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IGA Fire Protection Assistance Agreement with OakBrook Terrace 12-11-1979 INTERGOVERNMENTAL FIRE PROTECTION ASSISTANCE AGREEMENT The Village of Oak Brook, DuPage and Cook Counties , Illinois , and the Oak Brook Terrace Fire Protection District pursuant to Article VII , Section 10 of the Constitution of the State of Illinois and Chapter 24 , Section 11-6-1 of the Illinois Revised Statutes (1977) , agree as follows z I . Purpose The purpose of this Agreement is to provide for mutual fire protection aid between the parties hereto in certain situations where such aid is necessary and desirable to best serve the interests of the parties in pre- serving property and the health, safety and welfare of the public. II . Power and Authority (a) Each party hereto hereby authorizes and directs its Fire Chief or his designee to render and request mutual fire protection aid from the other party to the extent of avail- able personnel and equipment not required for adequate protection -of the party rendering aid. The judgment of the Fire Chief or his designee of the party rendering aid as to the amount of personnel and equipment available shall be final . Whenever a fire or disaster is of such magnitude and consequence that the Fire Chief of the re- questing party deems it advisable and requests assistance under this Agreement, the Fire Chief or his designee of the aiding party shall forth- with take the following action: a. Immediately determine what equipment is required according to the Mutual Aid Intergovernmental Fire Protec`tit�n: Assistance Agreement Page two Box Alarm Assignment. Box Alarm Assignments shall be developed and agreed upon by the Chiefs of the parties hereto. b. Immediately determine if the re- quired equipment and personnel can be committed in response to the request from the requesting party. c. Dispatch immediately available personnel and equipment as required by the requesting municipality in accor- dance with the Box Alarm Assignments . d. In the event that personnel and equipment requested is required for adequate protection of the party ren- dering aid, the aiding party shall im- mediately notify the requesting party of same. III . Control of Personnel and Equipment Personnel sent to the requesting party under this Agreement shall remain employees of the party rendering aid and shall be considered as acting in the course of their employment of their own respective municipality. Personnel and equipment from the party rendering aid shall report for di- rection and assignment to the Fire Chief or senior fire officer of the requesting party present at the scene of aid and shall thereupon be under his direction and control . Notwithstanding, the party rendering aid shall at all times retain the option to withdraw aid upon direction of its Fire Chief or designee. IV. Compensation Fire protection aid under this Agreement shall be Intergovernmental Fire Protection- Assistance Agreement ' Page three rendered without charge to the requesting party. V. Idemnification Each party hereto requesting aid under this Agreement shall idemnify the aiding party, and any employee thereof, for any liability arising out of personal injury or property damage to a third party caused by any employees involved in rendering aid, except that there shall be no indemnification for any liability arising out of any willful misconduct. of any employee, nor for any liability arising out of the driving of fire trucks or automobiles to and from the scene of aid pursuant to a request under this Agreement. Each party hereto agrees to waive all claims a- gainst the other for personal injury to its em i ployees or property damage to its property oc- curring in consequence of performance under this Agreement. VI . Limitation of Liability Neither party and its agents , servants or rep- resentatives 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 combating any disaster or fire in the territory of the other party, and each requesting party agrees to indemnify and save harmless each party render- ing aid and its agents , servants , employees or rep- resentatives from any and all liability, costs , claims or actions brought about by the said party combating any disaster or fire in the requesting party' s territory, Intergovernmental Fire Prote!Ctibn`. Assistance Agreement Page four VII . Effectiveness This Agreement shall be in full force and ef- fect upon approval by the respective corporate authorities , as provided by law, and upon proper execution thereof. VIII . Termination Either party may terminate this Agreement upon ninety (90) days written notice to the other party. Written notice under this section shall be considered given upon deposit of that written notice in the United States Mail , certified mail, ` with proper postage prepaid , addressed to the offices of the other party. IN WITNESS WHEREOF , the respective parties hereto have executed this Agreement pursuant to authority granted by _their re- spective corporate authorities VILLAGE OF BROOK f r BY: ATTEST• DATE : _( % L2 OAK BR190K TERRACE FIRE PROTECTIONy DISTRICT BY: ATTEST: j - rte DATE : VILLAGE OF OAK BROOK MINUTES 5 December .11, 1979 D. Approval of Bills Accounts Payable dated December 11, 1979, presented and amended to reflect payment from the following funds as follows: Corporate Fund $5541980.18 Motor Fuel Tax Fund 1,683.52 Revenue Sharing Fund 3,286.07 Water System Funds 56,152.67 Sports Core Fund 14,954.42 Sports Core Operational Fund 15,824.12 1976 Revenue Bonds 9,946.00 GRAND TOTAL -T6-56.%826.98 Trustee Rush moved - seconded by Trustee Congreve. . . To approve for payment in the sums listed for the various accounts as set forth in the Accounts Payable Summary Sheet in the amount of $656,826.98. Roll call vote: Ayes: Trustees Congreve, Philip, Reynolds, and Rush Nays: none President Cerne indicated approval of the motion. So ordered E. Sports Core Analysis Trustee Philip commented on the fiscal analysis of the Sports Core for the past six months, which reflected a profit of $51,070.00. V OLD BUSINESS Intergovernmental Fire Protection Agreement- Village of Oakbrook Terrace Trustee Philip moved -seconded by Trustee Congreve. . . To authorize execution of Intergovernmental Fire Protection Agreement with Oakbrook Terrace Fire Protection District as presented and corrected. Roll call vote: Ayes: Trustees Congreve, Philip, Reynolds, and Rush Nays: none President Cerne indicated approval of the motion. So ordered VI NEW BUSINESS A. Contract - Golf Carts Proposals were sought for the leasing and servicing of electric golf carts for the Oak Brook Golf Club and four (4) suppliers submitted information. Trustee Philip moved - seconded by Trustee Rush. . . To execute a lease agreement with Nadler Harley-Davidson of Aurora for 33 carts under a 50/50 ,split of gross revenue. Roll call vote: Ayes: Trustees Congreve, Philip, Reynolds, and Rush Nays: none So ordered President Cerne indicated approval of the motion, B. Authority to Bid - Furniture, Furnishings & Carpet - Golf Course Building Trustee Philip moved - seconded by Trustee Congreve. . . V1LIzAC,�, OF OAK BROOK MINUTES 5 December 11, 1979 �... OAKBROOK TERRACE FIRE PROTECTION DISTRICT 17W400 BUTTERFIELD ROAD OAKBROOK TERRACE, ILL. 60181 November 26, 1979 Village of Oak Brook Jorie Blvd. & 31st St. Oak Brook, Ill. Dear Sir: Enclosed please find two copies of your Intergovernmental Fire Protection Assistance Agreement which are completely signed by our District and as a reciprocal from you, we would like the second copy signed by your officers and returned to the Oakbrook Terrace Fire Protection District. This agreement has taken a consider amount of time from us because we haven't had the correct type of insurance to cover us for such legal agreements within the Mutual Aid clauses. Thank you. Sincerely, Emma M. Tuttle, secretary