HomeMy WebLinkAbout10-123 Resolution No. 10-123
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH THE RUTLAND AND DUNDEE TOWNSHIPS FIRE PROTECTION DISTRICT FOR
AUTOMATIC FIRE AND EMERGENCY MEDICAL SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to
execute an intergovernmental agreement with the Rutland and Dundee Townships Fire Protection
District on behalf of the City of Elgin for automatic fire and emergency medical services,a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 23, 2010
Adopted: June 23, 2010
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
10/28/09
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ELGIN AND THE RUTLAND AND
DUNDEE TOWNSHIPS FIRE PROTECTION DISTRICT
FOR AUTOMATIC FIRE AND EMERGENCY MEDICAL SERVICES
This agreement is made and entered on the last date set forth next to the signatures of the
Rutland and Dundee Townships Fire Protection District (the "District") and the City of Elgin
(the "City") (collectively, the "Parties"), that have approved this Agreement in the manner
provided by law.
WHEREAS, the City and District realize that it is in the best interests of the residents of
the City of Elgin and the Rutland and Dundee Townships Fire Protection District to cooperate in
providing continued fire protection and emergency medical services upon certain lands; and
WHEREAS, Article VII, Section 10 of the Illinois Constitution authorizes units of local
government to enter into agreements "to obtain or share services and to exercise, combine, or
transfer any power or function, in any manner not prohibited by law or ordinance"; and
WHEREAS, the "Intergovernmental Cooperation Act," 5 ILCS 220/3 (1998), provides
in pertinent part: "Any power or powers, privileges, functions, or authority exercised or which
may be exercised, combined, transferred, and enjoyed jointly with any other public agency of the
State...", and
WHEREAS, the Parties are both public agencies as defined by statue; and
WHEREAS, both Parties have the capability of providing fire protection and emergency
medical services to the area for mutual aid and protection; and
WHEREAS, the Parties hereto determined that it is in their best interests to enter into
this agreement to secure to each the benefits of cooperation in providing first response automatic
aid fire and emergency medical services to areas within the Parties' respective jurisdictions as
more fully described on Exhibit A attached hereto and made a part hereof by reference. Each
party's respective area for which it will provide first response emergency services to the other
party shall hereinafter be referred to as either the "District's First Response Service Area" or the
"City's First Response Service Area'. Collectively, these service areas are sometimes referred to
as the "Subject Area".
WHEREAS, the City and District realize that the growth of the Subject Area should
involve cooperation and planning by both Parties.
WHEREAS, both of the Parties have previously shared services by virtue of mutual aid
agreements; and
WHEREAS, the Parties acknowledge that it is in the best interests of their taxpayers to
continue to provide cooperative services so that the resources of both Parties can be most
effectively utilized in providing effective and cost efficient fire protection and emergency
medical services to their respective jurisdictions and to the Subject Area over which the Parties
are in dispute; and
WHEREAS, the Parties acknowledge fire protection and emergency medical services
should where practicable be planned so as to minimize duplication of effort and expenses and to
assure that public funds will be best utilized for the purposes herein; and
WHEREAS, the Parties acknowledge that it is in their best interests to continually work
together to keep evaluating the present and future needs of the public that they serve as to
minimize duplication of effort and expenses and to assure public funds will be best utilized for
the purposes herein; and
NOW, THEREFORE, the Parties do hereby enter into this Intergovernmental
Agreement upon the following terms and conditions:
Section One: As mutual consideration for the promises and agreements entered into herein, the
Parties agree that:
1) The District will provide first response automatic aid fire and emergency medical
Services and related emergency services perfonned by fire departments to the properties
in the City in the area identified as the District's First Response Service Area as depicted
on the map dated , 2010, attached hereto as Exhibit A. The City will
continue to receive 911 calls from properties within the City's corporate limits which are
in the District's First Response Service Area. Upon receipt of an alarm for fire related
emergencies and/or emergency medical services and related emergency services for a
property in the City's corporate limits and within the District's first response Service
Area the following procedures shall be followed:
2) The City of Elgin Communications Center will dispatch the appropriate City of Elgin
Fire Department equipment based on the City's current response criteria for that location
and type of emergency.
3) The City of Elgin Communications Center will contact the District Dispatch Center in a
timely manner by telephone to request either a fire engine or an ambulance based on the
call type and appropriateness to the incident.
4) The District unit responding will advise via radio communications the City of Elgin
Communication's Division that they are en-route and indicate their unit number.
5) On arrival, the District response unit will contact the City of Elgin Communications
Division via radio communications and will acknowledge their arrival and any necessary
size-up information
2
6) Once on scene, the City's responding units will assume, where practical to do so and
circumstances permit, scene control or patient responsibility. The intent is to relieve the
District of further responsibility as quickly as possible so they may return to their
jurisdiction. As such, the Parties only expect first responder actions from the District.
The City's responding units will assume responsibility for patient transport unless a delay
in doing so would compromise patient care.
7) The respective Fire Chiefs of the City and the District along with the City's
Communications Director shall be responsible for the implementation of such procedures
and shall have the authority to refine or amend such procedures to ensure that 911 calls
for fire protection or emergency medical services for those portions of the City which are
to receive primary service from the District pursuant to this Agreement arc immediately
and properly routed to the District. Such procedures may be refined or amended only by
a written document executed by the respective Fire Chiefs of the City and the District
along with the City's Communication Director.
8) The City will provide first response automatic aid fire and emergency medical services
and related emergency services performed by fire departments to properties in the District
in the area identified as the City's First Response Service Area as depicted on the map
dated , 2010, attached hereto as Exhibit A. The District will continue to
receive all 911 calls from properties not within the City's corporate limits which are in
the City's First Response Service Area upon receipt of an alarm for fire related
emergencies and/or emergency medical services and related emergency services for a
property not within the City's corporate limits and within the City's First Response
Service Area, the following procedures shall be followed:
9) The District's Dispatch Center will dispatch the appropriate District equipment based
upon the District's current response criteria for that location and type of emergency.
10) The District's Dispatch Center will contact the City's communications Center in a timely
manner by telephone to request either a fire engine or an ambulance based on the call
type and appropriateness to the incident.
11) The City unit responding will advise the District Dispatch Center via radio
communications that they are en-route and indicate their unit number.
12) On arrival, the City response unit will contact the District Dispatch Center via radio
communications and will acknowledge their arrival and any necessary size up
information.
13) Once on scene, the District's responding units will assume, where practical to do so, and
circumstances permit, scene control or patient responsibility. The intent is to relieve the
City of further responsibility as quickly as possible so they may return to their
jurisdiction. As such, the Parties only expect first responder actions from the City. The
District's responding units will assume responsibility for patient transport unless a delay
in doing so would compromise patient care.
3
14) The respective Fire Chiefs of the City and the District along with the District's
Communications Director shall be responsible for the implementation of such procedures
and shall have the authority to refine or amend such procedures to ensure 911 calls for
fire protection and/or emergency medical services for those portions of the District which
are to receive primary services from the City pursuant to this Agreement are immediately
and properly routed to the City. Such procedures may be refined or amended only by a
written document executed by the respective fire chiefs of the City and the District along
with the District's Communication Director.
15) The District shall make one officer available to attend the meetings of the Elgin City
Council upon the City's request, and likewise the City shall make one officer available to
attend the meetings of the Rutland & Dundee Townships Fire Protection District upon the
District's request.
16) The City and the District will continue to respond to the other party's requests for
assistance pursuant to all mutual and automatic aid agreements currently existing
between them. Furthermore, the City and the District agree to adopt general
departmental orders requiring joint cooperation by and among the departments and which
amongst other things, specify emergency calls within the service areas designated by this
Agreement will be simultaneously dispatched to the greatest extent possible, that the first
arriving company shall assume and remain in command until a formal transfer of
command to the authority having jurisdiction occurs pursuant to the established incident
command system covering the areas described herein.
17) The Parties agree that the District may bill persons who are residents of either the City or
the District for emergency medical services rendered within the District's First Response
Service Area in uniformity with other areas of the District. If the City provides
emergency medical services to residents of the District, it may bill the recipients of such
services in the same manner and amount as are uniformly applied to residents of the City.
This practice is consistent with current MABAS policy.
Section Two: This Agreement shall be in full force and effect for its entire term and shall
supersede any agreement, resolution, or motion, or part of any agreement, resolution, or motion
in conflict with any part therein, and any such conflicting agreement, resolution, or motion is
hereby repealed to the extent of any conflict.
Section Three: If any section, paragraph, or provision of this Agreement shall be held invalid or
unenforceable for any reason, such invalidity or unenforceability shall not affect any of the
remaining provisions of this Agreement.
Section Four: This Agreement may be terminated by the City or the District upon thirty (30)
days written notice to the other party hereto whereupon this Agreement shall be terminated
without any further obligations of the parties hereunder.
4
Section Five This Agreement shall be binding upon and inure to the benefit of the District and
the City, and upon any persons or entities who may be assigned or otherwise succeed to all or
any portion of the authority, rights, duties, powers, functions or purposes of the District and the
City, or either of them. This Agreement and the obligations herein may not be assigned without
the express written consent of each of the Parties hereto which consent may be withheld at the
sole discretion of either of the Parties hereto.
Section Six: This Agreement is not intended and shall not be deemed or construed to create an
employment,joint venture,partnership or other agency relationship between the Parties hereto.
Section Seven: All notices or other communications to hereunder shall be in writing and shall
be deemed given if personally delivered sent by overnight courier or mailed by registered or
certified mail, return receipt requested, to the Parties at the following addresses, or at such other
addresses for a party as shall be specified by a like notice and shall be deemed received on the
date which said notice is hand delivered or the second business day following the date on which
so mailed:
TO THE CITY: TO THE DISTRICT:
City of Elgin Rutland and Dundee Townships
150 Dexter Court Fire Protection District
Elgin, IL 60120-5555 11 E. Higgins Road
Attention: Fire Chief P.O. Box 203
Gilberts, IL 60136
Attention: Fire Chief
Section Eight: It is agreed and understood by the Parties hereto that the services referred to in
this Agreement are general services only and that no special duties or obligations are intended
nor shall be deemed or construed to be created by this Agreement. It is further agreed and
understood that this Agreement is not intended nor shall be construed to alter, limit, or constitute
a waiver of any of the civil immunities afforded the City and/or District and/or their officials,
officers, employees and/or agents pursuant to the Local Governmental and Governmental
Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, the Emergency
Telephone System Act at 50 ILCS 750/0.01 et seq., as amended, the Emergency Medical
Services Systems Act at 210 ILCS 50/1 et seq., and/or otherwise provided by law, it being
agreed that all the civil immunities as set forth in such Acts, as amended, and/or as otherwise
provided by law shall fully apply to any claims asserted or which might be asserted against the
City and/or the District and/or their respective officials, officers, employees and/or agents as a
result of this Agreement or any actions of the Parties pursuant to this Agreement. Without
limiting the foregoing, it is further agreed and understood that the City and/or the District and/or
their respective officials, officers, employees and/or agents as a result of this Agreement or any
of the actions of the Parties pursuant to this Agreement shall not be liable to any other person or
entity for failure to provide adequate fire protection, rescue, or emergency service, failure to
suppress or contain a fire, failure to provide or maintain sufficient personnel, equipment or other
fire protection facilities, and/or for any act and/or omission in connection with the developing,
adopting, operating or implementing any plan or system relating to the City's and/or the
5
District's emergency telephone system. Notwithstanding anything to the contrary in this
Agreement, it is agreed and understood that no third party beneficiaries are intended or shall be
construed to be created by the provisions of this Agreement and it is the intention of the parties
hereto that no action may be commenced by any person or entity against the City and/or the
District and/or their respective officials, officers, employees, agents and/or other related persons
or entities for monetary damages for any alleged breach or failure to provide services described
in this Agreement. The provisions of this section shall survive any expiration and/or termination
of this Agreement.
Section Nine: This Agreement is subject to and shall be governed by 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.
Section Ten: The failure by a party to enforce any provision of this Agreement against the other
party shall not be deemed a waiver of the right to do so thereafter.
Section Eleven: This Agreement may be modified or amended only in writing signed by both
Parties hereto, or their permitted successors or assigns, as the case may be.
Section Twelve: This Agreement contains the entire agreement and understanding of the Parties
hereto with respect to the subject matter as set forth herein, all prior agreements and
understandings having been merged herein and extinguished hereby.
Section Thirteen: This Agreement is and shall be deemed and construed to be a joint and
collective work product of the City and the District and, as such, this Agreement shall not be
construed against the other party, as the otherwise purported drafter of same, by any court of
competent jurisdiction and in order to resolve any inconsistency, ambiguity, vagueness or
conflict, if any, in the terms of provisions contained herein.
Section Fourteen: The City and District agree that, in the event of a default by the other party,
the other shall, prior to taking any such action as may be available to it, provide written notice to
the defaulting party stating that they are giving the defaulting party fourteen (14) days within
which to cure such default. If the default shall not be cured within the fourteen (14) day period
aforesaid, then the party giving such notice shall be permitted to avail itself of remedies to which
it may be entitled under law.
IN WITNESS WHEREOF, the Parties, pursuant to proper and necessary authorization, have
executed this agreement consisting of seven pages, exclusive of exhibits on the dates shown
below.
SIGNATURE PAGE FOLLOWS
6
APPROVED AND ADOPTED on this day of , 2010.
CITY OF ELGIN Attest:
By: / .
By: \ _ �,� • ablki�
Mayor City Clerk
APPROVED AND ADOPTED on this I Y day of AVL f , 2010.
RUTLAND AND DUNDEE TOWNSHIPS Attest:
FIRE PROTECTION DISTRICT
By By: t411
President, B rd of Trustees SecretafST, Board of Trustees
F:\Legal Dept\Agreement\Intergovernmental Agreement-Rutland-Dundee FPD-10-28-09.doc
7
EXHIBIT A
MAP DEPICTING DISTRICT FIRST RESPONSE SERVICE AREA AND CITY FIRST
RESPONSE SERVICE AREA
MAPS ATTACHED
8
Exhibit A
•
Automatic Aid To Rutland Dundee F.P.D 1-3/,_,...ye_ / rf.2-
-11 , .
,,, .
,,,,, ______-----
''''..\\ .,__
. ,
\,:.,\
41 I I I I
11,6i
! , — ,,.
9( @sit._ .,..
c-2,1 .
\... \,__ ,
0: 0 • c...-4-------------''''..-*-----------1:i\ %--..,...... ..."......
2 I ,Or t] .
11
--- (�--� ( Mason Rd c---
1 j
cl/
%pi - Mrci 1- I
o `
7
CC
i a -i-I -- - \,_
i ----_,„
,_
! lam__ � r—
! 1 • 1 ` I I ^` amLA
1 -----4—__I s c ' L X0
C.) \ ..J
il 1 \ I
I '-iir a
11
MNI n
-'�'�.i, , E ji -- ------ -
i , II i _ L
friAtiri Flx Legend
fg `� Auto Aid
-Auto Aid from Rutland Dundee
06/02/2010 ds
4t*Pfi14tC Auto Aid to Rutland Dundee
Exhibit A
Automatic Aid From Rutland Dundee F.P.D et. e pf,2.
I . - H y _ �l .
Ill
Carlin ton Dr
jil illabl I ,_
S
a 1....,:
Pierre Sr Kathleen St Deer Ln
1
111
g h N
aQ'r3!)10s tie
90 d0
....... ...n i li
stosiGIN Put. Legend
Auto Aid
-Auto Aid from Rutland Dundee
06/02/2010 ds tf�PAR.1. E�� Auto Aid to Rutland Dundee
Agenda Rem No. 1")
City of Elgin
.5
k
°''i rrn t 4��•
lis
June 3, 2010 ` .d
TO: Mayor and Members of the City Council
r"�
FROM: Sean R. Stegall, City Manager !Q
John E. Henrici, Fire Chief
SUBJECT: Intergovernmental Agreement with the Rutland-Dundee Fire Protection District
for Automatic Aid
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider entering into an intergovernmental agreement with the Rutland-Dundee
Fire Protection District for the provision of automatic aid.
RECOMMENDATION
It is recommended that the City Council enter into an intergovernmental agreement with the
Rutland-Dundee Fire Protection District for the provision of automatic aid.
BACKGROUND
Automatic aid is based on the premise of providing a mutual response from two fire departments
in geographic areas where the potential exists for a neighboring fire department to arrive first.
Automatic aid responses do not relieve a municipality from responding with fire equipment, but
rather augment the municipality's response. This supplemental response is provided by each
municipality's fire department provided that an engine and/or ambulance are available from the
fire station closest to the address of the incident. This strategy aids in meeting the time-sensitive
importance of response to medical, fire or other emergencies and provides for efficient use of
resources between both municipalities
When a 911 call is received for an address within an identified automatic aid area, each
municipality will dispatch the appropriate resources (i.e., ambulance or fire engine). The fire
department arriving first begins the necessary action for dealing with the incident, regardless of
jurisdiction. The emphasis and philosophy is on providing high quality services to the citizens of
both municipalities.
The city currently has automatic aid agreements with the South Elgin Fire Protection District
(FPD) and the Pingree Grove FPD. These agreements have been in place for a period of years
. . •
Rutland-Dundee Automatic Aid Agreement
June 3, 2010
Page 2
and are working effectively to the benefit of the residents of each community. In 2009, Elgin
received automatic aid from the South Elgin FPD 92 times and provided automatic aid 75 times.
During 2009, the city received automatic aid from the Pingree Grove FPD 37 times and provided
automatic aid 28 times.
Geographic areas have been identified within the city and the Rutland-Dundee FPD that would
benefit from the same type of automatic aid agreement. Those identified areas are depicted in an
attached map referenced as Exhibit A.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
None.
L GAL IMPACT
None.
411)
ALTERNATIVES
1. The City Council may choose to enter into this intergovernmental agreement for mutual
aid with the Rutland-Dundee FPD.
2. The City Council may choose not to enter into this intergovernmental agreement for
mutual aid with the Rutland-Dundee FPD.
Respectfully submitted for Council consideration.
JH/rh
Attachments
. . , . .
OF
clik - City of Elgin Memorandum
'r )i "
Date: June 29, 2010
To: Jack Henrici, Fire Chief
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 10-127, Adopted at the June 23, 2010 Council Meeting
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• Intergovernmental Agreement with the Rutland and Dundee Townships Fire Protection
District for Automatic Fire and Emergency Medical Services