Loading...
HomeMy WebLinkAboutORDINANCES-1989-097-O-8997-0-89 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN THE MABAS AGREEMENT Whereas, the Mutual Aid Box Alarm System (MABAS) provides a specific and preplanned response to major emergencies and disasters in member communities; and Whereas, the existing MABAS Agreement has been revised to reflect changes to the fire service occurring over the nineteen -year period the Agreement has been in effect; 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, Chapter 127 of the Illinois Revised Statutes, 1985, Section 741 et seq., titled the "Intergovernmental Cooperation Act," provides that any powers, privileges or authority which may be exercised by a unit of local government �Y • may be exercised and enjoyed jointly with any other unit of local government; and Whereas, said Chapter 127 of Illinois Revised Statutes, Section 745, provides that public agencies may contract with each other 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 Where►as,, the MABAS member communities, of which -Evanston is one, 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 and firefighting, and protection of life and property from an emergency or disaster; . and Whereas, the purpose of said Agreement is to establish procedures to be followed in an emergency situation that 1 n threatens or causes loss of life or property and which exceeds the physical and organizational capabilities of a single unit of local government; and Whereas, the City Council of the City of Evanston has determined that membership in the MABAS is in the best interest • of the citizens of the City of Evanston, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest on behalf of the City of Evanston, an Agreement with the MABAS on terms in substantial conformance with Exhibit A attached hereto. SECTION 2: The City Manager is hereby authorized to negotiate any additional conditions of the Agreement as may be determined to be in the best inte- rests of the City. • SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force are effect from and after its passage, approval, and publication in the manner provided by law. Introduced: �(Cf(�. �. 1989. Adopted: /� l�l'y' I , 1989. 2 • 0 MUTUAL AID BOX ALARM,SYSTEM EXECUTIVE BOARD BY-LAWS Article I Name: Mutual Aid Box Alarm System Executive Board Article II. Purpose: To coordinate working relations between all M.A.B.A.S. Divisions and encourage and help new areas to form divisions. Article III Membership: Each division shall be represented by one member who shall be designated by their respective division. Article IV Officers and Elections: The M.A.B.A.S. 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. M.A.B.A.S. Executive Board By -Laws Paqe 2 s 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 M.A.B.A.S. 0. Have physical custody of all MABAS minutes, contracts, and documents. E. Attend all M.A.8.A.S. 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 Aqenda: The Executive Board shall meet at such times and dates as established by the Executive Board. In no case shall the Executive Board meet not less than quarterly. 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 Dues and Eliqibility Criteria: Actions of the Executive Board require a vote of approval of more than 50% of the Divisions of MABAS. There shall be no annual dues. Assessments as needed are made by a vote of the members of the Executive Board. The Executive Board issues approval of eligibility or termination upon recommendation from a Division. The Executive Board has the power to indemnify itself through insurance or bonds as it deems necessary for the good of the organization. M.A.B.A.S. Executive Board By -Laws Paqe 3 Article X Guidelines: Executive Board shall set up procedures to be recommended to all divisions including but not limited to: I. Use of standard box cards. 2. Use of abbreviations. 3. Use of radio and testing procedures. 4. List of definitions. 5. Training procedures. 6. Incident Command procedures. 7. Communication procedures. Article XI Booklet: An information booklet shall be compiled by the Executive Board, containing all pertinent information needed in the operation of a M.A.B.A.S. division. This booklet shall be updated by the Executive Board as often that is deemed necessary. Article XII 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. A written proxy constitutes being present at a meeting. MABAS MEMBERS DIVISION ONE Addison Fire Department • Arlington Heights Fire Department Bloomingdale Fire Department Buffalo Grove Fire Department Des Plaines Fire Department Elk -Grove Township Fire Department Elk. Grove Village Fire Department Hoffman Estates Fire Department Itasca Fire Department Mount Prospect Fire Department Palatine Fire Department Prospect Heights Fire Department Rolling Meadows Fire Department Roselle Fire Department Schaumburg Fire Department Wheeling Fire Department Wood Dale Fire Department DIVISION TWO Aloonquin/Lake in the Hills Fire Department Bartlett and Countryside Fire Department Carpentersville and Countryside Fire Department East Dundee and Countryside Fire Department Elgin Fire Department Hanover Park Fire Department Pingree Grove/Countryside Fire Department • Rutlands/Dundee Township Fire Department South Elgin/Countryside Fire Department Streamwood Fire Department West Dundee Fire Department DIVISION THREE Deerfield Bannockburn Fire Department Evanston Fire Department Glenbrook Fire Department Glencoe Fire Department Glenview Fire Department Glenview Navel Air Station Fire Department Highland Park Fire Department Hiahwood Fire Department Morton Grove Fire Department Niles Fire Department Northbrook Fire Department Northfi_ld Fire Department North Maine Fire Dzpartmerit Park Ridge Fire Department Skokie Fire Department Wilmett= Fire Department Hirinetka rive Departme-r}t DIVISION FOUR Abbott Fire Department tioch Fire Department rrington Fire Department Bonnie Brook Fire Department Countryside Fire Department Ft, Sheridan Fire Department Fox Lake Fire Department Grayslake Fire Department Great Lakes Fire Department Gurnee Fire Department Knollwood Fire Department Lake Bluff Fire Department Lake Forest Fire Department Lake Villa Fire Department Lake Zurich Fire Department Libertyville Fire Department Long Grove Fire Department Mundelein Fires Department Newport Tot -reship Fire Department North Chicago Fire Department Round Lake Fire Department Vernon Fire Department Wauconda Fire Department Waukegan Fire Department Winthrop Harbor Fire Department Zion. Fire Department DIVISION FIVE Wrry Fire Department ystal Lake Fire Department Fox River Grove Fire Deoar.tment Harvard Fire Department Hebron Fire Department Huntly Fire Department Marengo Fire Department McHenry Fire DEpartment Nfunda Rural Fire Department Richmond Fire Department Spring Grove Fire Department Union Fire Department Wonder Lake Fire Department Woodstock Fire Department Woodstock Pural Fire Department DIVISION SIX Bensenville Fire Department Elmwood ParP Fire Department Fran!:liri Parl< Fire^:,Department Leyden Fire DEpartment Morthlaa:e Fire Department I'lorwood ?-ark Fire Department River Grave Fig-e Department Rosemo-It Fire Department ecchil'Ler, Park:. F ire Department tene Part: rir-e Department DIVISION SEVEN Bellwood Fire Department Berkley Fire Department Bzoadview Fire Department Hillside Fire Department Maywood Fire Department Melrose Park Fire Department North Riverside Fire Department Westchester Fire Department DIVISION EIGHT Belvidere Fire Department Blackhawk Fire Department Boone Countv Fire Department Byron Fire Department Cherry Valley Fire Department Durand Fire Department Harlem -Roscoe Firm Department Loves Park Fire Department New Milford Fire Department North Park E ire De;-artment Northwest Fire Department Pecatonica Fire Department Rockford Fire Department Rocton Fire Department Seward Fire Department South Beloit Fire Department Stillman Valley Fire Department Shirland Fire Department West Suburban Fire Department Winnebago Fir_ Department DIVISION NINE • Chicago Fire Deoartment DIVISION TEN Argonne Fire r%eoartment Belmont Fire Department 3olingbrook Fire Department Brookfield Fire Department Clarendon Hc-zights Fire Department Clarendon Hills Fire Department Darien:Wacdridne Fire Department Downers Grove Firs, Oe-partment Forest View Fire 0 partment Hinsdale Fire Department LaGr-3n5e Fire Department LaGrange Park Fire Department �amo►�t Fire Department L�,ons Fire Department !McCook Fire Department Pleasantview Fire Department Riverside Fire Department PUmeoville �7:re Department T.-i State +=ire Department !.I. -:?stern Springs F:re Deoartment Westmont Fire Department • DIVISION ELEVEN Berwyn Fire Department Cicero Fire Department arest Park Fire Department k Park Fire Department River Forest Fire Department Stickney Fire Department DIVISION 101 Bristol Township Fire Department Kenosha Fire Department Paris Fire Department Pleasant Prairie Fire department Randal Fire Department Salem Fire Department Silver Lake Fire Department Somers F i r- a Department Trevor Fire Department Tiven Lake f=ire Department Wilmeont Fire Department Wheatland Fire Department • 0 EXHIBIT A MUTUAL AID 80X 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, OEREAS, the Illinois Revised Statutes, 1987, Chapter 127, Section 741 et seq., entitled the "Intergovernmental Cooperation Act", 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, the Illinois Revised Statutes, 1987, Chapter 127, Section 745, 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, • - 1 - WHEREAS, the parties hereto have determined that is 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 determined 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 (hereinafter "MABAS") 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 limits 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 aidthrough the Mutual Aid Box Alarm System is desirable for the effective and efficient provision of mutual aid. • - 2 - E SECTION TWO Definitions For the purpose of this Agreement, the following terms as used in this agreement shall be defined as follows: 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; • - 3 - 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. • 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 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 judgement of the Fire Chief, or his designee, of the Aiding Unit shall be final as to the personnel and equipment available to render aid. • - 4 - B. Whenever an emergency occurs and conditions are such that the Fire Chief, or Shis 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. Notify the Stricken Unit if any or all of the requested equipment, personnel and/or services cannot be provided. SECTION FOUR Jurisdiction Over Personnel and Equipment 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 th.e Fire Chief -or Senior Officer of the party requesting aid of the • withdrawal of such aid and the extent of such withdrawal. -5- SECTION FIVE • Compensation for Aid 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 Insurance Each party hereto shall procure and maintain, at its sole and exclusive expense, insurance coverage, including: comprehensive liability, personal injury, property damage, workman's 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 a self-insurance pool, a self-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. - 6 - 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, workman'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. 0 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. - 7 - 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. SECTION TEN Effectiveness 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. u MMM SECTION ELEVEN • Bindinq 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. 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 Validity 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 Notices All notices hereunder shall be in writing and shall be served personally, by registered mail or certified mail to the parties at such addresses as may be designated from time to time on the MABAS mailing lists or, to other such address as shall be agreed upon. SECTION FOURTEEN Governinq Law This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of Illinois. • SECTION FIFTEEN Execution in Counterparts 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 Executive Board of MABAS 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. SECTION SEVENTEEN Duties of the Executive Board 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.. • - 10 - SECTION EIGHTEEN • Rules and Procedures 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 Amendments 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. ,7 • 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 Evanston Political Entity Pr$*T"dent or Mayor September 12, 1989 Date • WINE f Approved: • Mayor ATTEST: City Clerk Apploved as t� form'I C oration Counsel • 0 t