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O-897-95 08/28/95 (2)VILLAGE OF LEMONT ORDINANCE NO. 897 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR FIRE PROTECTION CODE ENFORCEMENT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 28th day of August , 1995. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois, this 28th day of August , 1995 ORDINANCE 897 ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR FIRE PROTECTION CODE ENFORCEMENT WHEREAS, the President and Board of Trustees have deemed it in the community's best interest to enter into an Intergovernmental Agreement for Fire Protection Code Enforcement, attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, the Agreement will assist the Lemont Fire Protection District in a uniform enforcement of its code throughout the entire district. NOW, 'THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, that the Village Board of Trustees authorizes the President and Clerk to sign the attached Agreement. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE GE F LEMONT, CODK, WILL AND DU PAGE COUNTIES, ILLINOIS on this day of r �, , 1995. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert AYES NAYS PASSED ABSENT f CHARLENE SMOLLEN, Village Clerk Approved by me this day of Attest: CHARLENE SMOLLEN, Village Clerk 1995 A. KWASNESKI, Village President INTERGOVERNMENTAL AGREEMENT FOR FIRE PREVENTION CODE ENFORCEMENT THIS AGREEMENT, made and entered into on the date set forth next to the signature of each party hereunto, by and between the VILLAGE OF LEMONT, an Illinois Municipal Corporation ( "Village ") and the LEMONT FIRE PROTECTION DISTRICT, a Body Corporate and Politic ( "District "). WITNESSETH: WHEREAS, the Illinois Constitution, 1970, Article 7, Section 16, authorizes units of Iocal government to contract or otherwise associate among themselves in any manner not prohibited by law or by ordinance; and WHEREAS, the 5 ILCS 220/1 et seq., entitled the "Intergovernmental Cooperation Act," provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government of this State may be exercised and enjoyed jointly with any other local government; and WHEREAS, the Lemont Fire Protection District has heretofore adopted a Fire Prevention Code in and for the District, a copy of which is attached hereto as EXHIBIT A and is, by this reference, incorporated herein; and WHEREAS, the enforcement of said Fire Prevention Code requires inspection services by qualified personnel; and WHEREAS, there is no qualified Village personnel available to provide such inspection services; and WHEREAS, the District employs qualified personnel who are able to perform the inspection services necessary to enforce the Fire Prevention Code of the District; and WHEREAS, the Village desires to have the District perform such inspection services as are necessary for the proper enforcement of the Fire Prevention Code as hereinafter provided for in this Agreement; and WHEREAS, the District desires to provide qualified personnel to provide said inspection services upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing recitals and of the covenants and conditions hereinafter contained, the adequacy and sufficiency of which the parties hereto hereby acknowledged; the parties hereto mutually agree as follows: 1. The District shall conduct such inspections as the District deems necessary to enforce the provisions of the District's Fire Prevention Code, and any and all amendments or revisions thereto, within the common boundaries of the District and the Village. The District shall report the results of these inspections of the Village in writing. The District shall, upon the request of the Village, perform such inspection services and provide all equipment which may be necessary for the performance of such inspections and the proper enforcement of the District's Fire Prevention Code, within the common boundaries of the District and the Village. 3. It is expressly agreed by the between parties hereto that the inspection and review services provided for in this Agreement shall be made at no cost to the Village. Any fees collected by the District in connection with its inspections and review services shall benefit the District. 4. The Village shall make available to the District all available plans, specifications, and such other data and information in the possession of the Village as may be necessary for the performance of the District's inspection services under this Agreement. 5. The Village shall make reasonable arrangements with the District to assist the District in the performance of the inspection services provided for herein. 1. 6. The number of inspections required at anytime, the inspection assignments and the shifts to be worked shall be determined by the District. 7. Either party may terminate this Agreement at any time effective at the end of any calendar month, provided however, that the party desiring to terminate this Agreement shall give written notice to the other party specifying the end of the month on which the termination is to be effective. - Said written notice must be given at least sixty (60) days prior to the date on which termination is to be effective. .2_ 8. This Agreement shall be in force commencing on 19 , provided that this Agreement shall be subject to termination as provided for in Paragraph 7 hereof. 9. The District agrees to hold harmless, indemnify and defend the Village from any and all claims, demands, liabilities, and suits in law or in equity that may arise from or out of the District's performance of this Agreement. The Village agrees to hold harmless, indemnify and defend the District from any and all claims, demands, liabilities and suits in law or in equity that may arise from or out of the provisions of the District's Fire Prevention Code, or the ViIlage's performance of this Agreement. 10. This Agreement shall be binding upon and inure to the benefit of any successor governmental legal entity which may assume and perform the duties of either party hereto. Notwithstanding the foregoing, this Agreement shall not be assigned by either party hereto without the prior written consent of the other party to this Agreement. 11. The invalidity of any provisions of the Agreement shall not impair the validity of any other provisions. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, that provision severed or as modified by the court. 12. 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. 13. This Agreement shall be interpreted and construed in accordance with the laws of the State of Illinois. 14. All notices hereunder shall be in writing and must be served either personally or by registered or certified mail to: a. Village at: Village of Lemont 418 Main Street Lemont, Illinois 60439 Attention: Village Administrator b. District at: Lemont Fire Protection District 15900 New Avenue Lemont, Illinois 60439 Attention: Fire Chief -3- c. To such other person or place which either party hereto by its prior written notice shall designate for notice to it from the other party hereto. 15. This Agreement is executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first above written. ATTEST: Charlene Smollen, Village Clerk ATTEST: James A. Durham, Secretary Board of Trustees VILLAGE OF LEMONT, an Illinois Municipal Corporation Richard Kwasn V illaae r ident LEMONT FIRE PROTECTION DISTRICT, a body Corporate and Politic. By: -4- Lori Stech, President Board of Trustees