06-264 Resolution No. 06-264
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH THE 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 Agreement with the South Elgin and Countryside 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: October 25, 2006
Adopted: October 25, 2006
Vote: Yeas: 7 Nays: 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
9/8/06
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; 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 Exhibits 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 rapid 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 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 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 performed by fire departments to the certain
properties identified in Exhibit A. The City will continue to receive 911calls 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 the City of Elgin Communication's Division that
they are en-route and indicate their unit number over Elgin fire main frequency.
5) On arrival, the District response unit will contact the City of Elgin Communications
Division on fire main frequency and will acknowledge their arrival and any necessary
size-up information
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.
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The City's responding units will assume responsibility for patient transport unless a delay
in doing so would compromise patient car.
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 are 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 property in the District
identified as the City's First Response Service Area as defined in 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 that they are en-route
and indicate their unit number over South Elgin's main fire frequency.
12) On arrival, the City response unit will contact the District Dispatch Center on the South
Elgin fire main frequency 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.
14) 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 911 calls for
fire protection and/or emergency medical services for those portions of the District which
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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 City'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 South Elgin and Countryside 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 teiiu 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.
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.
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•
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 South Elgin and Countryside
150 Dexter Court Fire Protection District
Elgin, IL 60120-5555 150 W. State St.
Attention: Fire Chief South Elgin, IL 60177
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, 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 District's emergency telephone system. Notwithstanding anything to the
contrary in this Agreement, it is agreed and understood 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.
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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 6 pages, exclusive of exhibits on the dates shown below.
APPROVED AND ADOPTED on this day of 006
CITY OF ELGIN ATTEST:
By: _ By: oariew.t.,.
Mayor City Clerk
APPROVED AND ADOPTED on this a5- day o�, 2006.
SOUTH GIN AND C 6 , TRYSIDE ATTEST:
FIRE P 'OTECTI I N GIS RIC
B 11
Y i iI/I By:62mediet,Oed
..ident, Board of Trustees Secretary, Board of Trustees
F:\Legal Dept\Agreement\intergovernmental Agreement-South Elgin&Countryside FPD-clean-9-8-06.doc
6
LEGEND
Automatic Aid Agreement Map • Auto aid stations
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s,,6 "4t ti Memorandum
City of Elgin
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Date: October 17, 2006
To: Mayor and Members of the City Council
Olufemi Folarin, City Manager
From: William A. Cogley, Corporation Counsel
Subject: Proposed Intergovernmental Agreement with the South Elgin and Countryside
Fire Protection District for Automatic Fire and Emergency Medical Services
In an Executive Session several months ago the issue of the pending litigation between the South Elgin
and Countryside Fire Protection District and the city under Case No. 06 MRK 214 was discussed. As I
have recently advised you, such case was dismissed by the South Elgin and Countryside Fire Protection
District following the city's presentation of evidence which was a complete defense to such litigation.
Also discussed with the City Council was the possibility of an intergovernmental agreement continuing
reciprocal automatic aid services between the fire protection district and the city. Attached is such a
proposed Intergovernmental Agreement with the South Elgin and Countryside Fire Protection District.
The agreement may be summarized as follows:
I. Section 1 provides for mutual automatic aid services between the fire protection district and the
city and the procedures relating thereto. Exhibit A to the agreement depicts the areas in the city
for which the fire protection district will be providing automatic aid services and the areas in the
fire protection district for which the city will be providing automatic aid services.
2. The consideration for the agreement is the reciprocal automatic aid services. No monetary
payments from either party are provided for in the agreement.
3. Section 4 provides that the agreement may be terminated by the city or the district upon thirty(30)
days written notice to the other party.
Chief Falese has negotiated this agreement with the South Elgin and Countryside Fire Protection District
and is recommending approval thereof The agreement has been placed on the Other Business portion of
the City Council agenda for the next City Council meeting on October 25, 2006.
1/141K/
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Attachment
cc: Sean R. Stegall(w/attachment)
rur Mike Falese (w/attachment)
C
Resolution No. 06-264
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH THE 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 Agreement with the South Elgin and Countryside 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.
Ed Schock, Mayor
Presented: October 25, 2006
Adopted:
Vote: Yeas Nays
Recorded:
Attest:
Dolonna Mecum, City Clerk
Memorandum of Understanding
between the City of Elgin
and
the South Elgin & Countryside Fire Protection District
This memorandum of understanding extends the current automatic aid
agreement until 12:01 A.M. on Tuesday, August 1, 2006. There is no financial
compensation to either the City of Elgin or the South Elgin Fire District during
this period. All other provisions of the current agreement remain in effect.
This memorandum signed this day, June 29, 2006.
/ j/
• ph Cluchey, Fire Chief Rud Or' orist, Acting Fire Chief
•uth Elgin & Countryside Fire Di City of Elgin
` OFf4Ci
Memorandum
City of Elgin
or
°I6TED 4E'b
Date: March 15, 2007
To: Loni Mecum, City Clerk
From: William A. Cogley, Corporation Counsel
Subject: Intergovernmental Agreement with South Elgin Fire Protection District for
Automatic Fire and Emergency Services
Attached for the City Clerk's files find a fully executed copy of the above-referenced agreement.
2p/
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Attachment