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HomeMy WebLinkAboutResolution #5354 RESOLUTION NO. 5354 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CANTON AND ILLINOIS COMMUNITY COLLEGE DISTRICT#534, a/k/a SPOON RIVER COLLEGE, FOR THE PUPROSE OF PROVIDING FIRE PROTECTION AND EMS ASSISTANCE WHEREAS, the City Council 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 intergovernmental agreement with the Illinois Community College District#534, a/k/a Spoon River College, as set forth in"Exhibit A,"which is attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS: I. That the agreement, substantially in the form as attached hereto and incorporated herein by reference 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. The City Attorney is authorized to revise the Lease Agreement to accomplish the foregoing, provided said revisions do not substantively and materially alter the terms contained therein. 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 2nd day of February, 2022, upon a roll call vote as follows: AYES: Alderperson Justin Nelson, John Lovell, Craig West, Angela Hale, Angela Lingenfelter, Greg Gossett NAYS: None ABSENT: Alderperson Andra Chamberlin, Jeff Fritz AP ROVED: nt McDowe , Mayor ATT ST: DianXvle c ty Clerk 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 _L4t- day of February, 2022, 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, and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. (the"Act"), as amended from time to time. WHEREAS, Section 5 of the Act provides that "[a]ny one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking or to combine, transfer, or exercise any powers, functions, privileges, or authority which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be approved by the governing bodies of each party to the contract and except where specifically and expressly prohibited by law. Such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties." 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; 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; 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. 1 2. AUTHORITY: The Canton Fire Department will respond to authorized calls for assistance from the College for fire protection or emergency medical service alarms. 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 Five Thousand Six Hundred Twenty-Five Dollars ($5,625.00) upon the execution of this Agreement (for October 1, 2021 through September 30, 2022) and on or before October 1St of each year hereafter through September 30, 2026. The City reserves the right to increase the annual payment by up to Two Hundred Twenty-Five Dollars ($225.00) per year. 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. 2 6. EFFECTIVE DATE/TERM/TERMINATION: This Agreement shall be effective, retroactive to October 1, 2021, and will remain in effect for a term of five (5) years, expiring on September 30, 2026. This Agreement may be terminated by either party provided that the parry wishing to terminate this Agreement shall give written notice to the other party specifying the date of termination, and such notice shall be given at least sixty (60) calendar days prior to the specified date of the termination. The written notice provided herein shall be given by personal deliver,registered mail, or certified mail. 7. NOTICES: All notices shall be in writing and shall be served personally, or by registered or certified mail to the parties at such addresses as designated from time to time by the other parry. As of the execution of this Agreement, the parties agree that notice to the City shall be made to the Mayor and notice to the College shall be made to the President of Spoon River College. 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 parry 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 of the same document. [Signature Page to Follow] 3 In witness, the parties haveexecuted this Agreement by authorized officials at Canton, Illinois, this _Z day of , 2022, pursuant to the authority granted by the respected governing bodies of each party. Illinois Community College District#524, a/k/a Spoon River College BY 4, �' gt"— Curtis E. Ol f field, President ATTEST: City of Canton, an Illinois Municipal Corporation By: t�Lj 9t Kent A. cDowel ,, Mayor TEST: a avley-Rock, ity Cler 4