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HomeMy WebLinkAboutRes 38-09 07/21/2009 RESOLUTION NO. 38-09 A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF INVERNESS, ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule municipality and pursuant to the Illinois Constitution, Article VII, Section has certain powers which it is exercising; and WHEREAS, Article VII, Section 10 of Illinois Constitution of 1970 and the Intergovernmental Cooperation Act at ILCS 220/1 et.seq. allow and encourage intergovernmental cooperation; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has deemed that the best interests of the Village may be served by entering into intergovernmental agreements; and WHEREAS, the Village of Mount Prospect and the Village of Inverness agree that it would be in the best interests of the Villages and their citizens to permit Inverness to use the Firing Range for target practice by Inverness police officers. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect are hereby authorized to execute the Intergovernmental Agreement which is attached to this Resolution as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: Hoefert, Juracek, Korn, Polit, Zadel NAYS: None ABSENT: Matuszak PASSED and APPROVED this 21st day of July, 2009. A,-~ 5:#iA, ~ K. Wilks Mayor ATTEST: ~7C~<PjC(/ . Usa Angell ' Village Clerk H :\C LKO\WI N\RESOLUTION\Resolution for Intergovernmental Ag reementpolicefiring rangeinvernessju ly2009.doc "INTERGOVERNMENTAL AGREEMENT CONCERNING USE OF THE MOUNT PROSPECT POLICE DEPARTMENT FIRING RANGE BY INVERNESS POLICE OFFICERS THIS AGREEMENT is entered into by and between the VILLAGE OF MOUNT PROSPECT, an Illinois home rule municipal corporation (hereinafter referred to as "Mount Prospect") and the VILLAGE OF INVERNESS, a home rule municipal corporation (hereinafter referred to as the "Inverness") (collectively the "Village's" or individually the "Village"). WIT N E SSE T H: WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units of local government, including municipalities, to contract to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seQ.) authorizes units of local government to exercise jointly with any public agency of the State, including other units of local government and any agency of the State of Illinois or the United States, any power, privilege or authority which may be exercised by a unit of local government individually, and to enter into contracts for the performance of governmental services, activities and undertakings; and WHEREAS, Mount Prospect currently owns and operates a facility for target practicing with firearms, which facility is located at the Mount Prospect Fire Station #12, 1601 West Golf Road, Mount Prospect, Illinois 60056 (the "Firing Rangell); and WHEREAS, the Villages agree that it would be in the best interests of the Villages and their citizens to permit Inverness to use the Firing Range for target practice by Inverness police officers. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants and promises herein contained, the sufficiency of which is acknowledged to be adequate, the VILLAGES agree as follows: Section 1: Purpose: Mount Prospect agrees to allow Inverness to utilize the Firing Range for target practice, so long as such use complies with the terms of this Agreement and does not interfere with Mount Prospect's use of the Firing Range, as determined solely by Mount Prospect. Section 2: Mount Prospect Responsibilities: A. The Range Program Supervisor (the "Mount Prospect Liaison Officer") is hereby designated to act as the primary contact with the individual designated by the Inverness Police Department (the "Inverness Liaison Officer") and shall be 2366691vl 1 responsible for making any necessary arrangements to reserve the Firing Range for Inverness' use. An alternate may be designated upon prior notice to the Inverness Liaison Officer or Police Chief by telephone or email. B. Mount Prospect's Police Chief may adopt such rules and regulations, as he/she deems necessary to assure the safe use and operation of the Firing Range by Inverness and to avoid conflicts between such use and use by the Mount Prospect Police Department. Use by the Mount Prospect Police Department shall at all times have the priority over Inverness' use. Section 3: Inverness Responsibilities: A Inverness shall designate the Inverness Liaison Officer, as described in Section 2. An alternate may similarly be designated as provided therein. B. Inverness shall comply with any and all Firing Range rules or regulations adopted by the Mount Prospect Police Department, a copy of which shall be provided to Inverness upon execution of this Agreement. Inverness shall also comply with any other rules or regulations that the Mount Prospect Police Chief may adopt in regards to such use by Inverness, including the use of the Mount Prospect Police Department facility that houses the Firing Range. C. Inverness shall assure, after each use, the return of the Firing Range to the same condition as it was received. D. Inverness shall be responsible for any costs associated with repairing the Firing Range as a result of damages caused by Inverness police officers, normal wear and tear accepted. E. The Inverness Liaison Officer shall notify the Mount Prospect Liaison Officer In advance to reserve the Firing Range for Inverness police officers. F. Inverness shall assure the safe use of the Firing Range, including the use of firearms, by Inverness police officers, including providing supervisors to monitor such use. G. Inverness shall be responsible for any and all costs associated with its police officers use of the Firing Range, including salaries, benefits, workers compensation, uniforms, ammunition, etc. Section 4: Cost: Inverness' use of the Firing Range shall be at no charge, except to the extent of damages as addressed in Section 3 above. Section 5: Indemnification and Hold Harmless Provision. Inverness agrees to accept the conditions of the Firing Range, including its air quality. To the extent permitted by 2366691vl 2 law, the Village of Inverness agrees to protect, indemnify, save and hold forever harmless the Village of Mount Prospect and/or its officers, appointed and elected officials, Mayor, Trustees, employees and agents from and against all claims, actions and causes of actions of any kind, all liabilities, obligations, damages, judgments and expenses, including, but not limited to any claims, actions and causes of actions for accidents, injuries to or death of persons, workers compensation claims, or loss of or damage to property of any kind, insurance deductibles and attorneys' fees and litigation expenses, that may directly or indirectly arise from or relate to any matter covered by this Agreement, including but not limited to, the use of the Firing Range and handling of firearms by Inverness police officers, that the Village of Mount Prospect and/or its officers, appointed and elected officials, President, Trustees, employees and agents may incur, suffer or sustain, or become obligated for as a result of any act or omission by the Village of Inverness acting pursuant to this Agreement. Section 6: Cooperation. The VILLAG.ES agree to work in good faith to mutually resolve any problems occurring or arising out of the performance of this Agreement. The VILLAGES agree to do all things reasonably necessary or appropriate to carry out the terms, provisions and objectives of this Agreement. Section 7: Term. The term of this Agreement shall be for one (1) calendar year, to commence on the Effective Date of the Agreement. The Agreement shall renew automatically, on the anniversary of the Effective Date, as hereinafter defined, without any further action by any VILLAGE, for successive one (1) year terms, unless terminated. Section 8: Termination: Either VILLAGE may terminate this Agreement for any reason or no reason at all by giving the other VILLAGE at least thirty (30) days advance written notice. The indemnification obligations set forth in Section 5 above shall survive the termination of this Agreement for any causes of action or claims arising out of or relating to acts or omissions of either Party performing under this Agreement while it is in full force and effect. Section 9: Notice. Unless otherwise provided, notice or other writings which any VILLAGE is required to, or may wish to, serve upon any other VILLAGE in connection with this Agreement shall be in writing and shall be delivered personally or sent by (1) messenger delivery, (2) express mail delivered by a courier or (3) registered or certified mail, return receipt requested, postage prepaid. Notices sent by courier or personal delivery shall be deemed given the date of actual receipt by the recipient. Notices sent by express mail or certified or registered mail, postage prepaid, return receipt requested, shall be deemed given on the date of receipt. The addresses and contact information for each VILLAGE are as follows: 2366691vl 3 VILLAGE OF MOUNT PROSPECT Police Chief Mount Prospect Police Department 112 East Northwest Highway Mount Prospect, Illinois 60056 VILLAGE OF INVERNESS Police Chief Inverness Police Department 1415 Baldwin Road Inverness, Illinois 60067 Section 10: Entire Aareement. This Agreement constitutes the entire understanding between the VILLAGES with respect to the subject matter contained herein, and supersedes any and all prior understandings and/or agreements between the VILLAGES, whether written, oral, or otherwise. Any and all representations, agreements, promises and/or understandings not expressly set forth herein are hereby null, void, and of no legal effect. Any amendment to the terms of this Agreement must be in writing and approved by the VILLAGES. Section 11: Severabilitv. The terms, conditions, and provisions of this Agreement shall be severable, and if any term, condition, or provision is found to be unenforceable for any reason whatsoever, the remaining terms, conditions, and provisions shall remain in full force and effect, unless the Agreement can no longer be performed by the VILLAGES. Section 12: Venue and Applicable Law. All questions of interpretation, construction, enforcement and all controversies with respect to the Agreement shall be governed by the applicable constitutional, statutory and common law of the State of Illinois. The VILLAGES agree that for the purpose of any litigation relative to this Agreement and its enforcement, venue shall be in the Circuit Court of Cook County, Illinois and the VILLAGES consent to the in personam jurisdiction of said Court for any such action or proceeding. Section 13: Counterparts. This Agreement may be signed in counterparts, and each of such fully executed counterparts shall be deemed an original of this Agreement. Section 14: Effective Date: The Effective Date of this Agreement shall be the date last signed by MOUNT PROSPECT. SIGNATURE PAGE TO FOLLOW: IN WITNESS WHEREOF, the respective Corporate Authorities of the below-listed municipalities, pursuant to authority granted by the adoption of Resolutions have caused this Agreement to be executed by their respective President/Mayor and attested by their respective Clerk. 236669Ivl 4 Village of Mount Prospect an Illinois municipal corporation B~~~~.4/J~ Irvana K. Wilks, Mayor / By: Ollage Clerk ATTESTi)/~ f~ # Village Clerk c.. H:\CLKO\WIN\agrmts\lntergovernmental Agreement - use of firing range (2)july2009.DOC 2366691vl 5