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Equipment Sharing: How the Woodridge Park District, the Village of Woodridge, and the local school district streamlined their equipment sharing program for the common good of the community and earned the taxpayers' admiration. By Keith Frankland The concept of equipment sharing is not new but rather is quite commonplace among villages or cities and park districts. The cooperation between three governmental agencies in Woodridge has perhaps gone further than most in that during times of emergency, all governmental units within the town are temporarily merged under one command. It is the residents of the city, school district, and park district who have paid for the equipment and manpower regardless from which pocket it came. Our program of equipment sharing was born of a need for specialized equipment which could not be justified for purchase by each individual agency. No piece of equipment is used 100% of the time and it is during slack times that equipment is made available to each of the three agencies involved. To get around the question of liability and equipment damage while in use by an agency other than the owner, the agreement below was adopted. It addresses third party liability, damage, deductibles, and workman's compensation for the employee involved in its operation. The agreement has tied together three agencies with separate and distinct purposes into a common bond whose basis for passage is that we are all working for the same person —the taxpayer. It demonstrates to the public that we are trying our best to use their tax dollars in the wisest means possible. The full text of the agreement follows: INTERGOVERNMENTAL AGREEMENT FOR EQUIPMENT SHARING -SCHOOL DISTRICT NO. 68, VILLAGE OF WOODRIDGE AND WOODRIDGE PARK DISTRICT THIS AGREEMENT, made and entered into this 14th day of February, 1983, by and between SCHOOL DISTRICT NO. 68, a body corporate and politic, the VILLAGE OF WOODRIDGE, an Illinois Municipal Corporation, and the WOODRIDGE PARK DISTRICT, a body corporate and politic. WITNESSETH: WHEREAS, each of the parties hereto owns various pieces of equipment, motor vehicles and implements which, when not being used by the owner, may from time to time be borrowed and used by another party to this Agreement upon the terms hereinafter set forth; and, WHEREAS, that the parties hereto desire to foster the economic and efficient utilization of public funds expended for the equipment, motor vehicles and implements and in connection therewith to provide for the borrowing and use of such property by the parties to this Agreement; and WHEREAS, that the purpose of this Agreement is consistent with the goals of the Intergovernmental Cooperation clause of the Constitution of the State of Illinois (Article VII, Section 10) and is further authorized by Chapter 127, Illinois Revised Statutes, 1979, Section 741 et seq. NOW, THEREFORE, in consideration of the foregoing recitals and of the convenants and conditions hereinafter set forth, the adequacy and sufficiency of which the parties hereto hereby stipulate, the parties agree as follows: I. AGREEMENT OF THE PARTIES (A) Any party to this Agreement may borrow from any other party to this Agreement such items of personal property (e.g. equipment, motor vehicles, tools and implements) as are immediately needed by the borrowing party and not then being used or otherwise committed by the lending party. The borrowing party must notify and obtain the approval from the lending party prior to taking possession of such property, such notice and approval to be in writing whenever practical. The governing Board of each party to this Agreement shall notify the governing Board of each other party to this Agreement, in writing, as to the name and capacity of the employee designated as the person responsible for giving and receiving notice and granting or denying approval; (B) The borrowing party will permit only capable, experienced and qualified personnel to operate and use the borrowed property. The borrowing party shall return the borrowed item promptly after use and in the same condition as when it was borrowed, except for ordinary wear and tear. (C) The owner of each vehicle licensed pursuant to the provisions of the Illinois Vehicle Code, Illinois Revised Statutes, 1979, as amended, Chapter 95 1/2, shall procure and maintain at its sole and exclusive expense comprehensive personal injury and property damage insurance with a minimum coverage of $1,000,000 and shall adequately cover all operations of said vehicles under the exercise of the privileges herein granted, whether performed by the owning party, the borrowing party or their contractors, agents, and/ or employees. In the event a claim is made and paid under any insurance policy, arising out of the use of any licensed vehicle by any borrowing party, said borrowing party shall, upon demand, reimburse the owner of said vehicle in an amount equal to the self insurance or in Illinois Parks and Recreation 30 March/April 1983 surance deductible portion paid or owed by said owner unless paid or reimbursed by a third party. Nothing contained in this Section shall be construed as a waiver of the subrogation rights of any insurance carrier. To the extent that the insurance coverage set forth hereinabove is not sufficient to cover any claim, the borrowing party agrees to indemnify, release and hold the owner harmless from any and all liability, causes of action, suit, judgments, settlements, damages or demands of whatsoever nature arising out of the conduct of the borrowing party, its officers, agents, and employees (whether or not authorized) while using the borrowed vehicles. The borrowing party further agrees to reimburse the owner, its officers, agents, employees and servants for any and all attorney's fees and court costs incurred by any of such parties in defending any claim, cause of action, suit or demand for which indemnification has been agreed. (D) The borrowing party of each piece of equipment or vehicles, not otherwise licensed pursuant to the provision of the Illinois Vehicle Code, Illinois Revised Statutes, 1979, as amended. Chapter 95 1/2, shall procure and maintain at its sole and exclusive expense, comprehensive personal injury and property damage insurance with a minimum coverage of $1,000,000 and shall adequately cover all operations of said vehicles or equipment under the exercise of the privileges herein granted and to replace said equipment at replacement cost value, whether performed by the borrowing party, contractors, agents and/or employees. With respect to the borrowing of equipment as provided for under subsection (D), the borrowing party agrees to indemnify, release and hold the owner harmless from any and all liability, causes of action, suits, damages or demands of whatsoever nature arising out of the conduct of the borrowing party, its contractors, agents and/or employees (whether or not authorized) while they are using the vehicles or equipment borrowed. The borrowing party further agrees to reimburse the owner, its officers, agents, employees and servants for any and all attorney's fees and court costs incurred by any of such parties in defending any claim, cause of action, suit or demand for which indemnification has been agreed. Any party borrowing equipment and vehicles, as provided for under this subsection (D), hereby waives, releases, and discharges its rights of recovery against such owner, by subrogation or otherwise, for any loss and damage arising out of the operation or use of such equipment and vehicles as provided for by this Agreement. (E) Notwithstanding any provision of this Agreement to the contrary, each party to this Agreement shall at all times maintain worker's compensation coverage as provided by the statutes of the State of Illinois. Each party shall be responsible for worker's compensation claims made by its employees, agents or contractors. II. SUCCESSORS GOVERNMENTAL ENTITIES This Agreement shall be binding upon and inure to the benefit of any successor governmental legal entity which may assume and perform the duties of any party hereto. Notwithstanding the foregoing, this Agreement shall not be assigned by any party hereto without the prior written consent of the other parties to this Agreement. III. SEVERABILITY The invalidity of any provision of this Agreement shall not impair the validity of any other provision. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, that provision will be deemed severable and the Agreement may be enforced with that provision severed or as modified by the court. IV. ENTIRE AGREEMENT This Agreement sets forth the entire understanding of the parties and may only be amended, modified or terminated by a written instrument signed by the parties except as herein otherwise provided. V. GOVERNING LAW This Agreement shall be interpreted and construed in accordance with the laws of the State of Illinois. VI. TERMINATION Any party may terminate this Agreement, provided, however, that the party desiring to terminate this Agreement shall give thirty (30) days prior written notice to all other parties to this Agreement. VII. NOTICES All notices hereunder shall be in writing and must be served either personally or by registered or certified mail to: A. VILLAGE OF WOODRIDGE at: 1900 West 75th Street Woodridge, Illinois 60517 B. SCHOOL DISTRICT NO. 68 at: 2525 Mitchell Drive Woodridge, Illinois 60517 C. WOODRIDGE PARK DISTRICT at: 2909 Forest Glen Parkway Woodridge, Illinois 60517 D. To such other person or place which any party hereto by its prior written notice shall designate for notice to it from the other parties hereto. VIII. COUNTERPARTS This Agreement is executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. IN WITNESS WHEREOF, each party has caused its respective officers to execute this agreement. SCHOOL DISTRICT NO. 68,
ABOUT THE AUTHOR:
Illinois Parks and Recreation 31 March/April 1983 |
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