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HomeMy WebLinkAboutRESOLUTION - 28-02 - 5/28/2002 - INTERGOVERNMENTAL AGREEMENTRESOLUTION NO. 28-02 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE ELK GROVE PARK_ DISTRICT (CHANNEL 6 OPERATIONS) 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: CHANNEL 6 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE ELK GROVE PARK DISTRICT 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 this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 28`" day of May, 2002. APPROVED this 28"' day of May, 2002. Craig B. Johnson, Mayor ATTEST: Ann I. Walsh Village Clerk ResChannel6agreement.doc CHANNEL 6 INTERGOVERNMENTAL AGREEMENT between the Village of Elk Grove Village and the Elk Grove Park District regarding the transition of Channel 6 Operations NOW, comes the Village of Elk Grove Village (Village) and the Elk Grove Park District (Park District), both Illinois Municipal Corporations, and in consideration of the mutual promises and conditions hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, state as follows: WITTNESETH: WHEREAS, pursuant to previous Intergovernmental Agreements, the Village and the Park District have provided for the Park District to own and operate Channel 6 including, but not limited to the studio, personal property, network dish, and all related property and equipment; and WHEREAS, the funding for said operation was essentially provided by the Village contributing 4% of its 5% cable television franchise fees to the Park District as well as equipment and cabling grants or other capital grants or contributions received by both parties; and WHEREAS, the Park District is desirous of conveying to the Village all of its interest in the assets of Channel 6, including those assets set forth above as well as the unexpended fund balance as of the date of conveyance and all files, manuals, directions and other documents relating to the operation of Channel 6 and the Village is willing to accept said conveyance subject to the conditions set forth in this Intergovernmental Agreement. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: Section 1: That the Park District shall convey in an "as is" condition and without warranty of any type including any warranty of fitness for a particular purpose, and the Village shall accept the conveyance of the following equipment, funds, written material, furniture and all personal property used for the operation of Channel 6: a. Equipment: All Channel 6 equipment including all files, manuals, electronics, studio equipment, office furniture, video library, satellite dish and such other equipment, fixed and unfixed assets acquired for the operation of Channel 6. Page 1 of 4 b. Funds: The Park District shall transfer ownership of all unexpended fund balances in the Park District's Channel 6 fund as they exist on the date of conveyance, which funds are maintained by the Park District for the exclusive use of Channel 6. c. Plans: All architectural plans, drawings as built and renderings regarding the development of the Channel 6 studio and operating facility. d. Volunteers and Personnel: The names, addresses and phone numbers of all Channel 6 employees and volunteers utilized for the operation of Channel 6 during the previous twelve (12) months. e. All other items necessary for the operation of Channel 6. Section 2: That the Village will accept the conveyance of the above -identified items no later than December 31, 2002 and thereafter will be responsible for and operate Channel 6 at a suitable facility selected by the Village. Section 3: The Park District agrees to full financial disclosure of its Channel 6 Fund. In that regard, the Park District has not nor will it transfer any funds out of the Channel 6 Fund to any other fund of the Park District during its current fiscal year. The Park District will submit to the Village a full Financial Statement(s) of all revenues, expenditures, and changes in fund balance, including line item budget variances, which have occurred from January 1, 2001 up to the date of closing, which Financial Statement(s) will be submitted to the Village no later than ten (10) days before the scheduled closing. Any dispute with respect to the validity of any expenditures or changes in fund balance must be resolved prior to closing. The parties acknowledge that the Elk Grove Park District Channel 6 Fund as of December 31, 2001 had an unexpended fund balance of $256,097. The Park District shall utilize this fund to operate Channel 6 until the date of closing with no additional payments of franchise fee revenue to be made by the Village to the Park District. Section 4: That subsequent to the date of the conveyance the Village will be responsible for and have full authority to select and establish the programming of Channel 6 in its sole discretion provided however that the Village agrees to cablecast, at no expense to the Park District, all regularly scheduled Park District Board Meetings, and such other meetings or programs as requested by the Park District which would not interfere with other scheduled programming then in effect by the Village and which would not require excessive expenditures of allocated funds. Page 2 of 4 Section 5: That the parties will enact such Resolutions or Ordinances deemed necessary to effectuate this Agreement and further agree to execute such documents including any documents of conveyance, bills of sale or otherwise that will be necessary to effectuate the terms of this agreement. Section 6: Upon execution of this Agreement, the Village will take such steps as are necessary to finalize this transaction no later than December 31, 2002. If, through no fault of the Village, the finalization and ultimate conveyance is not possible by December 31, 2002 the Village will notify the Park District of any such delay and the reasons therefore and furthermore request an additional period of time in which to finalize this conveyance. Section 7: That the actual removal from Park District property of all equipment, furniture, personal property and other physical assets to be conveyed pursuant hereto shall be done by the Village, or its employees, agents or contractors at the sole cost and expense of the Village and once commenced shall be diligently pursued to completion. Prior to commencement of such removal the Village shall provide the Park District with not less than 14 days notice and will also provide the Park District with a current certificate of insurance evidencing commercial general liability coverage for the Village with limits of not less than $1 million per occurrence and naming thereon the Park District as an additional insured. Section 8: It is anticipated that there will be a transition period wherein the new studio designated by the Village will commence preliminary operations while there will be a concurrent need to continue operating the existing studio and/or programming functions of Channel 6. In that regard, the parties hereto agree to take whatever steps are necessary to facilitate this transition as efficiently and expediently as possible to ensure the continuation of programming broadcast on Channel 6. Section 9: That all records (as defined in the Illinois Local Public Records Act) (the "Act') being transferred by the Park District to the Village pursuant hereto shall be safeguarded, maintained and preserved by the Village in accordance with the provisions of the Act. Any request for inspection or copying such records, or any part thereof, made upon the Park District, pursuant to the Act or the Illinois Freedom of Information Act shall be immediately referred to the Village for response. None of the records transferred to the Village pursuant to this agreement shall be discarded or destroyed without the advance written consent of the Village, the Park District and the State of Illinois Archivist. Page 3 of 4 WHEREFORE, the parties hereto set their hands and seals this 28th day of Mme. Elk Grove Village Park District Village of Elk Grove Village By: Elk Grove Village Park District President ATTEST: Secretary Craig B. Johnson By: Elk Grove Village Mayor ATTEST: Ann I. Walsh Village Clerk Page 4 of 4