07-59 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:
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CITY OF ELGIN
Mayor
ATTEST:
oCteLa AetA4K-
City Clerk
3
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City of Elgin
Agenda Item No. X\
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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