R-486 - 09/12/1989 - INTERGOVENMENTAL AGREEMNT - Resolutions R_ . FIRE bEpT "
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RESOLUTION NO.+R- 486 M wt wAe.A ie
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WHEREAS, in an effort to provide a common base for all Fire Departments
in DuPage County to work together for the benefit of the citizens each
department serves, the NutLal Aid Box Alarm System (M.A.B.A.S.) has drafted
and executed an Intergovernmental Fire and Emergency Medical Service (ENS)
Mutual Aid Agreement, a .Spy of which is attached hereto as Exhibit A; and
WHEREAS, in the spirit of intergovernmental cooperation, the System is
encouraging all municipalities in DuPage County to execute this mutual Aid
Agreement; and
WHEREAS, it is in the best interests of the Village of Oak Brook to enter
into this Agreement to secure the benefits of mutual aid in fire fighting,
fire prevention, hazardous material handling, provision of emergency medical
services or other related services dealing wit)? the protection of life or
property in an emergency;
NOW, THEREFORE, BE IT py.SOLVW BY THE p=TDZMT AND BOARD OF TRUSTEES OF
THE VIWh= OF W BROOK, DU PACE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are
hereby kod as though fully set forth herein.
Section 2: That the Inte rnmental Fire and Emergency Medical Service
(ENS) Mutual Aid Agreement with the mutual Aid Box Alarm System (N.A.B.A.S.)
is hereby approved. Said agreement shall conform substantially to the
agreement which is attached hereto as Exhibit A,
Section 3: That this Resolution shall be in full force and effect from
and after passage and approval as provided by law.
PASSED AND APPROVED this 12th day of September , 1989, by
the President and Board of Trusts" of the Village of Oak Brook, DuPage and
Cook Counties, Illinois, according to a roll call vote as follows:
Ayes: _ Trustees Bartecki Bushy, Maher, Payovich, Rush and Winters
Nays: None
Absent: -'None
Abstain: None
i 7M,0 Presi. +nt
ATTEST:
Village Clerk
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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 slbscribed
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 Illinoi%, 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 Illinois Revised Statutes, 1987, Chapter 127, Section 741 et seq.,
entitled the "Intergoverni,,ental 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 leer to
perform, provided that such contract shall oe authorized by the governing body
of each party to the contract ; anal,
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WHEREAS, parties the parties Veto have determined that is islo 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 privide for cotFunications 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 thereinafter "MABAS") and the covenants
contained herein, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION ONE
PurRose
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 ;s acknowledged that coordination of mutual aid through the
Mutual Aid Box Alarm System is desirable for the effective and efficient
provision, of mutual aia.
SECTION 7WO
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 Units, 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 rot 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;
p. "Aiding Unit": A Member Unit furnishing equipment, personnel , and/or
services to a Stricken Unit;
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E. "Emergency": An Ourrence or condition in a MemV 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 geographical'My 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 fraintained 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.
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R. Whenever an emergency occurs and conditions are SU11 that the Fire Chief, or
his 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 equipmeent and
personnel and/or services requested from the Aiding Unit.
C. The Fire Chief, or his designee, of the Aiding Unit shall take We 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 retrain
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 the Fire Chief or Senior Officer of the party requesting aid of the
withdrawal of such aid and the extent of such withdrawal .
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SECTION FIVE
Compensation for Ai d_
Equipment, personnel , and/or services provided pursuant to this Agreement shalt
be at no charge to the party requesting aid; however, any expenses recoverable
from third parties shall be equitably distributed among responding parties.
Nothing hsarein 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 cogensation, 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 anc orofessionat 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 shaii provide such
evidence as herein provided to the MABAS members.
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SECTION SEVEN
Indemnification
Each party hereto agrees to waive all claims against ail 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 Bray 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.
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 Urit 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 or
noncompliance with the terms of this section and no liability may be assigned.
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No liability of any kind or nature shall be attribute*O or be assured* whether
expressly or implied, by a party hereto, its duly authorized agents and
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personnel , for failure or refusal to render aid. Nor shall there be any
liability f i party for withdrawal of aid once provided pursuant to the terms
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of this Agreement. j
�. SECTION NINE
Term
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This Agreement shall be in effect for a terra of one year from the date of
signature hereof and shall automatically renew for successive one year terns
unless terminated in accordance with this Sec»ion.
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Any party hereto may terminate its participation in this Agreement at any time,
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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 I.
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 .
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SECTION TEN
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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.
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SECTION ELEVEN
Binding 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 he 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
Val idit
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 ►WIRTEEN
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 Trailing lists or, to other such
address as shall be agreed upon.
SECTION FOURTEEN
Governing Law
This Agreement shall be governed, interpreted and construed in accordance with
the laws of the State of Illinois .
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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 sage document.
SECTION S RE_EN
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 3oard meetings and such other relevant matters as the Executive Board
shall deem necessary.
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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 cf 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.
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This Signatory certifies that this Mutual Aid Sox 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.
OAK_ RROOK. tLLIT30IS
Political Entity
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Tr—e-F d en
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ATTEST:
Title
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VILLAGE OF OAK BROOK
MINUTES OF THE REGULAR MEETING
September 12, 1989
MEETING CALL:
The Regular Meeting of the Board of Trustees was called to order by President
Cerne in the Samuel E. Dean Board Room of the Village Commons at 7:30 P.M.
I. ROLL CALL:
PRESENT: President Wence F. Cerne
Trustees Garry J. Bartecki
Karen M. Bushy
Ronald P. Maher
Barbara A. Payovich
Joseph H. Rush
H. Richard Winters
ABSENT: None
PLEDGE TO THE FLAG
II. APPROVAL OF MINUTES:
Trustee Maher moved, seconded by Trustee Bartecki...
That the Minutes of the Regular Meeting of August 22, 1989 be approved as
presented and waive the full reading thereof.
VOICE VOTE: All present, in favor with Trustees Rush and Winters abstaining.
So ordered.
III. ORDINANCES AND RESOLUTIONS:
RESOLUTION NO. R-486 A RESOLUTION APPROVING THE INTERGOVERH14ENTAL FIRE
(�.sF AND EMERGENCY MEDICAL SERVICE (EMSj MUTUAL AID AGREEMENT:
Direction given at the Regular Meeting of May 14, 1985 authorizing the
execution of an Intergovernmental Fire and Emergency Medical Service
Mutual Aid agreement. Proposed Resolution updates the Mutual Aid
Agreement for the Fire Department by becoming a member of the regional
Mutual Aid Box Alarm System (M.A.B.A.S.).
Trustee Bushy moved, seconded by Trustee Rush..
To pass Resolution No. R-486 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
B. ORDINANCE NO. 3-678 AN ORDINANCE REZONING PROPERTY TO R-2. SINGLE-
FAMILY RESIDENCE DISTRICT 3415 and 3505 York Road):
Discussed and direction given at the Regular Meeting of July 11, 1989.
Trustee Winters moved, seconded by Trustee Rush...
To pass Ordinance No. 5-678 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
VILLAGE OF OAK BROOK Minutes _i- September 12, 1989
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OAK BROOK FIRE DEPARTMENT
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
ROBERT NIELSEN, Chief
September 13, 1989 Business Phone: 312-90-3000
James Simon
DuPage Mutual Aid Association
c/o 1005 School street
Lisle, IL 60532
Dear Jim:
At the Village of Oak Brook Board of Trustees meeting of September 12,
1989, the Board voted to authorize the Village President to. sign the
proposed M.A.B.A.S. Division 12 Agreement. This will permit
participation of the Oak Brook Fire Department in this mutual aid
agreement. All trustees voted favorably in support of this agreement,
and also feel that our Village's participattion is in our best
interest.
Pursuant to the request of M.A.B.A.S. , I am enclosing a signed copy of
our Agreement, the Resolution authorizing this Agreement, and letter
verifying our insurance. Oak Brook is a particpant in IRMA, a self-
insurance pool involving many DuPage county municipalities.
I trust that the enclosures indicating our -participation will meet
with the approval of M.A.B.A.S. If any additional materials are
desired, please give me a call.
Sincerely,
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Robert Nielsen
Fire Chief
RN/sc
Encl.
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