HomeMy WebLinkAboutResolution #5068 RESOLUTION NO._5068
A RESOLUTION APPROVING AN AGREEMENT TO PROVIDE FIRE PROTECTION AND
EMS ASSISTANCE BY THE CITY OF CANTON TO ILLINOIS COMMUNITY COLLEGE
DISTRICT#534, a/k/a SPOON RIVER COLLEGE
WHEREAS, Section 5 of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.
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 to the agreement is authorized by law to perform, provided that such agreement shall
e authorized by the governing body of each party to the agreement; and,
WHEREAS, the City of Canton is a municipality operating a fire department under the
provisions of the Illinois Municipal Code (65 ILCS 5/11-6-1 et seq.) and Spoon River College
("College") is a college located within the territory of a public fire protection district(70 ILSC 705/.01
et seq.); and,
WHEREAS, the City of Canton and Spoon River College have determined that it is in their
best interest to enter into an Agreement whereby the College's fire and emergency medical service
alarm calls would be answered by the City's more proximate, full-time fire department even though the
College is totally with 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 to the
City for this service and that said fee should be reviewed annual to determine its adequacy; and,
WHEREAS, the City Council has made the same determination.
NOW THEREFORE, be it resolved by the City Council of the City of Canton, Fulton County,
Illinois, as follows:
1. That the Agreement between the City of Canton and Illinois Community College District#534
a/k/a Spoon River College, a copy of which is attached hereto and incorporated herein as
Exhibit A,is hereby approved.
2. That the Mayor, or his designee, is hereby authorized and directed to execute and deliver said
letter of understanding 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, 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
4TH day of October,2016, upon a roll call vote as follows:
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AYES: Aldermen Justin Nelson, Gerald Ellis, John Lovell, Angela Hale, Craig West, Tad
Putrich, Ryan Mayhew
NAYS: None
ABSENT: None
APROVED:
/0
Jeffrey . Fri ayor
AT�ST:
Diana Pavlloc'�ity Cler
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AGREEMENT TO PROVIDE FIRE PROTECTION AND EMS ASSISTANCE BY THE
CITY OF CANTON TO ILLINOIS COMMUNITY COLLEGE DISTRICT#534,
a/k/a SPOON RIVER COLLEGE
This Agreement made and entered into this 4TH day of October, 2016, is by and between
the City of Canton ("City") and Illinois Community College District #534, a/k/a Spoon River
College ("College"), pursuant to the authority of Article VII, Section 10 of the Constitution of
the State of Illinois, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., Sections 10-
20.14 (105 ILCS 5/10-20.14) and as amended from time to time.
WHEREAS, Section 5 of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.
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 to the agreement is authorized by law to perform, provided that such
agreement shall e 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 ILSC 705/.01 et seq.);
and,
WHEREAS, the parties have determined that it is in their best interest to enter into an
Agreement whereby the College's fire and emergency medical service alarm calls would be
answered by the City's more proximate, full-time fire department even though the College is
totally with 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 to
the City for this service and that said fee should be reviewed annual to determine its adequacy;
and,
NOW, THEREFORE, in consideration of the foregoing, and the promises and covenants set
forth hereinafter, it is agreed as follows:
1. PURPOSE: It is agreed that in a fire related emergency or an emergency medical
service 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 ("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 response is desirable.
2. AUTHORITY: The Canton Fire Department will respond to authorized calls for
assistance from the College for fire protection or emergency medical service alarms.
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The response shall be to the extent of available personnel and equipment considering
the Department's primary responsibility is 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.
Copperas Creek Fire Protection District retains primary responsibility for providing
fire protection and emergency medical services to the College and shall be notified
via Fulton County PSAP of each and every incident occurring at the 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.
3. LIABILITY: The rendering of firefighting assistance or response to emergency
medical service 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.
4. ANNUAL PAYMENT BY COLLEGE: As consideration for this Agreement, the
College shall pay to the City, the sum of Four Thousand Five Hundred Dollars
($4,500.00) upon the execution of this Agreement. Upon each anniversary date of
this Agreement, the fee shall increase by Two Hundred Twenty Five Dollars
($225.00) per year until the termination of this Agreement in October, 2021, with the
last payment in October, 2020, of Five Thousand Four Hundred Dollars ($5,400.00).
Payment of the annual fee will be invoiced by the City and payable within thirty (30)
days of the date of invoice.
5. CITY'S DUTIES: Upon payment by the College of its annual fee, the City shall
provide a total of five (5) fire protection and/or emergency medical service responses
per contract year at no additional charge. Any fire protection and/or emergence
medical service responses above five (5) will be billed to the College at $600.00 per
response. Any technical rescue response or hazardous materials response will be
billed for reimbursement at the actual cost of the response. Additionally, the City will
provide an annual two (2) hour training with all of the City Fire Department staff and
the College's building maintenance staff.
6. EFFECTIVE DATE/TERM/TERMINATION: This Agreement shall be effective
on October I, 2016, and will remain in effect for a term of five (5) years, expiring on
September 30, 2021.
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This Agreement may he terminated by either party provided that the party wishing to
terminate this Agreement shall give written notice to the other party specifying the
• date of termination, and such notice shall he given al least sixty I60) calendar days
prior to the specified date of the termination. 1-he written notice provided herein shall
he given by personal deliver. registered mail. or certified mail.
7. NOTICES: All notices shall he in writing and shall he served personally. or by
registered or certified mail to the parties at such addresses as designated from time to
time by the other parry.
8. GENERAL TERMS: This Agreement shall he 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 he assigned by a party without prior
written consent of the parties hereto. This Agreement shall he 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 am other provision. It. lin
any reason. any provision of this Agreement is determined by a court of competent
jurisdiction to he invalid or unenforceable. that provision shall he deemed severable
and this Agreement may be enforced with that provision severed or modified by court
order. his Agreement may he executed in tnultiple counterparts or duplicate
originals. each of which shall constitute and he deemed as one of the same document.
In witness. the parties have executed this Agreement by authorized officials at
Canton. Illinois. this day of . 2016, pursuant to the authority
granted by the respected gm erning bodies of each party.
Illinois Community College District /4524.
a ka Spoon River College
ni
By: Wij
Curtis IL. Oldl • d. President
A 1.11 IS :
3
kI.K Document Agreemenis
U 13 2016
City of Canton, an Illinois Municipal
Corporation
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By. lefti�A.-Gritz, Mayor
TTES, /7
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Ira 'v ey`--Rock, City Jerk
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