Resolution 2013-10 Resolution No. 201340.
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
FOR THE PURCHASE, MAINTENANCE AND USE OF A VAN FOR
THE KENDALL COUNTY SPECIAL RESPONSE TEAM
BE IT RESOLVED, by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows :
Section 1. That the Intergovernmental Agreement for the Purchase, Maintenance
and Use of a Van for the Kendall County Special Response Team, attached hereto and
made a part hereof by reference as Exhibit A, is hereby approved, and Gary Golinski,
Mayor, and Beth Warren, City Clerk, be and are hereby authorized to execute said
agreement on behalf of the United City of Yorkville.
Section 2. This Resolution shall be in full force and effect upon its passage and
approval as provided by law.
Passed by the City Coup it of the United City of Yorkville, Kendall County, Illinois this
s day of , 2013 .
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
ROSE ANN SPEARS DIANE TEELING
Ap roved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
5 day of MAY , 2013 .
-Jvla4A
MA
Resolution No. 2013 - 10
Page 1
EXHIBIT A
DmR-494AM4=3
AN INTERGOVERNMENTAL AGREEMENT FOR THE PURCHASE,
MAINTENANCE AND USE OF A VAN FOR THE KENDALL COUNTY SPECIAL
RESPONSE TEAM
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") by and between
the United City of Yorkville ('Yorkville'), the Village of Oswego ("Oswego"), the Village of
Plainfield ("Plainfield"), the Village of Minooka ("Minooka") and the Village of Montgomery
("Montgomery"), all Illinois municipal corporations (the "Municipalities") is as follows:
WITNESSETH:
WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10,
provides that units of local government may contract or otherwise associate among themselves to
obtain or share services and to exercise, combine, or transfer any power or function in any
manner not prohibited by law or by ordinance and may use their credit, revenues, and other
resources to pay costs related to intergovernmental activities; and
WHEREAS, the Municipalities are units of local government within the meaning of
Article VII, Section 1 of the Illinois Constitution of 1970 who are authorized to enter into
intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1
et seq. ; and
WHEREAS, the Municipalities are jointly members of the Kendall County Special
Response Team (SAT), established and governed under the Kendall County Chiefs of Police
Association as a subcommittee of the association, for the purpose of providing a multi-
jurisdictional team to respond to and assist its members with additional policing services that
each member would not be able to otherwise provide by itself; and,
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WHEREAS, the SRT needs a van to be used by the SRT for responding with its member
Municipalities and equipment to assist member Municipalities or as requested by other agencies;
and,
WHEREAS, Oswego has agreed to be the lead agency for the purchase and maintenance
of the SRT van subject to the terms of this Agreement; and,
WHEREAS, the Municipalities have agreed that all costs and expenses of the SRT van
shall be divided among the Municipalities as provided in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein the
Municipalities agree as follows:
1 . The above recitals are incorporated herein by reference as though fully set forth herein.
2. The Municipalities agree to obtain mutual consent for the specifications and equipment of
the SRT van. _
3 . Oswego agrees, upon approval of this Agreement and mutual consent of the
specifications and equipment for the SRT van, to go out to bid with those specifications
and with mutual consent of the Municipalities to award a contract to the lowest
responsible bidder for the purchase of the SRT van.
4. Each Municipality shall be responsible for twenty-five percent (25%) of the purchase
contract amount and for any equipment purchased for the SRT van except Minooka
which shall be responsible only up to a maximum amount of seven thousand dollars
($7,000) for the initial purchase of the SRT van. Payments shall be paid to Oswego upon
receipt and acceptance of the van or equipment within 30 days of receipt of an invoice
from Oswego for such costs.
5 . Each Municipality shall annually be responsible for payment of five hundred dollars
($500) for the annual insurance and maintenance costs. For purposes of accounting, the
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payments shall be made through the budget and funding process of the Kendall County
Association of Chiefs of Police as long as said Association agrees. Should the Kendall
County Association of Chiefs of Police fail or otherwise refuse to provide for this
accounting process, the Municipalities shall develop a mutually agreeable alternative
method for the budget and funding process. Funds not used in that fiscal year shall be
escrowed for future insurance and maintenance costs.
6. The SRT van shall:
A. Only be used for official SRT functions including training, emergency callouts,
demonstrations, and other events as authorized by the SRT Committee.
B. When not in use be stored at the Oswego Police Department or other location as
designated by the SRT Committee.
C. Be maintained by Oswego including but not limited to oil changes, annual services
and other repairs. All maintenance costs shall be reimbursed from the Kendall
County Association of Chiefs of Police budget as provided in Section 5 above.
D. Shall not be taken out of the State of Illinois without the approval of the SRT
Committee.
E. Shall not be used without notification to the SRT Committee, except for normally
scheduled training and emergency callouts.
7. Operation. The SRT Committee shall agree on a set of rules and regulations for the use
and operation of the SRT van. Any use or operation in violation of those rules and
regulations, by an employee, representative or agent of a member Municipality which
results in any damage or cost, not covered by insurance, shall require the responsible
member Municipality to pay for such cost, in full, within 45 days of receipt of an invoice
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from Oswego. Approved operation by the SRT resulting in damage or expense to the van
shall be considered a maintenance cost.
8. Withdrawal of member. If a current Municipality withdraws from the SRT, it shall
provide notice of not less than 60 days to all other member Municipalities. Withdrawal
may only occur at the end of the fiscal year of the Kendall County Association of Chiefs
of Police and the withdrawing Municipality shall pay its share of all maintenance costs
through the end of that fiscal year.
9. Termination. If a majority of the municipal members decide to terminate the SRT or
otherwise decide to sell the van at the end of any fiscal year, the van shall be sold and the
proceeds equally divided among the then existing members.
10. Subject to insurance coverage, any liability, action, claim, judgment or award arising out
of the sole fault or negligence of a member Municipality or its employee, representative,
or agent of a member Municipality, shall be the responsibility of that member
Municipality. In the event of joint or concurrent fault or negligence of member
Municipalities, each shall bear that portion of the loss of expense that its share of the joint
or concurrent negligence bears to the total negligence (including that of third parties),
which caused the injury or damage. The SRT Committee shall determine the
proportional share of fault or negligence. If all members of the SRT Committee cannot
agree as to the proportional share, then the matter shall be resolved by submission to the
circuit court of Kendall County or other mutually agreed upon methodology for settling
the question of apportionment.
This Agreement may be executed in several counterparts that shall be an original and shall
constitute but one and the same Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective
on the day and date last approved by all member Municipalities.
United City of Yorkville, an Illinois
Muni ' al Co or ion
By: GAL
May r
Attest
op
Date: 5'08 - / 3
City Clerk
Village of Oswego, an Illinois
Municipal Corporation
By:
Village Pre ' ent
Attu
XG4 2GlJ /� Date:
Village Clerk
Village of Plainfield, an Illinois
Municipo Corporation
By: G,r,4(1/
V' age President
At st:
� � �� Date:
Village Clerk
Village of Minooka, an Illinois
Municipal Corporation
By:
Village Presi ent
8
Attest:
Date: 13
Village Clerk
Village of Montgomery, an Illinois
Municipal Corporation
By:
Village President
A et
L Date:
Village Clerk
0� MONTGp
� ALIq •'•�r
• o
. cn
. . .,••ova
9
ACKNOWLEDGMENTS
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
1, the undersigned, a Notary Public, in and for the County and State aforesaid, DO
HEREBY CERTIFY that Brian LeClercq, personally known to me to be the Village
President of the Village of Oswego, and Tina Touchette, personally known to me to be
the Village Clerk of said municipal corporation, and personally known to me to be the
same persons whose names are subscribed to the foregoing instrument, appeared before
me this day in person and severally acknowledged that as such Village President and
Village Clerk, they signed and delivered the said instrument and caused the corporate seal
of said municipal corporation to be affixed thereto, pursuant to authority given by the
Village Board of Trustees of said municipal corporation, as their free and voluntary act,
and as the free and voluntary act and deed of said municipal corporation, for the uses and
purposes therein set forth.
GIVEN under my hand and official seal this 8th day of Mayi,2013 .
Notary lic
L CIAL SEAL"a 1Culawiak lic. state of Illinois
si LxP. 11/0 e 3, .
10
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO
HEREBY CERTIFY that e A914 J . COLI! J44 / , personally known
to me to be the M AVo ,2 of the United City of Yorkville,
and BE i i W41elee&{ , personally known to me to be the
C tTy CL&eg/ of said municipal corporation, and personally
known to me to be the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and severally acknowledged that as
such M AYose. and C c -rY CcZ►e e they signed and
delivered the said instrument and caused the corporate seal of said municipal corporation
to be affixed thereto, pursuant to authority given by the C lTV CO uxle c L� of
said municipal corporation, as their free and voluntary act, and as the free and voluntary
act and deed of said municipal corporation, for the uses and purposes therein set forth.
GIVEN under my hand and official seal this 079 day of /0V ,
2013 .
Notary Public
OFFICIAL SEAL
LISA PICKERING
NOTARY PUBLIC - STATE OF U MM
MY COAIAM 9M E>�IRES:im"
11
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO
HEREBY CERTIFY that M I GH6 yj. e 64J •IA1 S personally known
to me to be the l2 FS ► 0 P�N t of the Village of Plainfield, and _
/rl I CK El E. 94tH 19 S , personally known to me to be the 'VW L19 PE
of said municipal corporation, and personally known
to me to be the same persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that as such MIC- Nf!
a LU NS and M i n u ELI?. &1 ( f� 5 they signed and delivered the
said instrument and caused the corporate seal of said municipal corporation to be affixed
thereto, pursuant to authority given by the &5(f or l L.Lw6 ► 5 of said municipal
corporation, as their free and voluntary act, and as the free and voluntary act and deed of
said municipal corporation, for the uses and purposes therein set forth.
sT
GIVEN under my hand and official seal this day of �'y1
20
OFFICIAL JUDITH B1T=SEAL
NOTARY PUBMY COMMIS
Notary Public
12
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO
HEREBY CERTIFY that Pq.-Frt' c k, J P) rz n n o vA personally known
to me to be the l 1 a'�y to e.s , a � `F of the Village of Minooka, and
personally known to me to be the
c� Q � CA &r k of said municipal corporation, and personally known
to me to be the same persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that as such '1)111 a.
P-e'ska &K`� and V1 I la I e., L I -e-r k they signed and delivered the
said instrument and caused the corporate seal of said mu icipal corporation to be affixed
thereto, pursuant to authority given by the o pwcx e - 'rrws ees7of said municipal
corporation, as their free and voluntary act, and as the free and voluntary act and deed of
said municipal corporation, for the uses and purposes therein set forth.
GIVEN under my hand and official seal this 3l2c> day of .7"�
2013 .
otary Public
OFFICIAL SEAL
JOHN D HARRINGTON
Notary Public - state of Illinois
My Commtaelon Expires Sep 4, 2013
13
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO
HEREBY CERTIFY that Ma j :2 Vb /�� cJ , personally known
to me to be the �'e6k/7 t of the Village of Montgomery,
and l d� Dp�r 2GZG(2� , personally known to me to be the
(j of said municipal corporation, and personally
known to i e to be the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and severally acknowledged that as
such �1rwd� hP V4 eis6 /T�and Yi a& clerk they signed and
delivered the said instrument and caused the corporate seal of said municipal corporation
to be affixed thereto, pursuant to authority given by the Dp S ` ��LS of
said municipal corporation, as their free and voluntary act, and as the free and -voluntary
act and deed of said municipal corporation, for the uses and purposes therein set forth .
GIVEN under my hand and official seal this day of
2013 .
]!;'jIAR'( =111HIM 11 ILLINOIS MAMA18l2016
Notary Public
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