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03-225 Resolution No. 03-225 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH SOUTH ELGIN AND COUNTRYSIDE 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 Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the South Elgin and Countryside Fire Protection District 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: August 13 , 2003 Adopted: August 13 , 2003 Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE SOUTH ELGIN AND COUNTRYSIDE 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 South Elgin and Countryside 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 South Elgin and Countryside Fire Protection District to cooperate in providing continued fire protection and emergency medical services upon certain lands which have previously been or are presently within or serviced by the District and which have been or will be annexed to the City; 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 by a public agency of this State 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 statute; and WHEREAS, both Parties have the capability of providing fire protection and emergency medical service to the area for their mutual aid and protection; and WHEREAS, the Parties hereto have determined that it is in their best interests to enter this 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 Exhibits A and B 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 rapid growth of the Subject Area must involve cooperation and planning by both Parties, individually and collectively, so as to correlate the amount of taxes to be raised with the cost of services to be rendered, both individually or collectively; and WHEREAS, both of the Parties have previously shared services by virtue of automatic aid and 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 be jointly planned for the District's First Response Service Area 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 2 serve so as to minimize duplication of effort and expenses and to assure public funds will be best utilized for the purposes herein; and WHEREAS, the Parties agree that neither the District nor City shall either directly or indirectly seek or support any modification of this Agreement through court action, and this Agreement shall remain in full force and effect for its full term as set forth below. 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: a) The District will provide first response automatic aid fire and emergency medical services and related emergency services performed by fire departments to property in the District's First Response Service Area which has previously been annexed into the City or is annexed into the City on or after the effective date of this Agreement which area is identified in Exhibit A. The City will continue to receive all 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: 1) 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 2) The City of Elgin Communications Center will contact the District Dispatch Center by telephone to request either a Fire Engine or an Ambulance based on the call type and appropriateness to the incident. 3) The District unit responding will advise the City of Elgin Communications Division that they are en-route and indicate their unit number over the IFRN frequency. 4) The City of Elgin Communications Division will contact the responding apparatus from the City and advise them of the unit number of the responding District equipment. 5) The responding City apparatus will contact the District response unit and advise them who is responding from Elgin. 6) On arrival, the District response unit will contact the City of Elgin Communications Division on IFRN frequency and will acknowledge their arrival and any necessary size-up information. 7) 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 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. The respective fire chiefs of the City and the District along with the City's police chief shall be responsible for the implementation of such procedures and shall have the authority to refine or amend such 4 procedures to insure 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 are immediately and properly routed to the District. Such procedures may be refined or amended only in writing executed by the respective fire chiefs of the City and the District along with the City's police chief. b) The City will provide first response automatic aid fire and emergency medical services and related emergency services performed by fire departments to property in the District identified as the City's First Response Service Area as defined in Exhibit B. 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: 1) 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. 2) The District's Dispatch Center will contact the City's Communications Center by telephone to request either a fire engine or an ambulance based on the call type and appropriateness to the incident. 3) The City unit responding will advise the District Dispatch Center that they are en route and indicate their unit number over the IFRN frequency. 5 4) The District Dispatch Center will contact the responding apparatus from the District and advise them of the unit number of the responding City equipment. 5) The responding District apparatus will contact the City response unit and advise them who is responding from the District. 6) On arrival, the City response unit will contact the District Dispatch Center on the IFRN frequency and will acknowledged their arrival and any necessary size up information. 7) 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. The respective fire chiefs of the City and the District along with the City's police chief shall be responsible for the implementation of such procedures and shall have the authority to refine or amend such procedures to insure that 911 calls for fire protection and/or emergency medical services for those portions of the District which are to receive primary service from the City pursuant to this Agreement are immediately and properly routed to the City. Such procedures may be refined or amended only in writing executed by the respective fire chiefs of the City and the District along with the City's police chief. c) The District shall make one officer available to attend the meetings of the City Council upon the City's request. 6 d) The City shall remain the authority to perform plan reviews, conduct fire inspections and to do Public Education classes as requested for all properties located within the corporate limits of the City. Said properties shall meet all City of Elgin and Elgin Fire Department codes. The District will assist the City from time to time as agreed upon in performing fire inspections of and in pre-fire planning for these properties. The City shall continue to retain permit fees and all other fees as agreed upon during annexations. e) 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. f) 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. 7 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 herein, 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 shall be effective from July 1, 2003 through June 30, 2006. Section Five: This Agreement shall be binding upon and inure to the benefit of this District and this 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 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: 8 TO THE CITY: TO THE DISTRICT: City of Elgin South Elgin and Countryside 150 Dexter Court Fire Protection District Elgin, IL 60120-5555 150 W. State Street Attention: City Manager South Elgin, IL 60177 Attention: President with a copy to Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 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 the District and/or their employees pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, it being agreed that all of the civil immunities as set forth in such Act, as amended, shall fully apply to any claims asserted or which might be asserted against the City and/or the District and/ or their respective officers and/or employees as a result of this Agreement or any actions of the Parties pursuant to 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. 9 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 or provisions contained herein. Section Fourteen: The City and District agree that, in the event of a default by the other party, the other party 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. Section Fifteen: This Agreement and the obligations of the Parties hereunder are contingent upon and subject to the Parties also entering into and performing their respective obligations of that certain Settlement Agreement between the City of Elgin and the South Elgin and Countryside Fire Protection District Regarding The Annexation 10 and Disconnection of Properties to be entered into between the Parties simultaneously with the entry into and execution of this Intergovernmental Agreement. IN WITNESS WHEREOF, the Parties, pursuant to proper and necessary authorization, have executed this Agreement, consisting of 11 pages, exclusive of exhibits on the dates shown below. APPROVED AND ADOPTED on this / 3711- day of August, 2003 CITY OF ELGIN ATTEST: 9 By: �.�► cc By: Mayor City Clerk APPROVED AND ADOPTED on this i-k day of August, 2003 SOUTH ELGIN AND COUNTRYSIDE ATTEST: FIRE PROTEC ION 'IS ICT inc C1 , By: ' B • -,A# Z.` / 'resident, Board of Trustees Secretary, Board of Trustees F:\Legal Dept\Agreement\Fire Protection-SE-Countryside-Amended-WAC.doc 11