R-708 - 06/09/1998 - INTERGOVENMENTAL AGREEMNT - Resolutions RESOLUTION 98-AG-FD-FH-EXI-R-708
A RESOLUTION AUTHORIZING EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF LOMBARD
RELATIVE TO THE USE OF FIRE HYDRANTS
WHEREAS,the Village of Lombard has requested that the Village of Oak Brook enter into an
intergovernmental agreement which provides that each village may use the other's fire hydrants along
their respective corporate limits; and
WHEREAS,this agreement formalizes a long-standing informal agreement between the two
villages for the use of hydrants by the other at their contiguous corporate limits; and
WHEREAS, it is in the best interests of the Village of Oak Brook that it has the use of fire hydrants
along its common border with the Village of Lombard and formalize the agreement attached hereto as
Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
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Section 1: That the Village President and Village Cleric are authorized to execute an
intergovernmental agreement between the Village of Lombard and the Village of Oak Brook. Said
agreement shall be in substantial conformity with the form of agreement attached hereto as Exhibit A.
Section 2: This resolution shall be in full force and effect from and after its passage and approval
as provided by law.
PASSED AND APPROVED this 9th day of June, 1998 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 Bartecki, Caleel, Kenny, McInerney, Savino and Shumate
Nays: None
Absent: None
Abstain: None
' Village Pre dente'"
ATTEST: ``J3 �^
T�f (
Village Clerk 2 ,� r , i
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MUNICIPAL FIRE DEPARTMENT
AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF LOMBARD AND THE VILLAGE OF OAK BROOK
Agreement entered into this 9th . day of - June 199 8 between the
VILLAGE OF LOMBARD (hereinafter "Lombard") and the Village of Oak Brook
(hereinafter"Village")(both singularly or collectively also sometimes referred to as party or parties):
RECITALS:
WHEREAS,Lombard and Vdlage are authorized pursuant. to Article VII, Section 10 of the
` 1970 Illinois Constitution,and 5 ILCS 220/1-220/9, to enter into intergovernmental agreements; and
WHEREAS, Lombard maintains a fire department which provides fire fighting, fire
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prevention, and emergency equipment and services within its corporate limits; and
WHEREAS,Village maintains a fire department which provides fire fighting, fire prevention,
and emergency equipment and services within its corporate limits; and
L WHEREAS, Lombard and Village maintain fire hydrants within their respective corporate
Unit,-,, including along their common border(s)(hereinafter referred to as"Border Hydrants") for use
in fighting fires and in responding to all non-fira related emergencies requiring the use of water,
including, but not limited to, chemical spills(hereinafter collectiv:Ay referred to as"Emergencies");
and
WHEREAS, Lombard recognizes that in certain situations the use of Village's Border
Hydrants, in addition to the use of Lombard's own fire hydrants, may be desirable and necessary to
adequately respond to Emergencies within Lombard's corporate limits in order to preserve the health,
safety, and welfare of the public; and
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WHEREAS, Village recognizes that in certain situations the use of Lombard's Border
Hydrants, in addition to the use of Village's own fire hydrants, may be desirable and necessary to
adequately respond to Emergencies within Village's corporate limits in order to preserve the health,
safety, and welfare of the public;and
WHEREAS,it is in the mutual interests of Lombard and Village to enter into this Agreement.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants and
agreements contained therein, and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, Lombard and Village agree as .follows:
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1. Each of the above rentals,in its entirety,is incorporated by reference herein as Section
1 of this Agreement.
2. Lombard authorizes Village to use Border Hydrants located within Lombard's
corporate limits and along Lombard's border(s) with Village,without charge and for the purpose of
responding to Emergencies within Village's corporate limits.
3. Village authorizes Lombard to use Border Hydrants located within Village's corporate
(units and along V'illage's border(s)with Lombard,without charge and for the purpose of responding
to Emergencies within Lombard's corporate limits.
4. In the event that Village and.Lombard are responding to an Emergency simultaneously
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at or about the location of the border(s) between Village and Lombard, the parties agree to
coordinate the use of their respective Border Hydrants in accordance with their Mutual Aid
Agreement and/or as determined by the respective Fire Chiefs or their designees at the scene of said
Emergency.
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5. As soon as practicable after Village's use of Lombard's Border Hydrants, Village shall
notify Lombard of the date, time, and nature of the Emergency corresponding to said use. Notice
shall be given in accordance with paragraph 10 below.
6. As soon as practicable after Lombard's use of Village's Border Hydrants, Lombard
shall notify Village of the date,tune,and nature of the Emergency corresponding to said use. Notice
shall be given in accordance with paragraph 10 below.
7. Lombard shall indemnify and hold harmless Village with respect to any claim or loss,
including,but not limited to, attorney's fees, costs and expenses of litigation, claims and judgments
in connection with any and all claims for damages of any kind which may arise, either directly or
indirectly, out of the acts or omissions of Lombard, its officers, agents or employees, in the
performance of this Agreement or in regard to the use of the Border Hydrants located within Village.
8. Village shah indemnify wad hold harmless Lombard with respect to any claim or loss,
including but not limited to, attorney's fees, costs and expenses of litigation, claims and judgments
in connection with any and all claims for damages of any kind which may arise, either directly or
indirectly, out of the acts or omissions of Village, its officers, agents or employees, in the
performance of this Agreement or in regard to the use of the Border Hydrants located within
Lombard.
9. Lombard and Village agree to work in good faith to mutually resolve any problems
occurring or arising out of the joint use of their Border Hydrants.
10. Notice or other writings which either party is required to, or may wish to, serve upon
the other party in connection with this Agreement shall be in writing and shall be delivered personally
or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows:
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M"77179PPr 7717771177777"7777
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A, If to Lombard:
Fire Chief
Village of Lombard
255 E. Wilson Avenue
Lombard, Illinois 60148
B. if to Village:
Fire Chief
Village of Oak Brook
1212 Oak Brook Road
Oak Brook, IL 60523
or to such other address, or additional parties, as either party may from time to time designate in a
written notice to the other party.
11. This Agreement shall be executed simultaneously in two (2) counterparts, each of
which shall be deemed an original, but both of which shall constitute one and the same Agreement.
12. Lombard and Village hereby represent to one another that each has full power and
authority to enter into this Agreement and carry out their respective obligations. Lombard and
Village further represent that:
A. all necessary action has been duly taken to authorize the execution and delivery of this
Agreement; and
B. this Agreement has been duly executed and delivered in accordance with said
authorization.
13. This Agreement contains the entire understanding between the parties and supersedes
any prior understanding or written or oral agreements between them respecting the within subject
matter. There are no representations, agreements, arrangements or understandings, oral or written,
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between and among the parties hereto relating to the subject matter of this Agreement which are not
My expressed herein.
14. This Agreement shall run for one(1)calendar year(twelve(12)months), commencing
on June 9 , 199 8 and ending_June 9_ _ . 199_. This Agreement shall renew
automatically, on the anniversary date hereof, without any further action by either party, for
successive one year terms, unless one party shall give the other party written notice of non-renewal,
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sixty(50) days prior to the expiration of the then current term.
IN WITNESS WHEREOF,the Village of Lombard, pursuant to authority granted by the
adoption of a Resolution by its Board of Trustees, has caused this Agreement to be executed by its
Village President and attested by its Village Clerk, and the Village of oak Brook , pursuant
to the authority duly granted by the adoption of a Resolution by its Board of Trustees, has caused this
Agreement to be executed by its Village President and attested by its Village Clerk.
VILLAGE OF LO VILLAGE OF OAR BROOK
By: :--�' ---- ,-� � By. -Id
Village Pr ldent illage President f 111 �
�QC,E a 04��
ATTEST: ATTEST: j `'
Village Clery Village C
DATED: DATED: June 9. 1998
ATWRIVIU AGES>t&41kWMBARD.VIUAGREE.001
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