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HomeMy WebLinkAboutRESOLUTION - 62-94 - 11/15/1994 - INTERGOVERNMENTAL AGRMT RESOLUTION NO. 62-94 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE FOREST VIEW FIRE PROTECTION DISTRICT (BRANIGAR ESTATES) NOW, THEREFORE, BE IT RESOLVED by the President 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 Village President 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 Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 15th day of November , 1994. APPROVED this 15th day of November , 1994. Dennis J. Gallitano Vi—n—ag—e—Wre's—ide—nt ATTEST: Patricia S. Smith Village Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILL-kGE OF ELK GROVE VILLAGE, ILLINOIS AND THE FOREST VIEW FIRE PROTECTION DISTRICT THIS AGREEMENT, made this 15th day Of Nov. , 1994, by and between the Village of Elk Grove Village, a municipal corporation of Illinois, (hereinafter referred to as "Village"), and 0 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 areas marked on Exhibit A and attached hereto is within the boundaries of the District for which it is legally bound to provide fire protection: and, 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 705/11a permitting the District to contract for fire protection and ambulance services. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. 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, 1994, 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- 1 The District agrees that all fire call,-, and Uit Calls for emergenev ambulance service bv %khomsoever made, bv which the %lillave Fire Department is called upon to render service within the territon, 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 a2rees 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 or the Village, within an eleven million dollar ($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 ViUage in writing of any changes in the number of dwelling units located within its boundaries prior to November I 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 $100.00 for each dwelling unit located within its boundaries on November I 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. 9. In default of any one or more 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) da%s before the termination date of any renewal period, either party 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 an), 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 -ive 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 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: FOREST VIEW FIRE PROTECTION DISTRICT, a unit of local government By: Secretary President ATTEST: VILLAGE OF ELK GROVE VILLAGE, a Municipal Corporation, Patricia S. Smith By: Dennis J. 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