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HomeMy WebLinkAboutResolution #3670RESOLUTION NO. 3670 A RESOLUTION APPROVING AN AGREEMENT FOR FIRE FIGHTING AND EMS ASSISTANCE BETWEEN THE CITY OF CANTON AND SPOON RIVER COLLEGE WHEREAS, the City of Canton shall approve an agreement for Fire Fighting and EMS Assistance between the City of Canton and Spoon River College; and, WHEREAS, there was a previous agreement establishing an annual rate for this assistance this annual rate has been renegotiated to provide for an annual increase; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That said agreement for Fire Fighting and EMS Assistance between the City of Canton and Spoon River College hereby be approved hereto attached as Exhibit "A" 2. That the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Canton. 3. That this Resolution shall be in full force and in effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois and approved by the Mayor thereof this did day of Decer.~ber , 2003 upon a roll call vote as follows: AYES: Alderr_~en Hartford, T~11eck, West, Sarff, Harn, Carl, Reed. NAYS: None ABSENT: Alderman Fillinp~.arz. Approved: J M. Bohler, Mayor Attest: Nancy Whit , ,City Clerk "r AGREEMENT FOR FIRE FIGHTING AND EMS ASSISTANCE BETWEEN THE CITY OF CANTON AND SPOON RIVER COLLEGE This agreement is made on the day and year last written between the City of Canton, an Illinois municipal corporation and Community College District No. 534, a/k/a Spoon River College, an Illinois college. WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to enter into intergovernmental arrangements and agreements or to otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the intergovernmental Cooperation Act (5 ILCS 220/1 et. seq.) provides that any power or powers, privileges or authority exercised or which may be exercised and enjoyed jointly with any other unit of local government pursuant to agreement; and WHEREAS, Section 5 of the intergovernmental Cooperation Act (5 ILCS 220/5) provides that any one or more public agencies may contract with any one or more other public agencies to perform any governmental services, activity or undertaking which any of the public agencies entering into the agreement is authorized by law to perform, provided that such agreement shall be authorized by the governing body of each party to the agreement; and, WHEREAS, the parties to this agreement consist of a municipality operating a Fire Department under the provisions of the Illinois Municipal Code (65 ILCS 5/11-6-1 et seq.) and a college located within the territory of a Public Fire Protection District (70 ILCS 705/.01 et seq.); and, WHEREAS, the parties have determined that it is in their best interests to enter into an agreement whereby the more proximate firefighting unit consisting of salaried full-time firefighters would immediately respond to firefighting and Emergency Medical Service (EMS) alarm calls from the college even though the college is totally within the boundaries of the Copperas Creek Fire Protection District; and, WHEREAS, it has been determined that an annual fee should be paid by the college district to the city for this service and that said fee should be reviewed annually to determine its adequacy; and, NOW, THEREFORE, in consideration of the preceding recitals of fact for the further considerations hereinafter stated, IT IS AGREED AS FOLLOWS: Section 1. Purpose. It is recognized that in a fire related emergency or an EMS alarm the Canton Fire Department is in a position to respond more quickly with proper equipment than the volunteer personnel of the Copperas Creek Fire Protection District if for no other reason than geographical proximity. The equipment of the Canton Fire Department is also more suited for the possible emergencies at the college, thus it is acknowledged that a formal agreement for initial response fire protection and Emergency Medical Service (EMS) response is desirable. Section 2. Authority. A. The Canton Fire Department will respond to authorized calls for assistance from Spoon River College for firefighting or EMS assistance. The response shall be to the extent of available personnel and equipment considering the department's primary responsibility to the City. The judgment of the Fire Chief or the shift commander shall be final as to the personnel and equipment available to render assistance. B. Copperas Creek Fire Protection District retains primary responsibility for providing fire protection and EMS services to Spoon River College and shall be notified via Fulton County PSAP of each and every incident occurring at Spoon River College. Copperas Creek Fire Protection District shall respond according to its own policies and procedures to such incidents. Any response by the Copperas Creek Fire Protection District shall be in addition to any initial response made by the Canton Fire Department. Section 3. Liability. The rendering of firefighting assistance or response to EMS alarms under this agreement shall not be mandatory if local conditions in Canton make a response to a request for assistance imprudent. No liability may be asserted for such non compliance nor shall there be any liability for the quality of assistance provided. Section 4. Annual Payment. As consideration for this agreement, Spoon River College shall pay to the City of Canton the sum of Two Thousand Seven Hundred and Fifty Dollazs ($2,750.00) upon the execution of this agreement. In the event that the parties agree to renew this agreement, the fee paid by Spoon River College to the City of Canton shall increase by Two Hundred and Fifty Dollazs ($250.00) per year until such time as the annual fee reaches the amount of Three Thousand Five Hundred Dollars ($3,500.00), at which time such yearly increase shall cease. The annual fee shall be paid on the anniversary date of this agreement or at other such time as the parties may agree upon and may be reviewed upon the request of either party. The City will provide a statement of account to the college. Section 5. Effective Date/Term/Termination. This Agreement shall be in effect on the date it is fully executed by the duly authorized officers of each party and will remain in effect for a term of one year from the date of execution. Unless terminated in the manner provided for in this Agreement, it shall automatically renew for successive one year terms with the fee for service automatically increasing by Two hundred and Fifty Dollazs ($250.00) each year until such time as the annual fee reaches the amount of Three Thousand Five Hundred Dollazs ($3,500.00), at which time such yearly increase shall cease. This Agreement shall remain in effect until such time as either party to this Agreement requests that the terms of the Agreement be reviewed and a new Agreement executed. Any party hereto may terminate its participation in this Agreement at any time, provided that the party wishing to terminate its participation in this Agreement shall give written notice to the other party specifying the date of termination, such notice to be given at least 60 calendar days prior to the specified date of termination of participation. The written notice provided herein shall be given by personal delivery, registered mail, or certified mail. Section 6. Notices. All notices hereunder shall be in writing and shall be served personally, by registered mail or certified mail to the parties at such addresses as designated from time to time by the other party. ': Section 7. General Terms. This Agreement shall be binding upon and inure to the benefit of any successor entity which may assume the obligations of any party hereto, provided, however, that this Agreement may not be assigned by a party without prior written consent of the parties hereto. This Agreement shall be governed by and constructed under the law of the State of Illinois. A declaration of the invalidity of any provision of this Agreement shall not render invalid any other provision. If, for any reason, any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severable and this Agreement may be enforced with that provision severed or modified by court order. This Agreement may be executed in multiple counterparts or duplicate originals, each of which shall constitute and be deemed as one and the same document. In Witness, the parties ha a executed this Agreement by authorized officials at Canton Illinois this ~n~ day of ~;~{g-(,~ , 2003, pursuant to authority granted by the respective governing bodies of each party. a/k/a Illinois Community College District #534, Spoon River College By: ' Dr. Tom Hi es, President Attest: Attest: ,- ~,. '~ ~~ Fancy Whit ,City Clerk City of Canton, an Illinois Municipal Corporation rry M. Bohler, Mayor CITY OF CANTON 2 North Main, Canton, Illinois 61520 • Telephone 309/647-0065 • FAX 309/647-1310 Jerry M. Bohler, Mayor Nancy S. Whites, crry clerk Petty Beaird Franzoni, crry treasurer Ronald J. Weber, CityAttomey Linda Caudle, Public Relations CoordJnator INVOICE S December 15, 2003 Spoon River College $2,750. 23235 N Co Rd 22 Canton, Illinois 61520 Intergovenmental agreement for Fire Fighting and EMS Assistance between the City of Canton and the Spoon River College. Make check payable to City of Canton, and send to the above address with attention to Nancy Whites, City Clerk.