
declaration, which is generally 75 percent.
B. Pre -Event Written Mutual Aid Agreements.
"MA recognizes mutual aid agreements between Requesting and Providing Entities,
and statewide mutual aid agreements wherein the State is responsible for
administering the claims for reimbursement of Providing Entities. In addition, FEMA
recognizes the standard EMAC agreement as a valid form of mutual aid agreement
between rnaWmrjtofts=
FEMA encourages parties to have written mutual aid agreements in place prior to a
declared fim emergency, or major disaster.
a. When a pre -event written agreement exists between a Requesting Entity and a
Providing Entity, the Providing Entity may be reimbursed through the
Requesting Entity. In these circumstances, the Requesting Entity should claim
Ithe eligible costs of the Providing Entity, pursuant to the terms and conditions
of the mutual aid agreernertt and the requirements of this policy, on its
subgrant application, and agree to disburse the Federal share of funds to the
Providing Entity.
b. When a statewide pre -event mutual aid agreement exit that designates the
State responsible for administering the reimbursement of mutual aid costs, a
Providing Entity may apply, with the prior consent of the Requesting Entity,
for reimbursement directly to the Grantee, in accordance with applicable State -
law and procedure. In such cases the Providing Entity should obtain from the
Requesting Entity the certification required in section E.3. of this policy and
provide it to the State as part of its reimbursement request.
FEMA encourages parties to address the subject of reimbursement in their written
mutual aid agreements. FEMA will honor the reimbursement provisions in a pre -
event agreement to the extent they meet the requirements of this policy.
a. When a pre -event agreement provides for reimbursement, but also provides for
an initial period of unpaid assistance, FEMA will pay the eligible costs of
assistance after such initial unpaid period.
b. When a pre -event agreement specifies that no reimbursement will be provided
for mutual aid assistance, FEMA will not pay for the costs of assistance.
C. Post -Event Mutual Aid Agreements.
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RP9S23.6
RECOVERY POLICY
1. When the parties do not have a pre -event written mutual aid agreennent, or where
a written pre -event agreement is silent on reimbursement, the Requesting and
Providing Entities may verbally agree on the type and extent of mutual aid
resources to be provided in the current event, and on the terms, conditions, and
costs of such assistance.
2. Post -event verbal agreements must subsequently be documented in writing and
executed by an official of each entity with authority to request and provide
assistance, and provided to PRIMA as a condition of receiving reimbursement. The
a�tt..a:,it�[oUld•�7C:•.u��o4a�...i. rvstit�st�7l,,�..ii�+::a.fu..ua�uai-t!�{i i,�ttiv�i. cite
parties. A written post -event agreement should be submitted within 30 days of the
Requesting Entity's Appiicanes Briefing to the Regional Administrator for review
and approval.
D, Force Account Labor Costs.
1. The straight or regular time wages or salaries of a Requesting Entity's
permanently employed personnel performing or supervising emergency work are
not eligible costs, other titan any relevant exceptions in accordance with 44 CFR
§206.228(ax2)(ii) Allowable costs, Force Account Labor Casts and §M.43(c), even
when such personnel are reassigned or relocated from their usual work location to
provide assistance during an emergency. Overtime costs for such personnel are
eligible and may be submitted as part of a subgtant application.
2. The costs for contract labor or temporary hires performing eligible work are eligible
for reimbursement. However, straight- or regular time salaries and benefits of
force account labor overseeing contractors performing emergency work are not
eligible in calculating the cost of eligible emergency work other than any relevant
exceptions in accordance with 44 CFR §206.228(a)(2)(ii) Allowable costs, Force
Ac mmt Labor C.osis. The force account labor of a Providing Entity will be treated as
contract labor, with regular- time and overtime wages and benefits eligible for
reimbursement, provided labor rates are reasonable. When the Requesting Entity
is the State or local government, the force account labor costs of the Providing
Entity will not be treated as contract labor if the force account labor is employed by
a governmental subdivision (such as an agency) within that Requesting Entity.
3. In circumstances where a Providing Entity is also an eligible applicant in its own
right the determination of eligible and ineligible costs will depend on the capacity
in which the entity is incurring costs. As stated in paragraphs D.1. and D.Z., an
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FEMA RP9523.6
RECOVERY POLICY
applicants straight time wages are not eligible coats when the applicant is using its
permanently employed personnel for emergency work in its own jurisdiction, other
than any relevant exceptions in accordance with 44 CFR §20&228(a)(2)(ii)
Allowable costs, Force Account Labor Costs.
4. Requesting and Providing Entities may not mutually deploy their labor fords to
assist each other so as to circumvent the limitations of paragraph DA or D.2. of this
policy.
----_---- - 5. the -straight er-regular-time�.ages-or-sal red -by
Providing Entities are not eligible for reimbursement. However, the overtime
portion of the replacement personners salary is considered an additional cost of
deploying personnel who perform eligible work and is eligible for reimbursement
under this policy.
E. Types of Mutual Aid Work.
There are three types of mutual aid work that may be eligible for FEMA assistance:
Emergency Work, Permanent Work, and Grant Management Work. All are subject to
the eligibility requirements of the respective PA and FMAG programs:
1. Emergency Work Mutual aid work provided in the performance of emergency
work necessary to meet immediate threats to life, public safety, and improved
property, including firefighting activities under the FMAG program, is eligible.
a. Examples of eligible emergency work include:
i, Search and rescue, sandbagging, emergency medical care, debris removal;
ii. Reasonable supervision and administration in the receiving jurisdiction that
is directly related to eligible emergency work;
iiL The cost of transporting equipment and personnel by the Providing Entity
to the incident site, subject to the requirements of paragraphs A-1, 2., and 3.
of this policy;
iv. Costs incurred in the operation of the incident Command System (ICS),
such as operations, planning, logistics and administration, provided such
costs are directly related to the performance of eligible work on the disaster
or fire to which such resources are assigned;
v. State Emergency Operations Center or joint Field Office assistance in the
receiving State to support emergency assistance;
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RP9523.d
RECOVERY POLICY
vi. Assistance at the National Response Coordination Center (NRCC), and
Regional Response Coordination Center (RRCC), if requested by FEMA
(labor, per diem and transportation);
viL Dispatch operations in the receiving State;
viii. Donations warehousing and management (eligible only upon approval of
the Assistant Administrator of the Recovery Dii+ectorate);
ix. Firefighting activities; and,
x. Dissemination of public information authorized under Section 403 of the
Act.
b. Examples of mutual aid work that are not eligible, include:
i. Training, exercises, on-the-job training;
ii. Long-term mcovery and mitigation consultation;
iii. Costs outside the receiving State that are associated with the operations of
the EMAC system (except for FEMA facilities noted in paragraph E.ta.v.
and vi. above);
iv. Costs for staff performing work that is not eligible under the PA or the
FMAG programs;
v. Costs of preparing to deploy or "standing -by' [except to the extent allowed
in the FMAG program pursuant to 44 CFR §204.42(e)];
vL Dispatch operations outside the receiving State;
vii. Tracking of $MAC and US. Forest Service I-Suite/Incident Cost Accounting
and Reporting System (iCARS) resources; and
viii. Situation reporting not associated with ICS operations under VULE.1.a iv.
2. Permanent Work Work that is of a permanent nature but is necessary for the
emergency restoration -of utilities (Category F). For example, work performed to
restore electrical and other power.
3. Grant Management Work. For PA only, work associated with the performance of
the Grantee's responsibilities as the grant administrator, as outlined in 44 CFR
§206202(b). Use of EMAC-provided assistance to perform these tasks is eligible
mutual aid work_
F. Eligible Applicants.
1. Only Requesting Entities are eligible applicants for FEMA assistance. With the
exception of F2— below, a Providing Entity must submit its claim for
reimbursement to a Requesting Entity.
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RP9523.6
RECOVERY POLICY
2 States may be eligible applicants when statewide mutual aid agreements or
compacts authorize the State to administer the costs of mutual aid assistance on
behalf of local jurisdictions.
G. Reimbursement of Mutual Aid Costs.
1. The State or Requesting Entities, as appropriate, must provide an executive
summary of the services requested and received and the associated costs (ie., labor,
ding Entitim must troop
detailed records of the services requested and received, and maintain those records
for at least three years after project closeout. FEMA may review a sample of project
costs, and reserves the right to review all documentation if it deems necessary. All
documentation must be provided to FEMA upon request Undocumented costs
may be subject to deobligation.
2. A request for reimbursement of mutual aid costs must include a copy of the mutual
aid agreement — whether pre- or poet -event -= between the Requesting and
Providing Entities.
3. A request for reimbursement of mutual aid costs should include a written and
signed certification by the Requesting Entity certifying.
a. The types and extent of mutual aid assistance requested and received in the
performance of eligible work:
b. The labor and equipment rates used to determine the mutual aid cost
reimbursement request; and
c. That all work performed was eligible under the Stafford Act and applicable
FEMA regulations and policies.
4. FEMA will not reimburse the value of volunteer labor or the value of paid labor
that is provided at no cost to the applicant. However:
a. To the extent the Providing Entity is staffed with volunteer labor, the value of
the volunteer labor may be credited to the non -Federal cost share of the
Requesting Entity's emergency work in accordance with the provisions of
Recovery Policy 9M5.2, Donated Resources.
b. If a mutual aid agreement provides for an initial period of unpaid assistance or
provides for assistance at no cost to the Requesting Entity, the value of the
assistance provided at no cost to the Requesting Entity maybe credited to the
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FEMA R-P9523.6
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RECOVERY POLICY
non -Federal coat share of the Requesting Entity's emergency work under the
provisions of Recovery Policy 9525.2, Donated Resowres.
S. For PA only, reimbursement for equipment provided to a Requesting Entity will be
based on FEMA. equipment rates, approved State rates or, in the absence of such
standard rates, on rates deemed reasonable by FEMA. Equipment used can be
rein bursed as outlined in the terms of the agreement or for hours utilized/in
performance of eligible work-
- ----- ---- F Pa only. reimbursement ds�ul8ge to ment usedin-emerffix '
operations will be based on Recovery Policy 9525.8, Damage to Applicant Owned
Equipment.
7. For PA only, reimbursement for equipment pmrhased by a subgrantee to support
emergency operations will be based on Recovery Policy 9525-IZ, Disposition of
Equipment, Supplies, and Salvaged Materials,
S. For FMAG only, reimbursement for equipment provided to a Requesting Entity
will be based on 44 CPR § 204.42 (b)(3) and (4).
9. For FMAG only, reimbursement or replacement of equipment damaged or
destroyed in the course of eligible firefighting activities will be based on
44 CPR § 204.42 (b)(5), and (6).
IX RESPONSIBLE OFFICE: Recovery Directorate (Public Assistance Division).
X. SUPERSESSION: For all disasters declared on or after October Z7, 201Z, this policy
supersedes DAP9523.6, Mutual Aid Agreements for Public Assistance and Fire
Management Assistance, dated August 13, 2007, and all previous guidance on this subject:
XL REVIEW DATE: This policy expires three years from the date of issuance.
Zmoped//
Deborah Ingram
Assistant Administrator
Recovery Directorate
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