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12-34 Resolution No. 12-34 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE EAST DUNDEE 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 David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement with the East Dundee 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/ David J Kaptain David J. Kaptain, Mayor Presented: February 22, 2012 Adopted: February 22, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 03/01/12 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE EAST DUNDEE 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 East Dundee & 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 East Dundee & 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 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;" and WHEREAS, the City and District realize that the growth of the Subject Area should involve cooperation and planning by both Parties; and 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 performed 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 March 1, 2012, 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: a) 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. b) 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. c) 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. d) 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 e) 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. f) 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. 2) 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 March 1, 2012, 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: a) 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. b) 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. c) The City unit responding will advise the District Dispatch Center via radio communications that they are en-route and indicate their unit number. d) 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. e) 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 f) 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. 3) 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 East Dundee & Countryside Fire Protection District upon the District's request. 4) 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. 5) 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 East Dundee & Countryside 150 Dexter Court Fire Protection District Elgin, IL 60120-5555 115 E. Third Street Attention: Fire Chief East Dundee, IL. 60118 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 22nd day of February , 2012. CITY OF ELGIN Attest: Mayor City Clerk APPROVED AND ADOPTED on this 22nd day of February , 2012. EAST DUNDEE & COUNTRYSIDE Attest: FIRE PROTECTION DISTRICT 1 i President, Board of Trustees tary, Board of Trustees i F:\Legal Dept\Agreement\Intergovernmental Agreement-East Dundee&Countryside FPD-2012.doc 7 EXHIBIT A MAP DEPICTING DISTRICT FIRST RESPONSE SERVICE AREA AND CITY FIRST RESPONSE SERVICE AREA 8 Exhibit A Automatic Aid from East Dundee F.P.D � s E !� \.♦fO ; 1 :a; 5 y �ma sa r r Jcam' Brandt Dr r ,fL------------------------------------------` Huron Of �. f`� ' Meagan Ct /J fill E`\,yw 93111 ! � Il Legend - Auto Aid from East Dundee 01/31/2012 ds Exhibit A Automatic Aid to East Dundee F.P.D NOW kii .......... AM ! Yx r s { { Y ���1. �� ���•-,y � �?.�R� ". 1�6s i w Vii,�.a.�� ! d�room`�. n ,i 4* � '"� P . r r � w � •� t � � � +, e""§r�,r x ?Ya e�,a 8*+ i r t; N 10 a �I " a 4 r { r a �a !j'r � ��.� �? 'F' �t� mow?a '���. + ,•i�a Sri a � v I fir! 1 i tib�"45' w„1p*y� �' lra�>it�*tyu� KIT Srmset Dr ” Dr� ' lei � �• .w, ----,-�._ � ��! � r Legend Auto Aid to East Dundee 01/31/2012 dsARTIIL ELGIN ...._..... _._,_._... __,_ .__ THE CITY IN THE SUBURBS- AGENDA ITEM: E MEETING DATE: February 8, 2012 ITEM: Intergovernmental Agreement with the East Dundee and Countryside Fire Protection District for Automatic Aid (No Cost to the City) OBJECTIVE: Provide and receive automatic aid with East Dundee and Countryside Fire Protection District in an effort to improve response times. RECOMMENDATION: Approve the intergovernmental agreement with the East Dundee and Countryside Fire Protec- tion District for the provision of automatic aid. BACKGROUND Automatic aid is based on the premise of providing a mutual response from two fire depart- ments in geographic areas where the potential exists for a neighboring fire department to ar- rive first. Automatic aid responses do not relieve a municipality from responding with fire equipment, but rather enhance the municipality's response. This supplemental response is pro- vided 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 meet- ing the time-sensitive importance of response to medical, fire or other emergencies and pro- vides for efficient use of resources between both municipalities. Elgin is in close proximity to other fire jurisdictions and automatic aid assistance is beneficial to participating departments, as well as those in need of an emergency response. OPERATIONAL ANALYSIS When a 911 call is received for an address within an identified automatic aid area, each munici- pality will dispatch the appropriate resources (i.e., ambulance or fire engine). The fire depart- ment arriving first begins the necessary action for dealing with the incident, regardless of juris- diction. 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 } 1 (FPD), Pingree Grove FPD and the Rutland Dundee FPD. These agreements have been in place for a period of years and are working effectively to the benefit of the residents of each commu- nity. In 2011, Elgin's automatic aid consisted of the following: • Received from South Elgin FPD 90 times/ provided to 94 times • Received from Rutland Dundee FPD 79 times/ provided to 14 times • Received from the Pingree Grove FPD 65 times/provided to 50 times Geographic areas have been identified within the city and the East Dundee and Countryside 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. INTERESTED PERSONS CONTACTED East Dundee and Countryside FPD personnel were contacted pertaining to this agreement. FINANCIAL ANALYSIS Staff expects that the aid received from the East Dundee and Countryside FPD will be commen- surate with that provided and therefore cost neutral. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A LEGAL IMPACT None. ALTERNATIVES The city council may elect not to enter into an automatic aid intergovernmental agreement be- tween Elgin and the East Dundee and Countryside Fire Protection District. NEXT STEPS Finalize the agreement. 2 Originators: David Schmidt, Assistant Fire Chief John Fahy, Fire Chief Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A: Maps of Response Areas B: Intergovernmental Agreement with East Dundee and Countryside Fire Protection Dis- trict 131 3 Exhibit A► Automatic Aid from East Dundee F.P.D a � a � s 3, Y I JI I call I Brandt far l - ...: .. `� -' ------------------------------------------7 M ro n D r Meagan Ct t is all 1(� 1�� (t �10 ` Legend u, Auto Aid from East DundPe 01,13112012 " Exhibit A Automatic Aid to East Dundee F.P.D r 3 7, i7r, E�.dt� �, �� �''+ it, •x`91 �£ ����' rc ttrr. 4 z 3 z c � t l f l 4 €j Sunset Dr i /so f a � . t . Airport Rd -.. n $t.��#Jt Cdr �� __ __ 0' Legend Auto Aid to East Dundee 01/3112012 d spg„ 03/01/12 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE EAST DUNDEE 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 East Dundee & 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 East Dundee & 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 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;" and WHEREAS, the City and District realize that the growth of the Subject Area should involve cooperation and planning by both Parties; and 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 performed 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 March 1, 2012, 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: a) 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. b) 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. c) 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. d) 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 eolk 2 e) 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. f) 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. 2) 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 March 1, 2012, 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: a) 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. b) 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. c) The City unit responding will advise the District Dispatch Center via radio communications that they are en-route and indicate their unit number. d) 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. e) 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 f) 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. 3) 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 East Dundee & Countryside Fire Protection District upon the District's request. 4) 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. 5) 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 East Dundee & Countryside 150 Dexter Court Fire Protection District Elgin, IL 60120-5555 115 E. Third Street Attention: Fire Chief East Dundee, IL. 60118 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 r 6 APPROVED AND ADOPTED on this day of 32012. CITY OF ELGIN Attest: By: By: Mayor City Clerk APPROVED AND ADOPTED on this day of , 2012. EAST DUNDEE& COUNTRYSIDE Attest: FIRE PROTECTION DISTRICT By: By: President, Board of Trustees Secretary, Board of Trustees F:\Legal Dept\Agreement\Intergovernmental Agreement-East Dundee&Countryside FPD-2012.doc 7 EXHIBIT A MAP DEPICTING DISTRICT FIRST RESPONSE SERVICE AREA AND CITY FIRST RESPONSE SERVICE AREA 8