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Home My WebLink AboutRESOLUTION - 11-06 - 3/28/2006 - AUTOMATIC AID AGREEMENT/DES PLAINESRESOLUTION NO. 11-06 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE VILLAGE OF ELK GROVE VILLAGE (FIRE PROTECTION) 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: AUTOMATIC AIl) AGREEMENT BETWEEN THE CITY OF DES PLAINES AND ELK GROVE VILLAGE 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 shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 28`h day of March 2006 APPROVED this 28th day of March 2006 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Villa¢e Clerk USMtom iw dAg =WtDesftims AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF DES PLAINES AND ELK GROVE VILLAGE THIS AGREEMENT (hereinafter referred to as "Agreement') is made and entered into this 1" day of April 2006, by and between the CITY OF DES PLAINES (hereinafter referred to as DES PLAINES) and ELK GROVE VILLAGE (hereinafter referred to as ELK GROVE), hereinafter referred to collectively as "Parties". WHEREAS, Article VIII, Section 10, of the 1970 Illinois Constitution authorized intergovernmental agreements and the Illinois Compiled Statutes, Chapter 65, Section 5/11-6-1 specifically authorizes municipalities and fire protection districts to enter into mutual aid agreements for fire protection; and WHEREAS, Des Plaines and Elk Grove have previously entered into a Mutual Aid Box Alarm System Agreement (hereinafter referred to as "MABAS"), which provides for mutual aid in providing fire protection services through the greater metropolitan Chicago area; and WHEREAS, Des Plaines and Elk Grove desire to better utilize the equipment and personnel available between them in order to better provide the citizens of both communities with more efficient fire service;\ NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, Des Plaines and Elk Grove agree as follows: Section 1. Automatic Response. That, for the joint benefit of their residents, Des Plaines and Elk Grove shall each provide one (1) automatic response company (hereinafter referred to as "ARC") to the scene of structural fires and automatic fire alarms occurring within the response area described hereinafter. The equipment assigned to each ARC will be staffed by a minimum of three (3) Firefighters. In the event that the ARC is at a call, involved in training or otherwise unable to respond, it will be deemed unavailable under Section 6(A). hereof: Section 2. ARC Response area. From and after the dated hereof and throughout the term A. Elk Grove will provide Des Plaines with automatic response coverage to the area requested by the Chief of the Des Plaines Fire Department and agreed upon by both parties. B. Des Plaines will provide Elk Grove with automatic response coverage to the area requested by the Chief of the Elk Grove Fire Department and agreed upon by both parties. Section 3. Applications of MABAS Agreement. Insofar as provisions of this Agreement do not affect other parties to MABAS, as between Des Plaines and Elk Grove, this agreement shall apply and control and shall supersede MABAS. However, where actions undertaken by Des Plaines and Elk Grove involve other parties to MABAS, MABAS shall control. Section 4. On -Scene Responsibility. The fire scene will dictate which Party's fire department has jurisdiction and which Incident Commander will be in charge and responsible for operations of the fire scene. Fire scenes within the service area of the Des Plaines Fire Department will be under jurisdiction of Des Plaines and its Incident Commander will be in charge. Fire scene within the service area of the Elk Grove Fire Department will be under jurisdiction of Elk Grove and its Incident Commander will be in charge. Section 5. Special ARC Training and Equipment. A. Des Plaines and Elk Grove will provide a communications system to allow for immediate dispatching of ARC to respond to calls. 2- B. Des Plaines and Elk Grove will regularly monitor the number, extent and procedures of alarm involving the ARC, C. Des Plaines and Elk Grove will provide inter -department training so that each department can become familiar with the other's operation and the areas of mutual response. Section 6. Unavailability of Unit. A. In the event an ARC is out -of service, or busy at another call, no back-up unit will be required to respond. B. While the unit is en route to an ARC fire scene, in the event the ARC receives a dispatch to an alarm in its own community, it will not divert from its automatic response to answer the call until it notifies and is released by the fire department having jurisdiction. Section 7. Costs and Expenses. Des Plaines and Elk Grove will each bear its own costs and expenses associated with training firefighters, and dispatching for each incident of ARC. Section 8. Effective Date and Modifications. A. This Agreement shall be in full force and effect from and after the time of its execution, provided: (1) The Mayor and Board of Trustees of Elk Grove Village has authorized its Mayor and Village Clerk to sign this Agreement by resolution in form; and (2) The Council of the City of Des Plaines has authorized its Mayor and City Clerk to sign this Agreement by resolution in form. B. No modification, waiver or amendment of this Agreement or any of its conditions or provisions, shall be binding on the parties unless such modification, waiver or amendment is in writing and signed by each party. 3- Section 9. Mutual Indemnification. A. Provided Elk Grove is not in default under the terms of this Agreement, Des Plaines shall indemnity and hold harmless Elk Grove, its officers, agents, and employees, from any damages, including attorney's fees and expenses incurred by Elk Grove, its officers, agents and/or employees in connection with the defense of any action, suit, or proceeding in which Elk Grove is made a party (or so threatened) by reason of any action of Des Plaines, its officers, agent or employees, in connection with services provided under this Agreement and/or the services of Des Plaines under this Agreement. B. Provided Des Plaines is not in default under the terms of this Agreement, Elk Grove shall indemnify and hold harmless Des Plaines, its officers, agents, and employees, for any damages, including attorney's fees and expenses incurred by Des Plaines, its officer, agents, and/or employees in connection with the defense of any action, suit, or proceeding in which Des Plaines is made a party (or so threatened) by reason of any action of Elk Grove, its officers, agents or employees, in connection with services provided under this Agreement and/or the services of Elk Grove under this Agreement. C. "Damages" as used herein shall include any claims, actions, demands, losses, costs, expenses, liabilities (joint or several), penalties, and other damages specified herein. D. The mutual indemnification provisions set forth this Section 9 shall continue to be effective and enforceable after the termination of this Agreement. M Section 10. Termination. Either Elk Grove or Des Plaines may terminate this Agreement by notice in writing by the terminating Party to the fire chief of the other Party. Termination by the withdrawing governmental unit will be effective thirty (30) days from the date of the written notice. Section 11. Governing Law and Severability. A. This Agreement shall be governed, interpreted, and construed in accordance with the laws of the State of Illinois. B. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be stricken and shall not affect any other provision of this Agreement. IN WITNESS WHEREOF, the parties of this Agreement have executed this Agreement pursuant to the authority granted by each respective corporate authority. ATTEST: City Clerk Date ATTEST: Ann I. Walsh Village Clerk March 28, 2006 Date -5- CITY OF DES PLAINES LE Mayor By: Fire Chief ELK GROVE VILLAGE By: Craig B. Johnson Mayor