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HomeMy WebLinkAboutResolution #3497RESOLUTION NO. 3497 A RESOLUTION FOR PAYMENT UNDER INTERGOVERNMENTAL AGREEMENT TO COUNTY OF FULTON WHEREAS, the City of Canton has entered into an Intergovernmental Agreement with the County of Fulton for the former production facilities of International Harvester Company in the City of Canton; and, WHEREAS, said agreement provides the City of Canton will pay to Fulton County the sum of $1,950.00 to cover the County's expense in securing title to the real estate involved; and, WHEREAS, the Agreement has now been signed by both parties and said payment shall be made to the County within 30 days. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the City Treasurer be and she is hereby authorized and directed to pay the County of Fulton the sum of $1,950.00 to carry out the terms of paragraph 2 of the Intergovernmental Agreement between the parties. 2. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 16th day of November, 1999. AYES: ~~~~ Molleck, Hartford, Sarff , Phillips , Ni~7iffer, shores , May . NAYS: None. ABSENT: Alderman Meade. APPROVED: ~~ Donald E. Edwards, Mayor Attest: Whites, Ci Clerk. +. MUTUAL AID AGREEMENT This agreement made and entered into by and between the City of Canton, Illinois and the City of Havana, Illinois as of the date it is duly executed by the authorized officers of the City of Canton and the authorized officers of the City of Havana. 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, WIIEREAS, 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 government body of each party to the agreement; and, WHEREAS, the parties to this Agreement are either units of local government organized as Public Fire Protection Districts and operating a Fire Department under the Illinois Fire Protection District Act (70 ILCS 705/.01 et. seq.) or are Municipalities operating a Fire Department under the provisions of the Illinois Municipal Code (65 ILCS 5/11-6-1 et. seq.) or are voluntary associations operating a Fire Department to serve a particular community; and, Page 1 WHEREAS, the parties hereto have determined that it is in their best interest to enter into this Agreement to secure to each the benefits of mutual. aid in fire protection, fire fighting, and the protection of life and property from an emergency or disaster; and, WHEREAS, the parties have determined that it is in their best interest to form an agreement to provide for communications procedures, training and other necessary functions to further the provisions of said protection of life and property from an emergency or disaster. NOW, THEREFORE, in consideration of the foregoing recitals, the parties on this agreement and the covenants contained herein, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. ose. It is recognized and acknowledged that in certain sihiations, such as, but not limited to, emergencies, natural disasters and man-made catastrophes, the use of fire department personnel and equipment to perform functions outside the jurisdiction of the department is desirable and necessary to preserve and protect the health, safety and welfare of the public. It is further expressly acknowledged that in certain situations such as those described above, the use of another fire department is desirable and necessary to preserve and protect the health, safety and welfare of the public. Further, it is acknowledged that coordination of mutual aid through this Agreement is desirable for the effective and efficient provision of mutual aid. Section 2. Incorporation of Findings. Each of the findings set forth in the preamble to this Agreement are expressly incorporated herein and made a part of this Agreement. Section 3. Definitions. For the purpose of this Agreement, the following terms as used in this Agreement shall be defined as follows: Page 2 A. "Department": A unit of local government including but not limited to a Fire Protection District, City, or Village operating a fire department recognized by the State of Illinois, or an intergovernmental agency that has been appropriately authorized by the governing body to enter into such agreement, and to comply with the provisions of this Agreement, or a voluntary association operating a fire department to serve a particular community or area. B. "Stricken Department": A department which requests aid in the event of an emergency. C. "Aiding Department": A department which provides aid in the event of an emergency. D. "Emergency": An occurrence or condition in the Department's territorial jurisdiction which results in a situation of such magnitude and/or consequence that it cannot be adequately handled by the Stricken Department and such that the Stricken Department determines the necessity and advisability of requesting aid. E. "Training": The regular scheduled practice of emergency procedures during non-emergency drills to implement the necessary joint operations of this Agreement. Section 4. Authority and Action to Effect Mutual Aid. A. Each Department hereby authorizes and directs its respective Fire Chief or the Fire ChieFs designee to take necessary and proper action to render and/or request mutual aid from the other Departments in accordance with the policies and procedures established and maintained by this Agreement. The aid rendered shall be to the extent of available personnel and equipment not required for adequate protection of the jurisdictional limits of the Aiding Department. The judgement of the Fire Chief, or the Fire Chief s designee, of the Aiding Department shall be final as to the personnel and equipment available to render aid. Page 3 B. Whenever an emergency occurs and conditions are such that the Fire Chief, or the Fire Chief's designee, of the Stricken Department determines it advisable to request mutual aid pursuant to this Agreement, the Aiding Department shall be notified of (1) the nature and location of the emergency, (2) the type and amount of equipment and personnel and/or services requested from the Aiding Department, and (3) any special circumstances known to the Stricken Department which will assist in determining the level of response, the Aiding Department may take into account whether its response will unduly endanger the lives or property of the residents of its territorial jurisdiction if the requested mutual aid is rendered. C. The Fire Chief, or the Fire Chiefs designee, of the Aiding Department shall take the following action immediately upon being requested for aid: 1. Determine what equipment, personnel and/or services is requested according to the system maintained by this Agreement; 2. Determine if the requested equipment, personnel and/or services can be committed in response to the request from the Stricken Department; 3. Dispatch immediately the requested equipment, personnel and/or services, to the extent available, to the location of the emergency reported by the Stricken Department in accordance with the procedures set forth above; 4. Notify the Stricken Department if any or all of the requested equipment, personnel and/or services cannot be provided. Section 5. Authority Over Personnel and Equipment. Personnel dispatched to aid a party pursuant to this Agreement shall remain agents or employees of the Aiding Department. Personnel rendering aid shall report for direction and assignment at the scene of the emergency to the Fire Chief or Senior Officer of the Stricken Department or the incident commander, as Page 4 the case may be. The foregoing notwithstanding, the party rendering aid shall at all times have the right to withdraw any and all aid upon the order of its Fire Chief or the Fire Chief's designee for good cause; provided, however, that the party withdrawing such aid shall first notify the Fire Chief or Senior Officer of the party requesting aid of the withdrawal of such aid and the extent of such withdrawal. Any decision to withdraw shall take into account the safety of all affected by the emergency. Section 6. Right to Recovery. Nothing herein shall operate to bar any recovery funds from any state or federal agency or any third party under any existing statutes for services rendered or materials or equipment furnished in connection with the rendering of mutual aid under this Agreement. To the extent that services are rendered to a nonresident, to the extent that the parties have in effect an ordinance or resolution establishing fees for services to nonresidents, either party may make such charges and collect same based upon equipment, personnel, and expendables supplied by that party. Section 7. Insurance/Liability. Each party hereto shall procure and maintain, at its sole and exclusive expense, insurance coverage, including: comprehensive liability, personal injury, property damage, worlcinan's compensation, and, if applicable, emergency medical service professional liability, with minimum limits of $1,000,000 auto and $1,000,000 combined single limit general liability and professional liability. No party hereto shall have any obligation to provide or extend insurance coverage for any of the items enumerated herein to any other party hereto or its personnel in connection with the provisions of mutual aid under this Agreement. The obligation of this Section may be satisfied by a party's membership in a self- insurance pool, a self-insurance plan, or arrangement with insurance provided approved by the state with jurisdiction. Either Department may require that copies or other evidence of compliance with the provisions of this Section be provided. Upon request, a Department shall provide such evidence of such insurance coverage to the other Department, and each party agrees to submit to its insurance carrier a copy of this agreement following its execution and to obtain the carrier's verification of the applicability of the party's insurance coverage to the party's provision of mutual aid under this Agreement. Page 5 Section 8. Non-Liability for Failure to Render Aid. The rendering of assistance under the terms of this Agreement shall not be mandatory if local conditions of the Aiding Department make a response to a request for mutual aid imprudent. It is the responsibility of the Aiding Department to immediately notify the Stricken Department of the Aiding Department's inability to respond, however, failure to immediately notify the Stricken Department of such liability to respond shall not constitute evidence of noncompliance with the terms of this section and no liability may be asserted based on such noncompliance. No liability of either party to the other party or to any third party of any kind or nature shall be attributed to or be assumed, whether expressly or implied, by a party hereto, its duly authorized agents and personnel, for failure or refusal to render aid, nor shall there by any liability asserted against a party based on the mutual aid provided hereunder or for the withdrawal of aid once it has been provided pursuant to the terms of this Agreement. Section 9. 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 a 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 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 10. 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 11. 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. Page 6 . r This Agreement shall be governed by and construed 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. Dated this day of , 1999. City of Canton, Illinois, an Illinois municipal corporation, By: cc~' ~ Donald E. Edwards, Mayor Attest: Nancy Whites, City Clerk Dated this day of , 1999. City of Havana, Illinois, an Illinois municipal corporation, By: Mayor Attest: ~ ~ . ,~~;~~ City Clerk Page 7