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2016-02-22 - Ordinance 2016-010 - APPROVING INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF PALATINE ORDINANCE NO. 2016 - 010 AN ORDINANCE APPROVING INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF PALATINE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS,both the Village of Palatine and the Village of Buffalo Grove are participating in a water meter replacement program whereby transmitters located on each water meter will automatically transmit meter reading data electronically without the need for manual water meter readings pursuant to a Sensus Flex Net Data Collection System; and WHEREAS, as a result oft eir participation in the same water meter upgrade program, each municipality will be installing a new Sensus Flex et Fixed Base advanced meter antenna as part of its overall Advanced Metering Infrastructure, and WHEREAS,there will be one water meter transmission antenna on each Village's tower, which antenna is for use by both of the Villages; and WHEREAS, there are portions of Palatine that are best served, or in the event of a water meter data transmission issue can best be served, by the Buffalo Grove antenna; and WHEREAS, there are portions of Buffalo Grove that in the event of a water meter data transmission issue can be served, by the Palatine antenna; and WHEREAS, Palatine and Buffalo Grove deem it to be in their best interests to share electronic access to their Sensus water meter data transmission antennas to provide seamless transmission for their respective water meter replacement programs; and WHEREAS, the attached Intergovernmental Agreement between the Village of Palatine and the Village of Buffalo Grove will provide for the automatic transmission of meter reading data electronically. NOW THEREFORE BE IT ORDAINIED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. That the attached Intergovernmental Agreement between the Village of Palatine and the Village of Buffalo Grove for the Purpose of Sharing Antenna Space on Municipal Towers for the Water Meter Reading Program is hereby approved and the Village President and Village Clerk are hereby authorized to execute said Intergovernmental Agreement. 1 Section 2. This Ordinance shall be in full force and effect from and after its passage and approval. AYES: 5 - Berniari, Trilling. Stein, Ottenliefincr, Johnson NAYES: 0 - None. ABSENT: I - Weidenfeld PASSED: February 22, 2016. APPROVED: February 22, 2016. APPROVED: Beverly Sussman, Village President ATTEST: Janet Si2rabian, Village Clerk Raysa 01/08/2016 #656665 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF PALATINE AND THE VILLAGE OF BUFFALO GROVE FOR THE PURPOSE OF SHARING ANTENNA SPACE ON MUNICIPAL TOWERS FOR THE WATER METER READING PROGRAM This intergovernmental Agreement is made and entered into on the 8th day of February 2016, by and between the Village of Palatine ("Palatine") and the Village of Buffalo Grove ("Buffalo Grove"). Palatine and Buffalo Grove are collectively referred to herein as "Municipalities" and individually as "Village". This Intergovernmental Agreement, hereinafter referred to as the "Agreement", is hereby approved and adopted in the manner provided by law. WHEREAS, Article VII, Section 10, of the 1970 Constitution of the State of Illinois, and 5 ILCS 220/1 et sea, of the Illinois Compiled Statutes, (1998), authorize and encourage intergovernmental cooperation; and WHEREAS, this Agreement is entered into pursuant to the Intergovernmental Cooperation provisions of Article VII, Section 10 of the 1970 Illinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq.; and WHEREAS, Buffalo Grove maintains a communications tower on the roof of Fire Station 26 located at 1051 Highland Grove Drive in the Village of Buffalo Grove; and WHEREAS, Palatine maintains a communications tower on the Smith Street water tower located at 530 N. Smith Street, in the Village of Palatine; and WHEREAS, both Palatine and Buffalo Grove are participating in a water meter replacement program whereby transmitters located on each water meter will automatically transmit meter reading data electronically without the need for manual water meter readings pursuant to a Sensus Flex Net Data Collection System; and WHEREAS, as a result of their participation in the same water meter upgrade program, each municipality will be installing a new Sensus FlexNet FixedBase advanced meter antenna as part of its overall Advanced Metering Infrastructure; and WHEREAS, there will be one water meter transmission antenna on each tower, which antenna is for use by both Municipalities; and WHEREAS, an electronic propagation study was performed that determined the best locations for the Sensus antennas to provide the most efficient data transmission Page 1 of 3 system for the individual water meter data transmitters; and WHEREAS, there are portions of Palatine that are best served, or in the event of a water meter data transmission issue can best be served, by the Buffalo Grove antenna; and WHEREAS, there are portions of Buffalo Grove that in the event of a water meter data transmission issue can be served, by the Palatine antenna; and WHEREAS, Palatine and Buffalo Grove deem it to be in their best interests to share electronic access to their Sensus water meter data transmission antennas to provide seamless transmission for their respective water meter replacement programs. NOW THEREFORE, the Municipalities agree as follows: SECTION ONE: The purpose of this Agreement is for each municipality to allow access to the other municipality's Sensus water meter data transmission antenna to provide for seamless transmission of water meter reading data from the various water meters in the respective Municipalities to the meter billing reading software maintained by each respective Village. SECTION TWO: Each municipality agrees to allow access to its Sensus water meter reading data transmission antennas without cost to the other municipality upon reasonable notice. SECTION THREE: In the event that either Village finds it necessary to take its antenna out of service on a temporary basis, deemed to be less than 24 hours, said Village shall provide notice to the other Village's Public Works Director and Finance Director of the temporary lack of service. In the event that an antenna is anticipated to be out of service for more than 24 hours but less than 90 days then said Village shall provide written notice to the other Village's Public Works Director and Finance Director. In the event that a Village plans to permanently remove or keep the antenna out of service for more than 90 days, then said Village will provide written notice to the other Village within 7 days of the decision to remove or take the antenna out of service for more than 90 days, and also set up a meeting as soon as is reasonably practical at which both parties can discuss how best to proceed, it being the intent of the parties that each Village will provide, to the best of their ability, an antenna so located as to provide the other Village the type and extent of coverage provided by the two antenna locations contemplated by this Agreement. Notwithstanding the foregoing, this Section Three shall not be deemed to be a mandatory requirement that a Village provide continuing antenna service to the other in the event that its own corporate needs change. SECTION FOUR: Each party hereby expressly agrees to hold harmless, indemnify and defend the other party from any and all claims, demands, liability, losses, suits in Page 2 of 3 law or in equity which are made in conjunction with the use of its water meter data transmission antennas. This indemnity shall include attorneys fees and costs that may arise from the use of the water meter data transmission antennas, provided, however, that such claims made by a third party are not the result of gross negligence or willful misconduct on the part of a party to this Agreement. SECTION FIVE: This Agreement shall remain in effect for as long as both Municipalities have a Sensus Flex Net Data Collection System with Sensus USA Inc.or an antenna is out of service for more than 90 days and no agreement has been reached by the Municipalities as to its replacement. --V Mayo y/l/ President 4 Villa o of Palatine Village of Buffalo Grove ATTEST: ATTEST: Villagbtlerk Village Clerk Page 3 of 3