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R-11-03VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS RESOLUTION NO. R -11 -03 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR UTILIZATION OF THE LAKE COUNTY SHERIFF'S SHOOTING RANGE WHEREAS, the Sheriff of Lake County, Illinois ( "Sheriff') operates an outdoor shooting range, and selected Sheriff employees are qualified as range officers for the purpose of administering and teaching small arms weapons training and safety; and, WHEREAS, the Chief of Police of the Deerfield Police Department has recommended that the Village of Deerfield enter into the "Intergovernmental Agreement for Utilization of the Lake County Sheriff's Shooting Range" (the "Agreement "), a copy of which is attached hereto and made a part of this Resolution; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the public health, safety, and welfare of the Village of Deerfield will be served by entering into the Agreement for the utilization of the Sheriff's outdoor shooting range by officers of the Deerfield Police Department, including Sheriff's administration of the range, training and supervision; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the President and Board of Trustees of the Village of Deerfield do hereby authorize and approve the "Intergovernmental Agreement for Utilization of the Lake County Sheriff's Shooting Range" (the "Agreement "), a copy of which is attached hereto and made a part of this Resolution, for the utilization of the Sheriff's outdoor shooting range, including administration of the range, training and supervision. SECTION 2: That the President and Village Clerk of the Village of Deerfield be and they are hereby authorized and directed to respectively execute and attest the Agreement for and on behalf of the Village of Deerfield. SECTION 3: That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED this 7th day of February , 2011. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 7th day of February , 2011. ATTEST: Village Clerk -2- Village Pre Went INTERGOVERNMENTAL AGREEMENT FOR UTILIZATION OF THE LAKE COUNTY SHERIFF'S SHOOTING RANGE This Agreement by and between the County of Lake, a body politic and corporate, hereinafter referred to as the "COUNTY ", the Sheriff of Lake County, hereinafter referred to as the "SHERIFF ", and the Village of Deerf ield municipal corporation, hereinafter referred to as the "CONTRACTOR." WHEREAS, the COUNTY owns and the SHERIFF operates an outdoor shooting range and selected SHERIFF employees are qualified as range officers for the purpose of administering and teaching small arms weapons training and safety; and WHEREAS, the CONTRACTOR is desirous of contracting with the COUNTY and the SHERIFF to utilize the shooting range and its facilities and equipment for training purposes; and, WHEREAS, the COUNTY, SHERIFF and CONTRACTOR are authorized by state statute to enter into intergovernmental agreements, ventures and undertakings, to perform jointly any governmental purpose, or undertaking, either of them could do singularly. NOW, THEREFORE, in consideration of the foregoing and the covenants contained herein, the parties hereby agree that CONTRACTOR shall be allowed to utilize the shooting range subject to the following terms and conditions: The SHERIFF, or the CONTRACTOR with prior written approval of the SHERIFF, shall provide a Certified Range Officer, certified by the Illinois Law Enforcement Training Standards Board, to be present during any and all training sessions. The Certified Range Officer shall have the express right and authority to control and direct all operations of the shooting range at all times. 2. The shooting range shall be operated in accordance with the Lake County Sheriffs Firearms Training Facility Standard Operating Procedures (S.O.P.) attached hereto as Exhibit "A" and incorporated herein. No person shall be allowed to use, train or shoot on the shooting range until that person has first read the S.O.P. and by signature agreed to abide by the S.O.P. The Certified Range Officer shall orient all persons who desire to use, train or shoot at the shooting range as to: a. Safety Rules and Regulations; b. General Range Information; c. Facilities and Equipment; and d. Rules of Conduct. 4. The SHERIFF or his designee shall be the contact person for receiving queries, complaints, and commendations for services provided under this Agreement. In the event of a dispute between the parties as to the extent of service, or performance pertaining to the operation of this Agreement, the determination of the SHERIFF shall be final and conclusive. 5. The days and times of shooting range operation and the scheduling of training and related activities at the shooting range shall be determined by the SHERIFF. No shooting shall be permitted on Sundays. 6. 'The SHERIFF shall bill the CONTRACTOR monthly for use of the shooting range in accordance with the rates cited herein. The CONTRACTOR shall pay within forty -five days of receipt of billing. Failure of the SHERIFF to bill.in a timely manner shall not effect a waiver of CONTRACTOR'S obligation to pay. a. The CONTRACTOR shall pay to the COUNTY $75.00 per hour for use of the shooting range when the CONTRACTOR utilizes a Certified Range Officer not in the employ of the SHERIFF. b. The CONTRACTOR shall pay to the COUNTY $90.00 per hour for use of the shooting range when the CONTRACTOR utilizes a Certified Range Officer in the employ of the SHERIFF. The billing rates cited above shall be subject to annual review and adjustment based on the cost of operating the shooting range. The CONTRACTOR shall provide its own weapons, ammunition, ear protection, eye protection, body armor and cleaning equipment. 8. The CONTRACTOR shall pay for and/or replace any property or equipment damaged while utilizing the shooting range. 9. The CONTRACTOR agrees to indemnify, and save harmless and defend the COUNTY and SHERIFF, its officers, agents, and employees against all liability of any kind whatsoever resulting from the acts or conduct of the CONTRACTOR, it's agents or representatives or employees in the performance of this agreement or in furtherance thereof. 10. Insurance Requirements: a. The CONTRACTOR shall annually provide to the COUNTY certificates of insurance detailing the actual coverages in force and effect during the term of this agreement. All Certificates of Insurance must be accompanied by a separate endorsement which designates as an additional insured the "Sheriff and its officers, agents, and employees; Lake County and its officers, agents, and employees ". This endorsement must be signed by an officer of the Insurance Company issuing the policy or by an authorized, representative agent of that Insurance Company. The additional insured endorsement shall be provided under ISO (Insurance Services Office) additional insured endorsement CG 20 26 11 85 or it equivalent. b. Limits of Liability Commercial General Liability General Aggregate $2,000,000 Each Occurrence $1,000,000 Workers Compensation & Employers Liability Statutory Limits Statutory Limits Disease- Policy Limit $2,000,000 Disease -Each Employee $1,000,000 Automobile Liability Combined Single Limit $2,000,000 Bodily Injury (per accident) $2,000,000 Bodily Injury (per person) $1,000,000 The Certificate will certify that insurance policies required shall contain a provision that coverages afforded under the policies will not be cancelled or non - renewed until the required written notice has been given to the COUNTY and SHERIFF. A mere intent to notify the COUNTY and SHERIFF is not acceptable. Any acceptance of insurance certificates by the COUNTY and SHERIFF shall in no way limit or relieve the CONTRACTOR of the duties and responsibilities assumed by the CONTRACTOR. e. Acceptance of insurance certificates not in compliance with the provisions of these requirements by the COUNTY or SHERIFF shall not effect a waiver of these requirements. f. If the CONTRACTOR is self- insured, the CONTRACTOR shall provide, through qualified legal counsel, a provision to be inserted that indicates the protection afforded the COUNTY and SHERIFF will be equivalent of the insurance protection required in the above requirements. The COUNTY and SHERIFF are not obliged to accept self- insurance by the CONTRACTOR in lieu of any of all of the insurance policies or coverages delineated above. g. Certificates of Insurance shall be sent to the Training Division; Lake County Sheriffs Office; 25 S. Utica Street; Waukegan, IL 60085. The initial certificate of insurance shall accompany the executed copy of this Agreement. 11. The term of this Agreement shall be for a period of three years, provided however, that either party shall have an absolute right to terminate this Agreement upon thirty (30) days written notice to the other. 12. The CONTRACTOR may accept the terms and conditions of this Agreement only by Resolution or Ordinance duly adopted by its legally recognized governing body or board. 13. The foregoing constitutes the entire Agreement between the parties. 14. This Agreement may be amended by mutual written agreement, signed and executed with the same formality with which this instrument was executed: 4 IN WITNESS WHEREOF, the County of Lake by a Resolution duly adopted by the County Board of Lake County causes this Agreement to be signed by its Chairman and Sheriff and attested to by its Clerk, and the CONTRACTOR by order of its Board has caused this Agreement to be executed and attested by the appropriate officials, all on the day and year hereafter written. Date: By: Attest Willard R. Helander Lake County Clerk COUNTY OF LAKE Suzi Schmidt, Chairman Lake County Board Mark C. Curran Lake County Sheriff CONTRACTOR: Date:_ 2 By: Title:—,� v ar Attest: 4��v Municip I Clerk: Date: April 17, 2001 INTERGOVERNMENTAL AGREEMENT Rider The Village of Deerfield a municipal corporation /County of Lake and the Sheriff of Lake County This Rider is herewith attached to and made part of the I ntergovem mental Agreement for Utilization of the Lake County Sheriffs Shooting Range, hereinafter referred to as "SHOOTING RANGE," which was entered into on April 17, 2001, by and between the County of Lake, a body politic and corporate, hereinafter referred to as the "COUNTY," the Sheriff of Lake County, hereinafter referred to as the "SHERIFF," and the Village of Deerfield a municipal corporation, hereinafter referred to as the "CONTRACTOR ". The COUNTY, SHERIFF, and CONTRACTOR agree as follows: Pursuant to Paragraph 6c of the above mentioned Intergovernmental Agreement signed by both parties, the billing rates for the SHOOTING RANGE are subject to annual review and adjustment based on the cost of operating said SHOOTING RANGE. The COUNTY and the SHERIFF have determined through an annual review completed in December 2000 that an increase inn the billing rates cited in the aforementioned Intergovernmental Agreement is necessary. 3. The new billing rates for the SHOOTING RANGE are as follows: a. The CONTRACTOR shall pay to the COUNTY $75.00 per hour for use of the SHOOTING RANGE when the CONTRACTOR utilizes a Certified Range Officer not in the employ of the SHERIFF. There will be no additional charge assessed for specialized equipment such as decision making course of fire or use of steel reactive targets. b. The CONTRACTOR shall pay to the COUNTY $90.00 per hour for use of the SHOOTING RANGE when the CONTRACTOR utilizes a Certified Range Officer in the employ of the SHERIFF. There will be no additional charge assessed for specialized equipment such as decision snaking course of fire or use of steel reactive targets, c. The billing rates cited above shall be subject to annual review and adjustment based on the cost of operating the shooting range. 4. This Rider is not valid and binding unless and until each is signed by both parties. Any changes or modification to the Intergovernmental Agreement or the Rider must be in writing and signed by both parties. In the event of any conflict between the Intergovernmental Agreement and the Rider, the provisions of the Rider will control. rel EXHIBIT "A" LAKE COUNTY SHERIFF'S FIREARMS TRAINING FACILITY STANDARD OPERATING PROCEDURES SAFETY RULES AND REGULATIONS /GENERAL RANGE INFORMATION The Objective of the Lake County Sheriffs Firearms Training Facility is to develop law enforcement officers /students into safe and competent gun handlers. It is the officer's /student's responsibility to conduct themselves in a mature manner and use common sense in the safe handling procedures with all duty related weapons and/or equipment. The following range rules and firearms safety standards will be adhered to by everyone engaged in firearms training while at the facility; an item not clearly understood should be brought to the attention of an instructor for further explanation. Infractions of, or disregard for, firearms safety will be dealt with promptly and firmly by firearms staff personnel. Your signature for the Firearm Training Facility Standard Operating Procedures, signifies that you have received, read, and understand these rules and regulations. PART I SAFETY RULES AND REGULATIONS 1. Each time a weapon is picked up for any purpose, point the weapon in safe direction, open the action and make a VISUAL and PHYSICAL inspection to insure that it is unloaded. Never trust your memory, and consider every weapon as loaded until you have personally proven otherwise. Never turn in or accept a weapon unless the cylinder or action is open. 2. Do not leave a loaded weapon unattended. Unholstered weapons will have cylinders or actions open at all times when not being fired. Shotguns will have the action bar to the rear, port side up, and rifles will have the bolt locked to the rear, ejection port up, with safeties in the safe position. SPECIAL WEAPONS 3. 4 5 A 7. EXHIBIT "A" a. Semi - Automatic - When not holstered a semi - automatic will be carried with the MAGAZINE REMOVED. THE SLIDE LOCKED TO THE REAR, the muzzle pointed down, with the strong hand holding it by the grip. b. Revolver - when not holstered, the CYLINDER will be in the OPEN POSITION with the strong hand holding it by the grip. c. Shotgun - When transporting a shotgun, the weapon will be carried in a port arms position, muzzle up, with the ACTION OPEN and the SAFETY ON. d. Rifle - When transporting a Rifle the magazine will be removed, the BOLT LOCKED OPEN with the SAFETY ON. The weapon will be carried in a port arms position, muzzle up. e. UZI - When transporting the Uzi, the MAGAZINE will be removed, the BOLT CLOSED and the SAFETY ON. f. MP -5 - when transporting the MP -5, the MAGAZINE will be removed, the BOLT LOCKED OPEN with the SAFETY ON. The weapon will be carried in a port arms position, muzzle up. Do not place your fingers within the trigger guard until you are pointing the weapon at the target. This is especially important WHEN DRAWING THE WEAPON FROM THE HOLSTER. Do not load until the command is given. NEVER anticipate a command. The muzzles of all weapons will be pointed downrange at all times when not holstered, and at no time will point over the top of the impact berms while shooters are on the firing line. Do not handle a weapon on the firing line while there is someone down range. Dry firing is allowed only on the firing line under the supervision of an instructor. No conversations are allowed between students while on the firing line during a course of instruction or firing drill. 8. If you drop a weapon accidentally, report this fact to an instructor who will immediately inspect the weapon to insure that it can function. DO NOT PICK IT UP but let it lie and notify an instructor. EXHIBIT "A" 9. The action of all weapons will be open when being carried to and from the firing line and while in the classroom (or the weapon will be holstered /cased). 10. Never bend over to retrieve dropped ammunition /magazines during loading or unloading procedures. You will be permitted to do so after the line has been declared safe. You will then be instructed when to pick up speed loaders, loading strips, magazines or other dropped equipment. 11. Holstered weapons will be secured with holsters snapped at all times except while in the process of drawing a weapon. 12. Do not SMOKE, EAT or DRINK on the firing line. 13. Do not remove any live ammunition from the range. All unfired rounds will be returned to an instructor after the day's firing has been completed, with the exception of that ammunition which has been issued for duty use. 14. Anytime you observe an unsafe act which endangers someone, you have the responsibility to call a "CEASE FIRE ", and report the incident to an instructor. 15. Any injury sustained during firearms training, regardless of how minor it may seem, will be reported to an instructor immediately to assure that proper paperwork regarding the injury is documented. 16. For your protection, it is MANDATORY that all students wear EYE PROTECTION, EAR PROTECTION and BODYARMOR while engaged in live fire on the range. 17. When you are instructed to step up to the firing line remain there unless told to do otherwise. 18. Do not turn around on the firing line or look behind you. PART IIGENERAL RANGE INFORMATION Staple guns should always be handled carefully and should not be thrown on the ground as this causes damage to the gun requiring replacement. Do not put yourhands behind the target backing when stapling targets. 2. Complete First- Aid/Trauma kits are available at the range. 3. All shooters are responsible for policing brass after completing the training /firing exercise. Brass buckets will be provided on the range. Range clean up and policing of brass should only be done when directed to do so by an instructor. WEAPONS Prior to being used on the firing line, or for any exercise, all weapons will be inspected by a designated range instructor. 2. All weapons are expected to be clean and in proper working condition prior to being used on the firing line or for any exercise. 3. All support equipment will be inspected and will be in proper working condition prior to being used on the firing line or for any exercise. 4. It is the responsibility of each individual to provide their own cleaning equipment for the purposes of cleaning their respective weapons at the completion of the training exercise. 5. It is the responsibility of each individual to provide proper clothing according to weather conditions on the day the training is taking place. FACILITIES AND EQUIPMENT 1. All shooters /students and visitors are asked to park their vehicles in the designated parking lot. 10 2. All shooters /students and visitors must check in with a designated range instructor and sign the daily range log. Observers are only allowed in designated areas on the range and must wear eye protection and ear protection. 3. Telephones are provided for official calls only. 4. Restrooms are provided. Please advise an instructor if restrooms are not in order. 5. Smoking, eating and drinking are permitted in designated areas only. Push chairs under table when leaving classroom. Do not leave paper, trash or personal belongings on the tables when leaving classroom. Range equipment is not to be abused. Do not step on target turners or target frames. Paper targets should be secured so that the wind will not blow them about the range. Any broken equipment should be reported to an instructor immediately. Live ammunition /loaded weapons are not to be taken into the classroom. Clearing barrels located inside the main gate are to be used to clear all weapons prior to entering the classroom and reporting to a range instructor. 8. Only factory loaded ammunition will be allowed during any training exercise for all makes, models and calibers of those weapons that are being utilized. Reloaded, outdated or old ammunition is PROHIBITED. All weapons that are currently being utilized by law enforcement agencies are allowed for use on the firearms training facility. Any exotic type weapons /calibers must be approved by the Senior Range Officer or Director of Training for the Lake County Sheriffs Police, prior to being used on the training facility. Ally tear gas, O.C. gas, or smoke grenades must also be approved prior to being used on the training facility. 10. All weapons being utilized for any training exercise MUST BE LOGGED in by make, model, serial number and caliber on the daily log in sheet. RULES OF CONDUCT No use or possession of alcohol or drugs is permitted either on the site or prior to entry thereto. 2. No unsafe acts or horseplay are permitted at any time. Ii 3. Stay on walkways at all times unless otherwise directed by the range instructor in charge. 4. The driving of vehicles on the range will only be allowed at the direction of a range instructor. 5. No one is permitted on to the firing line without being instructed to do so by the range instructor in charge. Firing of weapons can occur only after the range instructor in charge declares the range "open" and "commence firing ". The range instructor in charge must declare the range "closed" before entrance on to the firing line is permitted. SCHEDULING RANGE DATES (Outside Agencies) Any agency that holds a current contract with the County of Lake for use of the Firearms Training Facility and wishes to reserve training dates must contact the following: The Lake County Firearms Training Facility at (847)395.3042. If there is no answer, please contact the Lake County Sheriff's Training Division at (847) 377.4350. 2. Agencies wanting to schedule dates and times for training must reserve those dates two weeks in advance of the actual training. Agencies will be billed within 30 days of the completed training. A copy of the billing and log in sheet indicating the number of shooters which attended that particular training, the number of hours of that training, the type of weapons used, weather conditions and the name of the firearm instructor /s will be sent to the respective agencies. have read the above S.O.P. and by signature agree to abide by the S.O.P. Date Signed 12