R-2007 - 03/08/2022 - AGREEMENTS - Resolutions Exhibits Agreement for Interim Fire Chief
June 3,2022
Page 1
June 3,2022
Mr. James E. Arie
1036 Charles Ave.
Gurnee, IL 60031
Re: REVISED APPOINTMENT AS INTERIM FIRE CHIEF
Dear Chief Arie:
As you have discussed with representativesof the Village of Oak Brook, the purpose of this
letter agreement ("Agreement') is to formalize revisions to your appointment by the Village as
Interim Fire Chief. This Agreement includes the background and the terms and conditions of this
appointment. Please review this Agreement and sign below to confirm your agreement.
A. Back round
The President and Board of Trustees of the Village are conducting a search for a Fire Chief
to replace the Chief who resigned last August. During the search,the Village hired you temporarily to
provide services as Interim Fire Chief for the Village("Interim Chief). You accepted that position on
the terms stated in apriorAgreement("Terms'). You completed the Interim Chief Service under your
prior contract, including the extension thereto, on March 2, 2022. The Village has determined it is
in the best interests of the Village and its residents for you to continue to serve as Interim Chief in
accordance with updated Terms, which include among other things a fair, equitable, and orderly
expiration of your service as Interim Chief.
B. Position: Duties
Beginning on June 4, 2022, these terms will control in your work as Interim Chief as an
independent contractor and not an employee, and you will perform all reasonable duties and
activities commonly associated with the Interim Fire Chief, including without limitation the
direction, supervision, and administration of the Oak Brook Fire Department, identify and mentor
staff for succession planning, analyze department operations and other duties as may be established
by the Village from time to time. You will engage in all typical Village activities and will perform
other proper tasks as may be assigned to you by the Village Manager. All duties,activities,and other
assigned activities and tasks will be consistent with your background, training, and qualifications
and will be within the range of tasks normally considered incidental to or implied for a Fire Chief.
You will report to the Village Manager and, along with the Village Manager, you will keep the
President and Board of Trustees informed of your activities. While serving in as Interim Chief, you
will prepare a monthly report regarding your activities and the activities of the Fire Department. The
position will also serve as a subject matter expert to assist with and participate in the permanent Fire
Chief selection process.
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Agreement for Interim Fire Chief
June 3,2022
C. Conditions Page 2
1. Conflicts of Interest. You must not engage in any outside interest or income-producing
endeavor that would constitute a conflict of interest under any applicable federal, State of Illinois,or local
statute,law,code,ordinance, or regulation. It is understood that you may engage in part-time or contract
teaching or fire academy training during your continued tenure, but only with no conflict of interest
associated therewith and with the prior written approval of the Village Manager. It is understood that
your part-time capacity as the Emergency Management Coordinator with the Village of Lombard is
expressly approved herein. During all such engagements, you shall remain serving the Village of Oak
Brook for not less than an average of 20 hours per week.
2. Abide By Policies and Laws. You will abide by all legal and proper policies of the
Village or related to the Village, and fully comply with and obey all laws.
3. Indemnification: Liability Coverage The Village will indemnify and hold you harmless,
and defend you, from and against any and all claims,actions,suits,damages, liabilities, losses,payments,
and expenses of all kinds incurred by or imposed against you, arising out of or in any way related to any
act or failure to act by you which arise directly or indirectly out of or in connection in any way with your
performance of the services under the Terms, provided that your actions or conduct giving rise to any
litigation or dispute were within the scope ofyour duties as Interim Chief of Oak Brook,but specifically not
including any claims that arise from any willful or wanton act or failure to act on your part. The Village
will also provide Workers Compensation coverage ifyou are eligible for benefits under the Illinois Workers
Compensation Act. The Village's obligations hereunder, however, are defined by and limited to the
coverage limits maintained by the Village from time to time through any insurance policy or self-
insurance or pooled risk management program.
4. No Obli ate ion. The Village and you acknowledge and agree that the Village is under no
obligation under this Agreement or otherwise to negotiate or enter into any other agreement with you or
anyone else, including an agreement to employ you as the Interim Chief or replacement Fire Chief.
5. Status. You understood and agree that you are an independent contractor and not an
employee,agent,joint venturer,or partner of the Village.As an independent contractor,you are not entitled
to participate in any benefits or benefit plans, including without limitation any insurance plans, workers'
compensation benefits, short term and long term disability benefits, pension plans,profit sharing plans
and stock option plans that may be offered by the Village to its employees. You acknowledge that by
providing the services under this Agreement you are not employed in active service by the Village, you
are not making any contributions under the Illinois Pension Code,and you are not entitled to any benefits
from the Village.
6. Confidentiality. You recognize and acknowledge that the Village's non-public methods
of operation, privileged communications, non-public fire department information, and any other
information from time to time designated as confidential as the foregoing may exist from time to time
(hereinafter collectively referred to as "confidential information")must be kept confidential. You further
recognize and acknowledge that access to and knowledge of some confidential information by you may
from time to time be essential.Accordingly,you agree that,absent Village approval,you will not,in whole
or in part, disclose any confidential information to any person,firm, corporation, association,partnership
or other entity for any reason or purpose whatsoever.
Agreement for Interim Fire Chief
June 3,2022
D. Commencement.• Term.• Related Elements Page 3
1. Commencement and Term. This Agreement, and your services, commence on June
4, 2022, and expire on September 2, 2022, or an earlier or later date determined by the Village
("Term'). The Village will give you notice not less than fourteen days prior to the expiration of the
Term. You and the Village may agree to mutually adjust the Term if so desired.
2. Termination: No Property Right. The Village Manager may terminate your services
and this Agreement at any time,for any reason or no reason,upon notice to you not less than fourteen
days prior to the date of termination. The Village can terminate you with less than fourteen days'
notice provided it pays you for the difference in fees(pro rata per day based upon the average weekly
hours worked for the preceding month) between the fourteen days and the actual advance notice
provided.
3. No Creation of Employment, Nothing in this Agreement can or will create any
employment or property right in you or other right to a continuation of your position with the Village
and no act of any Village officer, official, or legal representative can or will create any employment
or property right or any other right unless specifically ratified in writing by the Village Manager.
4. Resiiznation.Nothing in this Agreement prevents,limits,or otherwise interferes with
your right to terminate this Agreement at any time, subject only to notice by you to the Village not
less than fourteen days prior to the date of termination.
5. Termination If Death. If you die or become permanently disabled, then this
Agreement will terminate automatically and without any liability of the Village to you or your estate.
E. Fee for Services
1. Fees:Work Week. The Village will pay you ata rate of$78.13 for each hour you serve
as Interim Chief. Normal Village business hours are defined as Monday through Friday, excluding
holidays, but including evening meetings of the Board of Trustees and Board of Fire and Police
Commission at which your attendance is requested by the Village Manager, emergencies where it
would be prudent or usual for a fire chief to report for duty, and similar circumstances. It is
understood that your hours may vary, as long as approved by the Village Manager.
2. No Other Compensation: Payment of Taxes and Benefits., You agree to waive and
release any claim for, or right to, additional fees or other compensation. You are solely responsible
as an independent contractor for all taxes associated with each payment and no taxes will be withheld
from the payments made to you under this Agreement. You, to the full extent permitted by law,
decline,reject, and waive all rights, if any, to any employee benefits now or hereafter offered by the
Village or required by law to be provided by the Village to any of the Village's employees, even if
you are determined or adjudged to be a common or statutory law employee of the Village for any
purpose. The employee benefits to which this waiver,declination and rejection apply include,but are I
not limited to,the following benefits which may
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Agreement for Interim Fire Chief
June 3,2022
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currently, or hereafter, be offered by the Village, under any agreement, plan, program, law,
arrangement, or otherwise: health,sickness,accident,dental,life,disability and accidental death and
dismemberment coverage, whether insured or self-insured, disability(including PEDA and PSEBA
benefits), severance, death benefits, vacation and other paid time off, child care, tuition benefits,
expenses (other than those set forth in this Agreement), cafeteria plans, pension, 457 plan,all other
types of retirement plans or programs,and incentive or bonus compensation plans or programs.
3. Car and Uniforms. The Village will provide you uniforms and a Village car during
the Agreement; which uniforms and car shall not be utilized when working for any other employer.
You must return the uniforms and a Village car as of the expiration or termination of this Agreement
in the same condition as when you received them, with ordinary wear and tear excepted.
4. Benefits. You acknowledge and agree that you will not receive any benefits, other
compensation, or reimbursements other than as specifically provided for in this Agreement or
required by law. You also acknowledge and agree that you are not entitled to participate in any
benefits or benefit plans, including without limitation any insurance plans, short-term or long- term
disability benefits, death benefits, vacation benefits, sick pay benefits, or pension plans that may be
offered by the Village to its employees or provided under the law for Village employees.
F. General Provisions.
1. Notices.Any notice required pursuant to this Agreement must be in writing and must
be delivered to the Village Hall if intended for the Village Manager or to the Fire Department or
your residential address if intended for the Interim Chief.
2. Reimbursements. You will be reimbursed for actual, documented, Village related
business expenses incurred during the course of this Agreement as provided for by Village
procedures.
3. Entire A reement. This Agreement is the entire understanding of the Village and you
with respect to your services as Interim Chief, and the Agreement supersedes all prior written and
oral agreements and understandings.
4. Amendments. No amendments, changes, modifications, alterations, or waivers of
any provision of this Agreement are valid unless made in writing and signed by the parties thereto.
5. Assignment. This Agreement is personal to you and you may not assign this
Agreement or any element of it without the written consent of the Village Manager.
6. Governing Law. The execution, validity, construction, interpretation, performance,
and enforcement of this Agreement is governed by the laws of the State of Illinois.
7. Severability. If any provision of this Agreement is held unconstitutional, illegal,
invalid, or unenforceable,in any way by a court of competent jurisdiction(an"Invalidity'),then
Agreement for Interim Fire Chief
June 3,2022
neither the remaining provisions of this Agreement will be unaffected by the Invalidity. Page 5
8. Acknowledizements,. The Village and you acknowledge that this Agreement is
entered into voluntarily.
Sincerely,
Greg ummers, Village Manager
All terms agreed to and accepted:
Signature:
Printed name: id-01-ef
June 3, 2022
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