15-0302 - Dupage Sheriff Live ShootingLIVE -FIRE SHOOTING HOUSE USE AGREEMENT
THIS AGREEMENT (hereinafter "AGREEMENT") is made this 2nd of March, 2015
between the County of DuPage, Illinois, a unit of local government on behalf of the DuPage
County Sheriff (hereinafter "SHERIFF"), and The City of Elgin, Illinois, a municipal corporation
(hereinafter "AGENCY").
WHEREAS, the SHERIFF operates and controls a "Live -Fire Shooting House", located
at 1875 Arthur Drive, West Chicago, Illinois and the AGENCY has a need for the use of said
"Live -Fire Shooting House" under the terms and conditions set forth herein;
THEREFORE, in consideration of the terms and conditions set forth herein, the
sufficiency of which is hereby mutually acknowledged by the parties hereto, it is hereby agreed
by and between the SHERIFF and the AGENCY as follows:
1. The SHERIFF shall provide said "Live -Fire Shooting House" in an "as -is" condition, and
no special improvements or preparations shall be implemented to accommodate the AGENCY,
its agents, employees, personnel or other staff. The AGENCY further agrees that only its agents,
employees, personnel or other staff will be allowed use of said "Live -Fire Shooting House"
under this AGREEMENT.
2. The AGENCY agrees that use of said firing range will be by advance reservation
arrangements only; said advance reservation arrangements to be made through Sgt. Randy Groh
or his assign. Types of weapons, ammunition and course of fire will be identified at the time
advance reservation arrangements are made. Written confirmation of said advance reservation
arrangements, including types of weapons, ammunition and course of fire information, will be
provided to the SHERIFF through Sgt. Randy Groh or his assign via regular mail and/or
electronic mail correspondence.
3. The SHERIFF has established certain policies for use of said "Live -Fire Shooting House"
and the AGENCY shall abide by said policies as enumerated in "DuPage County Sheriff's Office
GENERAL ORDER: 4-99.2, a copy of which is attached hereto and incorporated as a part of this
AGREEMENT as Attachment A.
4. The AGENCY shall provide a valid and fully executed "Waiver of Liability" for each of
its agents, employees, personnel or other staff using the "Live -Fire Shooting House" pursuant to
this AGREEMENT.
5. GENERAL TERMS
a. Indemnification. To the fullest extent permitted by law, the AGENCY shall
indemnify, defend and hold harmless the SHERIFF and his employees,
volunteers, and agents, and their successors and assigns, the County of DuPage,
its governing Board and its members, employees, volunteers, and agents, and their
successors and assigns, in their individual and official capacities from and against
any and all liabilities, loss, claim, demand, lien, damage, penalty, fine, interest,
cost, and expense, including without limitation, reasonable attorneys' fees and
litigation costs, for injuries to persons or for damage, destruction or theft of
property arising out of any activity of the AGENCY and each of its agents,
employees, personnel or other staff using the "Live -Fire Shooting House".
b. Term and Termination. This AGREEMENT shall expire on March 2nd,
2016 unless terminated earlier as provided herein. The SHERIFF retains the right
to revoke the AGREEMENT for any material breach of this AGREEMENT
without notice to the AGENCY. Further, either party may terminate this
AGREEMENT at any time by providing the other party at least seven (7) days
prior written notice of such termination. In addition, the parties may terminate
this AGREEMENT by written mutual consent and agreement.
C. Relationship of the Parties. This AGREEMENT shall not be construed so as to
result in any party or its respective employees or agents as the agents or
employees of the other party. Nothing contained in or done pursuant to this
AGREEMENT shall be construed as creating a partnership, agency, joint
employer or joint venture relationship between the SHERIFF and the AGENCY.
No party shall become bound, with respect to third parties, by any representation,
act or omission of the other party. This AGREEMENT is for the benefit of the
contracting parties only and is not intended to raise or acknowledge any duty,
special or otherwise, regarding conduct or other form of liability as to third
parties.
d. Entire Agreement. This AGREEMENT sets forth all the covenants, conditions
and promises between the parties hereto, represents the entire agreement between
the parties, and supersedes all previous communications or understandings
whether oral or written. This AGREEMENT may not be amended except by
means of a written document signed by authorized representatives of both of the
parties.
e. Provisions Severable. In the event any provision of this AGREEMENT or the
application of any such provision to any state of facts shall be declared to be
illegal, unenforceable or contrary to the public policy, then such provision or
application, as the case may be, shall be null and void, but this AGREEMENT,
with such provision severed, shall continue in full force and effect as to all other
provisions.
f No Assignment and Successors. No party may assign any rights or duties
under this AGREEMENT without the prior express written consent of the other
party. This AGREEMENT shall be binding upon the successors of the parties'
respective governing boards.
g. Compliance with All Laws. The SHERIFF and the AGENCY shall at all times
observe and comply with the laws, ordinances, regulations and codes of the
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Federal, State, County and other local governmental agencies which may in any
manner affect the performance of this AGREEMENT.
h. Governing Law. This AGREEMENT shall be governed by the laws of the
State of Illinois. Venue for the resolution of any disputes or the enforcement of
any rights arising out of or in connection with this AGREEMENT shall be in the
Circuit Court of Kane County, Illinois.
i. Counterparts. This AGREEMENT may be executed in counterparts, each of
which shall constitute an original, but together shall constitute one and the same
AGREEMENT.
CITY OF ELGIN
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Attest:
City Clerk
COUNTY OF DUPAGE
SHERIFF'S OFFICE
Attest:
Dated: 414 R w` s'. a 15 Dated:
FALegal Dept\Agreement\Live-Fire Shooting House Use Agreement-8-7-13.docx
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WAIVER & RELEASE
Participant's Name
Agency
Agency Address
Zip Code
I understand that
City/State
_ (Agency) has entered into an
Agreement with the DuPage County Sheriff to hold live -fire training exercises at the DuPage
County Sheriff s Office "Live -Fire Shooting House", located at 1875 Arthur Drive, West
Chicago, Illinois. I acknowledge that I am an employee of
(Agency) which is responsible for conducting said training exercises pursuant to said Agreement.
I hereby for myself, heirs, executors, administrators, personnel representatives and assigns waive
and release any and all rights, claims and courses of action I may have for damages against the
DuPage County Sheriff and his employees, volunteers, and agents, and their successors and
assigns or the County of DuPage and its employees, volunteers, and agents, and their successors
and assigns for any and all injuries and/or damages suffered by me in connection with my
participation in activities at or use of the "Live -Fire Shooting House", located at 1875 Arthur
Drive, West Chicago, Illinois. I have read and agree to abide by the policies outlined in DuPage
County Sheriff's Office GENERAL ORDER: 4-99.2 and other applicable DuPage County
Sheriffs Office policies or procedures as may be communicated to me. I attest that I am
physically fit and sufficiently trained for participation in the activities. I understand that my use
of the facilities located at 1875 Arthur Drive, West Chicago, Illinois is conditioned upon
execution of this "Waiver and Release".
Participant's Signature
Date
El