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HomeMy WebLinkAboutRESOLUTION - 50-03 - 8/12/2003 - INTERGOVERNMENTAL AGREEMENTRESOLUTION NO. 50-03 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE FOREST VIEW FIRE PROTECTION DISTRICT (BRANNIGAR ESTATES) AND RESCINDING RESOLUTION NO. 13-99 (PREVIOUS AGREEMENT) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of .Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois, as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked. INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS, AND THE FOREST VIEW FIRE PROTECTION DISTRICT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution rescinds and replaces resolution number 13-99 (previous agreement). Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 121' day of August 2003. APPROVED this 12t' day of August 2003. ATTEST. APPROVED: Craig B. Johnson, Mayor Ann I. Walsh Village Clerk * Vote: Ayes: 6 Nays: 0 Absent: 0 Re WergwAgewrer�FRSMEW1W3.d= INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS, AND THE FOREST VIEW FIRE PROTECTION DISTRICT THIS AGREEMENT, made this 12th day of August 2003, by and between the Village of Elk Grove Village, a municipal corporation of Illinois, (hereinafter referred to as "Village"), and the Forest View Fire Protection District, a unit of local government (hereinafter referred to as 'District"); WITNESSETH: WHEREAS, the Village maintains a Fire Department, and is ready, willing and able to render fire protection and emergency ambulance services in areas outside its corporate limits upon reasonable terms; and WHEREAS, the District is a duly organized fire district under the laws of the State of Illinois, and that the area marked on Exhibit A and attached hereto is within the boundaries of the District for which it is legally bound to provide fire protection; WHEREAS, the Village and District enter into this Agreement pursuant to the Statutory and Constitutional provisions authorizing Intergovernmental Cooperation and pursuant to the provisions of 70 ILCS 705/11 a permitting the District to contract for fire protection and ambulance service. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: As to the territory, which boundaries are set forth in Exhibit A, the Village hereby contracts to furnish for the one year period of time beginning November 1, 2003, full fire protection and emergency ambulance services of its Fire Department to the extent of its ability, consistent with its obligation under other contracts and its primary duty to furnish such protection to property and persons within the Village limits. 2. Except as to conduct found to be willful or wanton, the Village shall not be held liable for any loss or damage by reason of its failure to extinguish fires or to provide emergency ambulance service within the territory described in Exhibit A. 3. The District agrees that all fire calls and all calls for emergency ambulance service by whomsoever made, by which the Village Fire Department is called upon to render service within the 1 territory described in Exhibit A, attached, and all such calls, by whomsoever made, shall be regarded as authorized by and made on behalf of the district. 4. The Village agrees to carry public liability insurance against liability to persons or property incurred or suffered by reason of the acts, conduct or omission of the Village Fire Department while in performance of their duties as firefighters in rendering fire service in the performance of this contract or returning to the station after the performance of such duties. The amount of said insurance shall be the same as is presently in force for the Village, within an eleven million ($11,000,000.00) public liability coverage. 5. This contract shall be terminated on October 31 and shall be automatically renewable for one-year periods thereafter. 6. Emergency ambulance service operated by the Village will be available to the inhabitants of the territory described in Exhibit A, during the terms of this contract, or extension thereof, with no additional charge, upon the same conditions as herein apply to fire protection service. Said ambulance service shall transport patients only to Alexian Brothers Medical Center on Biesterfield Road in Elk Grove Village. 7. The District shall use its best efforts to notify the Village in writing of any changes in the number of dwelling units located within its boundaries prior to November 1 of each contract year. Failure to so notify the Village shall not be a default under this agreement. 8. The District agrees to pay to the Village the sum of $150.00 for each dwelling unit located within its boundaries on November 1 of each year of the contract. One half of said sum is to be paid on or before April 30 and the balance on or before October 31 of each contract period. In addition, yearly rate increases will be incurred based on the Chicago Area Consumer Price Index (CPI) following the 2003-04 contract at a rate no less than 3% and no more than 5%, from the business period between January of the previous year and January of the contract year. Pursuant to the existing agreement with the District, the Village will provide 120 days written notification to the District of said increase. 9. In default of any one or more of said payments, the Village at its option, and upon thirty (30) days written notice to the District, may terminate these articles and refuse the services as provided for herein. If the District cures such default within such thirty (30) day period, this Agreement shall remain in full force and effect. 2 10. Prior to one hundred twenty (120) days before the termination date of any renewal period, either parry shall have the right to renegotiate the terms of this contract. Failure of the parties hereto to agree to such new proposed terms shall cause this contract to be terminated at the end of any such renewal period. 11. Either party hereto may terminate this contract by sending written notice to the other not less than one hundred twenty (120) days prior to the termination date. Failure to give such notice shall automatically extend this agreement for an additional twelve (12) full months. 12. All notices sent to the Village shall be sent to the Village Manager, 901 Wellington Avenue, Elk Grove Village 60007. All notices sent to the District shall be sent to the District President or any other person determined by the District to act as a representative on its behalf. Notification to said parties shall be deemed notification to the Village and notification to the District. IN WITNESS WHEREOF, the District and the Village have signed and executed this Agreement. ATTEST: Secretary ATTEST: Ann I. Walsh Village Clerk 3 FOREST VIEW FIRE PROTECTION DISTRICT, a unit of local government President VILLAGE OF ELK GROVE VILLAGE, A Municipal Corporation Craig B. Johnson Mayor