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HomeMy WebLinkAboutResolution #3488~_. RESOLUTION NO. 3488 A RESOLUTION APPROVING AN AGREEMENT FOR FIRE FIGHTING AND EMERGENCY 1kIEDICAL SERVICE ASSISTANCE BETWEEN THE CITY OF CANTON AND ILLINOIS COMMUNITY COLLEGE DISTRICT #534, A/K/A SPOQN RIVED COLLEGE WHEREAS, the City of Canton has in the past maintained agreements for fire protection of territory outside the City of Canton; and, WHEREAS, Illinois Community College District #534,. a/k/a Spoon River College has requested first response assistance for fire protection and emergency medical assistance from Canton's Fire Department; and, WHEREAS it appears it will be beneficial to all parties to enter into an agreement delineating the fire departments participation with Illinois Community College District #534, a/k/a Spoon River College. NOW, THEREFORE, BE_ IT RESOLVER BY THE CITY COUNCIi,. OF THE CITY OF CANTON, Fulton County, Illinois as follows: L. That the City of Canton, through its Fire Department enter into the Mutual Aid Agreement with Illinois Community College District #534, a/k/a Spoon River College as set forth hereinafter as Exhibit A. 2. That the Mayor and City Clerk are hereby authorized and directed to execute the foregoing Agreement on behalf of the City of Canton. 3_ That. this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton and approved by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois ~t a regular meeting this 2lstday of September, 1999 upon a roll call vote as follows: AYES: Aldermen Molleck, Hartford, Sarff, Nidiffer, Meade, Shores, r~.y . NAYS: None . ABSENT: Alde~1 Phillips . PP VED: Donald E. Edwards, Mayor Attest: ancy Whites -City Clerk. 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 by a unit of local government 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, WI-~REAS, the parties to this agreement consist of a municipality operating a Fire Department under the provisions of the Illinois Municipal Code (65 ILCS S/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 fire fighting 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 and 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. It will respond according to its own policies and procedures to fire and EMS alarms. Any response by the Copperas Creek Fire Protection District would be in addition to any initial response made by the Canton Fire Department. Section 3. 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 Five Hundred Dollars ($2,500.00) annually on the anniversary of the date of this agreement or at such other time as the parties may agree upon. The City will provide a statement of account to the college. Section 5. Effective Date/Term/Termination. This Agreement shall be effective 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 in this Agreement, it shall automatically renew for successive one year terms. 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 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 (iPC~ i~nated 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 laws 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 have executed this agreement by authorized officials at Canton, Illinois this atx -G day of 1999, pursuant to authority granted by the respective governing bodies of each party. Illinois Community College District #534, a/k/a Spoon River College, /' .- Dr. Keith r4iller, President Atte . City of Canton, an Illinois municipal corporation, Donald E. Edwards, Mayor Attest: -~ I~ Nancy Whites ity Clerk.