HomeMy WebLinkAbout89-0613 Kane County Gun sq- o6
INTERGOVERNMENTAL AGREEMENT
FOR CAPTURE GUN TRAINING AND
• PROVISION OF SERUM
This Agreement entered into this /5 day of , 1989, by
and between the County of Kane, a body corporate d politic of the State
of Illinois (hereinafter "COUNTY") and the City of Elgin, a municipal
corporation of the State of Illinois (hereinafter the City) .
^
WHEREAS,- it is common practice for law enforcement agencies to use
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"capture guns" to capture1dangerous animals'running at large; and
WHEREAS, the capture guns utilize a serum to anesthetize said
dangerous animals to facilitate their capture; and
WHEREAS, the distribution of the serum is controlled by statute and
regulation and may only be used under order of a licensed veterinarian; and
- WHEREAS, the Kane County Animal Control Administrator (hereinafter
"Administrator") is a licensed veterinarian and knowledgeable in the use of
capture guns and the serum; and
WHEREAS, the Elgin Police Department has a capture gun and desires the
Administrator to conduct training for several of its police officers ,
regarding the use of the capture gun and the serum and also desires the •
Administrator supply the serum to the Elgin Police Department to be used
solely for the capture of dangerous animals by a police officer or
community service officer trained in the use of the capture gun and serum;
and
WHEREAS, the Administrator is willing to provide the requested
training and serum to the Elgin Police Department provided that said
capture gun and serum are under the exclusive control of police officers
and community service officers trained in the use of the capture gun and
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the serum.
NOW THEREFORE, in consideration of the preambles stated herein above,
and for other consideration, the sufficiency of which is agreed to by the •
parties herein, both the County and the City agree as follows:
1 . The Administrator shall conduct a training seminar for the Elgin
P
Police Department regarding the use of capture guns and the associated
serum.
2 . The Administrator shall provide to the Elgin Police Department the
serum in an amount and at a cost deemed appropriate by the Administrator.
3. The City, upon acceptance of the serum, shall keep said serum in a
safe and secure location under lock and make it available only to those
Elgin police officers and community service officers who have been
previously trained by the Administrator, for the sole purpose of the
capture of dangerous animals.
4. The City shall defend, indemnify and hold harmless the County, its
employees and officers including the Administrator from any and all
liability arising out of this agreement, including but not limited to any
liability relating to particular, but without limiting the scope of the
foregoing, such defense, indemnification and hold harmless shall be from
all claims, litigation and liability asserted against them or any of them
and any costs and attorney's fees incidental thereto on account of any
injury to or death of any person or persons whomsoever or on account of
damages to any property, caused in any manner by the use of the capture gun
or the serum. The City shall undertake the defense of the County, its
officers and employees for all claims arising out of the City's use of the
serum if the County requests the City to do so.
In addition to the above, the City, prior to accepting the serum from
the Administrator shall purchase or maintain at the cost of the City, a
policy of insurance issued by a good and responsible insurance company in a
form satisfactory to the County for General Liability Insurance. . Such
insurance shall provide that no change, modification in, or cancellation of
any insurance shall become effective until the expiration of thirty (30)
days after written notice thereof shall have been received by the County
from the Insurance Company. The City shall purchase and keep in effect a
policy of insurance naming only the City as insured and the County as
additional named insured. Said General Liability Insurance shall have
minimum amounts of insurance as follows:
1 . ) Bodily Injury Liability S1 ,000,000 for each occurrence and
2 . ) Property Damage Liability S100,00 for each occurrence. No restriction
on occurrence limits shall be permitted.
5. In the event the City is or becomes a self-insurer, the City may
at its option, in lieu of presenting the County with a certificate of
insurance, present to the County a letter signed by the City's fiscal
officer evidencing the fact that the City is a self-insurer and has
adequate funds available or shall make adequate funds available for the
defense, indemnification and hold harmless as aforesaid.
6. The terms and conditions of this Agreement may be amended or
supplemented by written statement or either party to be bound by such
amendment or supplement . The County and the City agree that no oral change
or modification of this Agreement shall be allowed and that no claim based
upon any purported oral change or modification shall be made.
7. The terms and conditions of this Agreement shall be binding upon
and shall inure to the benefit of the parties hereto and their respective
successors and assigns.
8. All State and Federal Laws insofar as are applicable shall be
specifically made a part of this Agreement as set forth in full herein.
9. This Agreement shall be governed by the laws of the State of
Illinois. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision
hereof.
10. In the event that a dispute arises regarding the language of this
Agreement , the original copy of this Agreement in the possession of the
Kane County Clerk shall control.
11 . This Agreement shall be effective upon the signature of all
parties.
COUNTY OF KANE
BY: i�+-�^ 0f"CHAIRMAN, KANE COUI\TY BOARD
COUNTY CLERK
BY:
CIT AGER
ATTEST: N\C31 _)
CITY C "RK