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HomeMy WebLinkAbout056-R-22 Authorizing the City Manager to Execute an Intergovernmental Agreement for the Use and Maintenance of Personal Equipment Between the Village of Palatine and the City of Evanston07/25/2022 56-R-22 A RESOLUTION Authorizing the City Manager to Execute an Intergovernmental Agreement for the Use and Maintenance of Personal Equipment Between the Village of Palatine and the City of Evanston WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, Section 3 of the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/3, permits any powers, privileges, functions, or authority exercised or which may be exercised by a unit of local government to be exercised, combined, transferred or enjoyed jointly with any other unit of local government; and WHEREAS, the City of Evanston ("City"), and the Village of Palatine ("Village") desire to enter into the attached Intergovernmental Agreement to facilitate the sharing of two of the City of Evanston's motorcycles ("the motorcycles"), to be used by the Palatine Police Department; and WHEREAS, the Village desires to borrow the motorcycles from the City and for a two -week training class for the Palatine Police Department taking place from August 8 through August 19, 2022; and WHEREAS, the Parties desire to enter into the Agreement to govern the use, operation, and maintenance of the motorcycles while the motorcycles are on loan from Evanston; and 1-r Page1 of Doc ID: 31304e2a90130bbf44c944116b21cdc6673c4111 56-R-22 WHEREAS, the Parties by virtue of their powers as set forth in the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq. are authorized to enter into this Agreement; and WHEREAS, the Evanston City Council has determined that it will serve and be in the best interest of the City to enter into the Agreement with the Parties; NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Council hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: The City Council hereby approves, pursuant to the City of Evanston's home rule power, the Agreement in the form attached to this Resolution as Exhibit A. SECTION 3: The City Manager is hereby authorized to sign the "Intergovernmental Agreement for the Use and Maintenance of Personal Equipment Between the Village of Palatine and the City of Evanston", attached hereto as Exhibit A and incorporated herein by reference. SECTION 4: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. —2— Page 2 of Doc ID: 31304e2a90130bbf44c944116b21cdc6673c4111 56-R-22 Attest: Stephanie Mendoza, City Clerk Adopted: July 25 , 2022 -3- hanzd 8z;,s,s Daniel Biss, Mayor Approved as to form: q— Derke Price, Interim Corporation Counsel Page 3 of 9 Doc ID: 31304e2a90130bbf44c944116b21cdc6673c4111 56-R-22 EXHIBIT A INTERGOVERNMENTAL AGREEMENT Page 4 of 9 Doc ID: 31304e2a90130bbf44c944116b21cdc6673c4111 INTERGOVERNMENTAL AGREEMENT FOR THE USE AND MAINTENANCE OF TWO MOTORCYCLES BETWEEN THE VILLAGE OF PALATINE AND THE CITY OF EVANSTON This Intergovernmental Agreement (hereinafter referred to as the "Agreement") is entered into this day of , 2022, by and between the Village of Palatine, an Illinois home rule municipal corporation ("Palatine") and the City of Evanston, an Illinois home rule municipal corporation ("Evanston") (Palatine and Evanston are each a "Party", and collectively "Parties"). WITNESSETH: WHEREAS, Section 10 of Article VII of the Illinois Constitution of 1970 authorizes units of local government, such as Palatine and Evanston, to contract or otherwise associate amongst themselves in any manner not otherwise prohibited by law or by ordinance; and WHEREAS, Section 3 of the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/3, permits any powers, privileges, functions or authority exercised or which may be exercised by a unit of local government to be exercised, combined, transferred or enjoyed jointly with any other unit of local government; and WHEREAS, the City of Evanston ("Evanston") is the owner of Harley Davidson motorcycles for use by its Police Department; and WHEREAS, the Palatine Police Department has requested the use of two of Evanston's motorcycles ("the motorcycles") for a two -week training class taking place from August 8 through August 19, 2022; and WHEREAS, the Parties desire to enter into the Agreement to govern the use, operation, and maintenance of the motorcycles while the motorcycles are on loan from Evanston; and WHEREAS, the Parties by virtue of their powers as set forth in the Illinois Municipal Code, 65 ILC S 511-1-1 et seq. are authorized to enter into this Agreement; and NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants and provisions in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. Incorporation. The preambles set forth above are incorporated and are part of this Agreement. 2. Use of Vessel. Palatine shall use the motorcycles only for: (i) training; (ii) maintenance of the motorcycles; and (iii) other uses agreed to by the Parties. In addition to the terms of this Agreement, the Parties shall use the motorcycles in strict accordance with standard operating procedures agreed to by the Parties, which standard operating procedures shall be agreed to prior to any use of the motorcycles. Page 5 of Doc ID: 31304e2a90130bbf44c944116b21cdc6673c4111 3. Term. This Agreement shall be in full force and effect from the Effective Date, which shall be the last date on which Palatine or Evanston executes this Agreement. Unless otherwise provided in this Agreement, the obligations and terms of this Agreement shall continue in effect until the return of the motorcycles to the City. 4. Use of Motorcvcles. a. Trainina of Personnel: Palatine shall: train sufficient personnel to use the motorcycles to respond and operate the motorcycles. Palatine shall bear its own costs for such training. b. Operation in Accordance with Law: Palatine shall operate the motorcycles at all times in accordance with all applicable federal, State, and local laws, statutes, regulations, and ordinances. c. Operation in Accordance with Aareement: Palatine shall operate the motorcycles at all times in accordance with the terms of this Agreement. 5. Maintenance and Fuel. a. Storage of Motorcvcles: When not in operation, the motorcycles shall be stored in a safe and secure location. Palatine shall be responsible for properly and safely storing the motorcycles after each use, cleaning the motorcycles and properly storing the motorcycles and all relevant accessory equipment so that they are secure, safe, and ready for use. b. Maintenance of Motorcvcles: Palatine shall be responsible for coordinating all necessary maintenance and repairs of the motorcycles. No maintenance or repairs shall be made to the motorcycles that cost more than $1,500,00 without the prior written approval of all of the Parties. c. Fuel: Palatine shall be responsible for keeping the motorcycles sufficiently fueled so that the motorcycles are returned with the same fuel level upon picking up the motorcycles. d. Costs: Palatine shall be solely responsible for all costs for maintaining, repairing, storing, and fueling the motorcycles during the term of this Agreement. 6. Insurance. Palatine shall procure and maintain as long as this Agreement is in effect an insurance policy in a form and from an insurance provider agreed to by the Parties, provided that the insurance policy shall cover the operation of the motorcycles by Palatine and, at a minimum, cover the replacement cost of the motorcycles and have repair cost endorsements. The costs to procure and maintain such insurance shall be solely be the responsibility of Palatine. 2 Page 6 of Doc ID: 31304e2a90130bbf44c944116b21cdc6673c4111 7. Indemnification. Palatine shall defend, indemnify, and hold harmless Evanston and Evanston's officials, officers, employees, agents, and representatives from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, and costs of suit or defense, arising out of, resulting from, or alleged to arise out of or resulting from the negligent, careless, or wrongful acts, omissions, failures to act, or misconduct of the Palatine, and their officers, employees, and agents, in connection with their performance under this Agreement. Palatine will appear and defend all suits brought upon all such claims, demands, actions and proceedings and shall pay all costs and expenses incidental thereto, but Evanston will have the right, at its sole option and expense, to participate in the defense of any suit, without relieving Palatine of any of its obligations thereunder. 8. Non -Binding. Nothing contained in this Agreement, nor any act of any of the respective Parties pursuant to this Agreement, shall be deemed or construed by any of the Parties hereto or by third persons, to create any relationship of third party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving any of those Parties. 9. Counterparts. This Agreement may be executed in counterparts, all of which shall be deemed to be an original and all of which shall constitute one and the same instrument. 10. Amendments. This Agreement may only be modified by written modification executed by duly authorized representatives of the Parties hereto. 11. Assignment. This Agreement and the rights of the Parties hereunder may not be assigned (except by operation of law) and the terms and conditions of this Agreements shall inure to the benefit of and be binding upon the respective successors and assigns of the units of government as the Parties hereto. 12. Governing Law and Venue. The laws, cases and statutes of the State of Illinois shall govern the validity, performance and enforcement of this Agreement. Any court proceedings between the Parties related to this Agreement or the subject matters herein shall be brought in Cook County, Illinois. 13. Notice. All written reports, notices and other communications related to, this Agreement shall be in writing and shall be personally delivered, mailed via certified mail, overnight mail delivery, or electronic mail delivery to the following persons at the following addresses: To the Village of Palatine: To the City of Evanston: The Village of Palatine 200 E. Wood Street Palatine, IL 60067 Attn: Email: The City of Evanston Page 7 of 9 Doc ID: 31304e2a90130bbf44c944116b21cdc6673c4111 2100 Ridge Avenue Evanston, IL 60201 Attn: Nicholas Cummings, Corporation Counsel Email: ncummings@cityofevanston.org 14. Severability. If any provision, clause or term of this Agreement is determined to be invalid or unenforceable, such provision shall, to the extent possible, be modified by the court in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the Parties, and, if such modification is not possible, such provision shall be severed from this Agreement, and in either case the validity, the legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. 15. Headings. The headings of the paragraphs of this Agreement are for convenience and reference only and do not form a part hereof and do not modify, interpret or construe the understandings of the Parties hereto. 16. Waiver. No waiver by either Party of any breach of any term or condition hereon shall be deemed a waiver of the same or any subsequent breach of the same or any other term or condition herein. No term or condition of this Agreement shall be deemed waived by either Party unless waived in writing. 17. Entire Agreement. This Agreement supersedes all other prior agreements, negotiations and representations and is a full integration of the agreement of the Parties regarding the subject matters of this Agreement. 18. Default and Breach. In the event of any breach of or default under this Agreement, the Parties shall give prompt written notice of such alleged breach or default and the Party receive such notice shall have thirty (30) days after receipt of such notice to cure such alleged breach or default, prior to the seeking of any remedy provided for herein, provided however, that said thirty (30) day period shall be reasonably extended if the defaulting Party has initiated the cure of said breach of default and is diligently proceeding therewith. 19. No Third-Partv Beneficiaries. This Agreement and the covenants contained herein are made solely for the benefits of the Parties, and their respective successors, assigns, affiliates and representatives and no other person shall be entitled to any rights hereunder. 20. Authorization. The Village of Palatine and the City of Evanston each hereby warrant and represent that their respective signatures set forth below have been, and are on the date of this Agreement, duly authorized by all necessary and appropriate corporate and/or governmental action to execute this Agreement. IN WITNESS THEREOF, the Parties have executed this Agreement on the dates indicated. M Doc ID: 31304e2a90130bbf44c944116b21cdc6673c4111 Page 8 of 9 VILLAGE OF PALATINE Attest: Date: 711 THE CITY OF EVANSTON By: Attest: City Mayor Date: Date: Page 9 of Doc ID: 31304e2a90130bbf44c944116b21cdc6673c4111