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IGA Oak Brook Park District -Administer Power/Agility Test10-23-2007 INTERGOVERNMENTAL AGREEMENT, BY AND BETWEEN THE VILLAGE OF OAK BROOK AND THE OAK BROOK PARK DISTRICT This agreement ("Agreement") is made this-134.b._ day of c, 2007, by the Village of Oak Brook (the "Village") and the Oak Brook Park District (the "Park District") (collectively the "Parties"). WHEREAS, the Parties are units of local government and the Constitution of the State of Illinois (Article VII, Section 10) authorizes units of local governments to contract or otherwise associate among themselves in any matter not prohibited by law or ordinance; and WHEREAS, the Illinois Complied Statutes, Chapter 5, Act 220, Section 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 may be exercised jointly with another unit of local government; and WHEREAS, the Village is required to conduct a Power/Agility Test ("Test") as part of its 2007 Police Officer Application Process; and WHEREAS, this Park District has the necessary resources to conduct the Test and is willing to enter into an Agreement with the Village to conduct the Test on behalf of the Village. NOW THEREFORE in consideration of the mutual covenants and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and between the Parties as follows: 1. On November 17, 2007 the Park District will conduct the Test for the current candidates for the 2007 Police Officer Application Process. The Village will provide the Park District with the names of all candidates who are eligible to take the Test. 2. The Park District agrees to conduct the Test in accordance with the standards promulgated by the Illinois Law Enforcement Training Standards Board. Following the completion of the Test the Park District will forward the test results to the Village's Board of Fire and Police Commissioners. 3. The parties acknowledge and agree that the Test is currently scheduled to occur on November 17, 2007. In the event of circumstances beyond the control of the Village, the Test may be administered on an alternate date mutually agreed upon by the parties. 4. In the event the Park District or any of its officers, agents or employees are made a party defendant in any litigation, or any claim or demand is made against any such party, arising out of the Test, the Village agrees to defend, indemnify and hold harmless any such party, individually and collectively, from and against any and all suits, claims, demands, set offs, or other action, including but not limited to judgments arising therefrom except for liability arising due to the intentional or willful and wanton conduct of the Park District or any of its officers, agents or employees. The obligation of the Village hereunder shall include and extend to payment of reasonable attorneys' fees for the representation of any such party in any litigation or investigation, and shall further include expenses, court costs and all other fees associated with any litigation, claim or demand. 1 5. In the event that the Village purchases insurance from an insurance company, the Village shall keep in force at all times during the term of this agreement Commercial General Liability Insurance specifically including bodily injury, personal injury and property damage limits of not less than $3,000,000 per occurrence, written on an occurrence basis and at all times naming the Park District, its public officials, employees, volunteers and agents as additional insured. In the event that the Village is self-insured, member of an intergovernmental pool or provides for its risk financing by a means other than commercial insurance, the Village shall keep in force at all times during the term of this agreement, General Liability coverage specifically including bodily injury, personal injury and property damage limits of not less than $3,000,000 per occurrence provided on an occurrence basis and at all times specifically extending that coverage to Park district, its public officials, employees, volunteers, and agents. The Village's insurance coverage shall be primary insurance as respects the Park District, its officers, officials, employees, volunteers, and agents. Any insurance or self- insurance maintained by the Park District, its officers, officials, employees, volunteer or agents shall be excess of the Village's insurance and shall not contribute with it. The insurer for the Village shall agree to waive all rights of subrogation against the Park District, its officers, officials, employees, volunteers and agents for losses arising from this Agreement. In addition, the Village shall furnish certificates of the insurance and/or coverage in place as required herein and including a 90 day notice of cancellation or reduction in limits. The policy and/or coverage shall also contain a "contractual liability" clause. 6. This Agreement may not be amended except pursuant to a written instrument signed by both Parties. 7. If any one or more of the provisions of this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, then this entire Agreement shall be null and void. 8. This Agreement is binding upon the successors and assigns of the Parties. 9. The waiver by either party of any breach or violation of any provision of this Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Agreement. 10. Each Party to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform its respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith. 11. This Agreement contains the entire understanding between the Parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. 12. This Agreement creates no rights, title or interest in any person or entity whatsoever (whether under a third party beneficiary thereof or otherwise) other than the Parties. 13. This Agreement may be executed in counterparts. Facsimile signatures shall be sufficient. 2 14. Under no circumstances shall this Agreement be construed as one of agency, partnership, joint venture or employment between the Parties. The Parties shall each be solely responsible for the conduct of their respective officers, employees and agents in connection with the performance of their obligations under this Agreement. 15. Any notice or demand required or permitted hereunder shall be in writing and shall be deemed duly served if mailed by prepaid registered or certified mail, return receipt requested, or personally delivered with evidence of receipt, addressed as follows: To the Village Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Attn: David Niemeyer, Village Manager With a copy to: Mark H. Sterk Odelson & Sterk, Ltd. 3318 West 95th Street Evergreen Park, Illinois 60805 To the Park District: Oak Brook Park District 1450 Forest Gate Road Oak Brook, Illinois 60523 With a copy to: or to such address or such other parties as the parties may from time to time designate by notice as provided herein. Notices shall be deemed effectively given as of the date which is two (2) business days following the date of postmarking by the U.S. Postal Service or as of the date of delivery, if hand or personally delivered. IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and conditions of this Agreement, the duly authorized representatives of the Parties have executed this Agreement as of the effective date. APPROVED this Nat,,day of C)c7- etn 2007. Village of Oak Brook By: Y Village Manager 3 Oak Brook Park District By: Its: 4 PGEOF 0A1,e9 v 0 0 o y G V� 9�F�O U NZ�'` AGENDA ITEM Regular Board of Trustees Meeting of October 23, 2007 SUBJECT: Intergovernmental Agreement with Oak Brook Park District FROM: Mark H. Sterk, Village Attorney/rak BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: I move to approve an intergovermental agreement between the Village of Oak Brook and the Oak Brook Park District. BackLmound/History: The Oak Brook Park District has agreed to administer the Power/Agility Test on November 17, 2007 for the Oak Brook Board of Fire and Police Commissioners (BFPC) as part of their 2007 Entry-Level Police Officer Application Process. In the past, a private contractor has been utilized who administered the test at Willowbrook High School, but it was felt by Village staff and the BFPC that the level of service could be improved as well as the ease of dealing with one entity instead of two. The Park District's fees for testing the applicants are comparable with the private contractor used in 2005. Attached is an explanation of the services the Park District will provide as well as the Intergovernmental Agreement. Recommendation: That the Village Board approve the Intergovernmental Agreement between the Village of Oak Brook and the Oak Brook Park District, for the 2007 Entry-Level Police Officer Power/Agility Test. Try. The Premiere Fitness Club of the Oak Brook Park District (PFC) Services The PFC Staff will conduct the following physical agility tests in behalf of the Oak Brook Police Department. The Park District will provide a written report on each candidate's test results so that the Police Department may utilize the tests in their applicant review process. • Sit-Up Test: Muscular Endurance—the police applicant will assume a reclining position, legs extended and slightly bent arms folded on chest. The applicant will sit up to a full upright position; upper torso of the body will be vertical. The applicant will return to the original reclining position until the shoulder blades touch the floor for completion of one repetition. The score is the number of bent leg sit-ups performed in one minute. • Flex: Flexibility- The sit and reach test measures the range of motion of the lower back and hamstrings. The test involves stretching out to touch the toes and beyond, with extended arms from a sitting position. The PFC will be using our Acuflex I Machine to determine the flexibility score of each police applicant. This machine is more advance than the yardstick method as well as eliminates any human error in measurement. The score is inches reached, with 15 inch mark being at the toe. The PFC staff report will indicate the number of inches reached by the applicant. • Bench: Absolute Strength-One repetition maximum bench press using the Cybex Chest Press Machine or Free Weights with the Flat Bench. The score is a ratio of weight pressed divided by the applicant's body weight. The PFC staff report shall include the weight of the applicant and the weight pressed. • 1.5 Mile Run: Cardiovascular Capacity—the applicant will run the indoor track which one lap equal 1/8 of a mile. The PFC staff report shall include the applicant's score measured in minutes and seconds to complete the 1.5 mile run. The Oak Brook Police Department will evaluate the results and determine the placing of the applicant. The staff of the Premiere Fitness Club will-only coordinate the tests and record the results of the applicant's Physical Agility Tests on the applicant's test sheet, which will then be submitted to the Oak Brook Police Department. Each applicant will also receive the scores from the tests above. Fees The Oak Brook Park District Premiere Fitness Club will provide the facilities, testing materials, equipment and six staff members to conduct the Physical Agility Tests. Based upon this type of service and usage of the Park District's facilities, the following fees will be charged to the Village of Oak Brook Police Department: • 0-25 applicants............................$20 per applicant • 26-50 applicants............................$15 per applicant • 51-100 applicants ........................$10 per applicant +100 applicants............................$8 per applicant Should there be less than 25 applicants, a minimum flat rate of$450 will apply. The Oak Brook Police Department shall notify Joe Nidea, Manager of the Premiere Fitness Club, 48 hours prior to the testing date, if the anticipated number of applicants exceeds the previously quoted 80 applicants so that additional staff can be assigned to the Physical Agility Testing. The notice may be provided by email to Jnidea(?obparks.org or by fax at 630-990-3492 or by written notice delivered by hand to Joe Nidea at the Premiere Fitness Club, Oak Brook Park District, 1450 Forest Gate Road, Oak Brook, IL 60523. The fee for additional staff will be $45 per hour per staff member. Payment A deposit of$200 shall accompany the signed contract. The balance due will be calculated according to the number of applicants tested and invoiced to the Village of Oak Brook upon the completion of the Physical Agility Tests. Invoice payment shall occur within 30 days. Assumption of Risk and Waiver and Release of All Claims The Oak Brook Police Department shall notify the applicants that they assume full risk of any injuries, damages or loss regardless of severity,which may be sustained as a result of participating in the Physical Agility Tests. The Oak Brook Police Department shall include the Oak Brook Park District's Waiver and Release of All Claims and Assumption of Risk form in the applicant packet. The waiver must be signed by each applicant before participating in the Physical Agility Tests. The applicant's signature on the waiver indicates their agreement to waive and release the Oak Brook Park District from any and all losses, claims, suits or judgments or damages that applicant might sustain as a result of any and all activities connected with or associated with the physical agility testing. Deposit Before this Agreement goes into effect,Village of Oak Brook shall deliver to the Oak Brook Park District a deposit of$200 payable to the Oak Brook Park District. Other: During the event of the Physical Agility Testing of the police applicants, the Village of Oak Brook Police Department shall provide staff from their department who will have the responsibilities to identify and authorize applicants to be tested, supervise the testing, and answer questions as they may arise from the police applicants.