IGA Fire Protection Assistance Agreement with Villa Parkr 03-13-1979 A G R E E M E N T
MEMORANDUM OF AGREEMENT made and entered into on the day of
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A M �?
by and between the Village of Villa Park of DuPage
County, Illinois, a municipal corporation, hereinafter sometimes referred to
as the First Party, and the Village of Oak Brook 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 municipalities 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 may 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
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 he in ac-
cordance with a pre-arranged "running card" assignment as agreed upon by both parties.
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 minimum of four personnel
for each piece of equipment. Nothing in this paragraph shall invalidate 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 protection 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.
S. Equipment and personnel at 'the site of the fire or disaster shall be under
the sole control of the requesting party or its supervisor;._however,. it is understood
that orders and directions to the personnel of the responding party shall be given.2 I
through the supervisor of the responding party. It is further understood that the super-
visor of the responding party shall have the absolute discretionary right to remove such
equipment and personnel from the site aforesaid at any such time he may determine..
6. Neither party nor its agents, servants or representatives shall be held
liable for any loss or damage by reason of its (or its representatives) failure to effec-
tively 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 responding party (its agents, servants, employees or representatives) from any
and all liability, costs, claims or actions brought about by the responding party com-
bating any disaster or fire in the requesting party's territory.
7. The agents, servants or representatives of either party hereto (while fur-
nishing 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,
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
agains 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 respective corporate authority.
VILLAGE OF VILLA PARK
PresidUf
ATTEST:
' e
DeputJ Village Clerk
VILLAGE OF OAK BROOK
By
ident
ATTEST:
' Village Clerk
-3-
a
OF O X BF-z , i-?u`es -4-- IN.Iarch 13, .1979
V OLD BUSu��SS
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- Oak �_L_, }'^. < & .." :ent Dr_i.v - Street Ii`:iZt
- — .�
An agre-Lment existed with the Brook Forest Community Association
to install street lighting at the entrances from Brook Road.
Trus tee Rus h :moved -- 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.
DiscussiUn followed and Trustee Reynolds presented questions relative to
the prc;m-sed unproven`-nt.
Trustee Ra_;rn<olds moved - seconded by Trustee Cerne. . .
To table this for review with the. Brook Forest Ckramnity Association.
Voice vote - all in favor So ordered
VI NOR BG I\ESS
A. Municipal Jail and Lockup Inspection Retort
Trustee Glaves commented on report of State of Illinois, Department of
Corrections, that the Village is in compliance with the Municipal Jail
and Lockup Standards.
B. Paramedic Analysis
Questions arose relative to the cost options and fire ratings related to
the various levels of service of FU versus Paramedic- Mr. James Benes,
representing OBACI, indicated his organization is awaiting the Board's
decision. This will be further discussed as a budget item at the
Ccnrtittee of the Whole Meeting.
C, Mutual Aid Fgreem�nts - Fire Department
Trustee Glaves moved seconded by Trustee Cerne...
To approve the proposed draft of the Fire Protection. Mutual Aid Agreement
with Addison, Butterfield Fire Protection District, Clarendon Hills,
Hinsdale, Lombard, Westmr_t, Westchester, York Center Fire Protection
District and York-field Fire Protection District, and those previously
submitted by the Village of Downers Grove, the Village of Villa Park and
the City of F-1-r ,,=st
Roll call vote - Ayes: Trustees Cerne, Glaves, Philip, Reynolds, and
Rush
Nays: None
Absent: Trustee Brown and President Howell So ordered
D. Po_-L--e Testing Consortium
A.n analysis was Fade of the testing process cost to fill positions in
th�e Cak Brook Police Department, and the Police & Fire Commission has
endorsed this p-rogram.
Truster G?mi-es Irovpd seconded by Trustee Rush...
To ,-.t rize the joining of the Police Testing Consortiun and that
the Police Chief be the Village representative.
Roll call vote - Ayes: Trustees Cerne, Glaves, Philip, Reynolds, and
Rush
Nays: None
Absent: Trustee Brown and President Ha.ell So ordered
V=,T ,\= OF QNK BROOK Minutes -4- March 13, 1979
OA
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NOUN
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
March 14, 1979
Mr. Lawrence Kenyon
Village Manager
Village of Villa Park
20 South Ardmore Avenue
Villa Park, Illinois 60181
Dear Mr. Kenyon:
Attached please find is an executed copy of the Mutual Aid Agreement
submitted by Villa Park. The matter was discussed in detail by the Village
Board and at the Village Board meeting of March 13, 1979 the Board authorized
execution of the mutual agreement and encourage this cooperation among mtmici-
palities.
I am looking forward to a successful operation in this regard. A
copy of the agreement has been distributed to our Fire Chief for his records
and I would hope that the same would be true in your community._ We thank you
for your cooperation in this important matter. We have prepared additional
agreements which will be submitted to all our neighboring communities in an
attempt to create a system of mutual aid which will truly address the needs
of public safety service.
Si cerely
0
Kennkth G. Carmignani
Village Manager
KGC/ss
Attachment