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HomeMy WebLinkAbout68-0313 Carpentersville and Countryside • RESOLUTIO N CARPENTERSVILLE AND COUNTRYSIDE FIRE PROTECTION DISTRICT WHEREAS, the Board of Trustees of the CARPENTERSVILLE AND COUNTRYSIDE FIRE PROTECTION DISTRICT, Kane County, Illinois, desires to enter into an agreement with other Cities, Villages, or Fire Pro- tection Districts for the furnishing of Mutual Aid in the event of an emergency arising within the territory of said district; NOW, THEREFORE, be it resolved by the Board of Trustees of the CARPENTERSVILLE AND COUNTRYSIDE FIRE PROTECTION DISTRICT, Kane County, Illinois, that said district enter into en agreement with the City of Elgin, Illinois , for the furnishing of Mutual Aid. Be it further resolved that the agreement entered into shall be in the form and in the terms of the agreement attached hereto and made a part hereof. Be it further resolved that the President of the Board of Trustees, and the Fire Chief of said district are hereby authorized and directed to enter into said agreement with other Cities, Villages, or Fire Protection Districts for Mutual Aid. ADOPTED AND PASSED this j th day of ry(4,,i4 , A. D. , 1968, by the Board of Trustees of the CARPENTERSVILLE AND COUNTRYSIDE FIRE PROTECTION DISTRICT, Kane County, Illinois . L�` Ayes Nays 6) � 1 7) .a.. 4 , 4_4,1. 1_ // rus ee i T stee Attest : ✓ ( CLQtu4_c4,1tee Seetary MUTUAL AID AGREEMENT ti THIS AGREEMENT, made and entered into this ,-) day of42:41_, A. D. , 1968, by and between the undersigned Cities, Villages, or Fire Protection Districts . WITNESSETH : WHEREAS , each of the parties hereto maintains equipment and per- sonnel for the prevention and control of fires or other emergencies within its own territory, and WHEREAS, fires and other emergencies occur within the juris- dictional areas of the respective parties hereto from time to time which may require equipment and personnel beyond its own resources and facilities, and WHEREAS, the parties hereto desire to provide a system of mutual aid and assistance in meeting such a situation, and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to this agreement to render assistance to one another in accordance with these terms : NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, it is agreed as follows : 1. Upon oral request by one party hereto (herein after referred to as the "host" ) to any one or more other parties hereto (herein after referred to as the "respondent" ) for aid, respondent shall furnish to host equipment, personnel, and supplies at the site or other emergency, but only under the following conditions : (a•) The request shall be made by the hosts ' chief, or in his absence, the duly authorized officer in charge. (b) The request shall be transmitted to the telephone maintained by respondent for taking fire and other emergency calls . (c ) The request shall specify that it is a mutual aid call, the type of equipment, supplies, and/or personnel needed, the location to which the assistance is to be dispatched, and by authority of whom. - 1 - (d) Respondent shall furnish any equipment, supplies, or per- sonnel to the host consistent with its responsibility to provide fire protection within its own territory. To that end, each respondent may retain in its own territory such equipment, supplies, and personnel as it deems necessary to provide fire protection within its own territory. (e ) Upon request for assistance, respondent shall acknowledge to host its ability to dispatch equipment, supplies, and/or personnel. (f) Deployment of respondent 's equipment and personnel shall be in host, and operation of respondent 's equipment and personnel shall be in respondent. Respondent may withdraw its equipment and personnel at any time, if conditions in its own territory so nec- essitate. 2. Each party shall furnish the other party with a map of its territory showing the roads and any other data useful in finding the location of a fire or emergency, and a list of equipment, supplies, or personnel normally available for mutual aid. 3. For the purpose of this agreement, a respondent shall be deemed to have furnished mutual aid in the follcwing situations : (a) Upon furnishing aid under the terms and conditions of this agreement, whether the host is also furnishing equipment and personnel at the site, or whether the host, because of the simultaneous occurance of a fire or other emergency, is furnishing its equipment and/or per- sonnel in another part of its territory or in another territory. (b) Upon furnishing fire and other emergency equipment and personnel in a territory other than its own on the request of a third person, provided that respondent simultaneously and immediately not- ifies ot-ifies the chief or his duly authorized officer (as per item lb) of the territory in which such fire or other emergency is occuring and where practical receives his authorization, or provided that respondent attempts to so notify such chief, and failing to reach him, furnishes such equipment or personnel. (c) Upon furnishing fire and other emergency equipment and personnel on the mistaken assumption or belief that the emergency is occuring in its district. - 2 - $ 4. The parties hereto shall form a "Mutual Aid Committee", and shall consist of one representative from each party. The com- mittee shall elect its own chairman, who shall serve for one year or until his successor is elected and qualified. (a) To make policy rules and regulations for the operation of the mutual aid group consistent with the letter and intent of this agreement, subject however, to the ratification of the parties hereto. (b) To perform such other duties as the parties may from time to time direct, or as may otherwise be set forth in this agreement. (c ) The committee shall meet at regular intervals , but not less than annually. 5. No charge of any kind shall be made by any respondent in rendering aid to a host, except for certain specified supplies or disproportionate conditions . The said Mutual Aid Committee, in addition to its other powers and duties, shall set general guide lines in determining disproportionate aid and the amount of re- numeration therefor. The committee shall arbitrate any disputed claims for disproportionate aid and no party hereto shall utilize any other means, including law suits, to settle such disputes until the matter has been referred to the committee and a recommendation given by it. 6. In participating in a mutual aid fire or other emergency, each participant, including but not restricted to, the host, shall assume all liability for injuries or death to its personnel and damage to its equipment, and all liability for personal injury and property damage caused by it and suffered by third persons . No re- spondent shall be held liable for any loss or damage by reason of its failure to respond or to effectively combat, or by reason of its negligence in combatting any fire or other emergency in the host 's territory. 7. The agents, servants or representatives of each respondent (while furnishing aid in accordance with this agreement ) shall be deemed to be employees, servants, agents or representatives of their own municipality and shall be considered as acting in the cause of their own employment of their respective municipality. - 3 - 8. The word "territory'; of a participant hereto when used herein shall include the area within the participants municipality and also the area outside the corporate limits that such party is obligated to serve with fire protection. 9. Any party hereto may withdraw from this agreement upon giving thirty (30) days written notice of its intention to do so upon each other party. 10. Any party hereto which fails to comply with this agree- ment and the rules and regulations promulgated hereunder shall cease to be a party to this agreement. A party hereto which refuses to ratify policy and/or rules and regulations promulgated by the Committee and ratified by a majority of the parties shall cease to be a party hereto. IN WITNESS WHEREOF, the respective parties hereto have executed this agreement on the date first written herein persuant to authority granted by its respective corporate authority. CA RPENTERSV ILLE AND COUNTRYSIDE FIRE PROTECTION DISTRICT i 1 ^71 1 President Fire Chief CITY OF ELGIN, ILLINOIS Gf e May4351 .?r ,t it erk