IGA Oak Brook Park District & Sports Core -Recreational Memberships 04-13-2010 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE
VILLAGE OF OAK BROOK AND THE OAK BROOK PARK DISTRICT
TO EXTEND RECREATIONAL OPPORTUNITIES AND MEMBERSHIPS
BETWEEN THE VILLAGE-OWNED RECREATIONAL FACILITIES AT THE
SPORTS CORE AND GOLF COURSE AND THE DISTRICT-OWNED
RECREATIONAL FACILITIES FOR THE MUTAL BENEFIT OF RESIDENTS
AND MEMBERS
THIS AGREEMENT made and entered into this I3 day of v-� ! 2010, by
and between the Village of Oak Brook, an Illinois municipal corporatid a unit of
local government located in DuPage and Cook Counties, Illinois, (the "Village") and the
Oak Brook Park District, a unit of local government located in DuPage and Cook
Counties, Illinois (the "District") (hereinafter collectively referred to as the "Parties" and
from time to time individually referred to as a"Party"),
WITNESSETH:
WHEREAS, the 1970 Illinois Constitution provides that units of local
government may contract and otherwise associate amongst themselves and with
individuals, associations and corporations in any manner not prohibited by law or
ordinance(Illinois Constitution), 1970,Article VII, section 10);and
WHEREAS, the services, personnel and facilities provided by both the Village
and the District are for the direct benefit of the residents of the two Parties; and
WHEREAS, the Village and the District agree that they can best serve the public
interest if these services, personnel and facilities are provided through the most
economical methods possible;and
WHEREAS, the Village and the District have determined to enter into this
Intergovernmental Agreement to extend recreational opportunities and memberships
between the Village-owned swimming pools and tennis facilities at the Oak Brook Bath
and Tennis Club and the Village-owned Oak Brook Golf Club, and at the District-owned
recreational facilities at the Racquet Club, Premiere Fitness Center, and the Family
Aquatic Center, for the mutual benefit of Village residents and members of either facility
in order to achieve this higher level of service at a more economical cost,
NOW THEREFORE, in consideration of the foregoing and the mutual covenants
and agreements as hereinafter set forth,the Village and the District agree as follows:
Section 1. Incorporation of Preambles. The preambles to this Intergovernmental
Agreement are incorporated and made a part hereof as though fully set
forth herein.
Section 2. Definitions. The following words shall have the meanings ascribed to
them herein for purposes of this Agreement:
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A. Village-owned recreational facilities: The Village-owned swimming pools and
tennis facilities at the Oak Brook Bath and Tennis Club and the Village-
owned Oak Brook Golf Club.
B.District-owned recreational facilities: The District-owned Racquet Club,Premiere
Fitness Club and Family Aquatic Center.
Section 3. Membership Discounts.
A. 'Members of the District's combined Premiere Fitness and Family Aquatic
Center and members of the District's Racquet Club are eligible for a 10%
membership discount on Village-owned recreational facilities.
1. District members must show their District membership card and State
ID, when completing the membership application form for Village-
owned recreational facilities, which form shall be available from the
Village.
B. Members of the Village-owned recreational facilities are eligible for a waiver
of the District's enrollment fee (currently $100.00) for membership at any
District-owned recreational facilities, at the current membership rate for the
type of membership applicable to the applicant, including but not limited to,
resident or non-resident;corporate or not;and adult, couple,family or senior.
1. Village members must show their Village membership card and State
ID, when completing the membership application form for District-
owned recreational facilities, which form shall be available from the
District.
2. Members of the Village-owned recreational facilities must initiate their
membership at the District-owned recreational facilities prior to July 1.
Section 4. Members' Use of Village-owned or District-owned Pools During Pool
Closures
A. Members of the District's Family Aquatic Center may utilize the pools of the
Village's Bath and Tennis Club during the last week of August when the
District performs its annual pool cleaning, by showing their Family Aquatic
Center membership card at the front desk of the Bath and Tennis Club.
B. Members of the Village's Bath and Tennis Club may utilize the pools of the
District's Family Aquatic Center in the event of inclement weather during the
normal operating months of the Bath and Tennis pools, which months are
typically from Memorial Day through Labor Day. The members of the
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Village-owned Bath and Tennis Club must show their membership card at the
front desk of the Family Recreation Center to utilize the District's pools.
Section 5. Compensation for Members' Use of Pools During?Pool Closures
A. Village-owned Bath and Tennis Club Pools: The compensation to be paid by
the District for District members utilizing the Village-owned pools during the
annual closure of the District's pools shall be $5.00 per member, per daily
visit.
B. District-owned Family Aquatic Center Pools: The compensation to be paid by
the Village for Village members utilizing the District-owned pools due to
inclement weather during normal operating months of the Bath and Tennis
pool shall be$5.00 per member,per daily visit.
C. Date for Compensation: On or before September 30, each Party shall tally the
compensation owed to the other Party pursuant to this Agreement. The
compensation owed by each Party to the other shall be compared, and the
Party holding the greater amount shall, on or before October 31, make
payment to the other Party by check of the amount of the difference.
Section 6. Coordination of Services During Pool Closures
A: A designated Bath & Tennis Club employee shall call the District's Front
Desk at the Family Recreation Center at 630-990-4233 to notify the District
when the Village's Bath and Tennis Club pool is closed due to inclement
weather.
B: The District shall notify the Village by contacting the Director of the Sports
Core at 630-368-6402 when the District's Family Aquatic Center pool will be
closed for the annual maintenance.
Section 7. Insurance and Indemnification
A. Insurance Requirements: The Village and the District shall each maintain,
throughout the term of this Agreement,the following insurance coverages:
1. Workers' compensation insurance with limits as prescribed by federal
and state laws.
2. Commercial general liability insurance, including contractual liability
insurance, covering the Parties' liability under the "Indemnification"
provisions set forth in Paragraph B of this Section, at minimum limits
as follows:
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$3,000,000 combined single limit per occurrence for bodily injury and
property damage and $1,000,000 per occurrence for personal injury.
Minimum General Aggregate shall be no less than $5,000,000 or a
contract-specific aggregate of$1,000,000.
3. Business automobile liability insurance covering all vehicles incident
to the intergovernmental services performed and personnel and
facilities provided pursuant to this Agreement in at least the following
limits:
$3,000,000 combined single limit per accident for bodily injury and
property damage.
4. Additional Insured. Each Party shall name the other Party and its
officers, employees, volunteers, and agents as additional insureds with
respect to liability arising out of intergovernmental services performed
and personnel and facilities provided pursuant to this Agreement.
5. At least annually, on or before June 30 of each year, and at other times
if requested of the other Party by either the Village or the District,each
Party shall supply the other with satisfactory evidence that it has in
effect all policies of insurance or coverage required to be purchased or
provided hereunder, including satisfactory evidence that all premiums
thereon have been paid.
B. Indemnification: The Village and the District shall, respectively, indemnify
and hold harmless the other Party, from and against any claims, actions,
losses, damages, liabilities, costs and expenses, including attorney fees, costs
and expert fees, claimed against, imposed on or incurred by the indemnified
Parry in connection with any and all loss of life, bodily injury and damage to
property which arises, relates or pertains, directly or indirectly, to the
indemnifying Party's responsibilities pursuant to this Agreement or the
indemnifying Party's actions or omissions to act as required hereunder,
including the Parties'respective provision of services, personnel, or facilities
through their officers, representatives, agents, contractors, employees or
volunteers.
Section 8. Term of Agreement. The initial term of this Agreement shall be for one
(1) year. This Agreement may be renewed for an additional one (1) year
term, upon the same terms and conditions or upon such modified terms
and conditions to which the Parties may agree, if either Party notifies the
other of its desire to renew, in writing, by January 15, 2011, provided that
the Parties are able to reach a satisfactory agreement for renewal.
Section 9. Status of the Parties' Personnel. Nothing in this Agreement is intended or
to be construed to create an employment relationship between either Party
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and the other Party's employees. The Village's employees shall be and
remain employees of the Village and not employees of the District, and
the District's employees shall be and remain employees of the District and
not employees of the Village. Each Party shall be solely and exclusively
responsible to pay wages; salaries; pensions; overtime, holiday, sick and
vacation pay; federal and state withholding and unemployment taxes;
FICA; Social Security; Medicare; health, accident and life insurance; or
any other claim, obligation, demand, tax, benefit, wage or other payroll-
related expense or penalty that may occur under local, state or federal law
for its own employees, regardless of whether such employees are
providing services to the other Parry. Each Party shall also have the sole
obligation to make or cause to be made payments which may be due under
the Worker's Compensation Act (820 ILCS 305/1, et seq.), and expressly
waives any right or claim it might have, including those set forth in the
Worker's Compensation Act, and especially those set forth in 305/1(a)(4)
thereof, to recover from the other Party any worker's compensation
claims, attorneys' fees, expenses or other costs on account of any injury or
worker's compensation claim made by any employee providing services
pursuant to this Agreement.
Section 10. Modification of Intergovernmental Agreement. The provisions of this
Agreement may be modified at any time during the term of this
Agreement,but only in writing and only if executed by both Parties.
Section 11. Notices. Any and all notices required hereunder shall be in writing and
shall be sent to the respective Parties by U.S. Mail,personal delivery or
confirmed facsimile as follows:
To the Village: Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook,Illinois 60523
Facsimile: 630-368-5045
To the District: Executive Director
Oak Brook Park District
1450 Forest Gate Road
Oak Brook,Illinois 60523
Facsimile: 630-990-8379
All mailed notices shall be deemed effective four (4) days following their
deposit in the United States mail,postage prepaid,to the addressee.
Section 12. Entire Agreement. This Agreement, including all matters incorporated
herein, contains the entire agreement between the Parties. There are no
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other covenants, warranties, representations, promises, conditions or
understandings,either oral or written,between the Parties, other than those
contained herein.
Section 13. 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, to the extent legally possible, be enforced with such
provision severed or modified.
Section 14. Governing Law. This Agreement shall be governed by the laws of the
State of Illinois'both as to interpretation and performance. The forum for
resolving any disputes concerning the Parties' respective performance, or
failure to perform, under this Agreement, shall be the 18'' Judicial Circuit
Court for DuPage County, Illinois.
IN WITNESS WHEREOF,the Parties have hereunto set their hands and seals the
day and first above written.
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VILLi�OF AK BRO OAK BROOK PARK DISTRICT
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ITEM 10.1).
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AGENDA ITEM
Regular Board of Trustees Meeting
of
January 12, 2010
SUBJECT: Village/Park District Partnership
FROM: David Niemeyer, Village Manager
BUDGET SOURCE/BUDGET IMPACT:
RECOMMENDED MOTION: N/A-Update only
Background/History:
Village elected officials and staff have recently been meeting with Park District elected officials
and staff to discuss ideas on how the two agencies can partner together on various matters that
benefit both organizations and the community. Trustees Saiyed, Carson, Wolin and Zannis have
been involved in some of these meetings. The initial discussions have included topics such as
joint programming,joint memberships for the Park District fitness facility and the Sports Core,
coordinating the timing of special events and the sharing of equipment and expertise.
The specific goals and timeline for implementation are being worked on by the two agencies'
staffs and will be discussed by both boards at future meetings. However, the two agencies agreed
to develop a joint mission statement that will guide the future discussions. The mission statement
is included below.
The Village of Oak Brook and the Oak Brook Park District both value finding ways to
improve services and efficiencies to Oak Brook residents and other members of our
community. The agencies desire to review ideas in which each partner can assist the
other partner in implementation of their respective services. Sharing of resources,
coordination of events, and joint endeavors that will improve services will be explored.
Each agency will continue to operate separately.
Staff recommends moving forward with this partnership as it will benefit both the Village and
the Park District.
Recommendation:
N/A-Update only
.IAAgenda Items\AG-Village-Park Dist Ptmshp 1-12-10.doc
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AGENDA ITEM
Regular Board of Trustees Meeting
of
April 13, 2010
SUBJECT: Intergovernmental Agreement - Oak Brook Park District
FROM: Trey VanDyke, Sports Core Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move that the Village Board adopt an intergovernmental
agreement between the Village of Oak Brook and the Oak Brook Park District to extend
recreational opportunities and memberships between the recreational facilities at the
Sports Core and the Park District for the mutual benefit of residents and members.
Background/History:
Attached is an intergovernmental agreement with the Oak Brook Park District. The agreement
creates a mutual benefit for both parties and enhances the enjoyment and access for Oak Brook
residents to both the Sports Core and the Park District. This agreement is the result of
conversations between several elected officials and staff members of the Village and the Park
District and should be considered the beginning of this type of cooperative thinking.
During our conversations we sought to create an omnibus type of membership that would allow
an extensive user of all the facilities a way to basically join everything for one fee. We have
fallen short of that goal, mostly because we really couldn't identify that type of user when
comparing membership lists. However, we have come up with a mutual discount program that
we feel will expand the audience for extensive use of both facilities all year long. The details are
as follows:
Members of the District's combined Premiere Fitness and Family Aquatic Center and members
of the District's Racquet Club are eligible for a 10% membership discount on Village-owned
recreational facilities.
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Members of the Village-owned recreational facilities are eligible for a waiver of the District's
enrollment fee (currently $100.00)for membership at any District-owned recreational facilities,
at the current membership rate for the type of membership applicable to the applicant, including
but not limited to, resident or non-resident; corporate or not; and adult, couple,family or senior.
Secondly, we identified that both pool operations close from time to time. The Village's pool
periodically closes in the event of inclement weather, and the Park District's pool closes for
annual maintenance. Both parties agreed that allowing each others member's access during these
closures was a mutual benefit. The following language from the agreement outlines the
mechanics of the "pool never closes"program:
Members of the District's Family Aquatic Center may utilize the pools of the Village's Bath and
Tennis Club during the last week ofAugust when the District performs its annual pool cleaning,
by showing their Family Aquatic Center membership card at the front desk of the Bath and
Tennis Club.
Members of the Village's Bath and Tennis Club may utilize the pools of the District's Family
Aquatic Center in the event of inclement weather during the normal operating months of the
Bath and Tennis pools, which months are typically from Memorial Day through Labor Day. The
members of the Village-owned Bath and Tennis Club must show their membership card at the
front desk of the Family Recreation Center to utilize the District's pools.
A reasonable compensation schedule ($5 per member per visit) has been designed to fairly
account for the burden to each facility. However, the goal would be for each facility to be used
equally.
This agreement will be presented to the Park District Board at their meeting of April 12, 2010.
Recommendation:
I move that the Village Board adopt an intergovernmental agreement between the Village
of Oak Brook and the Oak Brook Park District to extend recreational opportunities and
memberships between the recreational facilities at the Sports Core and the Park District
for the mutual benefit of residents and members.
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March 23, 2011 D1S,�\ -
Dave Niemeyer
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Re: Continuance of the 2010 Intergovernmental Agreement By and Between the Village of Oak Brook
and the Oak Brook Park District To Extend Recreational Opportunities and Memberships between the
Village-Owned Recreational Facilities at the Sports Core and Golf Course and the District-Owned
Recreational Facilities for the Mutual Benefit of Residents and Members, ("IGA")
Hi Dave,
In a recent conversation with Trey VanDyke, Sports Core Manager, Trey and I discussed and agreed to
the renewal of the 2010 Intergovernmental Agreement as titled above. The Village and the District
entered into the agreement to extend recreational opportunities and memberships between the Bath and
Tennis Club and Oak Brook Golf Club and the District's racquet club, fitness center and aquatic center.
A copy of the IGA has been enclosed for your review.
As required by the IGA, this letter will formalize our agreement for the renewal.
All terms and conditions of the 2010 Intergovernmental Agreement("IGA") shall remain in full force and
effect.
Two copies of this letter have been enclosed so that the District may receive a formal written
confirmation from the Village for the renewal. Please sign this letter, on the line provided for your
signature,to indicate the Village's agreement to continue the 2010 IGA with all terms and conditions of
the 2010 Intergovernmental Agreement, and return a copy to the Oak Brook Park District to my attention.
The District is grateful to continue the IGA for the mutual benefit of Village residents and members of
our recreational facilities!
Sincer
aure L. ose , Ed. D.
Executive Director
Oak Brook Park District
In Witness Whereof,the Village of Oak Brook agrees to continue the 2010 Intergovernmental Agreement
with all terms and conditions to remain in full force.
Village of Oak Br ok
By: " 1�W` Date:
Dave Niemeyer, Village Manager
1450 Forest Gate Road • Oak Brook, I L 60523-2151
Phone 630-990-4233 Fax 630-990-8379
www.obparks.org