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R-1016 - 04/08/2008 - AGREEMENT-POLICE DEPT. - Resolutions Supporting Documentsdi • Mfg b+: I 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 ta 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) o to e• N T darien Illinois ca /�p City Clerk 4z--- �JPwYy l 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