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IGA Mutual Aid Agreement -Elmhurst Fire Department 03-13-1979 A G R E E M E N T ME URANDUM OF AGREED' nude and entered into on the �L _i day of 1k A 197f, by and between the Village of Oak Brook of DuPage County, Illinois, a municipal corporation, hereinafter sometimes referred to as the First Party, and the City of Elmhurst of DuPage County, Illinois, a municipal corporation, hereinafter sometimes referred to as the Second Party, WITNESSETH: WHEREAS, the parties hereto operate individual fire departments in and for their respective mu-licipali.ties and/or fire protection districts, and WHEREAS, in case of an emergency arising within the territories of the -respective parties hereto, it is desirable and often necessary to require additional equipment and personnel beyond that which each individual munici- pality is able to furnish from its own resources in combating such emergency, and WHEREAS, the parties hereto recognize that such an emergency is likely to arise and desire to provide a system of mutual aid and assistance in meeting such a situation, NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto mutually agree that either party will furnish to the other party fire equipment and personnel under the following terms and conditions as; to-wit: 1. Under this agreement, the party requiring aid and assistance may sometimes herein be referred to as "the requesting party", and the party responding to such request nay sometimes herein be referred to as "the responding party". 2. Either party hereto shall, in case of an emergency or disaster in its respective territory request aid and assistance by notifying the alarm receiving office or the other party of the equipment and personnel desired and the location to which they are to respond. The movement of equipment and personnel may be in accordance with a pre-arranged "running card "assign- ment as agreed upon by both parties. `. saw 3. In the event of a request by one of the parties to this agreement for equipment, the responding party will attempt to provide a minimLun of four personnel for each piece of equipment. Nothing in this paragraph shall in- validate the provisions of paragraph 4, set forth hereinafter. 4. Either party hereto in its discretion shall have an absolute right to refuse to furnish any equipment or personnel (or portion thereof) to the other party consistent with the primary responsibility of providing fire pro- tection within its own territory. Such discretion shall be exercised by the Fire Chief, or in his absence by any Officer or personnel in charge of the fire department. 5. Equipment and personnel at the site of the fire or disaster shall be under the sole control and direction of the proper representative of the party hereto furnishing such equipment and personnel and such proper representa- tive shall have the absolute discretionary right to remove such equipment and personnel from the site aforesaid at any such time as he decides to do so. 6. Neither party not its agents, servants or representatives shall be held liable for any loss or damage by reason of its (or its representatives) failure to effectively combat any disaster or fire in the territory of the other party, or by reason of its (or its representatives) negligence in com- bating any disaster or fire in the territory of the other party, and each requesting party agrees to indemnify and save harmless each responding party (its agents, servants, employees or representatives) from any and all liability, costs, claims or actions brought about by the responding party combating any disaster or fire in the requesting party's territory. 7. The agents, servants or representatives of either party hereto (while furnishing aid to the other party as provided in this agreement) shall be deemed to be employees, servants, agents or representatives of their own municipality, and shall be considered as acting in the course of their employment of their own respective municipality. 8. With the exception of numbered paragraph 6 above, each party hereto hereby waives to the other party any and all claims against the other party for compensation for any loss, damage, personal injury or death that shall , - 2 - arise in consequence of the performance of this agreement, and each party agrees to indemnify and save harmless the other party from any and all actions, claims, costs or demands brought by or on behalf of the one party against the other party in consequence of the performance of this agreement, by each of the parties hereto. 9. The word "territory" of a party, hereto when used in this agreement shall include the area within the party's municipality and also the area out- side the corporate limits that such party is obligated to serve with fire protection. This agreement may be terminated by either party giving written notice to the other party of its termination upon a date not less than thirty (30) days from the date of the giving of such written notice. IN WITNESS WHEREOF, the respective parties hereto have executed this agreement pursuant to authority granted by its respectivecorporate authority. VILLAGE OF OAK BROOK y`�P�' e t ATTEST Village Clerk CITY OF ELMHURST Ma r ATTEST: By: City Cler - 3 - R-50-78 R E S O L U T I O N WHEREAS, in case of an emergency arising within the territory protected by the Elmhurst Fire Department it is sometimes desirable and necessary to request additional equipment and personnel from other fire departments ; and , WHEREAS, an agreement has been prepared which formalizes mutual aid procedures for emergencies arising within the territory protected by the Elmhurst Fire Department, and in the territory protected by fire departments desiring to enter into mutual aid -agreements with the City of Elmhurst; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELMHURST, DUPAGE COUNTY, ILLINOIS, that it authorizes the Mayor and City Clerk to execute a mutual aid agreement with the Village of Villa Park, the Village of Oak Brook and the Leyden Fire Protection District. Approved this 7 �� day of ;:��-�1-<<� , 1978 y Ma(or Adopted this r G day of <', f�-- -tt� s, 1978 Ayes : /- Nays : City Clerk U Cs�les To All E'n.c - Officials VML:-'CE OF (IV, BPi'-{ Mi-n tes _4- `wrC,1 i3, 19'79 V GLD BUSLNEESS b.i...d---lin i ._ Oc'L a`i & Rr_'C.ent Dri,,'; -' Street r - An afire--rent existed with the Brook Forest Corr_ uidty Association to install street lighting at the entrances from Oa}; Brook Road. Trustee R,,sh rived - seconded by Trustee Reynolds.. . To authorize advertising for bids for one (1) street light at Regent Drive and Oak Brook Road, bids to be received April 3, 1979. D.isCL15s cn followed and Trustee Reynolds presented questions relative to the promised i--provement. Trust —e Rpynolds moved seconded by Trustee Cerne. . . To table this for review with the Brook Forest n 'ty Association. Voice rote - all in favor So ordered VI NEW BUSINESS A. Mumicipal Jail and Ipckup Ind:e- ion Report Trustee Glaves commented on report of State of Illinois, Department of Corrections, that the Village is in compliance with the Municipal Jail and Lookup Standards. B. Paramedic Analysis Questions arose relative to the cost options and fire ratings related to the various levels of service of =L versus Paramedic.. Mr. James Benes, representing OBACI, indicated his organization is a=waiting the Board's decision. This will be further discussed as a budget item at the Committee of the ,,;hole 1,1eting. ' C. Mutual Aid -- Fire Department Trustee Glaves moved seconded by Trustee Cerne... To approve the proposed draft of the Fire Protection Ymtual Aid AgreErent with Addison, Butterfield Fire Protection District, Clarendon Hills, Hinsdale, 1cobard, Westmont, Westchester, York Center Fire Protection District and Yorkfield Fire Protection District, and those previously submitted by the Village of Downers Grove, the Village of Villa Park and the City of Elmhurst Poll call vote - Ayes: Trustees Cerne, Glaves, Philip, Reynolds, and Rush Nays: None Absent: Trustee Brown and President Howwell So ordered D: Police Testing Corsor'iu An analysis .,,;as made of the testing process cost to fill positions in t a Czkk Brook Police Departnmt, and the Police & Fire Comi.ssion has en: orsed this program. Trustee Glaves rmred - seconded by Trustee Rush... To -authorize the joining of the Police Testing Consortium and that to Police Chief be the Village representative. Roll call_ Aves: Trustee Cerne, Glaves, Philip, Reynolds, and Rush Nays None Absent: Trustee BrarAn, and President Howell So ordered V��:GE OF OAK BROOK Minutes -4- iJfarch 13, 1979 9�P`OF ,yEc � Q O 119 SCHILLER STREET p ? J ELMHURST. ILLINOIS 60126 (312) 834-1800 61 1910 ABNER S.GANET MAYOR DOROTHY LENTZ CITY CLERK KENNE P. BRISTOL CITY TREASURER ROBERT T.PALMER CITY MANAGER December 5, 1978 Mr. Kenneth Carmignani Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Dear Ken: The City of Elmhurst would like to include the Village of Oak Brook in our Mutual Aid program. This action was authorized by our City Council on October 17, 1978. A copy of the agreement and the authorizing resolution are enclosed for your use. I understand that the Mutual Aid Program has been discussed extensively between Chief Swanson and Chief Clark and they have reached an agreement as to what extent aid will be supplied to specific areas in each coma ity. sin ly, p -x bert Palmer City Manager CC: Chief Swanson Chief Clark