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IGA Fire Protection & Emergency Assistance for IL State Tollway 06-05-2007 AGREEMENT THIS AGREEMENT made and entered into this 4/A day of 2007,by and between The Illinois State Toll Highway Authority(hereinafter referred to as the "Tollway"), and the Oak Brook Fire Department (hereinafter referred to as the"Department"). WITNESSETH WHEREAS, the Tollway has been created and derives its power and authority pursuant to 605 ILCS 10/1 et. seq.; and WHEREAS, in order to insure the highest degree of safety in the operation of the Northern Illinois Tollway, the Tollway adopted Resolution No. 5458 authorizing necessary agreements with appropriate Fire Protection Departments and Municipal Fire Departments to provide fire protection and emergency services, and Resolution Nos. 9589 and 9885 setting rates of reimbursement for the provision of such services; and WHEREAS,the Department was created by and operates pursuant to general powers conferred under the Fire Department Act, 701 ILCS 705/1 et. seq.; and WHEREAS, the Department is duly qualified and agreeable to providing necessary fire protection and emergency services as required by the Tollway. NOW, THEREFORE, in consideration of mutual covenants herein contained, the parties hereto agree as follows: 1. The Tollway agrees to reimburse the Department for fire protection and emergency services and materials according to the following schedule of charges and reimbursements, or in accordance with any revisions to this schedule adopted from time to time by Resolution of the Tollway's Board of Directors. a. $300.00 for responding to a fire call or medical call made by an authorized representative of the Tollway; b. a flat rate of$50.00 for each additional piece of fire equipment that is dispatched to an accident site; c. Actual cost to the Department for all foam used in excess of five (5) gallons and total reimbursement to the Department for loss or damage of equipment and use of supplies; d. $150.00 for each hour or portion thereof in excess of two (2) hours that equipment is required to complete response to the emergency; e. $150.00 for each fire rescue unit which is required; f $300.00 maximum for each fire ambulance responding to a call made by an authorized representative of the Tollway; g. If helicopter rescue services are provided in accordance with criteria established by the hospital originating the request for such rescue services, such services shall be billed directly by the helicopter rescue service to the user; h. Special hazardous material rescue and clean up services not provided by the Department shall be billed directly by the provider to the person(s) or entities who caused such services to be required. 2. The Department, for and in consideration of the compensation above specified, agrees to provide services as follows: a. Each Department agrees to use best efforts to provide fire protection and emergency services for lives and property on that portion of the Illinois Tollway System described in Exhibit"A", which is attached hereto and made a part hereof. Exhibit "A"may be amended by written agreement of the parties when changes in assigned territory are required to more efficiently serve the needs of Tollway patrons. b. To proceed, whenever fire equipment is available, to the designated locations on the Tollway System as directed by an authorized representative of the Tollway. The Department shall make every effort to provide its own back-up response when its own manpower and/or equipment is not available for call-out. In the event that an emergency call is directed to the Department from another source, the Department shall promptly notify an authorized representative of the Tollway of the nature of the emergency and the designated location. c. To respond with necessary available equipment and manpower as indicated by the information given by an authorized representative of the Tollway. d. The Tollway, the Department and their respective agents agree to communicate, cooperate and coordinate with one another on all issues, including but not limited to traffic and incident management. e. To present to the Tollway within forty-five (45) days a proper invoice setting` forth the hour, date, time and place of the response to the call of an authorized representative of the Tollway, designating the type of service rendered and the amount of payment requested pursuant to this Agreement. The Tollway shall guarantee payments to the Department when said invoices are-properly submitted. In the alternative, the Department may bill Tollway patrons for such services directly at its established rates, but the Department shall not, in such case,bill the Tollway for the same qualified services, and the Tollway shall be under no obligation to guarantee payment or to pay for such services in the event the Department fails to obtain payment directly from the Tollway patron. 3. Either party to this Agreement may terminate this Agreement by notifying the other party in writing. Such notice shall be effective ninety(90) days from the date of the notice. Such notice shall be immediately sent by U.S. Mail or delivered by Messenger to: DEPARTMENT TOLLWAY Oak Brook Fire Department The Illinois State Toll Highway Authority 1200 Oak Brook Road 2700 Ogden Avenue Oak Brook, IL 60523 Downers Grove, IL 60515 Attention: Chief James G. Bodony Attention: Thomas J. Bamonte, General Counsel IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year set out above ATTEST: The Illino* State Toll Hi way hority By_ Secre It All,ik'&Ml ATTEST: Fire Department/Fire Protection District By: aoll� Title V i«Q C L e v' tI %Y4t 0 F Oq.f ��UH7Y Approv TI Fo And Constitutionality -Cj7 orney ener 1, State of Illinois EXHIBIT"A" Reagan Memorial Tollway("I-88") Westbound Milepost Marker 141.0 to Milepost Marker 134.0 Reagan Memorial Tollway("1-88") Eastbound Milepost Marker 137.7 to Milepost Marker 141.0 Tri-State Tollway("I-294")Northbound Milepost Marker 28.1 to Milepost Marker 30.9 Tri-State Tollway("1-294") Southbound Milepost Marker 28.1 to Milepost Marker 30.5 Includes Plaza 35 and Maintenance Building M-2 Includes all exit and entrance ramps including but not limited to the"M" and"N"ramps between I-88 and I-294 The Illinois State Toll Highway lllll101S 2700 Ogden Avenue Downers Grove,Illinois 6051 5-1703 LT011way 6301241-6800 Fax.6301241-6100 T.T.Y. 6301241-6898 July 30, 2007 Oak Brook Fire Department 1200 Oak Brook Road Oak Brook, IL 60523 Attention: Chief James G. Bodony Dear Chief Bodony: Enclosed for your files is a fully executed duplicate original of your agreement to provide fire and emergency services on the Tollway system. If you have any questions,please feel free to contact Steve Musser, Incident Manager, at (630) 241-6800 at extension 3904. truly yours, ert T. Lane Senior Assistant Attorney General RTL:ek Enclosure cc: Steve Musser W. Sosa John Benda Dawn King