R-2030 - 08/09/2022 - ISTHA - Resolutions ExhibitsINTERGOVERNMENTAL AGREEMENT BETWEEN
THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
AND
THE VILLAGE OF OAK BROOK
THIS INTERGOVERNMENTAL AGREEMENT ("AGREEMENT"), made and entered
into upon the last dated signature below, by and between The Illinois State Toll Highway
Authority ("ILLINOIS TOLLWAY"), and The Village of Oak Brook ("DEPARTMENT").
RECITALS
WHEREAS, to ensure the highest degree of safety in the operation of the ILLINOIS
TOLLWAY, the ILLINOIS TOLLWAY adopted Resolution No. 5458, authorizing the
ILLINOIS TOLLWAY to (i) enter into agreements with fire protection districts and municipal
fire departments bordering its rights-of-way for the provision of adequate fire protection
services, and (ii) provide reimbursement for such services at the scheduled rates set forth therein;
WHEREAS, pursuant to ResolutionNo. 5458, the ILLINOIS TOLLWAY entered into
intergovemmental agreements with various fire protection districts and/or municipal fire
departments bordering its rights-of-way for the provision of the above-described services;
WHEREAS, after reaffirming the need to provide adequate fire protection services along
the toll roads in its system and finding it necessary to also provide adequate emergency medical
services, the ILLINOIS TOLLWAY adopted Resolution No. 9589, increasing the scheduled
reimbursement rates set forth in Resolution No. 5458;
WHEREAS, on September 29, 1977 , after fire protection districts and municipal fire
departments began providing ambulance services, the ILLINOIS TOLLWAY adopted
Resolution No. 9885, adding a scheduled reimbursement rate for the provisions of ambulance
services;
WHEREAS, on December 21,1995, the ILLINOIS TOLLWAY adopted Resolution No.
l44g}, increasing the scheduled reimbursement rates for fire protection and emergency medical
services (including ambulance services);
WHEREAS, the DEPARTMENT is qualihed to provide the fire protection and
emergency services required by the ILLINOIS TOLLWAY on the Tri-State Tollway (I-294)
between milepost 28.1 and milepost 30.9 in the northbound and between milepost 30.5 and
milepost 27.6 rnthe southbound direction, and on the Ronald Reagan Memorial Tollway (I-88)
between milepost 137 .7 and milepost 141.0 in the eastbound direction and between milepost
141.0 and milepost 134.0 in the westbound direction as depicted in Exhibit A ("Service Area");
WHEREAS, the DEPARTMENT was created by and operates pursuant to general powers
conferred under the Illinois Municipal Code, 65 ILCS 5lll-6-1, et. seq.;
WHEREAS, the ILLINOIS TOLLWAY, by virtue of its powers as set forth in the Toll
Highway Act, 605 ILCS l0/l , et. seq., is authorized to enter into this AGREEMENT,
NOW, THEREFORE, in consideration of the mutual covenants and representations
contained herein, the ILLINOIS TOLLWAY and the DEPARTMENT (collectively, "Parties")
agree as follows:
l. Relative to each occurence in the Service Area (seeEx. A) to which the DEPARTMENT
responds, the ILLINOIS TOLLWAY will pay the DEPARTMENT $500.00 to reimburse
a portion of the costs the DEPARTMENT incurs in connection with the response. On
each annual anniversary of this AGREEMENT, this fee shall automatically increase by
$10.00. Also:
a. If helicopter rescue services are provided in accordance with criteria established
by the hospital originating the request for such services, such services shall be
billed directly by the helicopter rescue service to the party the helicopter was
required to transport; the ILLINOIS TOLLWAY shall not be responsible for
helicopter transport services, except as provided under Workers' Compensation
Act, 820 ILCS 305/1 , et seq.;
b. Special hazardous material rescue and clean up services not provided by the
DEpARTMENT shall be billed directly by the provider to the person(s) or entities
who caused such services to be required.
c. Nothing in this AGREEMENT shall prohibit the DEPARTMENT from billing
any patient, including the insurance provider for the patient, for ambulance
transportation to receive emergency medical care'
Z. For, and in consideration of, the compensation specified above, which the ILLINOIS
TOLLWAy and the DEPARTMENT agree constitutes the sole and exclusive amount for
which the ILLINOIS TOLLWAY will be responsible for as a result of or due to a
response by the DEPARTMENT, the DEPARTMENT agrees:
a. To use its best efforts to provide fire protection and emergency services for
persons and property in the Service Area. If changes in the Service Area are
required to more efficiently serve the needs of ILLINOIS TOLLWAY patrons,
the Service Area may be amended by wriuen agreement of the Parties.
b. To proceed, whenever f,rre equipment is available, to the location in the Service
Area (see Ex. A) designated by an authorized representative of the ILLINOIS
TOLLWAY. The DEPARTMENT shall make every effort to provide its own
back-up response when its own manpower and/or equipment is not available for
call-out. In the event an emergency call is directed to the DEPARTMENT from a
source other than the ILLNOIS TOLLWAY, the DEPARTMENT shall promptly
notify an authorized representative of the ILLINOIS TOLLWAY of the nature of
the emergency and the designated location'
c. To respond with necessary available equipment and manpower as indicated by the
information provided by the authorized representative of the ILLINOIS
TOLLWAY.
To present to the ILLINOIS TOLLWAY, within forty-five (45) days of an event
in the Service Area that requires the provision of any fire protection and
emergency services, an invoice including the hour, date, time and place of the
DEPARTMENT's response to the event; and the amount due and owing from the
ILLINOIS TOLLWAY pursuant to this AGREEMENT. The ILLINOIS
TOLLWAY will promptly process all timely and sufficient invoices submitted by
thE DEPARTMENT. ThE DEPARTMENT ShAII NOt biII thE ILLINOIS
TOLLWAY for any services billed to an ILLINOIS TOLLWAY patron, and the
ILLINOIS TOLLWAY shall not be responsible for any services billed to an
ILLINOIS TOLLWAY patron, even if the DEPARTMENT fails to obtain
payment from or on behalf of the ILLNOIS TOLLWAY patron'
To keep confidential, and not disclose, distribute or otherwise share, any
photographs, video or electronic images that depict any matter that may have
occurred on ILLINOIS TOLLWAY property, except for disclosures to
(i) physicians and medical personnel directly involved in the treatment of a patient
involved in an occurrence, (ii) insurance companies representing a party involved
in an occurrence, or (iii) the State Fire Marshal. Disclosure also is permissible to
the extent required by the Illinois Freedom of information Act.
I. GENERAL PROVISIONS
l. The ILLINOIS TOLLWAY, the DEPARTMENT and their respective agents agree that
they shall communicate, cooperate and coordinate with one another on all issues
pertaining to a response and the consequent need for fire protection and emergency
services in the Service Area, including but not limited to traffic and incident
management.
Z. All promises, agreements, covenants and representations, express or implied, oral or
written, concerning the subject matter of this AGREEMENT are contained in this
AGREEMENT, which embodies the entire agreement and understanding between the
parties. No other promises, agreements, covenants or representations, express or implied,
oral or written, have been made by any Party to any other Party concerning the subject
matter of this AGREEMENT, and neither the fact of this AGREEMENT nor any of its
terms creates, or is intended to create, any rights or interests in any third party. This
AGREEMENT is made solely for the benefit of the ILLINOIS TOLLWAY and the
DEPARTMENT. All prior and contemporaneous negotiations, promises, agreements,
covenants and representations between the Parties concerning the subject matter of this
AGREEMENT are merged into this AGREEMENT'
3. Whenever in this AGREEMENT approval or review by either the DEPARTMENT or the
ILLINOIS TOLLWAY is provided for, said approval or review shall not be unreasonably
delayed or withheld.
4. No later than fourteen (14) calendar days after execution of this AGREEMENT, each
pARTy shall designate in writing a representative who shall serve as the full-time
representative of said PARTY during the period this AGREEMENT is in effect. Each
d.
C.
representative shall have authority, on behalf of such PARTY, to make decisions relating
to implementation of this AGREEMENT. Representatives may be changed, from time to
time, by subsequent written notice. Each representative shall be readily available to the
other PARTY.
5. This AGREEMENT may be executed (including electronically) in two (2) or more
counterparts, each of which shall be deemed an original and all of which shall be deemed
one and the same instrument.
6. This AGREEMENT may not be amended or modified without the written consent of the
Parties and the Illinois Attorney General.
7. This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES and
their respective successors and approved assigns.
g. Failure by the ILLINOIS TOLLWAY or the DEPARTMENT to seek redress for a
violation of this AGREEMENT or to insist upon the strict performance of any condition
or covenant of this AGREEMENT shall not constitute a waiver of any breach or
subsequent breach of such covenants, terms, conditions, rights and remedies' No
provision of this AGREEMENT shall be deemed waived by the ILLINOIS TOLLWAY
or the DEpARTMENT unless such provision is waived in writing by the Party intended
to benefit therefrom.
g. This AGREEMENT shall be governed and construed in accordance with the laws of the
State of Illinois, without regard to conflicts of law principles, and in the event of a
dispute, venue shall lie exclusively in DuPage County, Illinois'
10. The DEPARTMENT shall maintain books and records relating to the performance of this
AGREEMENT necessary to support amounts charged to the ILLINOIS TOLLWAY'
The DEpARTMENT shall maintain books and records, including information stored in
databases or other computer systems, for a period of three (3) years from the date of final
payment under this AGREEMENT. Books and records the DEPARTMENT is required
to maintain shall be available for review or audit by representatives of the Auditor
General, the Executive Inspector General, the Illinois Tollway Inspector General, State of
Illinois or ILLINOIS TOLLWAY internal auditors or other governmental entities with
monitoring authority, upon reasonable notice and during normal business hours'
I l. Either Party to this AGREEMENT may terminate this AGREEMENT by notifying the
other party in writing. Such written notice shall be effective ninety (90) days after the
date of the notice. Such written notice shall be sent by U.S. Mail or overnight messenger
as follows:
If to the DEPARTMENT
The Village of Oak Brook
Fire Department
1200 Oak Brook Road
Oak Brook, IL 60523
Attention: Fire Chief
If to the ILLINOIS TOLLWAY
The Illinois State Toll Highway Authority
2700 Ogden Avenue
Downers Grove, IL 60515
Attention: General Counsel4
IN WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to be
executed on the dates indicated.
By:
FOAKBROOK
Gopal Lalmalani
Village President
Date: ff, d '/-JJ..
THE ILLINOIS ST ATE TOLL HIGHWAY AUTHORITY
By: Date:
Cassaundra Rouse
Executive Director
Approved as to Form and Constitutionality
AAG
Attorney General, State of Illinois
Illinois Tollway_ Village of Oak Brook_0B.25.2022
5
Kathleen R. Pasulka-Brown (Sep 2, 2022 07:58 CDT)
Kathleen R. Pasulka-Brown
Cassaundra Rouse (Sep 7, 2022 16:31 CDT)
Cassaundra Rouse 09/07/2022
EXHIBI丁A
Oak Brook Fire Department
丁面…State丁 ollway
Northbound Milepost 28.l to lⅥilepost 30.9
Southbound M∥epost 30.5 to R/1ilepost 27.6
Ronald Reagan Memorial Tollway
Eastbound iⅥilepost 1 37.7to R/1ilepost 1 41,0
Westbound IⅥilepost 1 41.O to lⅥilepost 1 34.0
∥∥nois Tollway_Vi∥age of Oak Brook_08252022