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R-2029 - 07/12/2022 - FIRE DEPARTMENT - Resolutions THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2022-FD-AID-IGA-R-2029 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND YORK CENTER FIRE PROTECTION DISTRICT GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 12th day of July, 2022 RESOLUTION NO. 2022-FD-AID-IGA-R-2029 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND YORK CENTER FIRE PROTECTION DISTRICT WHEREAS, the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, the Village of Oak Brook (hereinafter referred to as "Village") upon approval of the corporate authorities may enter into an Agreement with another party pursuant to Illinois Statute; WHEREAS, the York Center Fire Protection District (hereinafter referred to as the "Fire District') is a duly organized Fire Protection District created pursuant to Illinois Statute having certain powers and functions; WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units of local government, including municipalities, to contract to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; WHEREAS, the Intergovernmental Corporation Act(5 ILCS 220/1 et seq.)authorizes units of local government to exercise jointly with any public agency of the State, including other units of local government, any power, privilege or authority which may be exercised by a unit of local government individually, and to enter into contracts for the performance of governmental services, activities and undertakings; WHEREAS, the "Intergovernmental Cooperation Act', 5 ILCS 220/1 et seq., provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; WHEREAS, Section 5 of the "Intergovernmental Cooperation Act', 5 ILCS 220/5, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; WHEREAS, the parties hereto are units of local government as defined by the Constitution of the State of Illinois, 1970, Article VII, Section 10, and the Intergovernmental Cooperation Act; WHEREAS, the Village and the Fire District have an excellent working relationship and desire to build upon that relationship by entering into an agreement providing for shared services for certain fire inspection services; 2 WHEREAS, the Village historically has conducted annual fire inspections of all commercial, retail, and multi-occupancy residential settings within the Village of Oak Brook, utilizing on shift personnel, however, primarily due to overtime demands, fewer shift personnel have been available to assist with the fire inspection program; WHEREAS, the Village desires to further its fire inspection program along with several other public safety measures and as result of which has recently implemented a business registry to assist in obtaining certain public safety information and data to support the proposed public safety measures which include but are not limited to the ability to conduct fire inspections; WHEREAS, the parties hereto are of the opinion that it is in the best interests of all parties to enter into an agreement to allow for the shared services and costs of a fire inspection program; WHEREAS, the parties hereto desire to enter into an agreement to outline and define the responsibilities of the respective parties; and WHEREAS, the Corporate Authorities of the Village of Oak Brook have determined that it is in the best interests of the public safety and welfare of the residents of the Village of Oak Brook to enter into a Shared Services Agreement with the York Fire Protection District for the purposes set forth herein. NOW, THEREFORE, BE IT RESOLVED, in open meeting assembled, by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: Section One— Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this resolution are full, true and correct and do hereby, by reference, incorporate and make them part of this resolution as legislative findings. Section Two—Approval of Shared Services Agreement The Village hereby approves the Shared Services Agreement (hereinafter referred to as the "Agreement') substantially in the form attached hereto and made a part hereof as Exhibit A. Section Three—Authorization and Direction The Village President is hereby authorized to execute, and the Village Clerk is hereby authorized to attest the Agreement, substantially in the form of such agreement attached hereto as Exhibit A, with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same, their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such Agreement. Section Four- Other Actions Authorized The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this resolution and otherwise to consummate the transactions contemplated herein and shall take all actions necessary in 3 conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. Section Five -Authorization of Expenditures The Corporate Authorities hereby authorize and direct the expenditure of all costs related to the execution of the Agreement, additionally, the Village is authorized and directed to allocate and spend all necessary funds to fulfill the requirements of the Agreement and of this Resolution. Section Six- Acts of Village Officials That all past, present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this resolution are hereby, in all respects, ratified, approved, authorized and confirmed. Section Seven—Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Eight- Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Nine—Conflict Clause All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Ten —Saving Clause If any section, paragraph, clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which are hereby declared to be separable. Section Eleven— Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. The Remainder of this Page has been Intentionally Left Blank/Roll Call Vote to follow: 4 PASSED THIS 12th day of July, 2022. Ayes: Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: None Absent: None APPROVED THIS 12th day of July, 2022. -� Gopal G. Lalmalani Village President ATTEST: Nt�ld"4—A� Charlotte K. Pruss Village Clerk OF IgA'Tj ep9 5 Exhibit A Intergovernmental Agreement 6 `tdRKE= TfR YORK CENTER FIRE PROTECTION DISTRICT EST. "Exhibit A" nRE DISTRICT Fire Marshal 1 Director of Fire Prevention Bureau Position Board of Trustees Frank Vosicky,President The fire marshal is considered an integral position in the Fire Prevention Bureau. Jim Williams,Secretary As such, a high level of professionalism and a desire to protect the public from the Thomas Otake,Treasurer life-threatening effects of fire and other emergent conditions is required of the Ric Hiidreth,Trustee person who assumes the responsibilities of this position. AI Sarno,Trustee RESPONSIBILITIES Administration 0 Conduct life safety inspection and re-inspections of all existing occupancies within the Fire District boarders. Richard Sanborn Jr.,Fire Chief Bret A.Mowery,Deputy Chief • Conduct inspections in new construction for life safety features and fire protection Kelly Wojan,Admin Assistant systems. • Participates in team style field inspections with Village and County building officials. Participates in site plan review and pre-construction meetings with City and County officials. • Performs plan reviews on construction documents pertaining to life safety and fire protection. • Supervises subordinate fire inspectors and delegates fire prevention tasks and inspections. • Conducts fire investigations as assigned by the Chief or Deputy Fire Chief. REQUIRED CREDENTIALS AND EXPERIENCE • An Associate degree or sixty (60) hours from an accredited college or equivalent level of education. • Illinois certified Fire Prevention Officer. • Possesses knowledge of fire prevention methods and inspection techniques. • Possesses knowledge of building construction, building materials sources, and types of fire hazards and fire protection systems. • Possesses the ability to read, write, and speak and understand the English language • Possesses a valid State of Illinois driver's license. DESIRED CREDENTIALS AND EXPERIENCE • Experience with Image Trend RMS Occupancy and Inspection Modules • OSFM School Inspector. • Member in good standing with ICC, NFPA, IFIA, and IAAI. WAGE and BENEFITS • Salary $84,032 depending on qualifications and experience • 40-hour work week, 8 hours/day, Monday through Friday with some flexibility. • Health, Dental, Vision, and Life Insurance. • Vacation, Holidays, Personal Time, and Sick Leave • Certification Incentives and Tuition Reimbursement • Assigned vehicle while on duty 1517 S.Meyers Road Lombard,Illinois 60148 630.627.1940 630.627.0479 fax www.yorkcenterfire.org SERVING TO PROTECT LIVES AND PROPERTY...THROUGH PRIDE AND DEDICATION Final SHARED FIRE PREVENTION BUREAU SERVICES AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK AND THE YORK CENTER FIRE PROTECTION DISTRICT This SHARED FIRE PREVENTION BUREAU SERVICES AGREEMENT("Agreement") is entered into as of the 25" day of July 2022, by and between the York Center Fire Protection District ("YCFPD") and the Village of Oak Brook ("Village"). WI TNESSTH. WHEREAS, the Village of Oak Brook, DuPage County, Illinois, is an Illinois municipal corporation duly organized and existing under the statues of the State of Illinois; and WHEREAS, the York Center Fire Protection District, DuPage County, Illinois, is a Fire Protection District duly organized and existing under the statues of the State of Illinois; and WHEREAS, Article VII, Section 10 of the Illinois Constitution authorizes units of local government "to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or ordinance"; and WHEREAS, 5 ILCS 220/3 entitled the "Intergovernmental Cooperation Act" ("IGA"), provides that any power or powers, privilege or authority exercised: or which may be exercised by a public agency may be exercised, transferred, combined, and enjoyed jointly with any other public agency, and WHEREAS, Village and YCFPD are both units of local government and public agencies as defined by the Illinois Constitution and statute; and WHEREAS, both Village and YCFPD have express power to adopt and enforce fire prevention codes and standards within their respective jurisdictions; and 1 Final WHEREAS, the Village and YCFPD have required that all premises within their respective jurisdictions adhere to certain building, fire prevention, and life safety codes, including, but not limited to, the adopted ICC. NFPA and local fire code amendments; and WHEREAS, the Village would desire the assistance of a neighboring fire department to provide routine fire and life safety reviews and inspections upon properties within the Village to determine compliance with Village fire prevention codes; and WHEREAS, the YCFPD, which currently provides fire prevention services to its own jurisdiction, is willing and capable to provide professional fire prevention, inspection and fire code enforcement services to the Village on terms amenable to both parties; and WHEREAS, the YCFPD is familiar with the applicable fire prevention and life safety codes enforced by the Village, including, but not limited to, the 2018 International Fire Code, as adopted with amendments; and WHEREAS, the Parties to this Agreement understand and agree that it is in the best interests of the Village and YCFPD and their respective residents and businesses that the Village and YCFPD work together to establish a routine fire inspection and enforcement program to enforce the Village's fire prevention and life safety codes under the terms set forth in this Agreement. NOW, THEREFORE. BE IT RESOLVED, in consideration of the mutual agreements and covenants herein set forth, it is agreed as follow. Article 1: TERM AND RENEWAL 1.1 Term. The initial term of this Agreement shall commence beginning on July 25, 2022 and continue through June 30, 2025. The Agreement may be renewed by the Parties thereafter, and is subject to termination pursuant to Article 5 of this Agreement. 2 Final Article 2: PROVISION OF SHARED SERVICES 2 1 Services. The Parties agree that the Village will contract certain fire prevention bureau services from YCFPD as defined within this Agreement(the "Services') 2 1.1 Fire Marshal. The YCPFD Fire Prevention Services Division Fire Marshal (the "Fire Marshal")will also act as the Fire Prevention Services Division Fire Marshal for the Village. 2.1.2 Scope of Duties. The duties and responsibilities for the Fire Marshal shall be set forth in the Scope of Services attached hereto as EXHIBIT "A" and incorporated herein by reference. The Fire Marshal shall be authorized to assign tasks and functions within the scope of his duties to qualified part-time staffers. The Scope of Services for the Fire Marshal may be amended as appropriate and necessary only with the concurrence of both Parties to this Agreement. 2 1 3 Division of Work Hours for Fire Marshal. The parties anticipate that the Fire Marshal will generally divide his time each week as follows: 32 hours per week to Village and 8 hours per week to YCFPD. (80/20 Split) The Parties agree that the hours may be divided differently from time to time in order to meet exigent circumstances, but that the Fire Marshal will make every effort to adhere to this (80120) split in his time. The Fire Marshal would attend board meetings and split his working hours at the physical location of each Party's fire stations 2.1.4 Rules and Regulations. The Fire Marshal will apply the YCFPD rules, regulations, and codes while performing work for both jurisdictions except for specific rules, regulations and codes that are unique to the Village of Oak Brook's Fire Department. 2.1.5 Part-Time Bureau Employees. The YCFPD may employ part-time personnel to assist the Fire Marshal in accomplishing the tasks required of the Fire Prevention Bureau. It is agreed that any Village employees who are hired by the YCFPD to perform Fire 3 Final Bureau tasks shall operate under the supervision of the Fire Marshal as YCFPD employees while working in this capacity. Article 3: COMPENSATION AND BENEFITS 3.1 Fire Marshal Employment Status. The Fire Marshal shall remain an employee of YCFPD for the duration of this Agreement. It is expressly understood that the Fire Marshal is not a Village employee, but rather a YCFPD employee contracted to provide services to the Village. 3.2 Salary, Benefit, Vacation, Sick Leave Holidays, The YCFPD shall be responsible for setting and paying the salary and benefits of the Fire Marshal. The Village shall allow for accommodation for the Fire Marshal to use his vacation, sick leave, and holidays as permitted under his employment arrangement with YCFPD. In the event of a long-term absence of the Fire Marshal (in excess of thirty (30) days), both Parties agree to determine alternatives for providing the Services, which may include a temporary suspension of this Agreement. 3.3 Consideration. YCFPD shall invoice the Village on the last Friday of each month, and the Village shall pay YCFPD the monthly sum of $8,168.38 (for 2 payroll months) or $12,252.57 (for 3 payroll months) , payable within 14 days of receipt of invoice. The Parties agree that this monthly sum is subject to change in the second and third years of Services under this Agreement In addition, the Village shall also pay the YCFPD the sum of $ 30.00 per hour for all services performed by YCFPD part-time fire prevention bureau employees referenced in Section 2.1.5. 3 4 Vehicle. Each Party to this Agreement shall provide the Fire Marshal a vehicle for his use during working hours for the Party. YCFPD and Village shall each maintain adequate maintenance, fuel, and liability insurance, on the vehicle that the Fire Marshal will be utilizing. 3.5 Contract Services. YCFPD retains the right to contract for similar services with other local fire services agencies In the event that YCPD agrees to provide similar services to any other fire 4 Final agency, it agrees to review the matter with the Village and consider amending this Agreement to adjust the terms as necessary as agreed by both Parties. Article 4: INDEMNIFICATION 4.1 Indemnification. Each Party agrees to defend, indemnify, and save the other Party harmless from any and all claims arising out of said Party's employee's negligent acts, errors, omissions or willful misconduct while performing pursuant to this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorney's fee, or claims for injury or damages are caused by or result from negligent or intentional acts or omissions of said Party, employee, or agency Each Party hereby agrees to defend itself from any claim, action or proceeding arising out of the concurrent acts or omissions of their employees. In such cases, each Party agrees to retain their own legal counsel, bear their own defense cost, and waive their right to seek reimbursement of such cost. 4.2 Liability. Nothing in the performance of this Agreement shall impose any liability for claims against any third party other than claims for which liability may be imposed by the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 1011- 101 et seq. Each Party to this Agreement shall be solely responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the Services by the other party The Parties do not intend for any third party to obtain any rights by virtue of this Agreement. Article 5: TERMINATION 5.1 Unilateral Termination. Any party to this Agreement may unilaterally terminate the Agreement by providing at least ninety (90) days advance written notice to the other Party prior to the expiration of the initial three-year term 5 Final 5,2 Termination Based on Mutual Agreement. This Agreement may be terminated at any time with the mutual agreement of both Parties subject to mutually agreeable terms and conditions 5.3 Termination for Cause. In the event any Party breaches a material provision of this Agreement, the non-breaching Party shall give the other Party written notice of such breach. In the event the breach is not remedied within thirty (30) days of receipt of the written notice, the Agreement may be terminated unless the timelines are extended by mutual agreement. 5.4 Result of Termination. Upon termination of this Agreement, unless otherwise agreed to by the Parties, the current monthly payment under the Agreement shall be prorated and any amount still owed to YCFPD shall be paid prior to the effective date of termination of the Agreement. In the event the Village has overpaid, YCFPD shall reimburse the Village a prorated refund prior to the effective date of termination of Agreement. Article 6:INSURANCE COVERAGE 6.1 In General. Each Party to this Agreement shall maintain for the duration of this Agreement and any extensions thereof, at the Party's sole expense, insurance that includes "Occurrence' coverage and is issued by a company or companies qualified to do business in the State of Illinois that are acceptable to the other Party, which generally requires that the companies be assigned a Best's Rating of A-1 or higher with a Best's financial size category of Class XII or higher, in the following types and amounts: 6.1.1 Commercial General Liability in a broad form, to include but not limited to, coverage for the following where exposure exists: Bodily Injury and Property Damage, Premises/Operations, Independent contractors, Products/Completed operations, Personal Injury and Contractual Liability; limits of liability not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, 6.1.2 Auto Liability to include but not limited to, Bodily Injury and Property Damage, including owned vehicles, hired and non-owned vehicles and employee non-ownership, 6 Final limits of liability not less than $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability; 6.1.3 Workers' Compensation Insurance to cover the Party's own employees and meet statutory limits in compliance with applicable state and federal laws; 6.1,4 Errors and Omissions Insurance in an amount not less than $1,000,000 per claim and $2,000,000 aggregate; and 6.1.5 Umbrella Insurance in an amount not less than $1,000,000. 6.2 Scope of Work Camp Coverage. With respect to Workers Compensation coverage, YCFPD will provide Workers Compensation coverage for the Fire Marshal for any injuries sustained in the normal course and scope of the scope of the Fire Marshal's performance of Services under this Agreement. It is further agreed that Village shall provide workers' compensation coverage for its own employees who may assist the Fire Marshal in providing the Scope of Services in this Agreement. 6.3 Proof of insurance coverages shall be provided upon request of the other Party. No changes in insurance affecting the requirements above may be made without the written approval of all parties. Article 7: DISPUTE RESOLUTION In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or breach thereof, the Parties agree to use their best efforts to settle the dispute, claim, question, or disagreement. To this effort, they shall consult and negotiate with each other in good faith and recognizing their mutual interest, attempt to reach just and equitable solution satisfactory to all parties. If they do not reach a solution within a period of thirty (30) days, any party may terminate this Agreement as providing for in Article 5 of this Agreement. 7 Final Article 8:MISCELLANEOUS 8.1 Force Maieure. Neither party shall be liable if the performance of any part or all this contract is prevented, delayed, hindered, or otherwise made impracticable or impossible by reason of any strike. flood, riot, fire, explosion, war, act of God, sabotage, accident, illness, death, or any other casualty or cause beyond either the control of either Party, and which cannot be overcome by reasonable diligence and without unusual expense. 8.2 Not Assignable. This Agreement and the rights and duties hereunder may not be assigned by any Party hereto without obtaining the prior written consent of the other, and the Parties expressly agree that any attempt to assign the rights of any Party hereunder without such consent shall be null and void. 8.3 Construction and Enforcement This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. The article and paragraph headings are used solely for convenience and shall not be deemed to limit the subject of the articles and paragraphs or be considered in their interpretation This Agreement maybe executed in several counterparts, each of which shall be deemed an original 8.4 Entire Agreement. This Agreement shall constitute the full and complete Agreement between the Parties hereto This Agreement supersedes all prior negotiations, representations, or agreements, if any. 8.5 Amendments This Agreement may be only be modified in subsequent writing approved and executed by both Parties 8.6 Invalidity of Provisions of this Agreement If, for any reason, any provision hereof shall be determined to be invalid or unenforceable, the validity and effect of the other provisions shall not be affected. 8 Final 8 7 No Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision. Nor shall such waver constitute a continuing waiver unless otherwise expressed. 8 8 Notices. All notices required or permitted by this Agreement shall be in writing and shall either be hand delivered, sent by certified U.S. mail to the address set forth on the signature page hereof A notice shall be effective either when personally delivered, or upon the earlier of the date set forth on the receipt of certified mail, postage prepaid to the following addresses TO THE VILLAGE: TO THE YCFPD: Village of Oak Brook York Center Fire Protection District Attn: Village Manager Attn: Fire Chief 1200 Oak Brook Road 1517 S. Meyers Road Oak Brook, IL 60523 Lombard, IL 60148 8.9 Authorized Signatures. Each party represents and warrants that the signatories to this agreement are legally authorized to sign and enter into this Agreement on behalf of the parties IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year written below. VILLAGE'OF OAK BROOK YORK CENTER FIRE PROTECTION DISTRICT Ae A President /,president, Board of Trustees ATTEST: ATTEST: t.1)t Village Clerk Secretary, Board of Trustees Date _ 2022 Date,_, 2022 9