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HomeMy WebLinkAboutRESOLUTION - 41-02 - 9/17/2002 - INTERGOVERNMENTAL AGREEMENTRESOLUTION NO. 41-02 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AMENDED INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE ELK GROVE PARK DISTRICT, THE COMMUNITY CONSOLIDATED SCHOOL DISTRICT NO. 54 AND THE COMMUNITY CONSOLIDATED SCHOOL DISTRICT NO. 59 FOR THE LIGHTNING PREDICTION AND WARNING NETWORK NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: INTERGOVERNMENTAL AGREEMENT LIGHTNING PREDICTION AND WARNING NETWORK a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That Resolution No. 37-02 is hereby rescinded in its entirety. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 17th day of September, 2002. APPROVED this 17th day of September, 2002. APPROVED: Craig B. Johnson, Mayor ATTEST: Ann I. Walsh, Village Clerk IntergoveragreementlightningResAmended.doc INTERGOVERNMENTAL AGREEMENT LIGHTNING PREDICTION AND WARNING NETWORK WHEREAS, the Village of Elk Grove Village obtained an Illinois First Grant in the amount of $190,000 for the acquisition and implementation of a life-saving lightning prediction system throughout Elk Grove Village; and WHEREAS, the Village of Elk Grove Village will administer said Grant for the benefit of residents and visitors in Elk Grove Village; and WHEREAS, the lightning prediction equipment must be installed in public outdoor recreational areas in order to maximize the utility of this technology, and WHEREAS, outdoor recreational areas in Elk Grove Village are owned, operated, and maintained by the Elk Grove Park District, School District #54, and School District #59, each of which is a unit of government established by the State of Illinois; and WHEREAS, the Village of Elk Grove Village, Elk Grove Park District, School District #54, School District #59 concur that an Intergovernmental Agreement is necessary to set forth standard operating and maintenance procedures for the lightning prediction system; and WHEREAS, the responsibilities and guidelines as outlined in this Intergovernmental Agreement shall serve to protect the public interest by ensuring that the lightning prediction system is operated with uniform standards, is properly maintained, and that the public is properly educated on its functions; NOW, THEREFORE, in consideration of the foregoing preambles, the parties agree as follows: This Intergovernmental Agreement has been adopted by the Village of Elk Grove Village, Elk Grove Park District, Community Consolidated School District No. 54, and Community Consolidated School District No. 59, as a cooperative agreement regarding the acquisition, installation, ownership, and maintenance of the Thor Guard lightning prediction equipment installed throughout the community. The specific intent of the Agreement is to delineate actions and responsibilities of each agency needed to deliver this public safety program to the community. Inst printed 09/04/02 11:18 AM RESPONSIBILITIES 1. The Village of Elk Grove hereby agrees to execute a purchase contract for the acquisition of all equipment, materials, and services needed for the delivery and installation of the detection sensors and alarms. 2. The Elk Grove Park District agrees to assist in planning the location of the approximately 50 alarm devices, one air horn alarm and/or warning strobe light to be installed to serve each park facility in the community. The entire Elk Grove community, generally west of Tonne Road, will be served by a total of four rooftop sensors to be located as follows, and maintained by the respective building owner: Fox Run Golf Links, 333 S. Plum Grove Road (Elk Grove Park District) • Adlai E. Stevenson School, 1414 Armstrong Lane (School District 54) • Elk Grove Park District Pavilion, 1000 Wellington Avenue (Elk Grove Park District) • Ira R. Rupley School, 305 East Oakton Street (School District 59) 4. The Elk Grove Park District agrees to assume ownership and ongoing routine maintenance and testing responsibilities for the entire lightning prediction and alarm network with the following exceptions: Community Consolidated School District No. 59 hereby agrees to maintain and test the sensor and alarm to be located at Ira L. Rupley School, 305 East Oakton Street, Elk Grove Village. • Community Consolidated School District No. 54 hereby agrees to maintain and test the sensor and alarm to be located at Adlai E. Stevenson School, 1414 Armstrong Lane, Elk Grove Village. 5. Ongoing maintenance shall include quarterly cleaning of all sensors, testing, battery removal on or about November 30th of each year and battery replacement on or about March 181 of each year. The parties may amend this Agreement with a Maintenance Agreement delineating specific maintenance tasks and responsibilities as appropriate. Last printed 09/04/02 11:18 AM 6. The owner of a building designated for lighting prediction equipment and/or alarm devices will make final determination of the equipment/alarm/device location in consultation with the Village of Elk Grove. hi planning the location of this equipment, mounting on existing structures will be the primary location choice. If no suitable structures exist, the alarm equipment will be mounted on a wooden pole at a height necessary to maximize line of sight for the protected area, as approved by the owner of the property. The Village of Elk Grove shall and hereby does indemnify and hold harmless the Elk Grove Park District and the School Districts, their officers, board members, employees, volunteers, and agents against any claims, demands, costs, and expenses, including reasonable attorney's fees for the defense thereof, arising from or in connection with the maintenance and use of the lightning prediction and warning networks installed pursuant to this agreement. 8. Each party to this Agreement agrees to develop a policy regarding the usage, activation schedule, and/or response to the activation of an alarm. In addition, each party will disseminate public education information to their constituency to inform the public on the purpose and operation of the lightning prediction system. 9. The term of this agreement shall be ten (10) years commencing on the last execution date hereof with automatic annual renewals thereafter. This agreement may be terminated prior to the regular term or any extended term by the mutual consent of any two (2) of the parties hereto. In that event, notice of termination shall be sent to the remaining party and the agreement shall terminate sixty (60) days after the date of said notice. Upon termination, ownership of the lightning prediction system shall revert to the Village of Elk Grove Village who shall be responsible for removing the system within ninety (90) days thereafter unless otherwise agreed in writing by all of the parties hereto. AMENDMENT Any section of this Agreement may be amended with the consent of all parties to this Agreement. Last printed 09/04/02 11:18 AM NOTICE Any notice regarding the this Agreement shall be in writing and be delivered to the parties at the following addresses or at such other addresses as the parties, by notice, may designate: To Village: Village of Elk Grove Village Attn: Village Manager 901 Wellington Avenue Elk Grove Village, IL 60007 FAX No.: 847-357-4044 To Park District: Elk Grove Park District Attn: Executive Director 499 Biesterfield Road Elk Grove Village, IL 60007 FAX No.: 847-228-3508 To School District 54: Community Consolidated School District No. 54 Attn: Superintendent 524 East Schaumburg Road Schaumburg, IL 60194-3597 FAX No.: 847-884-8842 To School District 59: Community Consolidated School District No. 59 Attn: Superintendent 2123 South Arlington Heights Road Arlington Heights, IL 60005 FAX No.: 847-593-4409 Last printed 09/04/02 11:18 AM EXECUTION The parties to this Agreement have caused this Agreement to be duly executed as of the dates set forth below their respective signatures. Village of Elk Grove Village By; Craig B. Johnson September 18, 2002 Mayor Date of Execution Elk Grove Park District By: Thomas E. Cooke President Date of Execution Community Consolidated School District No. 54 Board of Education IN President Date of Execution Community Consolidated School District No. 59 Board of Education M President Last printed 09/04/02 11:18 AM Date of Execution INTERGOVERNMENTAL AGREEMENT LIGHTNING PREDICTION AND WARNING NETWORK WHEREAS, the Village of Elk Grove Village obtained an Illinois First Grant in the amount of $190,000 for the acquisition and implementation of a life-saving lightning prediction system throughout Elk Grove Village; and WHEREAS, the Village of Elk Grove Village will administer said Grant for the benefit of residents and visitors in Elk Grove Village; and WHEREAS, the lightning prediction equipment must be installed in public outdoor recreational areas in order to maximize the utility of this technology; and WHEREAS; outdoor recreational areas in Elk Grove Village are owned, operated, and maintained by the Elk Grove Park District, School District #54, and School District #59, each of which is a unit of government established by the State of Illinois; and WHEREAS, the Village of Elk Grove Village, Elk Grove Park District, School District #54, and School District #59 concur that an Intergovernmental Agreement is necessary to set forth standard operating and maintenance procedures for the lightning prediction system; and WHEREAS, the responsibilities and guidelines as outlined in this Intergovernmental Agreement shall seine to protect the public interest by ensuring that the lightning prediction system is operated with uniform standards, is properly maintained, and that the public property is properly educated on its functions; NOW, THEREFORE, in consideration of the foregoing preambles, the parties agree as follows: PURPOSE An Intergovernmental Agreement, similar to the Agreement, has previously been executed by the Elk Grove Park District and Village of Elk Grove Village as a cooperative agreement regarding the acquisition, installation, ownership, and maintenance of the ThorGuard lightning prediction equipment installed throughout the community. The specific intent of the Agreement is to similarly set forth actions and responsibilities of Community Consolidated School District No. 54 and Community Consolidated School District No. 59 with the Village of Elk Grove Village as well as to acknowledge the Agreement between the Village of Elk Grove the Elk Grove Park District. RESPONSIBILITIES The Village of Elk Grove hereby agrees to execute a purchase contract for the acquisition of all equipment, materials, and services needed for the delivery and installation of the detection sensors and alarms. 2. The Elk Grove Park District has previously agreed to assist in planning the location of the approximately two ThorGuard sensors and approximately 50 alarm devices, one to be installed at each park facility in the community. The entire Elk Grove community, generally west of Tonne Road, will be served by a total of four -rooftop sensors to be located as,follows, and maintained by the respective.building owner: • Fox Run Golf Links, 333, S. Plum Grove Road (Park District) • Adlai E. Stevenson School, 1414 Armstrong Lane (School District No. 54) • Elk Grove Park District Pavilion, 1000 Wellington Avenue (Park District) • Ira L. Rupley Elementary School, 305 East Oak Street (School District No. 59) 4. The Elk Grove Park District has agreed to assume ownership and ongoing maintenance and testing responsibilities for the entire lightning prediction and alarm network. Notwithstanding ownership and acknowledging the specific indemnification and the hold harmless provisions of paragraph #7, School District 54 & School District 59, as a matter of c6nvenience only and not as an assumption of liability, will provide simple maintenance of equipment on their site, such as dusting of sensors and the removal of batteries on or about November 30`h of each year and battery reinstallation on or about March I' of each year. 5. The owner of a building designated for lightning prediction equipment and/or alarm devices will make final determination of the equipment/alarm/device location following consultation with the Elk Grove Park District. In planning the location of this equipment, mounting on existing structures will be the primary location choice. If no suitable structures exist, the alarm equipment will be mounted on a wooden pole at a height necessary to maximize line of sight in the protected area, as approved by the owner of the property. 6. The Village of Elk Grove Village shall and hereby does indemnify and hold harmless the Elk Grove Park District and School Districts, their officers, board members, employees, volunteers, and agents against any claims, demands, costs, and expenses, including reasonable attorneys' fees for the defense thereof, arising from or in connection with the maintenance and use of the lightning prediction and warning network installed on School District properties pursuant to this Agreement. 7. Each party to this Agreement agrees to develop a policy regarding the usage, activation schedule, and/or response to the activation of an alarm. In addition, each party will disseminate educational information to their constituency to inform the public on the purpose and operation of the lightning prediction system. 8. Duration of Agreement and Termination a. The term of this Agreement shall be for a period of two years from the date this Agreement bears. b. Said Agreement to be renewed automatically thereafter for additional two year terms unless any of the Parties hereto notifies the other parties in writing to the contrary prior to the termination of any term or renewal term. c. Any party may cancel this Agreement with forty-five (45) days prior written notice to the other parties. d. If the Elk Grove Park District cancels its agreement with the Village of Elk Grove Village, then and in that event, the Village of Elk Grove Village shall assume ownership of all the equipment in place under the provisions of this Agreement and the agreement between the Village and Park District. e. The Village agrees to forward monthly notices to the respective School Districts reminding them of maintenance obligations which they may have pursuant to the terms of this Agreement. AMENDMENT Any section of this Agreement may be amended with the consent of all parties to this Agreement. NOTICE Any notice regarding this Agreement shall be in writing and be delivered to the parties at the following addresses or at such other addresses as the parties, by notice, may designate: To Village: Village of Elk Grove Village Attn: Village Manager 901 Wellington Avenue Elk Grove Village, IL 60007 FAX No.: 847-357-4044 To School District 54: Community Consolidated School District No. 54 Attn: Superintendent 524East Schaumburg Road Schaumburg, IL 60194-3597 FAX No.: 847-884-8842 To School District 59: Community Consolidated School District No. 59 Attn: Superintendent 2123 S. Arlington Heights Road Arlington Heights, IL 60005 FAX No.: 847-593-4409 EXECUTION The parties to this Agreement have caused this Agreement to be duly executed as of the dates set forth below their respective signatures. Village lk Q ove Village 1 By: Cr ' . Johnson, Mayor Date of Execution 54 Board of Education Date of Execution Community Consolidated School District No. 59 Board of Education By: W /1310.3 Laura Walters, President Date of Execution