HomeMy WebLinkAbout002-R-21 IGA with Wilmette Fire Department to Share Fire Suppression Vehicles and Emergency Vehicles12/17/2020
2-R-21
A RESOLUTION
Authorizing the City Manager to Execute an Intergovernmental
Agreement with the Village of Wilmette Fire Department to Share Fire
Suppression Vehicles and/or Emergency Medical Service Vehicles
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the
Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and
encourage intergovernmental cooperation; and
WHEREAS, the Parties desire to enter into the attached
intergovernmental agreement to aid the City of Evanston and the Village of Wilmette in
sharing of fire suppression vehicles and/or emergency medical service vehicles; and
WHEREAS, the Evanston City Council has determined that it will serve
and be in the best interest of the City to enter into the Agreement with Cook County;
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Recitals. The City Council hereby adopts the foregoing
recitals as its findings, as if fully set forth herein.
SECTION 2: The City Council hereby approves, pursuant to the City of
Evanston's home rule power, the Agreement in the form attached to this Resolution as
Exhibit A.
SECTION 3: The City Manager is hereby authorized to sign the
"Intergovernmental Agreement Between the City of Evanston and the Village of
122-R-20
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Wilmette for Use of Emergency Vehicles", attached hereto as Exhibit A and
incorporated herein by reference.
SECTION 4: This Resolution shall be in full force and effect from and after
its passage and approval in the manner provided by law.
Attest:
C� -
Devon Reid, City Clerk
Adopted: January 11
2021
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1-,� M\4Y-qK-
Stephen H. Hagerty, Mayor
Approved as to form:
Kelley A. Gandurski, Corporation Counsel
122-R-20
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
EVANSTON AND THE VILLAGE OF WILMETTE FOR USE OF
EMERGENCY VEHICLES
The following Intergovernmental Agreement ("IGA") is entered into this _ day of
, 2021 and formalizes an agreement by and between the City of
Evanston, a municipal corporation, acting by and through its Fire Department ("EFD")
(hereinafter "Evanston") and the Village of Wilmette ("Wilmette") (and collectively with
Evanston, the "Parties" or each a "Party").
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. In addition, the
provision of the Intergovernmental Cooperation Act, (5 ILCS 220/1, et seq.), authorizes
and encourages intergovernmental cooperation; and
WHEREAS, the Parties from time to time, desire to borrow from the other
fire suppression vehicles and/or an emergency medical service vehicle, including the
equipment thereon. The vehicles and the equipment on the vehicles described herein
are collectively referred to .as "Emergency Vehicles." Evanston and Wilmette desire to
borrow the other's Emergency Vehicle to serve the needs of their respective residents
when the Parties' own Emergency Vehicles are insufficient in number or unavailable for
use; and
WHEREAS, in the spirit of intergovernmental cooperation, the Parties
desire to grant the other permission to borrow Emergency Vehicles when the respective
Party does not require their use; and
WHEREAS, the Parties desire to enter into this IGA to set forth the rights
and obligations of Evanston and Wilmette with respect to Emergency Vehicles; and
WHEREAS, pursuant to §1-17-1.(a) of the Evanston Municipal Code, the
City, through its City Manager (or designee), for the benefit of Evanston is authorized to
enter into agreements for the conduct of such affairs of the City of Evanston upon
approval by Evanston's City Council.
NOW THEREFORE, in consideration of the foregoing recitals, and the
mutual covenants and undertakings hereinafter set forth, the receipt and sufficiency of
which are hereby acknowledged, it is agreed between the Parties hereto, as follows:
1. Recitals. The recitals set forth above are incorporated herein by reference and
made a part hereof.
2. The Emergency Vehicle. The Parties agree to make available for temporary
possession an emergency vehicle to the other, if deemed available by the loaning
party, to the other upon reasonable notice.
3. Recall of Vehicle. The loaning party can request recall of the emergency vehicle if
needed upon reasonable notice pursuant to Section 9 herein. The borrowing party
shall return the Emergency Vehicle within (24) hours.
4. Compliance with All Laws Generally. The Parties agree that the borrowing /
loaning of the Emergency Vehicles will comply with all applicable laws, statutes,
ordinances, and regulations in effect now or later and whether or not they appear in
this IGA.
5. Term. This IGA shall be in effect through December 31, 2021 unless earlier
terminated. Notwithstanding the foregoing, this IGA may be terminated by either
Party at any time with or without cause with thirty (30) days prior notice in writing.
This IGA will not automatically renew.
6. Evanston's Responsibilities. In connection with the IGA, Evanston agrees to the
following:
In Borrowing Emergency Vehicle from Wilmette:
A. To pay for any damage to, or repairs necessary for, the Emergency Vehicle or to
the property of Wilmette that occurs while Evanston is using the Emergency
Vehicle, including all damage caused by Evanston's employees, agents,
contractors or volunteers. Upon written notice as set forth under Section 9 herein
from Wilmette, Evanston shall pay for said damage to the Emergency Vehicle
and/or Wilmette's property within sixty (60) days upon receipt of said notice
B. Will inspect the Emergency Vehicle for any prior damage not resulting from
Evanston's use of the Emergency Vehicle prior to possession and operation and
notify Wilmette in writing pursuant to Section 9 herein of any prior damage not
caused by Evanston. Said damage shall be the responsibility of Wilmette.
C. Evanston shall not make any material modifications or repairs to the Emergency
Vehicle without the prior written approval from Wilmette.
D. Evanston shall return the Emergency Vehicle to Wilmette for repair, maintenance
or inspection upon forty-eight (48) hours written notice pursuant to Section 9
herein.
E. Evanston agrees to provide the fuel for the Emergency Vehicle and will return the
Emergency Vehicle to Wilmette with at least three-quarters (314) of a full tank.
F. Will provide regular cleaning maintenance of the Emergency Vehicle according to
industry standards.
G. Will deliver the Emergency Vehicle to Wilmette at the end of the term in a good
and working condition.
H. Will provide a Certificate of Insurance to Wilmette indicating Evanston's self -
insured retention and excess coverage liability policy for the Emergency Vehicle
naming Wilmette as an additional insured.
I. Understands that the Emergency Vehicle is being delivered in an "As -Is"
condition except for defects or limitations of said Emergency Vehicle noted in
Paragraph 5B herein.
In Loaning Emergency Vehicle to Wilmette:
J. To ensure that the Emergency Vehicle is operating in a good and reliable
condition, and to ensure regularly scheduled maintenance of said Emergency
Vehicle.
K. To ensure that any damage to the Emergency Vehicle prior to Wilmette's
possession is either repaired or noted in writing and said writing is delivered to
Wilmette in accordance with Section 9 herein.
L. To assume responsibility for any damage to the Emergency Vehicle while not in
Wilmette's possession or control.
M. To provide Wilmette with all written preventative maintenance schedules of the
Emergency Vehicle upon forty-eight (48) hours written notice pursuant to Section
9 herein.
N. To provide Wilmette with all necessary manufacturer materials or manual
materials for operation of the Emergency Vehicle.
F. To deliver the Emergency Vehicle with at least three-quarters (314) of a full tank
of fuel.
G. Will provide a Certificate of Insurance to Wilmette indicating that the Emergency
Vehicle is covered under a full -coverage property policy for the replacement cost
of the Emergency Vehicle pursuant to Section 14 herein.
H. Will accept the Emergency Vehicle at the termination of this IGA and/or upon a
mutually agreed upon date and time by the Parties.
7. Wilmette's Responsibilities. In connection with the IGA, Wilmette agrees to the
following:
In Borrowing Emergency Vehicle from Evanston:
A. To pay for any damage to, or repairs necessary for, the Emergency Vehicle or to
the property of Evanston that occurs while Wilmette is using the Emergency
Vehicle, including all damage caused by Wilmette's employees, agents,
contractors or volunteers. Upon written notice as set forth under Section 9 herein
from Evanston, Wilmette shall pay for said damage to the Emergency Vehicle
and/or Evanston's property within sixty (60) days upon receipt of said notice.
B. Will inspect the Emergency Vehicle for any prior damage not resulting from
Wilmette' use of the Emergency Vehicle prior to possession and operation and
notify Evanston in writing pursuant to Section 9 herein of any prior damage not
caused by Wilmette. Said damage shall be the responsibility of Evanston.
C. Wilmette shall not make any material modifications or repairs to the Emergency
Vehicle without the prior written approval from Evanston.
D. Wilmette shall return the Emergency Vehicle to Evanston for repair, maintenance
or inspection upon Forty-eight (48) hours written notice pursuant to Section 9
herein.
E. Wilmette agrees to provide the fuel for the Emergency Vehicle and will return the
Emergency Vehicle to Evanston with at least three-quarters (3/4) of a full tank.
F. Will provide regular cleaning maintenance of the Emergency Vehicle according to
industry standards.
G. Will deliver the Emergency Vehicle to Evanston at the end of the term in a good
and working condition.
H. Will provide a Certificate of Insurance to Evanston indicating Wilmette's self -
insured retention and excess coverage liability policy for the Emergency Vehicle
naming Evanston as an additional insured.
I. Understands that the Emergency Vehicle is being delivered in an "As -Is"
condition except for defects or limitations of said Emergency Vehicle noted in
Paragraph 6B herein.
In Loaning Emergency Vehicle to Evanston:
J. To ensure that the Emergency Vehicle is operating in a good and reliable
condition, and to ensure regularly scheduled maintenance of said Emergency
Vehicle.
K. To ensure that any damage to the Emergency Vehicle prior to Evanston's
possession is either repaired or noted in writing and said writing is delivered to
Evanston in accordance with Section 9 herein.
L. To assume responsibility for the Emergency Vehicle not in Evanston's
possession or control.
M. To provide Evanston with all written preventative maintenance schedules of the
Emergency Vehicle upon forty-eight (48) hours written notice pursuant to Section
9 herein.
N. To provide Evanston with all necessary manufacturer materials or manual
materials for operation of the Emergency Vehicle.
O. To deliver the Emergency Vehicle with at least three-quarters (1/4) of a full tank
of fuel.
P. Will provide a Certificate of Insurance to Evanston indicating that the Emergency
Vehicle is covered under a full! -coverage property policy for the replacement cost
of the Emergency Vehicle pursuant to Section 14 herein.
Q. Will accept the Emergency Vehicle at the termination of this IGA and/or upon a
mutually agreed upon date and time by the Parties.
8. The Parties' Joint Responsibilities. The Parties jointly agree to the following:
A. The Emergency Vehicle shall be maintained according to the terms of this IGA.
B. The Parties agree that normal wear and tear of the Emergency Vehicle is
acceptable and neither Party shall be responsible to the other for normal wear
and tear as is expected from customary use.
C. The Parties agree that each is responsible for training of their own personnel
using, operating or occupying the Emergency Vehicle.
D. Whoever uses the Emergency Vehicle shall operate the Emergency Vehicle with
due care, with permission from the respective Party in proper chain -of -command,
with proper training, applicable certification and licenses, review any safety
instructions and operational manuals, and knowledge and training of any
onboard safety equipment.
E. The Parties shall designate an individual to discuss issues, concerns, questions
or matters pertaining to the Emergency Vehicle, and when such matters arise,
the Parties shall meet to reasonably discuss the concerns of the respective Part.
9. Notices. All notices, demands, requests or other communication desired or required
under this IGA shall be in writing and sent to the addresses set forth below, via the
following means: (a) personal service; (b) electronic communication, by facsimile
together with confirmation of transmission; (c) overnight courier; or (d) registered or
certified US Mail, postage prepaid, return receipt requested.
If to the City: City of Evanston
Evanston Fire Department
Division Chief Kimberly Kull
909 Lake Street Evanston,
IL 60201
kkull@cityofevanston.org
847-866-5922
With Copies to: Department of Law
Kelley A. Gandurski
Corporation Counsel
2100 Ridge Ave
Evanston, IL 60201
kgandurski@cityofevanston.org
847-448-8009
If to Wilmette: Village of Wilmette
Wilmette Fire Department
Fire Chief Ben Wozney
1304 Lake Avenue
Wilmette, IL 60091
firechief(d*Imette.com
847-251-1101
Changes in these addresses must be in writing and delivered in accordance
with the provisions of this Section 8. Notices delivered by mail are considered
received three days after mailing in accordance with this Section 8. Notices
delivered personally are considered effective upon receipt. Refusal to accept
delivery has the same effect as receipt.
9. Authority. Execution of this IGA by the City is authorized pursuant to §1-17-1(a) of
the Evanston Municipal Code and must be approved by Evanston's City Council.
10. FOIA and Local Records Act Compliance.
A. FOIA. Both Evanston and Wilmette are subject to the Illinois Freedom of
Information Ac, 5 ILCS 140/1 et seq., as amended ("FOIA"). The FOIA requires
the Parties to produce records (very broadly defined in FOIA) in response to a
FOIA request in a very short period of time, unless the records requested are
exempt under the FOIA. If either Party receives a request from the other to
produce records within the scope of FOIA, then the Parties covenant to comply
with such request within forty-eight (48) hours of the date of such request.
Failure of either Part to timely comply with such request will be a breach of this
IGA.
B. Except Information. Documents that the Parties submit to the other under this
IGA or otherwise during the term of the IGA that contain trade secrets and
commercial or financial information may be exempt if disclosure would result in a
competitive harm. However, for documents to be treated as a trade secret or
information that would cause competitive harm, FOIA requires that Parties mark
any such documents as proprietary, privileged or confidential. If either Party
marks a document as "proprietary, privileged and confidential", then the other
Party will evaluate whether such document may be withheld under the FOIA.
Each Party, in its discretion, will determine whether a document will be exempted
from disclosure, and that determination is subject to review by the Illinois
Attorney General's Office and/or the courts.
C. Local Records Act. Both Parties are subject to the Local Records Act, 50 ILCS
205/1 et seq., as amended (the "Local Records Act"). The Local Records Act
provides that public records may only be disposed of as provided in the Local
Records Act. If requested by the other, either Party covenants to use its best
efforts consistently applied to assist the other Party in its compliance with the
Local Records Act concerning records arising under or in connect with this IGA
and the transactions contemplated in the IGA.
11. Records. The Parties shall maintain for a minimum of five years from the later of the
date hereof or the end of the Term, adequate books, records and supporting
documents. If an audit, litigation or other action involving the records is begun before
the end of the five-year period, the records shall be retained until all issues arising
out of the action are resolved.
12. Mutual Release of Claims. The Parties agree to mutually release and hold the
other, their officers, officials, members, agents, employees and volunteers harmless
from and against any and all losses, costs, damages, liabilities, claims, suits,
judgments, demands, actions, causes of action of every kind or nature and
expenses (including, without limitation, attorneys' fees and court costs) arising out of
or incidental to the IGA. Each Party shall timely notify the other with regard to all
suits brought upon such claim under the IGA and the Parties shall pay their own
costs and expenses incidental thereto. The obligations set forth in this Section 12
shall survive any termination or expiration of this IGA.
13.Insurance. Each Party shall maintain such policies of general and professional
liability insurance as shall be necessary to insure it, and its employees, contractors,
agents and volunteers against any claim or claims for damages arising by reason of
an act or omission in the performance of its respective obligations hereunder. Such
policies shall be carried in the amounts of not less than $1,000,000 per occurrence.
Each Party shall further maintain workers' compensation and unemployment
compensation policies for its respective employees, contractors, agents and/ or
volunteers. The Parties shall provide the other upon execution of this IGA
Certificates of Insurance as set forth in this IGA naming the other as additional
insureds.
14. Entire Agreement. This IGA contains the entire agreement of the Parties and there
are no other promises or conditions in any other agreement whether oral or written.
This IGA supersedes any prior written or oral agreements between the Parties.
15. Amendment. This IGA may be modified or amended, but any such amendment
must be in writing and signed by both Parties.
16. Severability. If any provision of this IGA shall be held to be invalid or unenforceable
for any reason the remaining provisions shall continue to be valid and enforceable,
and if by the Parties mutually agreed limiting of such provision it would become valid
and enforceable, then such provision shall be deemed to be written, construed, and
enforced as so limited.
17. Assignment; Parties in Interest. Neither Party may sell, assign or transfer this IGA
without the prior written consent of the other Party hereto. The terms and provisions
of this IGA are binding upon and inure to the benefit of, and are enforceable by, the
respective successors and permitted assigns of the Parties hereto.
18. Counterparts. This IGA may be executed in counterparts with the same effect as if
both Parties had signed the same document. All such counterparts shall be deemed
an original, shall be construed together and shall constitute one and the same
instrument.
19. Governing Law. This IGA shall be governed by and construed in accordance with
the internal laws of the State of Illinois.
20. Non -liability of Officials. No official, employee, agent, contractor or volunteer of
Parties shall be charged personally by the other or by an assignee or subcontractor,
with any liability or expenses of defense or be held personally liable under any term
or provision of this IGA because of their execution or attempted execution or
because of any breach hereof.
21. Disclaimer. Nothing contained in this IGA nor any act of the Parties shall be
deemed or construed by either of the Parties, or by any third person, to create or
imply any relationship of third -party beneficiary, principal or agent (except as
specifically provided otherwise herein), limited or general partnership or joint
venture, or to create or imply any association or relationship involving the Parties.
22. Waiver. Nothing in this IGA authorizes the waiver of a requirement or condition
contrary to law or ordinance or that would result in or promote the violation of any
federal, state or local law or ordinance.
23.IN WITNESS WHEREOF, the Parties have caused this IGA to be executed and
delivered as of the date first above written.
The Village of Wilmette
0
Signature of authorized representative
Printed Name
Title of Signator
The CITY OF EVANSTON, a municipal
corporation:
A --
Erika Storlie
City Manager
City of Evanston