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HomeMy WebLinkAbout12-81Resolution No. 12 -81 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION DISTRICT FOR FIRE DISPATCH SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement Between the City of Elgin and the South Elgin and Countryside Fire Protection District on behalf of the City of Elgin for fire dispatch and radio communication services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 25, 2012 Adopted: April 25, 2012 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION DISTRICT FOR FIRE DISPATCH SERVICES This Agreement is made and entered into this 25th day of April, 2012, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City "), and the South Elgin and Countryside Fire Protection District, a Fire Protection District organized and existing under the laws of the State of Illinois (hereinafter referred to as "SECFPD "). WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine or transfer any power of function in any manner not prohibited by law or by ordinance; and WHEREAS, the Illinois Governmental Cooperation Act, 5 ILCS 220/1, et seq., further authorizes intergovernmental cooperation; and WHEREAS, the City and SECFPD desire to enter into an Intergovernmental Agreement whereby the City shall provide for SECFPD certain fire dispatch services described herein. NOW, THEREFORE, in consideration of the mutual undertaking as set forth herein, the City and SECFPD hereby agree as follows: 1. Recitals: The foregoing recitals are hereby incorporated into this Agreement. 2. Term: The term of this Agreement shall be effective May 1, 2012, through April 30, 2015; provided, however, that either party hereto may terminate this Agreement for any reason, effective three hundred sixty -five (365) days from the date of written notice of such termination without penalty or additional liability. In the event of such termination, payments provided for herein shall be made on a pro rata basis, and shall terminate on the date of termination of this Agreement. 3. Services: The City agrees to provide fire dispatch and radio communication services to SECFPD for SECFPD's fire operations under the terms and at the payment rate set forth herein. "Communication Services" means the monitoring of all radio and alarm signals within the SECFPD territory and dispatching and of SECFPD personnel to places where services are requested. The City will be providing SECFPD dispatch and radio communication services for its fire operations including fire and emergency medical services from the City's emergency communications center. The City and SECFPD shall operate on the existing frequencies and equipment currently owned by SECFPD with the radio consoles in the city's emergency communications center having the ability to interact on SECFPD's frequency. This will be accomplished by utilizing RTNC circuits between the City's emergency communications center and SECFPD owned equipment. Should there be a catastrophic failure of these associated circuits or with the SECFPD equipment, the parties will use the City's VHF fire back -up channel. It is further understood that persons within the territory of the SECFPD calling 911 will initially be connected with the Kane County dispatch center. Kane County will need to forward the calls requiring SECFPD fire or EMS services to the City's emergency communications center for dispatching to SECFPD. SECFPD shall be responsible for coordinating and implementing with Kane County the procedures to forward calls requiring SECFPD services to the City's emergency communications center. SECFPD shall also be responsible for coordinating and implementing the procedures and to forward any other radio and alarm signals regarding a request for services or alarm signals within the SECFPD territory to the City's emergency communications center. The City's obligations to provide SECFPD dispatch and/or radio communication services apply only to calls or alarms forwarded to or otherwise actually received by the City at the City's emergency communications center. -2- 4. Cost: SECFPD shall pay the City an annual fee of Fifty -Five Thousand Dollars ($55,000.00). Payment of this fee shall occur in 12 equal monthly payments of $4,583.33 per month, due on the 15th day of each month of this Agreement. 5. Indemnity: Each party shall indemnify, defend and hold harmless the other party, its officers, officials, employees, agents and volunteer harmless from any and all claims, injuries, damages, losses or suits, including attorney's fees, arising out of the negligent, reckless or intentional acts, errors or omissions of the indemnifying party, its officers, officials, employees, agents and volunteers in the performance of its obligations under this Agreement, except to the extent the injuries or damages were caused by the indemnified party. The provisions of this paragraph shall survive any expiration or termination of this Agreement. 6. Insurance: Each party shall be responsible for maintaining its own liability and property insurance against losses or liability related to this Agreement. 7. No Third Party Beneficiaries: There are no third party beneficiaries to this Agreement. No person or entity other than a party to this Agreement shall have any rights hereunder or any authority to enforce its provisions and any such rights or enforcement must be consistent with and subject to the terms of this Agreement. This Agreement shall not be construed so as to create any special duty to any entity not a party to this Agreement. 8. Notices: All notices under this Agreement shall be given in writing sent via First Class mail address to the following persons: To South Elgin and Countryside Fire Protection District: District President South Elgin and Countryside Fire Protection District 150 S. State Street South Elgin, IL 60177 -3- To City of Elgin: Chief of Police City of Elgin Police Department 151 Douglas Avenue Elgin, IL 60120 and Fire Chief City of Elgin Fire Department 550 Summit Elgin, IL 60120 With a copy to: City of Elgin Corporation Counsel 150 Dexter Court Elgin, IL 60120 9. Administration: No separate legal or administrative entity is created by this Agreement. The Chief of the SECFPD and the Chief of Police and Fire Chief of Elgin will jointly administer this Agreement. 10. Immunities: It is agreed and understood that the services to be provided pursuant to this Agreement are intended to be the same services generally available to the general public and that no additional legal obligations or duties are intended or shall be construed to have been created by this Agreement. It is further understood and agreed that this Agreement is not intended nor shall be construed to alter, limit or constitute a waiver of any of the civil immunities afforded to the City and /or SECFPD 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 5011 et seq., as amended; and /or otherwise provided by law, it being agreed that all of the civil immunities as set forth in such Acts, as amended, and/or otherwise provided by law, shall fully apply to any and all claims asserted or which might be asserted against the City and/or SECFPD and/or their respective officials, officers, employees M and/or agents as a result of this Agreement or any of the actions of the parties pursuant to this Agreement. Without limiting the foregoing and notwithstanding anything to the contrary in this Agreement, it is agreed and understood that no third -party beneficiaries are intended 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 SECFPD 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. 11. Severability: If any section, sentence, clause or phrase of this Agreement is held to be invalid, unconstitutional or otherwise unenforceable by a court of competent jurisdiction, such invalidity, unconstitutionality or unenforceability shall not affect the validity, constitutionality or enforceability of any other section, sentence, clause or phrase of this Agreement. 12. Entire Agreement: This Agreement represents the entire understanding and agreement of the parties concerning its subject matter and supersedes all prior discussions and understandings. This Agreement may be modified only by written instrument signed by both parties. [ SIGNATURE PAGE FOLLOWS ] -5- IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement as of the date and year first written above. CITY OF ELGIN �. w SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION D TRICT By: i e ident, Board of Trustees, SECFPD ATTEST &'tA Kimberly A. bewis, City Clerk ATTEST Secretary, Board of Trustees, SECFPD FALegal Dept \Agreement \Intergovernmental Agreement -CE and South Elgin Countryside FPD- 4- 16- 12.doex 0