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Home My WebLink About07-59 Resolution No. 07-59 RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT WITH THE MUTUAL AID BOX ALARM SYSTEM, DIVISION TWO (MABAS II) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement with the Mutual Aid Box Alarm System, Division Two (MABAS II) to designate the City of Elgin Emergency Communications Center as the back-up dispatch center for MABAS II, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk s/Jennifer Quinton Jennifer Quinton, Deputy City Clerk • INTERGOVERNMENTAL DISPATCH AGREEMENT BETWEEN THE MUTUAL AID BOX ALARM SYSTEM,DIVISION TWO AND THE CITY OF ELGIN This Agreement is made and entered into this 'day of rvo..'evA , 2001 by and between the Mutual Aid Box Alarm System, Division Two (hereafter "MABAS II"), an intergovernmental and public agency located at 115 East Third Street, East Dundee, IL 60118, and the City of Elgin (hereinafter "Elgin Emergency Communications"), a home rule unit of local government located at 150 Dexter Court, Elgin, IL 60120. 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 220/1 et seq.) provides that any power or powers, privileges, or authority exercised or which may be exercised by a public agency or unit of local government may be exercised jointly with any other public agency or unit of local government; and WHEREAS, the Intergovernmental Cooperation Act 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, both parties agree that it is in the best interest of the public that Elgin Emergency Communications serves as the back-up dispatch center for MABAS II since both parties share a common radio frequency. NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual covenants,promises, and conditions herein contained, the parties hereto agree as follows: ARTICLE I SERVICES OF THE AGREEMENT Elgin Emergency Communications will serve as the back-up dispatch center for MABAS II. ARTICLE II INDEMNIFICATION To the extent that the law does not afford immunity, MABAS II, and its member agencies, agree to indemnify, defend, and hold harmless the City of Elgin, its elected and appointed officers and officials, agents, and employees from all claims, causes of action, suits, damages, liabilities, costs, liens, fines, penalties, interest, expenses, or demands including, without limitation, reasonable attorney fees and litigation costs incurred by the City of Elgin in connection with defense of any action, suit, or proceeding in which it is made a party(or so threatened)by reason of any action of MABAS II, its officers, agents, or employees, including but not limited to, the failure to dispatch or respond to fire or EMS calls in a timely manner in connection with the performance of this Agreement. ARTICLE III INDEMNIFICATION To the extent that the law does not afford immunity, the City of Elgin, agrees to indemnify, defend, and hold harmless MABAS II, its elected and appointed officers and officials, agents, and employees from all claims, causes of action, suits, damages, liabilities, costs, liens, fines, penalties, interest, expenses, or demands including, without limitation, reasonable attorney fees and litigation costs incurred by MABAS II in connection with defense of any action, suit, or proceeding in which it is made a party(or so threatened) by reason of any action of Elgin Emergency Communications, its officers, agents, or employees, including but not limited to, the failure to dispatch or respond to fire or EMS calls in a timely manner in connection with the performance of this Agreement. ARTICLE IV TERMINATION This Agreement may be cancelled without any cause by either party in their sole discretion with thirty(30) day written notice to the other party. ARTICLE V ASSIGNABILITY The parties may not assign, sell, or transfer any interest in this Agreement. ARTICLE VI WARRANTY No warranty of quantity, sufficiency, and/or effectiveness is made by either party. ARTICLE VII RELATIONSHIP OF PARTIES This Agreement shall not be construed so as to create a partnership,joint venture, employment, or other agency relationship between the parties. No rights or obligations to third parties are created by this Agreement. No third party beneficiary is created or recognized by this Agreement. Nothing herein shall be construed as an express and/or implied waiver of any common law and/or statutory immunities and/or privileges of the parties and/or any of their respective officials, officers, employees, and/or agents. 2 ARTICLE VIII GOVERNING LAWS This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. ARTICLE IX ENTIRE AGREEMENT This Agreement embodies the complete promises, terms, conditions, and/or obligations of the parties, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers pursuant to property authorization. MUTUAL AID BOX • . STEM, DIVISION TWO / ,i,Aga_ AA.�1! ""MI I Press en ATT: S creta CITY OF ELGIN Mayor ATTEST: oCteLa AetA4K- City Clerk 3 , • • OF E4.0 City of Elgin Agenda Item No. X\ -et , ,„),\ February 9, 2007 ' „ I TO: Mayor and Members of the City Council A FROM: Olufemi Folarin, City Manager Robert Duffy, Deputy Chief of Manager ' SUBJECT: Intergovernmental Agreement—Mutual Aid Box Alarm System, Division Two PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the Intergovernmental Agreement between the Mutual Aid Box Alarm System, Division Two (MABAS II) and the City of Elgin. r RECOMMENDATION It is recommended that the City enter into this Agreement to designate the City of Elgin Emergency Communications Center as the back-up dispatch center for MABAS II. BACKGROUND MABAS is a mutual aid organization that has been in existence since the late 1960s. Heavily rooted throughout northern Illinois, MABAS includes over 550 member fire departments organized within 46 divisions. MABAS divisions geographically span an area from Lake Michigan to west of Rockford and south through Champaign-Urbana, Douglas County, St. Clair County, and St. Louis. The City of Elgin, on behalf of the Fire Department, is a member of MABAS Division Two. This request is being recommended due to the facts that the City of Elgin Emergency Communications Center has trained communication operators in the MABAS protocols and the City's Communication System and MABAS II share a common radio frequency. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None eyINANCIAL IMPACT The City of Elgin will not be subject to any financial commitment with the execution of this agreement. IGA— MABAS Division Two February 9, 2007 Page 2 \\Nu4,EGAL IMPACT one. ALTERNATIVES 1. The Council may choose to designate the Communications Center as the back up center for MABAS II. 2. The Council may choose not to designate the Communications Center as the back up center for MABAS II. Respectfully submitted for Council consideration. rd