IGA Pumper Storage & Use w/ Darien/Woodridge Fire District 05-22-2001 EXHIBIT A
INTERGOVERNMENTAL AGREEMENT FOR
PUMPER STORAGE AND USE
THIS AGREEMENT, made and entered into this , day of A , 2001, by
and between the Village of Oak Brook ("Village"), an Illinois municipal corporation, and the Darien-
Woodridge Fire Protection District("District"),an Illinois municipal corporation.
WITNESSETH:
WHEREAS, the Village owns a 1976 Hendrickson Custom Pumper("Pumper")which, when not
being used by the Village, may be garaged and used by the District during the term of this Agreement
hereafter set forth; and
WHEREAS, the parties desire to foster the economic and efficient utilization of public funds
expended for personal property, and, therefore, to provide for the garaging and use of such loaned
equipment by the parties to this Agreement; and
WHEREAS, the purpose of this Agreement is consistent with the goals of the Intergovernmental
Cooperation clause of the Constitution of the State of Illinois (Article VII, Section 10) and is further
authorized by 5 ILCS 220/1 et seq.
NOW, THEREFORE, in consideration of the foregoing recitals and the following covenants, the
adequacy and sufficiency of which are hereby acknowledged and agreed,the parties agree as follows:
I. AGREEMENT OF THE PARTIES
(A) The District shall garage the Pumper at its station located at 2425 75th Street, Darien, IL
60561 during the term of this Agreement. The District shall provide and pay for routine
maintenance for the Pumper,but any extraordinary maintenance shall be provided and paid for by
the Village. The District may use the Pumper for fire suppression and related activities,provided
that the Village does not first notify the District that the Village has a need for the Pumper. In the
event both the Village and the District need to use the Pumper, the Village's need shall take
precedence.
(B) Neither the District nor the Village shall impose a charge to the other party for the use or
storage of the Pumper, or for any other purpose under this Agreement.
(C) The District shall return the Pumper to the Village at the expiration or termination of this
Agreement in the same condition as when it was received by the District, except for ordinary
wear and tear.
(D) The District shall permit only capable, experienced and qualified personnel to operate
and use the Pumper.
(E) Notwithstanding any provision of this Agreement to the contrary, each party to this
Agreement shall be responsible for worker's compensation claims made by its employees, agents
or contractors.
(F) The District shall furnish the Village with proof of comprehensive general liability and
property damage insurance which includes the Pumper in amounts not less than two million
dollars($2,000,000).
(G) In the event of any claim, cause of action, suit or demand against the Village arising out
of the storage or operation of the Pumper by the District pursuant to this Agreement, whether
performed by the District, its contractors, agents and/or employees, any and all Village costs and
expenses, including all attorney's fees and court costs incurred in defending any claim, cause of
action, suit or demand shall be the sole and exclusive responsibility of the District.
(H) With respect to the District's storage and use of the Pumper as provided in this
Agreement, the District agrees to indemnify and hold the Village harmless from any and all
liability, causes of action, suits, damages or demands of whatsoever nature arising out of the
conduct of the District,its contractors,agents and/or employees(whether or not authorized)while
they are storing or using the Pumper. The District further agrees to reimburse the Village, its
officers, agents, employees and servants for any and all attorney's fees and court costs incurred
by any of such parties in defending any claim, cause of action, suit or demand for which
indemnification has been agreed.
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(I) The District waives,releases, and discharges its rights of recovery against the Village by
subrogation for any loss and damage arising out of the District's operation or use of the Pumper.
II., NO ASSIGNMENT
This Agreement shall not be assigned by any party hereto without the prior written
consent of the other party.
III. SEVERABILITY
The invalidity of any provision of this Agreement shall not impair the validity of any
other provision. If any provision of this Agreement is determined by a court of competent
jurisdiction to be unenforceable, that provision will be deemed severable and the Agreement may
be enforced with that provision severed or as modified by the court.
IV. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding of the parties and may only be
amended, modified or terminated by a written instrument signed by the parties except as herein
otherwise provided.
V. GOVERNING LAW
This Agreement shall be interpreted and construed in accordance with the laws of the
State of Illinois.
VI. TERM
This Agreement shall expire on June 1, 2003, provided that either party may terminate
this Agreement at any time upon not less than thirty (30) days prior written notice to the other
party.
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VIII. NOTICES
All notices required pursuant to this Agreement shall be in writing and must be served
either personally or by certified or registered mail to:
VILLAGE: DISTRICT:
Chief Debra Jarvis Chief Robert Tinucci
Fire Department Darien-Woodridge Fire Protection District
Village of Oak Brook 7550 Lyman Avenue
1200 Oak Brook Road Darien,IL 60561
Oak Brook,IL 60523
VIII. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be
deemed to be and shall constitute one and the same instrument.
IX. AUTHORITY
Each person signing this Agreement personally warrants and represents that he or she has
full and complete power and authority to execute this Agreement on behalf of and to bind the
entity for which he or she is signing.
IN WITNESS WHEREOF, each party has caused its respective officers or officials to execute
this Agreement.
VILLAGE OF OAK BROOK,
an Illinois municipal corporation
ATTEST:
C tc(d �t uitrlt� By: L
Villa e Clerk V llage President
DARIEN-WOODRIDGE
FIRE PROTECTION DISTRICT,
an Illinois municipal corporation
ATTEST:
By: 2' By:
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RESOLUTION 2001-FD-AG-EXI-R-780
A RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
FOR PUMPER STORAGE AND USE
WHEREAS, the Village of Oak Brook("Village")and the Darien-Woodridge Fire Protection District
("District")are Illinois municipal corporations; and
WHEREAS, due to the construction of a new Village Fire Station, the Village needs temporarily to
garage a reserve pumper; and
WHEREAS, the District has garage space available for the pumper; and
WHEREAS,when not in use by the Village, the pumper may be garaged and used by the District
pursuant to the terms of the attached agreement; and
WHEREAS, the parties desire to foster the economic and efficient utilization of public funds
expended for personal property, and therefore, to provide for the garaging and use of the pumper; and
WHEREAS, the purpose of the attached agreement is consistent with the goals of the
intergovernmental cooperation clause of the Constitution of the State of Illinois (Article VII, Section 10)
and is further authorized by 5 ILCS 22011 gj seo.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section : That the President and Board of Trustees approve an intergovernmental agreement
for pumper storage and use with the Darien-Woodridge Fire Protection District on the terms set forth in
the form of agreement labelled Exhibit A and attached hereto.
Section 3: That the Village President and Village Clerk are authorized and directed to execute
said agreement substantially in the form attached.
Section 4: That this resolution shall be in full force and effect from and after its passage and
approval as provided by law.
PASSED AND APPROVED this
day of May,2001 by the President and Board of Trustees
of the Village of Oak Brook, DuPage and Cook Counties, Illinois, according to a roll call vote as follows:
Ayes: Trustees Butler, Caleel, Craig, Korin, Miologos and Savino
Nays: None
Absent: None
Abstain: None
Resolution 2001-FD-AG-EXI-R-7,90
Temporary Pumper Storage and Use
Page 2
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June 20, 2001 jUN 2 1 2001
FIRE JE �R?tilFryT
STAT/ON
HEADQUARTERS
7550 Lyman Avenue Chief Debra J. Jarvis
Darien, IL 60561-4392 Village of Oak Brook Fire Department
(630)910-2200 1200 Oak Brook Road
(630)910-2209 Gen.Fax
(630)910-2203 Admin.Fax Oak Brook, IL 60523-2255
Re: Intergovernmental Agreement for Pumper Storage and Use
Dear Chief Jarvis:
Enclosed is an executed original of the Intergovernmental Agreement for
STATION 2 Pumper Storage and Use between the Village of Oak Brook and the
5901 Belmont Darien-Woodridge Fire District.
Downers Grove, IL 60516
We appreciate the use of your engine are glad to be of assistance in
storing it while your station renovation is in progress.
Sincerely,
STATION 3
9 S 771 Lemont Road
Downers Grove, IL 60516 Robert J. Tinucci
Chief Administrator
Enclosure
Pride a e a „ e Donor a a a e e e Integrity