R-633 - 10/11/1994 - INTERGOVENMENTAL AGREEMNT - Resolutions 94-AG-El-R-633
RESOLUTION AUTHORIZING INTERGOVERNMENTAL AGREEMENT
RELATING TO DISPATCH SERVICES
WHEREAS, Article VII, Section 10, of the Illinois Constitution of 1970
authorizes units of local government, including fire protection districts, to
cooperate with each other in order to accomplish common goals and objectives; and
WHEREAS, the Intergovernmental Cooperation Act, Ill. Comp. Stat. , Chapter 5,
par. 220/1 et seq. , provides that any power or powers, privilege 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; and
WHEREAS, the Village of Oak Brook ("Oak Brook") maintains a municipal fire
department which operates a dispatch system which is equipped and prepared to handle
the regular and routine dispatching of emergency communications; and
WHEREAS, Yorkfield is a fire protection district and provides emergency
service to those who inhabit its fire protection district; and
WHEREAS, Yorkfield desires that Oak Brook handle and dispatch all of its
emergency communications through the network owned and operated by oak Brook; and
WHEREAS, Oak Brook is willing to furnish said dispatch services to Yorkfield
on the terms herein set forth; and
WHEREAS, Oak Brook and Yorkfield desire to set forth herein the agreed terms
pursuant to which Oak Brook will furnish said dispatch services to Yorkfield.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS that the President and
Board of Trustees enter into an Agreement Relating to Dispatch Services which shall
be substantially in the form of the agreement attached hereto and made a part hereof
as Exhibit A.
PASSED AND APPROVED this 11th day of October, 1994, by the President and
Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois,
according to a roll call vote as follows:
Ayes: Trustees Calzaretta, Kenny, McInerney and Shumate
Nays: None
Absent: Trustees Bartecki and Payovict,
Abstain: Nnne
VPElage President
ATTEST: -
= X
Villa Clerk
MIBIT A
AGREEMENT RELATING TO COMMUNICATION SERVICES
THIS AGREEMENT made and entered into this 11th day of October, 1994, by and
between the VILLAGE OF OAK BROOK, a municipal corporation, (hereinafter referred to
as "OAK BROOK") and the YORKFIELD FIRE PROTECTION DISTRICT (hereinafter
referred to as "YORKFIELD").
WITNESSETH :
WHEREAS,Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units
of local government, including fire protection districts,to cooperate with each other in order
to accomplish common goals and objectives; and
WHEREAS, the Intergovernmental Cooperation Action, III. Comp. Stat., Ch. 5, para.
220/1 gt=., provides that any power or powers, privilege 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; and
WHEREAS, OAK BROOK maintains a municipal fire department which operates a
dispatch system which is equipped and prepared to handle the regular and routine
dispatching of emergency communications; and
WHEREAS,YORKFIELD is afire protection district and provides emergency service
to those who inhabit its fire protection district; and
WHEREAS, YORKFIELD desires that OAK BROOK set off the YORKFIELD alerting
tones through the network owned and operated by OAK BROOK; and
WHEREAS, OAK BROOK is willing to furnish said services to YORKFIELD on the
terms herein set forth; and
WHEREAS, OAK BROOK and YORKFIELD desire to set forth herein the agreed
terms pursuant to which OAK BROOK will furnish said dispatch services to YORKFIELD.
NOW, THEREFORE,for and in consideration of the mutual promises and covenants
of the parties hereto, it is agreed by and between said parties as follows:
SERVICES
Section 1.1 Except as limited below, OAK BROOK agrees to use its best efforts to
receive telephone and radio calls directed to YORKFIELD, transmit an alerting tone to
YORKFIELD personnel and announce the calls to YORKFIELD personnel twenty-four(24)
hours a day and every day of the week for the duration of this agreement.
Section 1.2 OAK BROOK shall maintain and employ telecommunications personnel
for the service described in Section 1.1.
Section 1.3 The subject matter of any calls or communicative effort shall be kept
strictly confidential and made available only to the Fire Chief of YORKFIELD or his
designee, or by court order.
Section 1.4 OAK BROOK agrees to use its best efforts to provide the above services
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to YORKFIELD but shall not be responsible forfailure to transmit messages due to damage
to its equipment caused by acts of sabotage, vandalism or natural disaster, or because of
demand for the services because of emergency calls related to other governmental
agencies unless such failure results from OAK BROOK'S negligence or other tortious acts.
YORKFIELD recognizes and acknowledges that OAK BROOK will be providing same or
similar services as herein described for OAK BROOK and other govern mental agencies and
that OAK BROOK will make determination of priority in emergency matters.
EQUIPMENT AND FACILITIES
Section 2.1 OAK BROOK will maintain a dispatch system to provide the nature and
scope of services required of this agreement or of any similar agreement or of any similar
agreement entered into by OAK BROOK with any third party.
Section 2.2 OAK BROOK will maintain an emergency generator capable of
supplying back up electrical power and automatic tape recording equipment for the receipt
and recordation of radio and telephone communications. Any and all tapes will be kept and
stored by OAK BROOK for a period of thirty (30) days and will be made available to
YORKFIELD upon request during this 30-day period; thereafter, any tapes not requested
in writing by YORKFIELD will be reused by OAK BROOK. In the event that YORKFIELD
desires to keep any particular tape or tapes, it shall so notify OAK BROOK in writing within
thirty (30) days of the recorded event.
Section 2.3 YORKFIELD will maintain all radio equipment and phone lines needed
to effectively handle all calls.
Section 2.4 YORKFIELD is responsible for all repairs to its equipment, if any.
However, the parties agree that this equipment will be covered by a maintenance service
agreement during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday.
Any repair service provided during evenings,weekends and holidays may be performed by
OAK BROOK, or its agent, at an additional cost.
PAYMENT TERMS
Section 3.1 OAK BROOK will invoice YORKFIELD$500 for dispatch services on an
annual basis and YORKFIELD will remit payment to OAK BROOK within thirty (30) days
of receipt of said invoice.
GENERAL TERMS
Section 4.1 YORKFIELD agrees that it will indemnify and hold harmless
OAK BROOK, its Board of Trustees, individual trustees, officers, members and employees
and agents against any suit, claim, action, damage, judgment or loss, including legal fees
which may arise or result against OAK BROOK as a result of any action or, use of the
dispatch system unless such action arises from OAK BROOK'S sole negligence or other
tortious acts solely attributable to OAK BROOK.
Section 4.2 YORKFIELD agrees to maintain in full force and effect liability insurance
including contractual liability from carriers approved by OAK BROOK naming OAK BROOK
as a party insured. YORKFIELD shall require its carrier to give notice to OAK BROOK at
least thirty (30) days prior to cancellation of said policy. The minimum face amount to such
policy shall be in the sum of two million dollars ($2,000,000).
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Section 4.3 Upon execution of this Agreement, YORKFIELD shall provide OAK
BROOK with certification of this insurance to OAK BROOK at OAK BROOK'S principal
place of business.
Section 4.4 YORKFIELD agrees to waive any and all of its rights to bring any action
against OAK BROOK which alleges improper selection and/or installation and/or
maintenance of the dispatch system.
Section 4.5 This agreement shall continue in effect for a term of three (3) years;
provided, however, that either party may terminate this agreement upon ninety (90) days'
written notice to the other party. In the event that this agreement is terminated on other
than an anniversary date, OAK BROOK shall refund to YORKFIELD the pro rata share of
the remaining annual fee. Said notice shall be served at the following addresses:
Village of Oak Brook Yorkfield Fire Protection District
1200 Oak Brook Road 15W555 Lexington
Oak Brook, IL 60521 Elmhurst, IL 60126
Section 4.6 This agreement shall be in full force and effect upon its adoption and shall
supersede any agreement, resolution or motions or parts of agreements, resolution or
motions in conflict with any part herein and any such resolutions or motions or parts thereof
are hereby repealed.
Section 4.7 If any section, paragraph or provision of this agreement shall be held
invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect
any of the remaining provisions of this agreement.
IN WITNESS WHEREOF,the parties hereto, pursuant to the authority in each vested
according to law and pursuant to duly enacted resolution of the corporate authorities of the
Board of Trustees, respectively, have hereunto caused this document to be signed by its
authorized officer and the corporate seals to be properly affixed thereto.
ADOPTED this 11th day of October, 1994.
VILLAGE OF OAK BROOK, a YORKFIELD FIRE PROTECTION DISTRICT
municipal corporation
F� Z—
ill ge President President, Bard of Trustees
ATTEST: ATTEST:
Village Clerk ecretary
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