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HomeMy WebLinkAboutOrd 6178 01/20/2015 Addendum to MABAS Agreement ORDINANCE NO. 6178 AN ORDINANCE AUTHORIZING AN ADDENDUM TO MUTUAL AID BOX ALARM SYSTEM (MABAS)AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND MABAS ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule unit of government pursuant to the Illinois Constitution of 1970; 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 Village of Mount Prospect and MABAS Illinois municipal members are units of government within the meaning of the Constitution of the State of Illinois, 1970 Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village will be served by entering 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 RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Mayor to execute the Addendum to the Mutual Aid Box Alarm System Agreement, attached and made a part of this Ordinance as Exhibit"A." SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Korn, Matuszak, Polit, Rogers, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 20th day of January, ,i2015. Arlene A. JuracelU Mayor ATTEST: M. Lisa ngell Village Clerk x 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 entirely 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 Unite 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 the "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 reimbursement shall be established. 1 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 s law. 5. Aiding Units must invoice the Stricken Unit within thirt% 30)days after the completion of the emergencyonce thirty (30) days Dass the aid shall be considered to be a donation of service. 6. Mutual Aid and assessin costs for mutual aid cannot in any way be conditioned upon any declaration of a federal disaster Member Units are encouraged to consider the ado tion of internal policies establishing procedures for cost reimbursement on MABAS mobilizations pursuant to establisneJ 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. Politica(Entity/Agency Presiden a or nature ATTEST: Date `filer Secretary Signature MABAS DIVISION: 2