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IGA Fire Protection Assistance with Clarendon Hills & VOB 01-13-1981 INTERGOVERNMENTAL FIRE` PROTECTION ASSISTANCE AGREEMENT The Village of Oak Brook, DuPage and Cook Counties ,. Illinois , and the Village of Clarendon Hills , DuPage County, Illinois , 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 : i I . Purpose The purpose of this Agreement is to provide for mutual fire protection aid between the parties hereto in certain situations where i 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 j (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 Protection 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 1 I rendering aid shall at all times retain the option 4 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- 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 resentatiTves 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 Protection . 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 i 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 OAK BRO� ZY ATTEST: DATE: _..- \3 \ % VILLAGE OF CLARENDON HILLS BY: ATTEST: 12V o i, DATE: � / ` 0 G F UUN VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 January 14, 1981 Mr. Ed Glatfelter Village Manager Village of Clarendon Hills 1 North Prospect Avenue Clarendon Hills, Illinois 60514 Dear Ed: Attached please find an executed copy of the Fire Mutual Aid Agreement between the Village of Oak Brook and Village of Clarendon Hills. The Village Board authorized execution of the Agreement at their Board meeting•of Tuesday, January 13, 1981. Let's hope that we never have to use it on a major incident, however, it is comforting to know that we will be able to assist each other in providing the best fire protection for the citizens of our communities. 4 Si cerely yours, e etrh G. Carmig ni Village Manager KGC/cak Attch. P.S. A copy of the Agreement has been distributed to our Fire Chief, James Clark, for his records, and I would hope that the same would be true in your community. cc: Chief Clark JfZage of Oak Brook Minutes -4- January- 13, =1.981 Trustee Reynolds moved - seconded by Trustee Rush. ... To grant a Special Use for 2809 Butterfield Road for a Barber Shop, not to exceed 350 sq. ft. in area as recommended by the Zoning Board of Appeals and that the Village Attorney prepare the required ordinance. Roll call vote: Ayes: Trustees Congreve, Imrie, Philip, Reynolds, Rush and Watson Nays: none President Cerne indicated approval of the motion. So ordered B. Twarog's Resubdivision - Final Plat & .Variation Deferred to next regular meeting of January 20, 1981. �C. , Intergovernmental Fire Protection Assistance Agreement- Clarendon Hills/OB Trustee Watson moved seconded by Trustee Congreve. . . . To approve the Intergovernmental Fire Protection Assistance Agreement with Clarendon Hills and authorize the President & Clerk to affix their signatures thereon. Roll call vote: Ayes: Trustees Congreve, Imrie, Philip, Reynolds, Rush and Watson Nays: none President Cerne indicated approval of the motion. So ordered - D. Reduction Letter of Credit - Heritage Oaks Subdivision Trustee Congreve moved seconded by Trustee Philip.. . . To approve reduction in letter of credit No. 1980 110-5 by $100,634.31, leaving balance of $141,817.59. Roll call vote: Ayes: Trustees Congreve, Imrie, Philip, Reynolds, Rush and P Watson Nays_: none President Cerne indicated approval of the motion. So ordered E. Reduction - Letter of Credit - Trinity Lakes Unit I Trustee Congreve moved - seconded by Trustee Rush. . . . To approve reduction in letter of credit No. 6027079'by $150,803.18, leaving balance of $296,698.20. Roll call vote: Ayes: Trustees Congreve, Imrie, Philip, Reynolds, Rush and Watson Nays: none President Cerne indicated approval of the motion. So ordered F. Bid Recommendation - Sports Core Secondary Channel Pumping Trustee Philip moved - seconded by Trustee Congreve. . . . To reject all bids at this time. Roll call vote: Ayes: Trustees Congreve, Imrie, Philip, Reynolds, -Rush and Watson Nays: none President Cerne indicated approval of the motion. So ordered G. Thomas S. Morrison - .REar Yard Variation - 3517 Spring Road On January 6, 1981, the Zoning Board of Appeals recommended granting the rear yard variation of approximately 35 feet to allow for the addition to the residence that was built almost totally within the required 60 ft. rear yard. Trustee Reynolds moved - seconded by Trustee Rush. . . . Village of Oak Brook Minutes -4- January 13, 1981