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R-780 - 05/22/2001 - AGREEMENT - Resolutions ExhibitsEXHIBIT A INTERGOVERNMENTAL AGREEMENT FOR PUMPER STORAGE AND USE THIS AGREEMENT, made and entered into this ,= day of M rq , 2001, by and between the Village of Oak Brook ( "Village "), an Illinois municipal corporation, and the Darien- - Woodridge Fire Protection District ( "District "), an Illinois municipal corporation. WITNESSETH: WHEREAS, the Village owns a 1976 Hendrickson Custom Pumper ( "Pumper ") which, when not being used by the Village, may be garaged and used by the District during the term of this Agreement hereafter set forth; and WHEREAS, the parties desire to foster the economic and efficient utilization of public funds expended for personal property, and, therefore, to provide for the garaging and use of such loaned equipment by the parties to this Agreement; and WHEREAS, the purpose of this Agreement is consistent with the goals of the Intergovernmental Cooperation clause of the Constitution of the State of Illinois (Article VII, Section 10) and is further authorized by 5 ILCS 220/1 et seq. NOW, THEREFORE, in consideration of the foregoing recitals and the following covenants, the adequacy and sufficiency of which are hereby acknowledged and agreed, the parties agree as follows: I. AGREEMENT OF THE PARTIES (A) The District shall garage the Pumper at its station located at 2425 75`" Street, Darien, IL 60561 during the term of this Agreement. The District shall provide and pay for routine maintenance for the Pumper, but any extraordinary maintenance shall be provided and paid for by the Village. The District may use the Pumper for fire suppression and related activities, provided that the Village does not first notify the Distract that the Village has a need for the Pumper. In the event both the Village and the District need to use the Pumper, the Village's need shall take precedence. (B) Neither the District nor the Village shall impose a charge to the other party for the use or storage of the Pumper, or for any other purpose under this Agreement. (C) The District shall return the Pumper to the Village at the expiration or termination of this Agreement in the same condition as when it was received by the District, except for ordinary wear and tear. (D) The District shall permit only capable, experienced and qualified personnel to operate and use the Pumper (E) Notwithstanding any provision of this Agreement to the contrary, each parry to this Agreement shall be responsible for worker's compensation claims made by its employees, agents or contractors. (F) The District shall furnish the Village with proof of comprehensive general liability and property damage insurance which includes the Pumper in amounts not less than two million dollars ($2,000,000). (G) In the event of any claim, cause of action, suit or demand against the Village ansing out of the storage or operation of the Pumper by the District pursuant to this Agreement, whether performed by the District, its contractors, agents and/or employees, any and all Village costs and expenses, including all attorney's fees and court costs incurred in defending any claim, cause of action, suit or demand shall be the sole and exclusive responsibility of the District. (H) With respect to the District's storage and use of the Pumper as provided in this Agreement, the District agrees to indemnify and hold the Village harmless from any and all liability, causes of action, suits, damages or demands of whatsoever nature ansing out of the conduct of the District, its contractors, agents and/or employees (whether or not authorized) while they are storing or using the Pumper. The District further agrees to reimburse the Village, its officers, agents, employees and servants for any and all attorney's fees and court costs incurred by any of such parties in defending any claim, cause of action, suit or demand for which indemnification has been agreed. -2- (I) The District waives, releases, and discharges its rights of recovery against the Village by subrogation for any loss and damage ansing out of the District's operation or use of the Pumper. II. NO ASSIGNMENT This Agreement shall not be assigned by any party hereto without the prior written consent of the other party. III. SEVERABILITY The invalidity of any provision of this Agreement shall not impair the validity of any other provision. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, that provision will be deemed severable and the Agreement may be enforced with that provision severed or as modified by the court. IV. ENTIRE AGREEMENT This Agreement sets forth the entire understanding of the parties and may only be amended, modified or terminated by a written instrument signed by the parties except as herein otherwise provided. V. GOVERNING LAW This Agreement shall be interpreted and construed in accordance with the laws of the State of Illinois. VI. TERM This Agreement shall expire on June 1, 2003, provided that either party may terminate this Agreement at any time upon not less than thirty (30) days prior written notice to the other party- -3- VIII. NOTICES All notices required pursuant to this Agreement shall be in writing and must be served either personally or by certified or registered mail to: VILLAGE: Chief Debra Jarvis Fire Department Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 VIII. COUNTERPARTS DISTRICT: Chief Robert Tinucci Danen- Woodndge Fire Protection District 7550 Lyman Avenue Darien, IL 60561 This Agreement may be executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. IX. AUTHORITY Each person signing this Agreement personally warrants and represents that he or she has full and complete power and authority to execute this Agreement on behalf of and to bind the entity for which he or she is signing IN WITNESS WHEREOF, each party has caused its respective officers or officials to execute this Agreement. VILLAGE OF OAK BROOK, an Illinois municipal corporation ATTEST: &y �" .c P 1 1&,1a1) By: Villag,e/Clerk . L-V, (.rkf V llage President ATTEST: DARIEN - WOODRIDGE FIRE PROTECTION DISTRICT, an Illinois municipal corporation 1 By: By: -4-