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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. -2- (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. -3- 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: -4- 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 OF 04, e.tiJ ell .; f Village President TT G �i� Village CI InW`�-�' / ���. -WOODRIDGE DARIEN Fire Protection District -ErEIVFD 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