R-2029 - 07/12/2022 - AGREEMENTS - Resolutions Exhibits 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 25th day of July 2022, by and between the York Center Fire Protection
District ("YCFPD") and the Village of Oak Brook ("Village").
W/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
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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.
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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 (80/20) 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
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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
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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 10/1- 101 etseq. 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.
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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;
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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 Comp 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.
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Article 8:MISCELLANEOUS
8.1 Force Majeure. 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 may be 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.
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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 waiver 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
Village President resident, Board of Trustees
ATTEST: ATTEST:
Village Clerk Secretary, Board of Trustees
Dat , 2022 Date: 2022
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pR><CEWTER YORK CENTER FIRE PROTECTION DISTRICT
EST, 818
"Exhibit A"
FIRE DISTRICT
Fire Marshal / 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 Hildreth,Trustee person who assumes the responsibilities of this position.
Al 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
�`_� '• CORK CENTER
Shared Fire Prevention Bureau - Oak Brook & York Center EST. 1946
FIRE DISTRICT
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Cost Breakdown Annual Cost Per Pay Period Oak Brook York Center
Salary $84,032.00 $3,232.00 $2,585.60 $646.40
Health Insurance* (minus employee contribution 10%) $32,303.34 $1,242.44 $993.95 $248.49
Dental &Vision* (minus employee contribution 10%) $1,713.10 $65.89 $52.71 $13.18
Workers' Comp $2,814.00 $108.23 $86.58 $21.65
Life Insurance $345.00 $13.27 $10.62 $2.65
HSA $5,000.00 $192.31 $153.85 $38.46
Unemployment Taxes $100.00 $3.85 $3.08 $0.77
FICA *(7.65%) $6,428.45 ,$247.251 $197.80 $49.45
Total: $132,735.89 $5,105.24 $4,084.19 $1,021.05
Annual Cost Annual Cost
80/20 Split $106,444.78 $26,611.26
Oak Brook 32 hours a week/64 bi-weekly
York Center 8 hours a week/ 16 bi-weekly
2022/2023 starting salary$84,032.00
2023/2024 3.5% increase $86,973.12
2024/2025 4.0% increase$90,452.04