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2001-176RESOLUTION NO. 2001 - 176 A Resolution Approving andAdopting The Mutual Aid Box Alarm System (MABAS) Interstate Agency Contract WHEREAS, Section 66.0301, Wis. Stats., authorizes municipalities to contract with other municipalities for the receipt or furnishing of services, such as fire protection and emergency medical services; and WHEREAS, Section 66.0303 (2), Wis. Stats., authorizes municipalities to contract with municipalities of another state for the receipt or furnishing of services, such as fire protection and emergency medical services; and WHEREAS, the proposed agreement, a tree and correct photocopy of which is attached hereto and incorporated herein verbatim by reference, has been drafted to provide a Mutual Aid Box Alarm Systems (MABAS) for municipalities providing fire protection and emergency medical services in the State of Wisconsin and the State of Illinois including, but not limited to, the counties of Rock in Wisconsin and Winnebago in Illinois; and WHEREAS, Section 66.0303 (3), Wis. Stats, requires that an agreement between Wisconsin municipalities and municipalities of another state be submitted to the Attorney General of the State of Wisconsin for approval prior to and as a condition precedent to taking effect; and WHEREAS, Section 66.0303(3), Wis. Stats., requires the attorney general to transmit a copy of the agreement to the Governor for comments that the Governor may have concerning the agreement; and WHEREAS, the Common Council hereby finds that it is in the best interest of the City of Janesville to enter into the proposed Mutual Aid Box Alarm Systems ("MABAS") Agreement to provide for the coordination of fire protection and emergency medical services in the event of a large-scale emergency, natural disaster, or man-made catastrophe. NOW, THEREFORE, BE IT RESOLVED, that the Mutual Aid Box Alarm Systems (MABAS) Agreement, a copy of which is attached hereto and incorporated herein by reference, is hereby approved and adopted and that the City Manager and the City Clerk be and hereby are authorized to execute the same on behalf of the City of Janesville. BE IT FURTHER RESOLVED that the City Manager and his designee(s), on behalf of the City of Janesville, is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file and/or make minor modifications and/or amendments to any and all documents, papers, forms and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this Resolution and/or project, and/or to meet any conditions ncessary for approval by the attorney general and/or governor, and to enter in such future amendments thereof and/or with additional participants counties and municipalities within and outside Wisconsin. ADOPTED: July 9~ 2001 APPROVED: Steven E. Sheiffer, City Manager Je,~nn Wulf, ~ityr~rk-Tre~urer APPROVED AS TO FOra: ~ Proposed by: Fire Chief Prepped by: Ci~ Auorney MOTION BY: Murphy SECOND BY: DeGarmo COUNCILMEMBER AYE NAY PASS ABSENT DAMRON X WILLIAMS X O'LEARY X DEGARMO X BRIEN X MURPHY X STEEBER X 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 (hereatter "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 and for the mutual reciprocal benefits provided for herein; and WHEREAS, the parties hereto have det~ufined because of geographical considerations it is important for Illinois units and Wisconsin units to coordinate mutual aid through the Mutual Aid Box Alarm System for the effective and efficient provision of Mutual aid; and WHEREAS, it is recognized and acknowledged that emergencies, natural disasters, and man-made catastrophes do not conform to designated territorial limits and state boundaries; and WHEREAS, section 66.0301, Wis. Stats., authorizes any Wisconsin municipality to contract with other Wisconsin municipalities for the receipt or furnishing of services, such as fire protection and emergency medical services; and WHEREAS, section 66.0303, Wis. Stats., authorizes Wisconsin municipalities to contract with municipalities of another state for the receipt or furnishing of services, such as fire protection and emergency medical services; and WHEREAS, the State of Illinois has provided similar provisions for its municipalities and fire districts and departments under the "Intergovernmental Cooperation Act' of 5 ILCS 220/1, et. seq.; and WHEREAS, the parties hereto have determined that it is in their best interests to enter into this Agreement to secure to each the reciprocal benefits of mutual aid in fire protection, firefighting and the protection of life and property fi'om an emergency or disaster; and, WHEREAS, the parties hereto have determined that it is in their best interests and for the public welfare and good to form an intergovernmental association to provide for cooperative and beneficial communications procedures, training, aid, support, sharing and other necessary functions to further the provision of said protection of life and property ~om an emergency or disaster. NOW, THEREFORE, in consideration of the foregoing recitals, each of which is incorporated herein as if fully set forth verbatim, each Unit's membership in the Mutual Aid Box Alarm System (hereinafter "MABASn) and the covenants contained herein, has been appropriately authorized by the governing body to enter into such agreemem, and to comply with the rules and regulations of MABAS; C. "Stricken Unit": A Member Unit which requests aid in the evem of an emergency: D. "Aiding Unit": A Member Unit furnishing equyment, 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. "Training": The regular scheduled practice of emergency procedures during nonemergency drills to implemem 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 fi.om 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 oftbe ten'itorial limits of the Aiding Unit. The judgment of the Fire Chief~ 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' 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 l~om third parties shall be equitably distributed among responding parties. Nothing herein shall operate to bar any recovery of funds fxom 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, pemonal injury, property damage, workers 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. 5 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 Agreemem shall be in effect for a term of one year fi:om 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 oftcmfination, 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. SECTION ELEVEN Binding Effect This Agreemem shall be binding upon and inure to the benefit of any successor emity 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. -7- SECTION SIXTEEN Executive Board of MABAS An Executive Board is hereby established to consider, adopt and amend from time to time as needed roles, procedures, by-laws and any other matters deemed necessary by the Member Units. The Executive Board shall consist ora 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 Dmies 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. 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. -9-