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Home My WebLink AboutRes 05-17 02/21/2017 Authorizing the Execution of Agreement between Elk Grove Rural Fire Protection District and VOMPRESOLUTION NO. 5-17 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE ELK GROVE RURAL FIRE PROTECTION DISTRICT AND THE VILLAGE OF MOUNT PROSPECT WHEREAS, this Intergovernmental Agreement (the "Agreement") is made and entered into by and between the Elk Grove Rural Fire Protection District (the "Fire Protection District") and the Village of Mount Prospect (the "Village"); and WHEREAS, both the 1970 Illinois Constitution (Article VII, Section 10) and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation; and WHEREAS, the Village, during 2016, has annexed into its corporate boundaries certain territories identified as the Lynn Court, Addison Court, Busse Road, East of Creek, Malmo Drive and Nordic Road and Carboy Road properties (the "Annexation Properties"); and WHEREAS, the Village, during 2017, has annexed into its corporate boundaries certain territories identified as the "United Airlines Properties;" and WHERAS, the Village now has the responsibility for providing fire protection services to the Annexation Properties; and WHEREAS, the Fire Protection District has responsibility for providing fire protection services to the unincorporated areas (the "Unincorporated Areas") within its jurisdiction; and WHEREAS, the Village is committed to assisting the Fire Protection District with its obligation to provide fire protection services to the Unincorporated Areas during the next three years; and WHEREAS, the Village and the Fire Protection District desire to work together to determine the most effective means for providing fire protection services to the Unincorporated Areas beyond the next three years; and WHEREAS, the Village and the Fire Protection District find it in their interests to establish an agreement related to the future provision of fire protection services in the Unincorporated Areas. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS PURSUANT TO ARTICLE VII SECTION 10 OF THE 1970 CONSTITUTION OF THE STATE OF ILLINOIS AND THE INTERGOVERNMENTAL COOPERATION ACT, 5 ILCS 220/1 ET.SEQ: SECTION ONE: The Board of Trustees do hereby authorize the Village of Mount Prospect to enter into an Intergovernmental Agreement between the Elk Grove Rural Fire Protection District and the Village of Mount Prospect, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Matuszak, Polit, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 21St day of February, 2017. vf.t.e. Arlene A. Juracek, Mayor ATTEST: Karen M. Ago nos Deputy Village Clerk INTERGOVERNMENTAL AGREEMENT Between the Village of Mount Prospect And the Elk Grove Rural Fire Protection District clay cel" ....�"'... µ .Agreement by �ll�l�e�twa.c: neatltaai) as made aa�cl entered into this I'hisIntergovernmental ..." , , , ill age of Mount Prospect (the "Village"), a body pcalatae "Ind corporate of the State of Illinois and the I -]k Grove lural lire Protection District, a unit of local government (hereinafter referred to as the "Fire Protection District"). The Village and the Fire Protection District are sometimes collectively referred to as the "Parties." RECITALS WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the Village and the Fire Protection District are units of government within the meaning of the Constitution of the State of Illinois, 1970, Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, the Village, during 2016, has annexed into its corporate boundaries certain territories identified as the Lynn Court, Addison Court, Busse Road, East of Creek, Malmo Drive and Nordic Road and Carboy Road properties (the "Annexation Properties"); and WHEREAS, the Village, during 2017, has annexed into its corporate boundaries certain territories identified as the "United Airlines Properties;" and WHEREAS, the Village now has responsibility for providing fire protection services to the Annexation Properties; and WHEREAS, the Fire Protection District has responsibility for providing fire protection services to the unincorporated areas (the "Unincorporated Areas") within its jurisdiction; and WHEREAS, the Village is committed to assisting the Fire Protection District with its obligation to provide fire protection services to the Unincorporated Areas during the next three years; and WHEREAS, the Village and the Fire Protection District desire to work together to determine the most effective means for the providing fire protection services to the Unincorporated Areas beyond the next three years; and WHEREAS, the Village and the Fire Protection District find it in their interests to establish an agreement related to the future provision of fire protection services in the Unincorporated Areas; and 1 NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the Parties hereto agree as follows: Section 1. 1 corporation of Recitals. The above recitals are incorporated into this Agreement as if fully set forth herein. Section 2. Village Payments to the Fire Protection District. The Fire Protection District currently contracts with American Fire and Rescue for the provision of fire protection and emergency medical services. The Fire Protection District imposes a statutory levy on property within its jurisdiction in order to pay American Fire and Rescue for its services. The Village acknowledges that bringing the Annexation Properties within its corporate boundaries reduces the funds the Fire Protection District can raise through the statutory levy. In order assist the Fire Protection District in maintaining the services of American Fire and Rescue during the next three years, the Village agrees to pay to the Fire Protection District the following amounts that reflect estimated levy payments: 2.1. The following three-year payment schedule reflects estimated levy payments for the Annexation Properties: First Year: $522,471.00 Second Year: $522,471.00 Third Year: $522,471.00 Total $1,567,411.00 2.2. The following three-year payment schedule reflects estimated levy payments for the Annexation Properties and the United Airlines properties: Fr t-Ye.ar: $665,427.00 Second Year: $665,426.00 Third—Ye r: $665,426.00 Total $1,996,279.00 2.3. In the event the Village annexes further Fire Protection District property into its corporate boundaries that reduces the funds the Fire Protection District can raise through the statutory levy, the Village shall make payments for three consecutive years reflecting 100% of estimated levy amount that the Fire Protection District would have raised for each of the three years. 2 Section 3. Continuing Education of Fire Protection District Paramedics. The Village shall continue providing continuing education for the Fire Protection District paramedics as required by the Northwest Community Hospital system.. Section 4. Mutual Aid to the Villa e. The Fire Protection District shall continue providing mutual aid to the Village pursuant to an existing agreement between the Parties. Section 5. Good Faith Plannin e for Future Provision of Fire Protection Services to the Unincorporated Areas. The Fire Protection District and the Village agree that during the three year period in which the Village shall make payments to the Fire Protection District reflected in Section 2 above, the Parties and other entities interested in the provision of fire protection services to the Unincorporated Areas — that may include American Fire and Rescue and Elk Grove Village — shall: 5.1. Work together in good faith to establish a long-term fire protection services plan for the Unincorporated Areas (the "Plan"); and 5.2. The Parties further agree that the Plan shall be created and approved by the end of the second year of the three-year schedule set forth in Section 2, above; and 5.3. The Plan shall result in the creation of an Intergovernmental Agreement between the involved parties. Section 6. Agreement Not To Initiate Court Proceedings. In consideration for the payments set forth in Section 2, above, the Fire Protection District agrees that it will not initiate any court proceedings related to the Annexation Properties, to the annexation of the United Airlines properties or to the annexation of any other Fire Protection District territory by the Village in the future when the Village agrees to compensate the Fire Protection District in the manner set forth in Section 2. Section 7. Notices. All notices, requests, demands, and other communications (collectively, "Notices") hereunder shall be in writing and given by (i) established express delivery service which maintains delivery records, (ii) hand delivery, or (iii) certified or registered mail, postage prepaid, return receipt requested, to the parties at the following addresses, or at such other address as the Parties may designate by Notice in the above manner: To Village of Mount Prospect: Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 Attn: Village Manager To Elk Grove Rural Fire Protection District: Elk Grove Rural Fire Protection District 1415 East Algonquin Road Arlington Heights, Illinois 60005 Attn: Board President cc: Fire Chief Notices also may be given by fax or electronic mail, provided the Notice is concurrently given by one of the above methods. Notices are effective upon receipt or upon attempted V I . delivery if delivery is refused or impossible because of failure to provide a reasonable means for accomplishing delivery. Section 8. General Provisions. . 8.1. Govtmltrn Law and n Venue. This Agreement shall be interpreted under, and �.....1 �"er . W._ governed by, the laws of the State of Illinois. Any claim, suit, action or proceeding brought in connection with this Agreement shall be in the Circuit Court of Cook County and both the Village and the Fire Protection District hereby irrevocably consent to the personal and subject matter jurisdiction of such court and waive any claim that such court does not constitute a convenient and appropriate venue for such claims, suits, actions or proceedings. 8.2. Modification. This Agreement may not be altered, modified or amended except by a written instrument signed by both Parties. Provided, however, the Village and the Fire Protection District agree that provisions required to be inserted in this Agreement by laws, ordinances, rules, regulations or executive orders are deemed inserted whether they appear in this Agreement and that in no event will the failure to insert such provisions prevent the enforcement of this Agreement. 8.3. F:l'wI rgrrlmftlta. This Agreement constitutes the entire agreement between the Village and the Fire Protection District, merges all discussion between them and supersedes and replaces any and every other prior or contemporaneous agreement, negotiation, understanding, commitments and writings with respect to such subject matter hereof. 8.4. Severability. If any provision of this Agreement shall be declared invalid for any reason, such invalidation shall not affect any other provisions of this Agreement which can be given effect without the invalid provision and to that extent, the provisions of this Agreement are severable. IN WITNESS WHEREOF, the Village and the Fire Protection District have caused this Agreement to be executed by their respective officials on the dates as shown. EXECUTED BY THE VILLAGE OF MOUNT PROSPECT Arlene A. Jurace' Village Presided ,2017 �i�:"h�is9da ole"�.......�. ........� ATTEST: Deputy.. ..,., ...,._.._......... Vil lage Cl 1i EXECUTED BY THE ELK GROVE RURAL FIKE PROT STI DISTRICT Jim Jablonski Elk Grove Rural Fire Protection District President, Board of Trustees te This/2 day ofr 0017 ATTEST: