R-1016 - 04/08/2008 - AGREEMENT-POLICE DEPT. - Resolutions Supporting Documentsdi
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AGENDA ITEM
Regular Board of Trustees Meeting
of
April 8, 2008
SUBJECT: Intergovernmental Agreement with City of Darien
FROM: Thomas Sheahan, Police Chief
BUDGET SOURCE /BUDGET IMPACT: N/A
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I' EAM 10.11A)
RECOMMENDED MOTION: I move for passage of Resolution R -1016, "A Resolution
Authorizing The Execution Of An Intergovernmental Agreement Between The Village Of
Oak Brook, Illinois And The City Of Darien, Illinois Relative To The Use Of The Oak
Brook Police Department Firing Range
Background /History:
As a result of the closure of Clarendon Hills Police Departments firing range, Darien Police
Department is without a firing range. Darien Police and Oak Brook Police have a long history of
working together in time of need and share assests for FIAT SWAT, DuMEG, and Alive @ 25
Driver Safety, to name a few. Dairen Police uses an outdoor range during the months of May to
October and would only need to use Oak Brook's range during winter months. The only
potential cost would be for a single additional range cleaning and waste removal which will be
paid for by Darien. This agreement will be from 2008 to 2009.
Recommendation:
That the Village Board approve Resolution R -1016 and authorize execution of the
Intergovernmental Agreement between the Village of Oak Brook and the City of Darien
regarding the use by Darien of the Oak Brook Police Department Firing Range.
1il
RESOLUTION 2008- AG- PD- FR -EX2 -R -1016
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF OAK BROOK, ILLINOIS AND THE CITY
OF DARIEN, ILLINOIS RELATIVE TO THE USE OF THE
OAK BROOK POLICE DEPARTMENT FIRING RANGE
WHEREAS, Article VII, §10 of the Illinois Constitution of 1970 and the Intergovernmental
Cooperation Act of the State of Illinois (5 ILCS 220/1, et seq.) authorize units of local government to
contract or otherwise associate among themselves to exercise, combine or transfer any power or function,
in any manner not prohibited by law, and to contract with any one or more other public agencies to
perform any governmental service, activity or undertaking, or to combine, transfer or exercise any powers,
functions, privileges or authority which any of the public agencies entering into the contract is authorized
by law to perform, and
WHEREAS, the City of Darien has requested that its police officers be allowed to use the Oak
Brook Police Department Firing Range pursuant to an intergovernmental agreement
WHEREAS, the President and Board of Trustees of the Village of Oak Brook deem it in the best
interests of the Village of Oak Brook to enter into this intergovernmental agreement, and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows
Section 1 The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein
Section 2 The intergovernmental agreement by and between the Village of Oak Brook and the
City of Darien is hereby approved The Village President and Village Clerk are hereby authorized and
directed to execute same on behalf of the Village attached hereto as Exhibit "A" and incorporated herein
by reference Attached hereto as Exhibit "B" and incorporated herein is a copy of a Resolution passed
and approved by the City of Darien on February 19, 2008, entitled, "A Resolution Authorizing the Mayor
and City Clerk to Execute an Intergovernmental Agreement Between the City of Darien and Village of Oak
Brook"
Section 3 If any section, paragraph, clause or provision of this ordinance shall be held invalid, the
invalidity thereof shall not affect any of the other provisions of this ordinance
Section 4 All ordinances in conflict herewith are hereby repealed to the extent of such conflict
Section 5 This resolution shall be in full force and effect from and after its passage, approval and
publication as required by law
APPROVED THIS 8th day of April, 2008
John W Craig
Village President
PASSED THIS 8t" day of April, 2008
Ayes
Nays
Absent
ATTEST
Charlotte K Pruss
Village Clerk
Resolution 2008- AG -EX1 -R -1016
Authorizing the Execution of
Intergovernmental Agreement
with City of Darien Page 2 of 2
EXHIBIT "A"
INTERGOVERNMENTAL AGREEMENT
This Agreement, made and entered into this / 9 ' day of 2008, by
and between the Village of Oak Brook, DuPage County, Illinois, a municipal corporation,
(hereinafter referred to as "Oak Brook "), and the City of Darien, DuPage County, Illinois, a
municipal corporation, (hereinafter referred to as "Darien ");
WITNESSETH:
WHEREAS, this intergovernmental agreement is entered into pursuant to Article VII,
Section 10 of the 1970 Constitution of the State of Illinois and pursuant to the provisions of the
Illinois Intergovernmental Cooperation Act; and,
WHEREAS, the Mayor and City Council of Darien have determined that public health,
safety and welfare require that the duties of all police officers employed by the Darien Police
Department include periodic training in the handling and use of firearms; and,
WHEREAS, Darien does not have a suitable firing range for the training of police
officers in its Department and desires to train its officers in the firing range of Oak Brook; and,
WHEREAS, Oak Brook owns and operates a firing range for the use and training of its
police officers which range can accommodate the needs of the Darien Police Department;
NOW, THEREFORE, for and in consideration of the mutual covenants contained in this
Agreement, the parties hereto agree, as follows:
1. PURPOSE: The purpose of this Agreement is to provide the Darien Police
Department with a firing range for a sufficient number of days for as many months per year as it
may choose to do so, for the training of its police officers in the safe and efficient use of
firearms.
2. LOCATION: The firing range referred to herein is that indoor range owned and
operated by Oak Brook in its Police Department, Oak Brook, Illinois.
3. MAINTENANCE: Oak Brook agrees to properly maintain its firing range and
Darien agrees to clean the range after its use to the same condition prior to the use.
4. EQUIPMENT: Oak Brook shall provide all equipment and target holders as is
reasonably necessary for operation of the firing range during those days when it is being used by
Darien Police Department, but this equipment shall not include firearms or ammunition, targets
or other consumables.
5. AVAILABILITY: The firing range shall be available for use by members of the
Darien Police Department not less than 2 eight -hour periods per month and upon not less than 5
days prior approval by Oak Brook.
6. RANGE REGULATIONS: All Police Officers of Darien shall comply with the
current Firing Range Rules and Regulations of Oak Brook, as posted in the control room of the
firing range. Failure to comply with any and all laws, ordinances, rules and regulations of the
Sate of Illinois or the Village of Oak Brook regarding the use of firearms, or of the firing range,
shall entitle the Village of Oak Brook to remove any and all officers in violation of same.
7. RANGE MASTER: Darien agrees to provide a qualified range master who is
certified as a Departmental Range Officer and/or as a firearms instructor to be present at all times
when the range is being used by its police officers.
8. INSURANCE: Darien and Oak Brook are both members of IRMA. IRMA
coverage satisfies the insurance requirements of this Agreement. In the event Darien ceases
participation in IRMA during the terms of this Agreement, then Darien shall, procure and
maintain the following insurance:
(a) Commercial General Liability Insurance (including bodily injury and property
damage, products and complete operations, and contractual liability {which
insures the liability accepted pursuant to this Agreement}); all with limits of no
less than $1,000,000.00 per occurrence or accident and a minimum of
$2,000,000.00 aggregate, including any self - insured retention. The policy shall
be written on an occurrence basis as opposed to claims made.
(b) Automobile Liability Insurance covering all owned or leased automobiles with
limits of not less than $1,000,000.00 per accident, including any self - insured
retention.
(c) Worker's Compensation Insurance in accordance with Illinois law, with statutory
limits.
Darien shall provide to Oak Brook, upon request, a certificate of insurance, in form
acceptable to Oak Brook, evidencing the existence of such insurance. All renewal certificates of
insurance shall be required to be submitted to the Village of Oak Brook not less than 30 days
prior to expiration of the policies required herein.
Darien shall cause the aforedescribed commercial general liability insurance or risk
management pool coverage to be endorsed to provide, in substance, that Oak Brook, its officials,
officers, employees, and agents are additionally named insured with respect to any and all claims
arising out of its performance of this Agreement or is failure to perform or properly perform this
Agreement.
Darien hereby agrees to save, hold harmless, indemnify, and defend the Village of Oak
Brook, its officials, officers, employees, and agents, from and against any and all loss, damage,
injury or death, including attorneys fees and costs associated therewith, caused by or arising out
of its use of the aforementioned firing range, or arising out of its performance of this Agreement,
or its failure to perform or to properly perform this Agreement.
9. FEE: Darien shall pay FIFTEEN HUNDRED DOLLARS ($1,500.00) annually
to the Village of Oak Brook for the use of said firing range as described in this Agreement. Said
annual fee shall initially be paid on the effective date of this Agreement and on every twelve-
month anniversary of the effective date thereafter during the term of this Agreement.
10. EFFECTIVE DATE: This Agreement shall be in effect from the date of its
execution by the last party to execute this Agreement.
11. DURATION: This Agreement shall be in effect for a period of five (5) years
after its effective date.
12. TERMINATION: This Agreement may beterminated by either party by
providing 60 days advance written notice to the Police Chief of the non - terminating parry. Oak
Brook shall refund that portion of the annual fee in the year of termination in an amount equal to
the number of full months paid but unused based on a monthly amount of ONE HUNDRED
TWENTY -FIVE AND 00 /100 DOLLARS ($125.00).
13. AMENDMENTS: This Agreement may be amended at any time by the mutual
agreement of the parties herein; all amendments must be in writing and shall not be effective
until executed or ratified by both parties thereto.
14. NOTICES: All notices in connection with this Agreement shall be deemed
delivered when mailed by certified or registered mail, postage prepaid, to the parties hereto at the
addresses shown below:
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
City of Darien
1702 Plainfield Road
Darien, IL 60561
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in their respective corporate names, by the authorized signatures of their respective
officers and by their respective corporate seals affixed and attached hereto by their respective
officers having custody thereof on this / q day of beu/ , 2008.
CITY OF DARIEN
ATTES
rTYCL&RK
ATTEST:
VILLAGE CLERK
VILLAGE OF OAK BROOK
I:
STATE OF ILLINOIS )
SS
COUNTY OF DU PAGE )
I, Joanne F. Coleman, do hereby certify that I am the duly qualified CITY CLERK
of the CITY OF DARIEN of DuPage County, Illinois, and as such officer I am the keeper
of the records and files of the City;
I do further certify that the foregoing constitutes a full, true and correct copy of
RESOL UTION NO. R -11 -08 — "A RESOL UTION A UTHORIZING THE MAYOR
AND THE CITY CLERK TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF DARIEN AND THE VILLAGE OF
OAKBROOK" OF THE CITY OF DARIEN, DU PAGE COUNTY, ILLINOIS, duly
passed and approved by the Mayor and City Council members of the City at a meeting
held on February 19, 2008.
IN WITNESS WHEREOF, I have hereunto affixed my official hand and seal
this 19ffi day of February, 2008.
(SEAL)
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EXHIBIT 13
RESOLUTION NO. R -11 -08
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF DARIEN
AND
VILLAGE OF OAK BROOK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DARIEN,
DUPAGE COUNTY, ILLINOIS, that the Mayor and City Clerk are hereby authorized to
execute an Intergovernmental Agreement between the City of Darien and the Village of Oak
Brook for use of the Oak Brook Police Range. A copy of which is attached hereto and which is
by this reference expressly incorporated herein.
PASSED BY THE CITY COUNCIL OF THE CITY OF DARIEN, DUPAGE
COUNTY, ILLINOIS, this 19`h day of February 2008.
AYES: 7 -Avci, Durkin, Galan, Gattuso, Marchese, McIvor, Poteraske
NAYS:
ABSENT:
0 -NONE
0 -NONE
APPROVED BY THE MAYOR OF THE CITY OF DARIEN, DUPAGE
COUNTY, ILLINOIS, this 191' day of February 2008.
L
KATHLEEN MOESLE WEAVER, MAYOR
ATTEST:
F. COLEMAN, CITY CLERK
AP OVED A TO FORM:
�3 C ORNEY