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HomeMy WebLinkAbout26-0922 Presidents Cup (-----; 60, Judicial/Public Safety Resolution 421 N.COUNTY ROAD FARM ,:; r •tio' WHEATON,IL 60187 '' www.dupagecounty.gov File#: JPS-R-0020-26 Agenda Date: 9/22/2026 Agenda#: 15.E. A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DUPAGE ON BEHALF OF THE DUPAGE COUNTY SHERIFF AND THE CITY OF ELGIN FOR THE USE OF VEHICLES IN SUPPORT OF THE SHERIFFS OPERATIONS SURROUNDING THE PRESIDENTS CUP WHEREAS,the County of DuPage,on behalf of the DuPage County Sheriff's Office,does hereby declare that it is in the best interest of DuPage County to make provisions for law entbrcement mutual aid in the execution of police services related to the Presidents Cup Golf Tournament to be held at Medinah Country Club from September 22,2026 to September 27,2026(hereinafter the-Presidents Cup.")and; WHEREAS, the County of DuPage recognizes that law enforcement mutual aid is most effective if those public agencies who could potentially benefit from law enforcement mutual aid and those willing to provide mutual aid are willing to enter into a mutual aid agreement such as the proposed Intergovernmental Agreement("[GA"), and; WHEREAS. the City of Elgin wishes to provide the mutual aid requested by the DuPage County Sheriff for the purposes of providing police assistance during the Presidents Cup. by providing two Special Weapons and Tactics("SWAT") vehicles for use by the Sheriff and the Metropolitan Emergency Response Team of DuPage County ("MERIT") during the Presidents Cup.as outlined in the IGA; and WHEREAS, in the State of Illinois, there exist constitutional and statutory provisions enabling and supporting the formation of intergovernmental agreements on matters such as law enforcement mutual aid and the loaning of equipment and vehicles. to wit, the Constitution of the State of Illinois (III. Const. Art. VII, § 10), the Illinois Intergovernmental Cooperation Act(5 ILCS 220/1 et seq.). the Local Governmental and Governmental Employees Tort Immunity Act(745 ILCS 10/7-101 et seq.)and the Illinois Municipal Code(65 ILCS 5/1 1-1-2.1).and; WHEREAS. in order to have an effective law enforcement mutual aid system, it is reasonable and desirable to have the terms of that mutual aid set forth in an IGA:and WHEREAS. this !GA is made in recognition of the fact that natural or man-made occurrences may result in emergencies or disasters that exceed the resources of the DuPage County Sheritrs Office.and that mutual aid by other agencies. including the undersigned public safety agency. by temporarily'assigning some of the responding public agencies resources. equipment and/or law enforcement personnel to the DuPage County. Sheritrs OtTice in accordance with the terms of this IGA: is necessary to safeguard the lives. persons and property of citizens of the County of DuPage during the Presidents Cup: and: Page 1 of 2 File#: JPS-R-0020-26 Agenda Date: 9/22/2026 Agenda#: I5.E. NOW THEREFORE, BE IT RESOLVED, by the DuPage County Board that the County Board Chair, with the advice from counsel, the DuPage County State's Attorney's Office, is hereby authorized and directed to execute on behalf of the County of DuPage an !GA with IPSA on behalf of the DuPage County Sheriff's Office that is substantially similar to the terms in the attached IGA. BE IT FURTHER RESOLVED, that certified copies of this resolution along with copies of the IGA. be transmitted by the County Clerk to the DuPage County Sheriff for distribution to the City of Elgin. Enacted and approved this 22'd day of September 2026,at Wheaton, Illinois. se0A1101/1'1( DEBORAH A. CONROY,CHAIR DU PAGE COUNTY BOARD Attest: JEAN KACZMAREK, COUNTY CLERK Page 2 of 2 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE COUNTY OF DUPAGE on behalf of the DUPAGE COUNTY SHERIFF'S OFFICE This Intergovernmental Agreement ("IGA") is hereby made and entered into this day of Ierr6) 2 , 2026, by and between the City of Elgin, Illinois, a municipal corporation, ("City") and the County of DuPage ("the County") on behalf of the DuPage County Sheriff's Office ("the Sheriff")(collectively"DuPage"). Recitals Whereas, the County of DuPage,on behalf of the DuPage County Sheriff's Office, does hereby declare that it is in the best interest of DuPage County to make provision for law enforcement mutual aid in the execution of police services related to the Presidents Cup Golf Tournament to be held at Medinah Country Club from September 22. 2026 to September 27.2026 (hereinafter the"Presidents Cup," and; Whereas, the County of DuPage recognizes that law enforcement mutual aid is most effective if those public agencies who could potentially benefit from law enforcement mutual aid and those willing to provide mutual aid are willing to enter into a mutual aid agreement such as this Intergovernmental Agreement,and; Whereas, the CITY wishes to provide the mutual aid requested by the DuPage County Sheriff for the purposes of providing police assistance during the Presidents Cup. by providing two Special Weapons and Tactics ("SWAT') vehicles for use by the Sheriff and the Metropolitan Emergency Response Team of DuPage County("MERIT")during the Presidents Cup,as outlined below:and Whereas, in the State of Illinois, there exist constitutional and statutory provisions enabling and supporting the formation of intergovernmental agreements on matters such as law enforcement mutual aid and the loaning of equipment and vehicles, to wit, the Constitution of the State of Illinois(III.Const.Art.VII,§ 10),the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), the Local Governmental and Governmental Employees Tort Immunity Act(745 ILCS 10/7-101 et seq.)and the Illinois Municipal Code (65 ILCS 5/11-1-2.1),and; Whereas, in order to have an effective law enforcement mutual aid system, it is reasonable and desirable to have the terms of that mutual aid set forth in an Intergovernmental Agreement,and: Whereas, this IGA is made in recognition of the fact that natural or man-made occurrences may result in emergencies or disasters that exceed the resources of'the DuPage County Sheriff's Office, and that mutual aid by other agencies. including the undersigned public safety agency, by temporarily assigning some of the responding public agencies resources, equipment and/or law enforcement personnel to the DuPage County Sheriff's Office in accordance with the terms of this IPSA:is necessary to safeguard the lives.persons Page lot'S and property of citizens of the County of DuPage during the Presidents Cup; i. Purpose The purpose of this IGA is to document the understanding between the CITY and DuPage for the Sheriff's and MERIT's (the Metropolitan Emergency Response Team of DuPage County) use of two (2) CITY SWAT vehicles to assist the United States Secret Service("Secret Service") with the security escort of President Donald J. Trump ("President") for the Presidents Cup tournament that is being held at Medinah Country Club on a date to be determined between September 24—28,2026. II. SERVICES The CITY will loan DuPage the following two(2)Elgin Police Department SWAT vehicles ("SWAT vehicles"): I. 2005 Ford Excursion,Plate No. MP18291, Exempt,VIN No. 1 FMSU41 P25ED41826, Squad No. 8205. 2. 2005 Ford Excursion,Plate No. MPl 1591,Exempt,VIN No. 1 FMSU41 P 15EA24684, Squad No. 775. The loan of the above-mentioned SWAT vehicles will be from Saturday, September 26, 2026, to Monday, September 28, 2026, and for the purpose of assisting the secret service with the security escort of the President to the Presidents Cup at the Medinah Country Club in unincorporated, DuPage County, Illinois. No Elgin Police Department personnel will assist or be otherwise involved in the escort. Ill. TERM This IGA shall be for the period of Thursday,September 24,2026,to Monday, September 28, 2026. Timing of the Sheriff's possession of the vehicles shall be determined by the Parties. The IGA may be terminated immediately upon written notice by either party on or before September 24,2026. DuPage's agreement may be terminated by written notice from the Sheriff or his designee. IV. EXECUTION This IGA may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same IGA. For the purposes of executing this 1GA,any signed copy of this IGA transmitted by fax machine ore-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this IGA transmitted by e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. V. NO WAIVER OF IMMUNITIES OR RIGHTS Page 2 of 5 This IGA is not intended and shall not be construed to alter, limit,or constitute a waiver of any of the civil immunities afforded the CITY and/or DUPAGE and/or their officials, officers,employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, and/or as otherwise provided by law, it being agreed that all the civil immunities as set forth in such Acts, as amended, and/or as otherwise provided by law shall fully apply to any claims asserted or which might be asserted against the CITY and/or DUPAGE and/or their respective officials.officers.employees and/or agents as a result of this IGA or any actions of the Parties pursuant to this 1GA. The execution of any waivers by any individual shall not be binding on the CITY or DUPAGE. VI. INDEMNIFICATION To the fullest extent permitted by law, DUPAGE agrees to indemnify,defend and hold the CITY, its officers, agents, servants, employees, boards and commissions harmless from and against: Damage to CITY's Vehicle. Any and all claims, loss or damage (including reasonable attorney's fees) to the CITY's Vehicle due to the Sheriffs. MERIT. Secret Service. or President's use of the vehicles from Saturday, September 26,2026,to Monday.September 28, 2026. Damage to Others. Any claims, suits. judgments. costs. attorney's fees, loss, liability. damage or other relief,to any person or property in any way resulting from or arising out of the existence of this IGA and/or the use the CITY's vehicles while in the possession of DUPAGE, MERIT, Secret Service,or the President. In the event of any action against the CITY, its officers, agents, servants, employees, boards or commissions covered by the foregoing duty to indemnify, DUPAGE will defend and hold harmless the CITY. except for mechanical failures of the vehicle caused by improper or insufficient maintenance. Pursuant to Illinois law. any attorney representing DUPAGE, under this paragraph who is not already an Assistant State's Attorney, is to be appointed as a Special Assistant State's Attorney, in accordance with applicable law. The State's Attorney will not unreasonably withhold approval of an attorney requested by the CITY. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement unless the Agreement is terminated by the CITY or Sheriff on or before September 24,2026. VII. INSURANCE DUPAGE agrees to maintain in full force and effect during the entire term of this Agreement,at its sole cost.the insurance coverages outlined herein or self-insurance in the amounts identified below. All of said insurance, excluding self-insurance, shall be written by.and secured from. companies approved to do business and issue insurance in the State of Illinois and must be rated "A-"or better, in accordance with the latest edition of Best's insurance Guide, published by A.M. Best Company, Inc. or its equivalent. Page 3 of 5 The comprehensive general liability insurance shall be endorsed to include independent contractors, contractual liability, personal injury, products/completed operations liability. broad form property damage, and cross liability and severability of interest provisions. Policies provided hereunder shall not contain XCU exclusions relating to explosion, collapse and underground property damage. All liability insurance shall be written on an occurrence basis. Automobile liability insurance should include coverage for all owned, non-owned, hired and leased vehicles. DUPAGE must maintain self-insurance or insurance policies in the name of DUPAGE at or exceeding the amounts set forth below: Comprehensive Liability General Aggregate $2 Million Products Completed $2 Million Operations Aggregate Personal Injury and $1 Million Advertising Limit Each Occurrence $1 Million Automobile Liability Combined Single Limit $5 Million Worker's Compensation Statutory As required by state law Employer's Liability $1,000,000 Each Accident $1,000,000 Each Emp for Disease $1,000,000 Policy Limit for Disease All such insurance or self-insurance shall be primary and noncontributory with any insurance or self-insurance program afforded to the City of Elgin. DUPAGE shall be responsible for and shall bear the risk of loss and damage to any property of DUPAGE and any property for which it is responsible or in its care,custody,or control,wherever located. Any insurance provided for such property shall be solely at DUPAGE's expense. DUPAGE shall furnish certificates of insurance acceptable to the CITY and conforming to the insurance coverage required herein. Page4of5 COUNTY OF DUPAGE on behalf of the CITY OF ELGIN DuPage County Sheriffs Office Wie4L1* Deborah A. Conroy Richard G. Kozal, City Manager Att s . City Clerk Page 5 of 5