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HomeMy WebLinkAboutResolution # 3826RESOLUTION NO. 3826 A RESOLUTION APPROVING AN AGREEMENT FOR FIREFIGHTING ASSISTANCE BETWEEN THE CITY OF CANTON AND CENTRAL ILLINOIS ENERGY AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the Finance Committee of the City of Canton has determined that it is necessary and in the best interests of the City of Canton to enter into an Agreement for Firefighting Assistance between the City of Canton and Central Illinois Energy as set forth in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the City Council of the City of Canton has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby approved by the Canton City Council. 2. That the Mayor and the City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute said 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, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 18th. day of September ~ 2007 upon a roll call vote as follows: AYES: Aldermen Schenck, Berardi, Sarff, Jest, Nidiffer, Meade, Strandberg. NAYS: None. ABSENT: None. ATTEST: Nancy S. Whites, City Clerk • i a t AGREEMENT FOR FIRE FIGHTING ASSISTANCE BETWEEN THE CITY OF CANTON ANll CENTRAL ILLINOIS ENERGY This Agreement is made on the day and year last written between the City of Canton ("City"), an Illinois municipal corporation, 2 N. Main, Canton, Illinois 61520 and Central Illinois Energy , L.L.C., a Delaware limited liability company, 23133 E. County Highway 6, Canton, Illinois 61520, and Central Illinois Energy Cooperative (collectively, "CIE"), an Illinois agricultural cooperative, P.O. Box 111, Canton, Illinois 61520. WITNESSETH: WHEREAS, CIE, a limited liability company organized under the laws of the State of Delaware, will create jobs in Fulton County, Illinois, through the construction and operation of an ethanol refining operation, requires fire fighting assistance from the City; and WHEREAS, the City operates a professional Fire Department under the provisions of the Illinois Municipal Code (65 ILCS 5/11-6-1 et. seq.) WHEREAS, the parties have determined that is in their best interests to enter into an agreement whereby the City's firefighting unit consisting of salaried, full-time firefighters would initially respond to firefighting alarm calls from CIE even though CIE is within the boundaries of the Buckheart Township Fire Protection District; and WHEREAS, it has been determined that an annual fee and good and other valuable consideration shall be paid by CIE to the City for this services and that said fee and other good and valuable consideration will be reviewed annually to determine its adequacy; and NOW, THEREFORE, in consideration of the foregoing 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 the Canton Fire Department is in a position to respond more quickly with proper equipment than the volunteer personnel of the Buckheart Fire Protection District. The equipment of the Canton Fire Department is also more suited for the possible emergencies at the facility, thus it is acknowledge that a formal agreement for initial response fire protection is desirable. Section 2. Authority. A. The Canton Fire Department will respond to authorized calls for assistance from CIE for firefighting. The annual payment due under this Agreement includes five (5) base responses to the facility during the contract year. Additional responses over the five (5) base responses included in this Agreement will be billed at a separate rate. The Canton Fire Department will use their best efforts to provide one (1) appropriate fire apparatus and four (4) fire fighters for each response made to the CIE facility. 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 Shift Commander 1 shall be final as to the personnel and equipment available to render assistance. If the Canton Fire Department is unable to respond due to conditions or current incident, there will be no charge or count toward the base number of responses. The Canton Fire Department and the City shall not be held responsible in the event a response is not made when requested. B. Buckheart Fire Protection District retains primary responsibility for providing fire protection services to CIE and shall be notified via Fulton County PSAP of each and every incident occurring at CIE. Buckheart Fire Protection District shall respond according to its own policies and procedures to such incidents. Any response by the Buckheart 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 alarms under this agreement shall not be mandatory if local conditions in Canton make a response to such 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/Fees. A. As consideration for this agreement, CIE shall pay to the City of Canton the sum of ten thousand dollars ($10,000.00) upon the execution of this agreement and annually upon the anniversary date of this agreement. Said fee includes five (5) base responses to the facility during the contract year. Each additional fire response over five (5) will be billed at the rate of $2,000 per response. B. Any response for a hazardous materials incident will be charged for reimbursement of actual costs, including, but not limited to manpower, equipment and supplies. C. Any response for a technical rescue response will be charged for reimbursement of actual costs, including, but not limited to manpower, equipment and supplies. Section 5. Training/Continuing Education Upon the first anniversary date of the Agreement, CIE will bear all expenses to send two (2) members of the Canton Fire Department, as selected by the Fire Chief, for training specific to issues encountered at ethanol refinery facilities. Section 6. 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 being ten thousand dollars ($10,000.00) unless mutually agreed upon otherwise. 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 2 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 7. Notices. All notice 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 8. 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 Sate 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 day of , 2007, pursuant to the authority granted by the respective governing bodies of each party. City of C By Attest: By: Nancy S. Whites, City Clerk Central Illinois Energy Cooperative Central Illinois Energy, L.L.C. By: By: Michael Smith, President