CCR2005109.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #109-2005
RESOLUTION TO APPROVE THE
MUTUAL AID BOX ALARM SYSTEM AGREEMENT (MABAS)
WHEREAS, Section 66.0301, Wis. Stats. authorizes municipalities to contract with
other municipalities for the receipt or furnishing of services, such as fire protl;::ction and
emergency medical services, including municipalities located in another state:; and
WHEREAS, a proposed agreement has been drafted to provide a mutual aid box alarm
system for municipalities providing fire protection and emergency medical st:rvices in the
counties of Kenosha, Racine, Walworth, Rock and parts of Green, Dane and .Jefferson counties
in Wisconsin, and Lake McHenry, Boone, Winnebago and Cook counties in Illinois; and
WHEREAS, under 66.0303(b), Wis. Stats, the Attorney General of the State of
Wisconsin must approve any agreement between a VVÏsconsin municipality and a municipality of
another state, and the agreement in question was approved by the Attorney General of the State
of Wisconsin on December 22,2000; and
WHEREAS, the proposed agreement was submitted to the governor of the State of
Wisconsin for his concurrence, which was obtained; and
WHEREAS, the Waukesha County Board of Supervisors believes that
intergovernmental cooperation for purposes of publÙ; safety and protection should be encouraged
and that the MABAS Agreement would afford these benefits to county residents by coordinating
fire protection and emergency medical services, as recommended in County Resolution 158-R-
004 on July 22,2003; and
WHEREAS, it is in the best interest of the City of Muskego to enter into the proposed
Mutual Aid Box Alarm System ("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 System
Agreement, a copy of which is attached hereto and incorporated herein by reference, is hereby
approved and the Mayor and Clerk-Treasurer are authorized to execute the same on behalf of the
City of Muskego.
DATED THIS 24th ,2005. DAY OF May
SPONSORED BY:
Charles H. Damaske, Mayor
This is to certify that this is a true and accurate copy of Resolution #109-2005 which was
adopted by the Common Council of the City of Muskego.
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MUTUAL AID BOX ALARM SYSTEM
AGREEMENT
This Agreement made and entered into the date sd forth next to the signature of the
respective parties, by and between the units oflocal 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, the parties hereto have determined 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, the Wisconsin Statue 66.0301 (2) authorizes any municipality to contract with
other municipalities for the receipt or furnishing of services, such as fire protc~ction and
emergency medical services. Such a contract may bl~ with municipalities of another state.
(Wis.Stats. 66.0303 (2).
WHEREAS, the State of Illinois has provided similar provisions under the
"Intergovernmental Cooperation Act" of 5 ILCS 220/1 et seq.
WHEREAS, the parties hereto have determined that it is in their best int(~rests 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 oflife 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 (hereinafter 'MABAS') and the covenants contained herein.
THE PARTIES HERETO AGREE AS FOLLOWS:
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SECTION ONE
Purpos(~
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 ofthe 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 Unites) in accordance with the system established and maintained by the MABAS
Member Units and amended from time to time;
B. "Member Unit": A unit oflocal government including but not limited to a city, village or
fire protection district having a fire department recognized by the Statl~ of Illinois, or the
State of Wisconsin, or an intergovernmental agency and the units of which the
intergovernmental agency is comprised which is a party to the MABAS Agreement and
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has been appropriately authorized by the govt:rning body to enter into such agreement,
and to comply with the rules and regulations ofMABAS;
C. "Stricken Unit": A Member Unit which reqw~sts 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 ofMABAS.
H. "Executive Board": The governing body ofMABAS comprised of Division
representatives.
SECTION THREE
Authoritv and Action to Effect Mutual Aid
A. The Member Units hereby authorize and direct their respective Fire Chief(s) 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 be to the extent of
available personnel and equipment not required for adequate protectilon of the territorial
limits of the Aiding Unit. The judgment of the Fire Chief(s), or his designee, of the
Aiding Unit shall be final as to the personnd and equipment available to render aid.
B. Whenever an emergency occurs and conditions are such that the Fin: Chief(s), or his
designee, of the Stricken Unit determines it advisable to request aid pursuant to this
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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(s), 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 are requested according to the
system maintained by MABAS.
2. Determine ifthe 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 1to this Agreement shall remain 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 ofthe 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(s) or
his designee; provided, however, that the party withdrawing such aid shall notify the Fire
Chief( s) or Senior Officer of the party requesting aid of the withdrawal of su(;h aid and the extent
of such withdrawal.
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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 I~xisting statutes.
SECTION SIX
InsuraD<:e
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 ,000.00 auto and $1,000.00 combined single limit general liability and
professional liability. No party hereto shall have any obligation to provide or extend insurance
coverage for any ofthe 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.
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 m:gligence or willful
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misconduct by a party hereto or its personnel. Each party requesting or providing aid pursuant to
this Agreement hereby expressly agrees to hold hannless, indemnify and de[{~nd 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 attomey 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.
SECTION EIGHT
Non-Liabilitv for Failure to Render Aid
The rendering of assistance under the tenns of this Agreement shall not be mandatory if
local conditions ofthe 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 tenns 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 tenns of this Agreement.
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SECTION NINE
Term
This Agreement shall be in effect for a tenn of one year from the date of signature hereof
and shall automatically renew for successive one-year tenns unless tenninated in accordance
with this Section.
Any party hereto may tenninate its participation in this Agreement at any time, provided
that the party wishing to tenninate its participation in this Agreement shall give written notice to
the Board of their Division and to the Executive Board specifying the date of tennination, such
notice to be given at least 90 calendar days prior to the specified date of tennination 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 EI,EVEN
Bindin2 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
V alidi~~
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 detennined by a court of
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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.
SECTION FOURTEEN
Governin2:Law
This Agreement shall be governed, interpreted and construed in accordance with the laws
of the State of Wisconsin.
SECTION FII~TEEN
Execution in Counterparts
This Agreement may be executed in multiple counterparts or duplicatle 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 represlentative of said Division on MABAS
matters, and may appoint a designee to serve temporarily in his stead. Such designee shall be
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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 (:onsider and
publish the rules, procedures and by laws of the MABAS, which shall govem the Executive
Board meetings and such other relevant matters, as the Executive Board shall deem necessary.
SECTION EIGHTEEN
Rules and Procedure
Rules, procedures and by laws ofthe 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 MARA.S.
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.
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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.
Date
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