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HomeMy WebLinkAboutCC-09-16-13-01 Mutual Aid Box Alarm System SPONSOR: Councilor Rider RESOLUTION CC-09-16-13-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING AND ADOPTING A MUTUAL AID BOX ALARM SYSTEM AGREEMENT FOR THE CARMEL FIRE DEPARTMENT WHEREAS, Indiana Code 36-1-7 authorizes cooperative endeavors between governmental entities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36-1-7-2 authorizes the Common Council to approve such "Interlocal Agreements"; and WHEREAS, the Mutual Aid Box Alarm System Agreement ("MABAS Agreement") attached hereto and incorporated herein as Exhibit A, allows the City of Carmel Fire Department to obtain multi-agency cooperation in order to protect life and property in an emergency or disaster; and WHEREAS, it is in the public interest to approve the MABAS Agreement. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Mutual Aid Box Alarm System Agreement should be, and the sat S is hereby approved and adopted by the Common Council of the City of Carmel. Indiana. �ry Section 3. This Resolution shall become effective on and after the date and time ittil properly approved and signed by a majority of the members of the Carmel Common Council. -u PASSED by the Common Council of the City of Carmel, Indiana, this I (Q ay of 2013, by a vote of -7 ayes and I nays. 0 , • Page One of Two Pages This Resolution was originally prepared by Douglas C. Haney, Carmel City Attorney, on September 5,2013 at 2:44 p.m. It may have been subsequently revised. However, no subsequent revision to this Resolution has been reviewed by Mr. Haney for legal sufficiency or otherwise. Z:\E Bass\My Documents\Resolutions-CCC\2013\CC-08-15-13-01 APPROVE ADOPT Mutual Aid Box Alarm System-MABAS-CFD 9-5-13.docx 1/25/2013 2:48:00 PM • SPONSOR: Councilor Rider COMMON COUNCIL FOR THE CITY OF CARMEL .4� Presiding O leer evin D. Rider . Richard harp, esident Pro Tempore Carol Schleif x ,‘&1/ -" E. Carter W. Eric e'•ensticker WHir tartavicill ■ ATTEST !) 62,t4481 Diana L. Cordray, IAMC, Clerk-Tre rer th Presented by me to the Mayor of the City of Carmel, Indiana this P day of 62pSYL rth. 2013, at 9:.S5' A .M. Diana L. Cordray, IAMC, Clerk-Trea, rer Approved by me, the Mayor of the City of Carmel, Indiana, this a3 day oft5r2p , 2013, at /D: is- A .M. mes Brainard, Mayor ATTEST " eiktk Diana L. Cordray, IAMC, Clerk-Treasurer Resolution No. CC-09-16-13-01 U Page Two of Two Pages This Resolution was originally prepared by Douglas C. Haney, Carmel City Attorney, on September 5, 2013 at 2:44 p.m. It may have been subsequently revised. However, no subsequent revision to this Resolution has been reviewed by Mr. Haney for legal sufficiency or otherwise. Z:\E Bass\My Documents\Resolutions-CCC\2013\CC-O8-15-13-01 APPROVE ADOPT Mutual Aid Box Alarm System-MABAS-CFD 9-S-13.docx 7/25/2013 2:48:00 PM Q 15 113 S!_nfi A-DUe-eal Qaol,< JOS 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 (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, Indiana law provides for Interlocal Cooperation at IC 36-1-7-1 et seq, and 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 local government including a unit of government from another state; and, WHEREAS, Indiana Code IC 36-1-7-1 and IC 36-1-7-2(b) of 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, the City of Carmel, Indiana is a unit of local government as defined in Section 36-1-2-23 of the Indiana Statutes; and WHEREAS, the parties hereto have determined that it is in 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 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. "EXHIBIT At % Ai" NOW, THEREFORE, in consideration of the foregoing recitals, the Unit's membership in the Mutual Aid Box Alarm System and the covenants contained herein, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION ONE Purpose It is recognized and acknowledged that in certain situations, such as, but not limited to, emergencies, natural disasters and man-made catastrophes, 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 is acknowledged that coordination of mutual aid through the Mutual Aid Box Alarm System is desirable for the effective and efficient provision of mutual aid. SECTION TWO 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 Unit(s) 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 not limited to a city, village -2- "EXHIBIT Aj', : t, or fire protection district having a fire department recognized by the State of Illinois, or a neighboring state, 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: D. "Aiding Unit": A Member Unit furnishing equipment, 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. 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 the other Member Units in accordance with the policies and procedures established and maintained by the MABAS Member Units. The aid rendered shall -3- � va "`EXHIBfT be to the extent of available personnel and equipment not required for adequate protection of the territorial limits of the Aiding Unit. The judgment of the Fire Chief, or his designee, of the Aiding Unit shall be final as to the personnel and equipment available to render aid. B. Whenever an emergency occurs and conditions are such 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 equipment and personnel and/or services requested from the Aiding Unit. C. The Fire Chief, or his designee, of the Aiding Unit shall take the 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 remain employees of the Aiding Unit. Personnel rendering aid shall report for direction and assignment at the scene of -4- "EXHIBIT 1Q oFleF, 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. 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 from third parties shall be equitably distributed among responding parties. Nothing herein 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, worker's 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 -5- "EXHIBIT A5 of-bg_aa the MABAS members. SECTION SEVEN Indemnification Each party hereto agrees to waive all claims against all 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 may arise from providing aid pursuant to this Agreement. Provided, however, that all employee benefits, wage and disability payments, pensions, worker'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. Provided further, that the obligation to defend and indemnify shall not be require any member to provide defense or indemnification beyond the statutory and constitutional limits of liability that are set forth in any applicable law in the State in which the member is located, and nothing in this Agreement is meant to constitute a waiver of any immunity or defense available to the member under the laws of the State in which the member is located. "EHIBITts, li'. 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 Unit 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 of noncompliance with the terms of this section and no liability may be assigned. No liability of any kind or nature shall be attributed to or be assumed, whether expressly or 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 Agreement shall be in effect for a term of one year from 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 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. -7- "EXHIBIT P i•• 99 • 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 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 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. SECTION TWELVE Validity 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 THIRTEEN 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 mailing lists or, to other such addresses as shall be agreed upon. -8- "EXHIBIT / % 4- pt " SECTION FOURTEEN Governing Law This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of Indiana. 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 same document. SECTION SIXTEEN 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. -9- "EXHIBIT 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 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. SECTION NINETEEN Amendments This Agreement may only be amended by written consent of all the parties hereto. This shall not preclude the amendment of 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. This Signatory certifies that this Mutual Aid Box 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. -10- "EXHIBIT 9, For the City of Oarmel, Indiana: Cier\ Mayor / Date AT EST: Title Date +i�� "EX@ BI 9 IQ '• II 77 RESOLUTION NO. BPW- 09-04-13-07 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING RECEIPT OF CONTRACT WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City's mayor shall sign all contracts of the City; and WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C. Brainard, has signed the City contract attached hereto as Exhibit A (the "Contract"); and WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk-Treasurer's Office, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Camel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk-Treasurer and thereafter made available to the public for review. SO RESOLVED this day of A'`' , 2013. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: . deft, ‘------ -.7=..--c- V Jalijies Brainard, Presiding Officer Date. a CV 21., ary A n�urk Member Date: - V 1J This Resolution was originally prepared by Ashley M. Ulbricht,Assistant Carmel City Attorney,on at m. No subsequent revision to this Resolution has been reviewed by Ms.Ulbricht for legal sufficiency or otherwise. SR V:\E Bass\My Documents\BPW-Resolutions\2013\Acknowledge MABAS Fire Agreementdocx 8/27/2013 5:07:00 PM Lod S. Watispi Member �y Date: 7 /7// ATTEST: / l2.4-244/- \ y ' �'1f , L/ 1 Diat a Cordray, McA!( erk-Treasurer Da e: Q �Lt IT This Resolution was originally prepared by Ashley M. Ulbricht,Assistant Carmel City Attorney,on at m. No subsequent revision to this Resolution has been reviewed by Ms.Ulbricht for legal sufficiency or otherwise. SR V:\E Bass\My Documents\BPW-Resolutions\2013\Acknowledge MABAS Fire Agrcement.docx 8/27/2013 5:07:00 PM