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HomeMy WebLinkAbout20-76 Resolution No. 20-76 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH 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 on behalf of the City of Elgin with South Elgin and Countryside Fire Protection District,for fire dispatch services,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: May.27, 2020 Adopted: May 27, 2020 Vote: Yeas: 9 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 27th day of May 2020, 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 Intergovernmental Cooperation Act, 5 ILCS 220/1,etseq.,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 for five (5) years from May 1, 2020 through April 30,2025. Notwithstanding the foregoing,the third,fourth and fifth years of the term of this Agreement(i.e.from May 1,2022 to April 30,2023;from May 1,2023 to April 30,2024; and from May 1, 2024 to April 30, 2025) are subject to and contingent upon the parties reaching agreement on the amount of the annual fee for such years as provided in Section 4C hereof. In addition thereto, and notwithstanding anything to the contrary in this Agreement, either party hereto may also 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 shall 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 of SECFPD personnel to places where services are requested. The City shall provide 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 shall 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 shall use the City's VHF fire back-up channel. It is further agreed and understood that persons within the territory of the SECFPD calling 911 shall 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 -2- i 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. 4. Cost: A. For the first.year of this Agreement from May 1, 2020 to April 30, 2021, SECFPD shall pay the City the annual fee of One Hundred and Thirteen Thousand Seven Hundred and Seventy Five Dollars ($113,775). Payment of this fee shall occur in 12 equal monthly payments of$9,481.25 per month, due on the 15`'day of each month of this Agreement. B. For the second year of the term of this Agreement from May 1, 2021, to April 30,2022, SECFPD shall pay the City the annual fee of One Hundred and Thirteen Thousand and Seventy Five Dollars ($113,775) increased in the amount to incorporate the City's increased costs for any salary and benefit increases for the City's telecommunicators in the previous year. Such an increase in the City's costs for any salary and benefit increases for the City's telecommunicators shall be calculated on a percentage basis comparing the prior year salary and benefit costs for the telecommunicators to the subsequent year salary and benefit costs for the telecommunicators as determined by the City. For the purposes of clarification and example, if the City's costs.for salary and benefits for the City's telecommunicators increases by 2 %s% from the prior year, the annual fee of$113,775 shall likewise be increased by 2 %%. Payment of such annual fee shall occur in 12 equal monthly installments per month, due on the 15'of each month. C. For the third, fourth and fifth years of the term of this Agreement,(i.e. from May 1, 2022 to April 30, 2023; from May 1, 2023 to April 30,.2024; and from May 1, 2024 to April 30, 2025) SECFPD shall pay the City the annual fee in an amount as agreed to by the City -3- and SECFPD. Not less than ninety(90)days prior to the expiration of the then current year period, the City shall provide SECFPD written notification of the amount of the annual fee to be charged by the City to SECFPD for the subsequent one-year period. For the purposes of clarification and example, for the third year of the term of this Agreement,the City shall provide SECFPD written notification not later than January 30, 2022, of the amount of the annual fee to be charged by the City to SECFPD for the subsequent third-year period of this Agreement. In the event SECFPD agrees to the annual fee communicated by the City, it shall confirm such agreement in writing to the City within sixty(60) days after such written notification by the City and this Agreement shall continue for the subsequent one-year period. In the event SECFPD does not agree to the annual fee proposed by the City,or SECFPD otherwise fails to agree in writing as provided in this Section 4C to the annual fee proposed by the City for the subsequent one-year period,this Agreement shall terminate at the conclusion of the then current annual period/term, without further obligation or liability by the parties hereto. 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, excluding 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. -4- j i 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 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, 1L 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 shall 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 -5- 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 l0/1-101 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., 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 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 -6- understandings. This Agreement may be modified only by written instrument signed by both parties. 13. Execution: This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the parties hereto have entered. into and executed this Agreement as of the date and year first written above. CITY OF E GIN ATTES A4ic By: I David J. Kapt , M or imberly A. e is, City Clerk SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION DISTRICT ATTEST By: President, Board of Trustees, SECFPD Secretary, Board of Trustees, SECFPD F:U.egal DeptWgreementUntergovernmental Agreement-CE and South Elgin Countryside FPD-5-18-20-Cleandocx -7-