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R-778 - 05/22/2001 - AGREEMENT - Resolutions Exhibits-e AGREEMENT THIS AGREEMENT made and entered into this a D, day of 12001 by and between The Illinois State Toll Highway Authority (hereinafter referred to as the "Authority "), and the Village of Oak Brook Fire Department (hereinafter referred to as the "Department ") WITNESSETH WHEREAS, the Authority has been created and derives its power and authority pursuant to 605 ILCS 10 /1 et seq , and WHEREAS, in order to insure the highest degree of safety in the operation of the Northern Illinois Tollway, the Authority adopted Resolution No 5458 authorizing necessary agreements with appropriate Fire Protection Departments and Municipal Fire Departments to provide fire protection and emergency services, and Resolution Nos 9589 and 9885 setting rates of reimbursement for the provision of such services, and WHEREAS, the Department was created by and operates pursuant to general powers conferred under the Fire Department Act, 701 ILCS 705/1 et seq , and WHEREAS, the Department is duly qualified and agreeable to providing necessary fire protection and emergency services as required by the Authority NOW, THEREFORE, in consideration of mutual covenants herein contained, the parties hereto agree as follows 1 The Authority agrees to reimburse the Department for fire protection and emergency services and materials according to the following schedule of charges 1 and reimbursements, or in accordance with any revisions to this schedule adopted from time -to -time by Resolution of the Authority's Board of Directors a $300 00 for responding to a fire call or medical call made by and authorized representative of the Authority, b a flat rate of $50 00 for each additional piece of fire equipment that is dispatched to an accident site, c Actual cost to the Department for all foam used in excess of five (5) gallons and total reimbursement to the Department for loss or damage of equipment and use of supplies, d $150 00 for each hour or portion thereof in excess of two (2) hours that equipment is required to complete response to the emergency, e $150 00 for each fire rescue unit which is required, f $300 00 maximum for each fire ambulance responding to a call made by an authorized representative of the Authority, g If helicopter rescue services are provided in accordance with criteria established by the hospital originating the request for such rescue services, such services shall be billed directly by the helicopter rescue service to the user, h Special hazardous material rescue and clean up services not provided by the Department shall be billed directly by the provider to the person(s) or entities who caused such services to be required 2 The Department, for and in consideration of the compensation above specified,' agrees to provide services as follows 2 a Each Fire Protection Department agrees to use best efforts to provide fire protection and emergency services for lives and property on that portion of the Illinois Tollway System described in Exhibit "A ", which is attached hereto and made a part hereof Exhibit "A" may be amended by written agreement of the parties when changes in assigned territory are required to more efficiently serve the needs of Tollway patrons b To proceed, whenever fire equipment is available, to the designated locations on the Tollway System as directed by an authorized representative of the Authority The Department shall make every effort to provide its own back -up response when its own manpower and /or equipment is not available for call -out In the event that an emergency call is directed to the Department from another source, the Department shall promptly notify an authorized representative of the Authority of the nature of the emergency and the designated location c To respond with necessary available equipment and manpower as indicated by the information given by an authorized representative of the Authority d To present to the Authority within forty -five (45) days a proper invoice setting forth the hour, date, time and place of the response to the call of an authorized representative of the Authority, designating the type of service rendered and the amount of payment requested pursuant to this Agreement The Authority shall guarantee payments to the Department when said invoices are properly submitted In the alternative, the Department may bill Tollway patrons for such services directly at its established rates, but the Department shall not, in such case, bill the Authority for the same qualified services, and the Authority shall be under no obligation to guarantee payment or to pay for such services in the event the Department fails to obtain payment directly from the Tollway patron 3 v� o ATTEST Village of Oak Brook 1e 'Aulj c`. / I 6�-, Title - Villa Clerk (1(,1,� Tale i Villag resident C. Either party to this Agreement may terminate this Agreement by notifying the other party in writing Such notice shall be effective ninety (90) days from the date of the notice Such notice shall be immediately sent by U S Mail or delivered by Messenger to- Department Authority Village of Oak Brook Fire Department The Illinois State Toll Highway Authority 1212 Oak Brook Road 2700 Odgen Avenue Oak Brook, IL 60523 Downers Grove, IL 60515 Attention: Chief Deborah Jarvis Attention Eugene J Kennelly, Chief Counsel IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year set out above ATTEST The Illinoi State T -Hi(hw y uthority /11A4 By S 4c r ary // " Its �Z' r, Approved To Fora And Constitutionality Attorney General, State of Illinois 4 C EXHIBIT "A" Oak Brook Fire Department ASSIGNED TERRITORY I -88 (East -West) Tollway Milepost marker 134 8 to 141 0 Westbound I -88 (East -West) Tollway Milepost marker 137 1 to 141 0 Eastbound I -294 (Tri- State) Tollway Milepost marker 28 1 to 31 5 Northbound & Southbound as well as Plaza 35 and M -2 Maintenance facilities The above referenced territories consist of all exit and entrance ramps including but not limited to the "M" and "N" ramps between I -88 and I -294