R-70-12 Resolution Approving an Intergovernmental Agreement with Lemont Park DistrictResolution No. k-- A 2—
A Resolution Approving an Intergovernmental Agreement with
Lemont Park District
BE IT RESOLVED by the Village President and Board of Trustees of the Village of
Lemont as follows:
SECTION ONE: The Intergovernmental Agreement between Lemont Park District
and the Village of Lemont attached as Exhibit A and incorporated in its entirety, is hereby
approved.
SECTION TWO: The Mayor and /or Village Administrator are authorized to execute
the Intergovernmental Agreement and to make minor changes to the document prior to execution
which do not materially alter the Village's obligations, and to take any other steps necessary to
carry out this resolution.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE,
ILLINOIS on this 26th day of November, 2012.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN
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V
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ATTEST:
aA6a!W-
CHARLENEM.SMOLLEN
Village Clerk
Approving 1GA Lemont Park Disctrict 11 -20 -12
President
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Intergovernmental Agreement
Between the
Lemont Park District
and
the Village of Lemont
for Police Protection on Park District Properties
Contents
Recitalsare Incorporated .................................................. ...............................
Purpose............................................................................. ...............................
Police Protection Defined .................................... ...............................
Police Department Authorized to Enter Park District Property .........
Additional Police Protection _ _ __ _ _ _ _ _ _ _ _ _
Territory and Laws Enforced ........................... ...............................
SupervisionOf Police ...................................... ...............................
WorkingRules ..................................................... ...............................
Court Appearances/ Fines / Costs ......... :................................................
Indemnification................................................ ...............................
Modification.................................................... ...............................
Validity............................................................ ...............................
Termof Agreement ......................................... ...............................
Other Documentation ..............
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THIS AGREEMENT, made and entered into this day of , 2012,
by and between the Village of Lemont, a municipal corporation located in Cook, DuPage and
Will Counties, Illinois, hereinafter referred to as the "Village ", and the Lemont Park District, an
Illinois Park District located in Cook, DuPage and Will Counties, Illinois, hereinafter referred to
as the "Park District ".
WHEREAS, the Park District's Corporate boundaries include within its territory
property located in the Village, and to a lesser extent other surrounding territory; and
WHEREAS, the Village and the Park District share a common interest in protecting and
preserving the peace and dignity of the general citizenry within their boundaries; and
WHEREAS, the Police Department of the Village has demonstrated competence,
integrity and ability in law enforcement and maintaining order; and
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WHEREAS, the Village and Park District have determined that it would be beneficial to
the public health, welfare and safety for the Police Department of the Village to not only provide
police protection within and upon all of the parks and property controlled by the Park District
within the corporate boundaries of the Village, but to have the authority to enter Park District
property for such purposes and to enforce Park District ordinances; and
WHEREAS, the Constitution of the State of Illinois of 1970 at Article VII, Section 10,
the Illinois Compiled Statutes at 5 ILCS 220/1 et seq., 65 ILCS 5/11 -1 -2.1 and 70 ILCS 1205/1-
1, et seq. authorize intergovernmental cooperation and agreement between the Village and the
Park District; and
WHEREAS, it is in the best interest and general benefit of the citizenry of the Park
District and the Village that the Park District and Village enter into an agreement for the
enforcement of laws and ordinances on property and in facilities owned and maintained by the
Park District located within said Village with the intention of the parties to exercise to the fullest
extent permitted by law the authority granted to them under those provisions;
NOW, THEREFORE, it is mutually agreed by the Village and the Park District as
follows:
1. Recitals are Incorporated
The above recitals are hereby incorporated into this agreement.
2. Purpose
The purpose of this agreement is to provide the most efficient Police Protection and
police services to Park District controlled property located in the Village.
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3. Police Protection Defined
For all purposes of this agreement, the term "Police Protection" shall include by way of
example, but not limitation: entry onto Park District controlled lands and facilities; enforcement
of Park District ordinances, Village ordinances, state statutes and applicable federal law; routine
or periodic surveillance; police patrol; inspection; general safeguarding of the parks, park patrons
and the facilities and equipment located in the various parks or facilities controlled by the Park
District; to make arrests upon view of the offense, reliable report of witnesses or upon warrants
for violation of any applicable law.
4. Police Department Authorized to Enter Park District Property
Members of the Village Police Department are hereby authorized to enter Park District
lands and facilities for purposes of providing Police Protection.
5. Additional Police Protection
The Village shall use its best efforts to provide additional Police Protection and services
for special events occurring at Park District lands or facilities. The costs for said additional
Police Protection shall be paid by the Park District on an as agreed basis for each function. The
Village Administrator or his designee is hereby authorized to determine the charge, or to waive
any charges, for such additional Police Protection.
All requests by the Park District for additional Police Protection shall be made directly to
the Chief of Police or the subordinate designated by the Chief of Police. Such requests shall be
made by the Director of the Park District or a subordinate so designated by the Director of the
Park District.
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6. Territory and Laws Enforced
This agreement shall apply to all Park District owned or controlled properties and
facilities within the corporate limits of the Village. It is understood between the parties that the
Village's Police Department shall enforce Village Ordinances, Park District ordinances, state
statutes, or the applicable laws of the United States.
7. Supervision of Police
The Village's Police Officers shall at all times be subject only to the direction and control
of the Chief of Police of the Village in the discharge of their normally assigned duties as Police
Officers and shall not respond to orders or directions from any Park District officer or employee.
The Park District hereby agrees and authorizes the Lemont Police Department to enter
upon the premises and facilities controlled by the Park District for the purpose of providing
police protection.
8. Working Rules
The Village and Park District mutually agree that the Chief of Police of the Village and
the Director of Parks and Recreation of the Park District shall jointly establish rules and
guidelines, not inconsistent with law or this agreement, for the initial implementation of this
agreement, and for the ongoing enforcement of the provisions set forth herein.
It is understood and agreed that the Village shall have appropriate procedures in place to
allow police officers to respond as promptly as practicable to calls for police services at Park
District lands or facilities.
9. Court Appearances /Fines /Costs
All citations written pursuant to this agreement shall be adjudicated on a regularly
scheduled Lemont court call as directed by the Chief Judge of the Fifth Municipal District,
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Circuit Court of Cook County or at the Village of Lemont Adjudication hearings as allowed by
law. The Park District agrees that all fines collected pursuant to such citations shall be paid to
the Village. The Village and Park District agree to execute any and all necessary documents and
take all necessary steps to see that the office of Clerk of the Circuit Court, the applicable Judicial
Circuit, pays all such fine monies to the Village.
It is also agreed that all monies paid as reimbursement for damage to Park District
I roperty will be paid to the Park District. In the event the Village collects such monies, it shall
regularly forward same to the Park District.
10. Indemnification
The Park District shall indemnify and hold harmless the Village, its officers, employees,
volunteers, and agents against any claims, demands, costs and expenses, including attorneys'
fees for the defense thereof, arising from or in connection with this Agreement and /or the use of
the Village's personnel pursuant to this Agreement or when caused by an act or omission on the
part of the Park District or its officers, employees, volunteers and agents. The parties agree that
this provision shall not apply to those claims resulting from the Village personnel's own willful
misconduct.
11. Modification
This Agreement may be modified or amended by mutual consent and must be done so in
writing executed in the same manner as this initial Agreement.
12. Validity
If any provision or provisions of this Agreement or the application of any provisions to
any person or circumstance is held invalid, the invalidity of that provision or circumstance shall
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not affect the other provisions of this Agreement, which other provisions shall remain in full
force and effect.
13. Term of Agreement
This Agreement shall continue in full force and effect until terminated by either the
Village or Park District upon ninety (90) days prior written notice to the other party. Notices
shall be by certified or registered mail, return receipt requested, marked postage prepaid to the
principal office of the other party.
14. Other Documentation
The Village and Park District shall take such other steps and execute such other
documents as shall be necessary or advisable to accomplish the intent of this Agreement.
IN WITNESS WHEREOF, the Village of Lemont and the Lemont Park District, by
their duly authorized officers, have executed this Agreement effective on the date first above
written.
VILLA LE T
B
r
Attest:
6 711,
Village Clerk
Co
LEMONT PARK DISTRICT
By:
President
Attest:
Secretary