13-72 Resolution No. 13-72
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH THE HUNTLEY 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 Huntley 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: April 24, 2013
Adopted: April 24, 2013
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
3/7/13
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ELGIN AND THE HUNTLEY 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
Huntley 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 Huntley 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 automdti&:1=
aid fire and emergency medical services to areas within the Parties' respective jurisdictions as
more fully depicted 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.
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,
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, said area
being that portion of Interstate 90 (I-90) as depicted on the map dated [INSERT DATE],
2012; attached hereto and previously incorporated herein as Exhibit A. It is agreed and
understood that the District's obligation to provide such first response automatic aid is
subject to the District's reasonable ability to do so. The City will continue to receive 911
calls from properties and/or the portions of 1-90 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 or portion of I-90 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
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, said area being that
portion of Interstate 90 (I-90) as depicted on the map dated [INSERT DATE], 2012,
attached hereto and previously incorporated herein as Exhibit A. It is agreed and
understood that the City's obligation to provide such first response automatic aid is
subject to the City's reasonable ability to do so. The District will continue to receive all
911 calls from properties and/or the portions of I-90 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 or portion of I-90 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.
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 Huntley 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*se&Vice§�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 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.
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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 Huntley Fire Protection District
150 Dexter Court 11808 Coral St
Elgin, IL 60120-5555 Huntley, IL 60142
Attention: Fire Chief 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 5011 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
District's emergency telephone system. Notwithstanding anything to the contrary in this
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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
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APPROVED AND ADOPTED on this 24th day of April , 2013.
CITY OF ELGIN Attest:
By: By: �k�
Mayor City Clerk
APPROVED AND ADOPTED on this day of 2013.
HUNTLEY FIRE PROTECTION DISTRICT Attest:
By: By:
President, Board of Trustees Secretary, Board of Trustees
FALegal Dept\Agreement\lntereovemmental Agreement-Huntley FPD-c lean-3-7-13.docx
EXHIBIT A
MAP DEPICTING DISTRICT FIRST RESPONSE SERVICE AREA AND CITY FIRST
RESPONSE SERVICE AREA
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Exhibit A
Automatic Aid from Huntley Fire District
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Automatic Aid to Huntley Fire District
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ELGIN
THE CITY IN THE SUBURBS
DATE: May 9, 2013
TO: Dave Schmidt, Assistant Fire Chief
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 13-72 Adopted at the April 24, 2013, Council Meeting
Enclosed you will find the agreement listed below. Please have these agreements signed and
executed by the Huntley Fire Protection District and return one fully executed copy to the City
Clerk's office for the City's records. If you have any questions please feel free to contact our
office 847-931-5660 and we will do our best to assist you. Thank you.
• Intergovernmental Agreement with the Huntley Fire Protection District for
Automatic Fire and Emergency Medical Services