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16-6 Resolution No. 16-6 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVER MENTAL AGREEMENT WITH BARTLETT FIRE PROTECTION I ISTRICT FOR AUTOMATIC FIRE AND EMERGENCY ME ICAL SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF TH: 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 Barth tt Fire Protection District on behalf of the City of Elgin for automatic fire and emergency medical s-rvices, a copy of which is attached hereto and made a part hereof by reference. s/Da 'd J. Ka•tain David J. Kaptain, Mayor Presented: January 27, 2016 Adopted: January 27, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 10/27/15 INTERGOVERNMENTAL AGR EMENT BETWEEN THE CITY OF ELGIN AND THE BARTLET FIRE PROTECTION DISTRICT FOR AUTOMATIC FIRE AND EMERGENCY MEDICAL SERVICES This agreement is made and entered on the last date •et forth next to the signatures of the Bartlett Fire Protection District(the"District") and the City o Elgin(the"City") (collectively,the "Parties"), that have approved this Agreement in the manner .rovided by law. WHEREAS, the City and District realize that it is i the best interests of the residents of the City of Elgin and the Bartlett Fire Protection District to cooperate in providing continued fire protection and emergency medical services upon certain lane s; and WHEREAS, Article VII, Section 10 of the Illinois I onstitution authorizes units of local government to enter into agreements "to obtain or share s:rvices and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or ordinance"; and WHEREAS,the"Intergovernmental Cooperation Alt," 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 ith any other public agency of the State..."; and WHEREAS, the Parties are both public agencies as efined by statue; and WHEREAS,both Parties have the capability of pro iding fire protection and emergency medical services to the area for mutual aid and protection; . d WHEREAS, the Parties hereto determined that it is i their best interests to enter into this agreement to secure to each the benefits of cooperation in the District providing first response automatic aid fire and emergency medical services to areas ithin the City's jurisdiction as more fully described on Exhibit A attached hereto and made a p.rt hereof by reference. The area for which the District will provide first response emergency se ices to the City shall hereinafter be referred to as either the "District's First Response Service • rea" This service area is sometimes referred to as the "Subject Area;" and WHEREAS, both of the Parties have previously sh;red services by virtue of mutual aid agreements; and WHEREAS, the Parties acknowledge that it is in t;e best interests of their taxpayers to continue to provide cooperative services so that the res.urces of both Parties can be most effectively utilized in providing effective and cost efficient re protection and emergency medical services to their respective jurisdictions and to the Subject • rea; and WHEREAS, the Parties acknowledge fire protectio and emergency medical services should where practicable be planned so as to minimize dupli ation of effort and expenses and to assure that public funds will be best utilized for the purposes erein; and WHEREAS, the Parties acknowledge that it is in th:ir best interests to continually work together to keep evaluating the present and future needs of the •ublic that they serve as to minimize duplication of effort and expenses and to assure public funds ill be best utilized for the purposes herein; and NOW, THEREFORE, for and in consideration o i the mutual undertakings set forth herein, and other good and valuable consideration, the recei• and sufficiency of which is hereby acknowledged, the Parties do hereby enter into this Inter:overnmental Agreement upon the following terms and conditions: Section One: The Parties agree that: 1) The District will provide first response automatic aid re and emergency medical Services and related emergency services performed by fire dep.rtments to the properties in the City in the area identified as the District's First Response .ervice Area as depicted on the map dated September 24, 2015, attached hereto as Exhibit . 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 .ervices for a property in the City's corporate limits and within the District's first reponse Service Area the following procedures shall be followed: a) The City of Elgin Communications Center will d spatch 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 clIntact the District Dispatch Center in a timely manner by telephone to request an ALS ire engine to the incident. c) The District unit responding will advise via radi• 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 contao the City of Elgin Communications Division via radio communications and will o cknowledge their arrival and any necessary size-up information e) Once on scene, the City's responding units will ssume, where practical to do so and circumstances permit, scene control or patient r;sponsibility. The intent is to relieve the District of further responsibility as quickly a• possible so they may return to their jurisdiction. As such, the Parties only expect firs responder actions from the District. The City's responding units will assume respon.ibility for patient transport unless a delay in doing so would compromise patient care 2 f) The respective Fire Chiefs of the City and the ID istrict along with the City's 911 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 mu dical 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 t the District. Such procedures may be refined or amended only by a written docum•nt executed by the respective Fire Chiefs of the City and the District along with the 1 ity's 911 Communication Director. 2) The District shall make one officer available to att:nd the meetings of the Elgin City Council upon the City's request, and likewise the Cit shall make one officer available to attend the meetings of the Bartlett Fire Protection Dis rict upon the District's request. 3) The City and the District will continue to respond to th other party's requests for assistance pursuant to all mutual aid agreements currently existil g between them. Furthermore, the City and the District agree to adopt general departmen al orders requiring joint cooperation by and among the departments and which amongst o her things, specify emergency calls within the service areas designated by this Agreeme t will be simultaneously dispatched to the greatest extent possible, that the first arriving •.mpany 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. 4) The Parties agree that the District may bill persons w o 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 Dis rict. If the City provides emergency medical services to residents of the District, it may .ill the recipients of such services in the same manner and amount as are uniformly ap a lied to residents of the City. This practice is consistent with current MABAS policy. Section Two: This Agreement shall supersede any agreem•nt, resolution, or motion, or part of any agreement, resolution, or motion in conflict with any p;rt therein, and any such conflicting agreement, resolution, or motion is hereby repealed to the ex ent of any conflict. Section Three: If any section, paragraph, or provision of th s Agreement shall be held invalid or unenforceable for any reason, such invalidity or unenfor ability shall not affect any of the remaining provisions of this Agreement. Section Four: This Agreement may be terminated by the Cit, or the District upon thirty(30)days written notice to the other party hereto whereupon this Agree ent shall be terminated without any further obligations of the parties hereunder. Section Five: This Agreement shall be binding upon and i ure to the benefit of the District and the City, and upon any persons or entities who may be assi ed or otherwise succeed to all or any portion of the authority, rights, duties, powers, functions or eurposes of the District and the City, or either of them. This Agreement and the obligations her.in may not be assigned without the 3 express written consent of each of the Parties hereto which s nsent may be withheld at the sole discretion of either of the Parties hereto. Section Six: This Agreement is not intended and shall not .e deemed or construed to create an employment,joint venture, partnership or other agency relati o nship between the Parties hereto. Section Seven: All notices or other communications to here der shall be in writing and shall be deemed given if personally delivered sent by overnight courie or mailed by registered or certified mail, return receipt requested, to the Parties at the following .ddresses, or at such other addresses for a party as shall be specified by a like notice and shall be •eemed received on the date which said notice is hand delivered or the second business day follo ing the date on which so mailed: TO THE CITY: TO THE DISTRICT: City of Elgin Bartlett 'ire Protection District 150 Dexter Court 234 N. •ak Ave Elgin, IL 60120-5555 Bartlett, L 60103 Attention: Fire Chief Attentio : Fire Chief Section Eight: It is agreed and understood by the Parties h-reto that the services referred to in this Agreement are general services only and that no special •uties 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 .iter, limit, or constitute a waiver of any of the civil immunities afforded the City and/or Dis 'et and/or their officials, officers, employees and/or agents pursuant to the Local Governmenta and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, th, Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as amended, the Emergency ledical Services Systems Act at 210 ILCS 50/1 et seq., and/or otherwise provided by law, it beinL agreed that all the civil immunities as set forth in such Acts, as amended, and/or as otherwise pro ided by law shall fully apply to any claims asserted or which might be asserted against the Cty and/or the District and/or their respective officials, officers, employees and/or agents as a re.ult of this Agreement or any actions of the Parties pursuant to this Agreement. Without limiting t e foregoing, it is further agreed and understood that the City and/or the District and/or their res•ective officials, officers, employees and/or agents as a result of this Agreement or any of the a•tions 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 t r contain a fire, failure to provide or maintain sufficient personnel,equipment or other fire protecti in facilities,and/or for any act and/or omission in connection with the developing, adopting, ope ating 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 :nd 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 mt y be commenced by any person or entity against the City and/or the District and/or their resp:ctive officials, officers, employees, agents and/or other related persons or entities for moneta damages for any alleged breach or 4 failure to provide services described in this Agreement. The p ovisions 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 enfor'ement 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 provisio of this Agreement against the other party shall not be deemed a waiver of the right to do so there.fter. Section Eleven: This Agreement may be modified or ame ded 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 agree ent and understanding of the Parties hereto with respect to the subject matter as set forth herein,all •rior agreements and understandings having been merged herein and extinguished hereby. Section Thirteen: This Agreement is and shall be deem d and construed to be a joint and collective work product of the City and the District and, a., such, this Agreement shall not be construed against the other party, as the otherwise purports d drafter of same, by any court of competent jurisdiction and in order to resolve any inconsisten y, ambiguity,vagueness or conflict, if any, in the terms of provisions contained herein. Section Fourteen: The City and District agree that, in the ;vent of a default by the other party, the other shall, prior to taking any such action as may be ay.ilable to it, provide written notice to the defaulting party stating that they are giving the defaulting r arty fourteen(14)days within which to cure such default. If the default shall not be cured within t e fourteen(14) day period aforesaid, then the party giving such notice shall be permitted to avail tself of remedies to which it may be entitled under law. SIGNATURE PAGE FOLL 1 WS 5 • 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. APPROVED AND ADOPTED on this 27th day of January , 2016 CITY OF ELGIN Attest: By: a ,(/idlte, . ; _ By: kat/a/ibee, Mayor City Clerk APPROVED AND ADOPTED on this / ?' 'day of ✓'n1& , 2015. BARTLETT FIDE PROTECTION DISTRICT Attest: By: _ `' � By: Presiden , =4f Trustees Sec , Board o stees F:\Legal Dept\Agreement\Intergovemmental Agreement-Bartlett FPD-clean 10-27-I5.docA 6 EXHIBIT A MAP DEPICTING DISTRICT FIRST RESPO 'SE SERVICE AREA 4.> 0 Fieldcrest Dr G_-.2] _ Westridge Blvd c b m Norwich Dr O �1 1'o Primrose Ln o o) � Blue Heron Cir 5 OQ�OI]m 3 0a /,,-- rvir-:---)pO rn --- _._ maid j 3 N. N 3 = • LI1 Dallas Dr It i (144) ! D vat go—\ a CI I D, "' . 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