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HomeMy WebLinkAbout09-232.docJUNE 23, 2009 09 -232 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE MUTUAL AID BOX ALARM SYSTEM (MABAS) AGREEMENT FOR RECEIPT OR DEPLOYMENT OF PERSONNEL AND \OR EQUIPMENT IN A MULTI - JURISDICTIONAL OR MULTI - AGENCY EMERGENCY RESPONSE THROUGHOUT WISCONSIN AND NEIGHBORING STATES INITIATED BY: OSHKOSH FIRE DEPARTMENT WHEREAS, the Wisconsin Statute 66.0301(2) authorizes any municipality to contract with other municipalities and with federally recognized Indian tribes and bands in this state for the receipt or furnishing of services, such as fire protection and emergency medical services. Such a contract may be with municipalities of another state, as provided in Wisconsin Statute 66.0303(3)(b); and WHEREAS, the Wisconsin Statute, 166.03(2)(a)3, provides that the standards for fire, rescue, and emergency medical services shall include the adoption of the intergovernmental cooperation Mutual Aid Box Alarm System (MABAS) as a mechanism that may be used for deploying personnel and equipment in a multi - jurisdictional or multi - agency emergency response throughout Wisconsin and neighboring states; and WHEREAS, the Attorney General of the State of Wisconsin must approve any agreement between a Wisconsin municipality and a municipality of another state, and said agreement was approved by the Attorney General of the State of Wisconsin on December 22, 2000; and WHEREAS, said agreement was submitted to the governor of the State of Wisconsin for his concurrence, which was obtained and later adopted under Wisconsin Statute 66.0303(3) (a) and (b); and WHEREAS, the Common Council of the City of Oshkosh believes that intergovernmental cooperation for purposes of public safety and protection should be encouraged and that the Mutual Aid Box Alarm (MABAS) Agreement would afford these benefits to city residents by coordinating fire protection and emergency medical services; and JUNE 23, 2009 09 -232 RESOLUTION CONT'D WHEREAS, it is in the best interest of the City of Oshkosh 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 (MABAS) Agreement, a copy of which is attached hereto and incorporated herein by reference, is hereby approved and the proper city officials are authorized to execute the same on behalf of the City of Oshkosh and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 City of Oshkosh — 01HKQlH TO: Honorable Mayor and Members .of the Common Council FROM: Tim Franz, Fire Chief DATE: June 18, 2009 RE: Request to Become a Member of the Mutual Aid Box Alarm System BACKGROUND Fire departments have relied on mutual aid for large incidents and disasters for some time, and have been improving the agreements and systems for engaging this assistance. The latest improvement in Wisconsin is the Mutual Aid Box Alarm System ( MABAS). This system has been in place in the Slate of Illinois and southern Wisconsin counties for several years. It was authorized by the State of Wisconsin as a state -wide mutual aid system through Senate Bill 642. MABAS involves a standard agreement for the whole state that outlines guidelines on types of equipment, personnel, communications and operational guidelines, .along with pre - determined resource assignments to geographical areas when a request for assistance is made. This system is in place in 20 counties and is pending in an additional 13, with the goal of state -wide coverage. ANALYSIS The City of Oshkosh already enjoys a mutual aid agreement with all of the fire departments in Winnebago County and some communities neighboring our county. This agreement allows us access to resources outside of our county, potentially state -wide if necessary, in the event of major disasters. In situations such as last year's flooding or the wind storms of 2001, the other communities in our county may be equally affected and unable to assist us and vice versa. MABAS is designed for situations such as this to provide aid to stricken communities. Through pre - determined deployment plans, it ensures no more than 20% of any community's resources are deployed/requested to assure coverage is maintained in all jurisdictions. Every community also maintains the right of refusal if the situation in their jurisdiction is not favorable at the time of the request for giving aid. FISCAL IMPACT There is no cost for becoming a member of MABAS. There is some staff time involved in developing deployment assignments, etc. Our radios already have all of the required frequencies to participate. As with our current mutual aid agreement, the concept of mutual aid is that no community receives a bill or sends a bill for service. The agreement does allow cost to be recovered if a disaster is declared and funds are made available from FEMA. In certain cases such as hazardous material releases, a responsible party may be liable for the cost of response. RECOMENDATION I recommend that we become a member of the Winnebago County Division of MABAS. This will give our community access to a much greater range of emergency resources in the event of major emergencies. You may also find additional information at the MABAS Wisconsin Web site at www.mabaswisconsin.org Please direct any questions regarding this matter to Fire Chief Tim Franz. Respectfully submitted, t r Timothy Franz Fire Chief Approved: Mark A. Rohloff City Manager TO: Honorable Mayor and Members of the Common Council FROM: Tim Franz, Fire Chief DATE: June 18, 2009 RE: Request to become a member of the Mutual Aid Box Alarm System BACKGROUND Fire departments have relied on mutual aid for large incidents and disasters for some time and have been improving the agreements and systems for engaging this assistance. The latest improvement in Wisconsin is the Mutual Aid Box Alarm System or MABAS as it is known. This system has been in place in the State of Illinois and southern Wisconsin counties for several years and has been was authorized by the State of Wisconsin to be used as a State wide mutual aid system through Senate Bill 642. The MABAS system involves a standard agreement for the whole state that outlines guidelines on types of equipment, personnel, communications and operational guidelines - along with pre - determined resource assignments to geographical areas when a request for assistance is made. This system is in place in 20 counties already and is pending in an additional 13 with the goal of state wide coverage. ANALYSIS The City of Oshkosh already enjoys a mutual aid agreement with all of the fire departments in Winnebago County and some communities neighboring our county. This agreement allows us access to resources outside of our county, potentially statewide if necessary, in the event of major disasters. In situations such as last years flooding or the wind storms of 2001, the other communities in our county may be equally affected and unable to assist us and vice versa. MABAS is designed for situations such as this to provide aid to stricken communities and through pre - determined deployment plans ensures no more than 20% of any communities resources are deployed/requested to assure coverage is maintained in all jurisdictions. Every community also maintains the right of refusal if the situation in their jurisdiction is not favorable at the time of the request for giving aid. FISCAL IMPACT There is no cost for becoming a member of the MABAS system. There is some staff time involved in developing deployment assignments etc and our radios already have all of the required frequencies to participate. As with our current mutual aid agreement the concept of mutual aid is that no community receives a bill or sends a bill for service. The agreement does allow cost to be recovered if a disaster is declared and funds are made available from FEMA or in certain cases such as hazardous material releases a responsible party may be liable for cost of response. RECCOMENDATION I recommend that we become a member of the Winnebago County Division of the MABAS system. This will give our community access to a much greater range of emergency resources in the event of major emergencies. You may also find additional information at the MABAS Wisconsin Web site at www.mabaswisconsin.org Please direct any questions regarding this matter to the Fire Chief. Respectfully Submitted, Approved: Timothy Franz City Manager Fire Chief 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, 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 Statute 66.0301(2) authorizes any municipality to contract with other municipalities for the receipt or furnishing of services, such as fire protection and emergency medical services. Such a contract may be with municipalities of another state. (Wis.Stats. 66.0303(3)(b).) WHEREAS, the State of Illinois has provided similar provisions under the "Intergovernmental Cooperation Act" of 5 ILCS 220/1 et seq. WHEREAS, Wisconsin Statutes 66.03125 authorizes fire departments to engage in mutual assistance within a requesting fire department's jurisdiction; and WHEREAS, 2005 Wis. Act 257 amended § 166.03(2)(a)3 of the Wisconsin Statutes relating to standards for local emergency management programs, and Page 1 of 13 WHEREAS, pursuant thereto the Adjutant General of the Department of Military Affairs of the State of Wisconsin is authorized to furnish guidance, develop and promulgate standards for emergency management programs; and WHEREAS, pursuant thereto the standards for fire, rescue and emergency medical services shall include the adoption of the intergovernmental cooperation Mutual Aid Box Alarm System (MABAS) as a mechanism that may be used for deploying personnel and equipment in a multi jurisdictional or multi - agency emergency response; and WHEREAS, pursuant to such authority, Wis. Admin. Code. Chapter WEM 8 was promulgated in order to establish standards for the adoption of MABAS by local governments as a mechanism to be used for mutual aid for fire rescue and emergency medical services; 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 associate 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;. 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, Page 2 of 13 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 county, city, village, town, tribe or band, emergency medical services district, or fire Page 3 of 13 protection district having a fire department recognized by the State of llinois, 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 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 or a non - participating local governmental 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 Stricken 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, so that it 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 statewide oversight board of MABAS which is comprised of Division representatives. I. "MABAS or `Mutual Aid Box Alarm System' region" means the WEM regional areas as identified by the Adjutant General under ss. 166.03(2)6.(b)1., Stats. I "Chief Officer" means the highest ranking officer within a fire, rescue or emergency medical services unit. Page 4 of 13 K. "Incident Command System" has the meaning specified in s. 166.02(6m), Stats. and follows the guidelines of the National Incident Management System, also known as NIMS. SECTION THREE Authority and Action to Effect Mutual Aid A. The Member Units hereby authorize and direct their respective Chief Officer 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 protection of the territorial limits of the Aiding Unit. The judgment of - the Chief Officer, 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 Chief Officer, Incident Commander 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 Chief Officer, 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 the MABAS. Page 5 of 13 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 the 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 of the Aiding Unit shall report for direction and assignment at the scene of the emergency to the Fire Chief or Incident Commander of the Stricken Unit. The Aiding Unit shall at all times have the right to withdraw any and all aid upon the order of its Chief Officer or his designee; provided, however, that the Aiding Unit withdrawing such aid shall notify the Incident Commander or his designee of the Stricken Unit 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 Stricken Unit; however, any expenses recoverable from third parties and responsible parties shall be equitably distributed among Aiding Units. Nothing herein shall operate to bar any recovery of funds from any state or federal agency under any existing state and federal laws. Page 6 of 13 SECTION SIX Insurance Each part 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 the MABAS members. SECTION SEVEN Indemnification Liability and Waiver of Claims 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 Agreement; provided, however, that such claim is not a result of willful or reckless misconduct by a party hereto or its personnel. The Stricken Unit hereby expressly agrees to hold harmless, indemnify and defend the Aiding Unit and its personnel from any and all claims, demands, liability, losses, including attorney fees and costs, suits in law or in Page 7 of 13 equity which are made by a third parry that may arise from providing aid pursuant to this Agreement. All employee benefits, wage and disability payments, pensions and worker's compensation claims, shall be the sole and exclusive responsibility of each party for its own employees provided, however, that such claim is not a result of willful or reckless misconduct by a party hereto or its personnel. SECTION EIGHT Non - Liability for Failure to Render Aid The rendering of assistance under the terms of this Agreement shall not be mandatory and the Aiding Unit may refuse 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 parry 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. Page 8 of 13 Any parry 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. In Wisconsin, a copy of such notice shall also be deposited with the Fire Service Coordinator (FSC), Wisconsin Emergency Management, 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53700 -7865, telephone (608) 220 -6049. 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. In Wisconsin, a copy of such agreement shall be deposited with the Fire Services Coordinator (FSC), Wisconsin Emergency Management, 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53700 -7865, telephone (608) 220 -6049. 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. Page 9 of 13 SECTION TWELVE Validit 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. SECTION FOURTEEN Governing Law This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of Wisconsin. 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. Page 10 of 13 SECTION SIXTEEN Executive Board of MA13AS 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. In Wisconsin, the Executive Board shall be constituted as set forth in the Wisconsin State Administrative Code Chapter referenced above. 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 Board meetings and such other relevant matters as the Executive Board shall deem necessary. Page 11 of 13 SECTION EIGHTEEN Rules and Procedure 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. In Wisconsin, Member Units shall also comply with all requirements of WEM 8 currently in effect and as amended from time to time.. In Wisconsin, MABAS policies and general operating procedures shall be available on request without charge from the Fire Services Coordinator (FSC), Wisconsin Emergency Management, 2400 Wright Sireet, Room 213, P.O. Box 7865, Madison, WI 53700 -7865, telephone (608) 220 -6049. MABAS policies and procedures may also be accessed from the Wisconsin Emergency -- Management webpage at http://emei. .anagement.Nvi.gov 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. Page 12 of 13 Dated this 24th day of June, 2009 CITY OF OSHKOSH, A Wisconsin Municipality located in Winnebago County, WI Mark A. Rohloff, City Manager Ems Pamela R. Ubrig, City Clerk APPROVED: Lynn A. Lorenson, City Attorney Page 13 of 13