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1995-02-06 - Resolution 1995-06 - APPROVING THE FIRE TRAINING FACILITY AGREEMENTRESOLUT rON NO. S5-_5.__ RESOLUTION APPROVING THE TRA IN ING FACILITY AGREEMENTFIRE WHEREAS, the Vil lage of Buffalo Grove and the Village of Wheeling are Home Rule municipalities pursuant to the lllinois Const itut ion of 197O; and WHEREAS, the part ies hereto are author ized to enter into th is agreement pursuant to Sect ion 1O of Art icle Vll of the I I I ino is Const itut ion of 1970, the prov is ions of the lntergovernmenta I Cooperat ion Act , app I icab le author ity: and 5 ILCS 220/1 el seq. and other WHEREAS, Long Grove, pursuant to 70 ILCS 705/6, has the power to enter into mult i-year contracts for the instal lment purchase of persona I property; and WHEREAS, it is the intent of the part ies hereto to develop, construct and operate a Fire Training Facility in Buf falo Grove. which shall be persona I property subject to a ground lease; and WHEREAS, it is the intent ion of the part ies hereto that none shall be a customer of the others, but rather this facility and all future improvements shall be constructed and operated with construct ion costs, costs of add it ions, and costs of operat ion and ma intenance being divided among them in a fair and equitable manner as set forth in the Fire Training Facility Agreement; and WHEREAS, the Fire Training Facility Agreement is made for the purpose of promot ing the public health, safety and welfare of the citizens of Buffalo Grove, Wheeling and the Long Grove Rural F ine Protect ion D istr ict NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE V ILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNT IES, I LL INO lS, as follows: Sect ion 1. The V il lage Pres ident and the V i I lage Clerk are hereby author ized to execute the attached agreement ent itled "Fire Training Facility Agreement " between the Village of Buffalo Grove, the V il lage of lYheel ing and the Long Grove Rural F ire Protect ion D istr ict. Sect ion 2. Th is Resolut ion shal I be in ful I force and effect from and after its passage and approval. 5 - Marlentha'l . Reld- Rrrhin-raiman. Hendricks. MoonsAYES: NAYS:0 - None 0 - NoneABSENT: PASSED: APPROVED ATTEST: Fehrnarv 6 Fehrrrarv 5 19S5 . 1995 . APP RO V i I I age Pres iden t 8-"8.-r., Village C lerk oL/24 / es , 199!:, by and beE.ween t.he ViJ.lage of Buffalov crove, Illinois (hereinafter ,,Buffalo Grove',), an Illinois municipal corporaEion; the VilJ.age of WheeIing, Illinois (hereinafEer "Wheeling"), an Illinois municipal corporation, and Long Grove Rural Fire Protection DisEricE (hereinafEer ,,Long Groverr) , a fire proEection district organized pursuant to the laws of t.he State of Illinois. WITNESSETH! WHEREAS, both Buffalo Grove and Wheeling are Home Rule municipaliEies pursuanE. to the Illinois ConstituEion of 1970,. and WHEREAS, the parties hereto are aut.horized to encer into this Agreements :pursuanE Eo Section 10 of Article VII of the Illinois ConsEiEuEion of 19?0, the provisions of t.he Intergovernmenta I Cooperat.ion Act, 5 TLCS 220/l eE seo. and other applicable authority; and WHEREAS, Long Grove, pursuant. to 70 ILCS '105/5, has Ehe power Eo enter inEo mulEi-year conEracEs for Ehe ins-"alLment, purchase of personal properLy; and WHEREAS, iE is the inEenE of the part.ies heret.o to develop, consErucE and operaEe a Fire Training Facility in Buffalo Grove. which shal1 be personaL properEy subjecE t.o a ground lease; and FTRE TRATNING FACTLITY AGREEII{ENT This Agreements is made and ent.ered inEo this I day of WHEREAS, it is Ehe int.ent.ion of Ehe parEies hereto that none shal1 be a customer of the ot.hers, but. ratsher this facility and all fut.ure improvements shall be constructed and operated rrith construction cosEs, costs of additions, and costs of operation and maintenance being divided among Ehem in a fair and equitable manner as set forth hereinaf t.er with greater specif icity,. and WHEREAS, E.his AgreemenE j.s made for the purpose of promoEing the public heaLth, safeE.y and welfare of the citizens of Buffalo Grove, Wheeling and Long Grove. NOW, THEREFORE, in consideraEion of the foregoing, and Ehe muEual covenanEs and agreemenEs hereinafter set forEh, the parties hereto hereby agree as follows: 1 . Recilals.The foregoing reciEals are incorporated into this Agreement. by this reference. 2.efinitions. A, ,'CommitEee', means the Fire Training paciIiE.y Committee established pursuant to Section 4 hereof. B. ,'Fire Training Facility'r means the five working 1eve1 Eraining st.rucEure with attached Eh,o story st.ructure which includes two burn rooms and cont.rol station, LpG Hazardous Materials trainer, LpG storage Eank, below grade Eraining tunnel and shaft., flammable liquids burning pit, railroad tank car, SWEDE Flashover container, emergency vehicle driving course, mobile classroom, necessary appurtenances and all necessary site improvement.s to effectuaEe t.he foregoing. -2- Fire Training FaciliEy shall also include such future improvement.s and/or changes undertaken with the joint authorizat.ion of a11 the Members. The Fire Training FaciIiEy is and shall be personal properEy owned by the Members . C. ,,Facility Sit.en means the real properEy set forth in SecEion 3 hereof upon which Ehe Fire Training Facility will be located. D. ,Member, or ',Membersr means Ehe Village of Buffalo Grove, Village of Wheeling, and Long crove Rural Fire ProEection DisErict as weII as aI1 other Members who become parties tso Ehis Agreement, 3. Location and Lease. A. The Fire Training Facilit.y sha11 be located on the following 1ega11y described real propert.y in Buffalo Grove: LoLs 11 through 18 in Covingt.on Corporate Cent.er UniE1, being a subdivision in the Sout.h 1/2 of SecEion 2?and che NorEh t/2 of Section 34, Township 43 North,Range 11, East. of the Third principal Meridian. in LakeCounty. I11inois, plat of subdivision recorded ,June 2{,1987 in Lake CounEy, Illinois as DocumenE Number 2582920 . Approximately 4 .5?51 acres PIN: l-5-34-205-001 through 15-34-205-008 (hereinaf E.er someE.imes ref erred t,o as ,,FaciliEy Site', ) . The Facilit,y SiEe shaII be owned and controlled by Buf fal.o Grove except as seE. forth in this Agreement. B. For and in consideration of t.he execut.ion of this agreement. and ot.her good and valuable consideration Buffalo -3- Grove does hereby lease t.he FaciliE.y Site (less the Buffalo Grove fire staEion area as will be shown on the final approved site plan) to the parEies hereto for Ehe term and purposes seE forE.h in t.his Agreement Fire Tral.ninq FacLtLtv Colrgri Etee. A. A permanent. committee to be known as t,he Fire Training Facilit.y Commit.Eee (t.he ocommj.t.tee,,) is hereby established. The CommitE.ee shall be composed of one individual from each Member. The individual represenEaE.ive shall be appointed as determined by t.he Member. Al1 of said appointments shall be made within t.hirt.y (30) days from t.he daEe of this Agreement and writ.t.en notice of said appoint.ments shalL be given by each part.y t.o aII other part.ies hereto. B. The purpose of t.he CommiEtee shal1 be Eo provide administraEive direcEion for all operations of the Fire Training Facility and at.tendant matcers, including the construction of improvements, C. Decisions of the Commi t. t.ee shail be made by a majority vote . D. AI1 appointees under paragraph A above shall serve aE Ehe discretion of the appointing authority and any vacancy occurring on said CommiEt.ee for any reason shal1 be filled wiEhin thirt.y (30) days by said appoinring authorir,y with writEen notice of said new appointmenE being provi.ded Eo all other parEies hereto, 4 -4- E. The CommiEtee shall adopE. such rules of procedure as iE deems advisable, and shall esE.ablish al1 necessary rules and regulations concerning t.he operacion and use of Ehe Fire Training Facility. F. The Committee sha1l meet. quarterly, elecE officers, keep minuE.es, and comply with the Illinois Open MeeEings Act . 5 Const tion of ImD eme nts. A. The parties hereEo shall mutually designate an architecE. to design the Fire Training Facility utilizing the assistance of a recommendation by the Commit.t.ee. B. After Ehe preparation of Ehe final plans and specifications for and preliminary budget for the Fire Training Facility, and afEer approval of same by the Members, the archit.ect shall submit said plans and specifications to bid under procedures reguired for public proj ects. C. The award of the bid to a general contractor shalI be after the joint approval of all Members. D. If no cont.ract is awarded pursuant Eo paragraph C. above within twenE.y-four (24) monlhs from the effective date of this Agreement. t.hen the funds remaining in Lbe account. est.ablished under SecEion 6 hereof will. be returned on a pro raEa basis to t.he Members, afEer all proper expenses arising from this Agreement. have been paid and Ehis Agreement, shalI then be E.erminated and of no furEher force or effect. -5- 6 . ConatrucCl,on FLnanc:tnq. A. The esE.imat.ed design and consEruct.ion budget. of the Fire Training FaciliEy is S540,OOO.OO in accordance wiEh Ehe estimaLed budgeE as att.ached heret.o as Appendix ',A,. The esEimaEed budget. shall not be exceeded by more than 15* without t.he consent of aL1 t.he Members. fn order Eo allot, for sEepped const.ruc!ion, costs have been allocaEed as fol lows : Upon execution of Agreement NoE. Iater than ,June 1, 1995 Not. later t.han June 1, 199G NoE lat.er t.han ,June f , 1997 $( s s 90,000.00 210,000.00 135,000.00 105.000.00 TOTAL g 540,000.00 B. Each Member shall pay its cont.ribuEion based upon one third of Ehe est.imated budgeE amount as shown above, C. For purposes of administration. paymenEs shal1 be made to a separate escrohr account. established by Buffalo Grove Eo b.e known as the ,'Fire Traj.ning FaciliE.y Construc- Eion Account.i payments sha11 only be made ouE of said account. for design and const.ruction of the Fire Training Facilicy. A11 excess funds. after fu1l const.ruction of Ehe Fire Training Facility shalI be deposited in Ehe ,,Fire Training Facility Maint.enance Account', provided for in Sect.ion 7 hereof 7.Fire Traininq F cilitv Ac counts A. The Commit.tee, on or before Novernber 1 year. sha11 prepare and submiE to each Member a of each budget. for -6- \'/ \-/ the operation and maj.ntenance of the Fire Trainlng Eacility for the upcoming year. The fiscal- year sha1l be May 1 thxough Apr11 30th. Operation and maintenance shall include, but not by way of limitation, building and grounds maintenance, facility and site enhancements, insurance premiurns, auditing costs and capital equipment and facilities replacement. Upon the approval of said budget by all Members each Menber shall- make its palment on or before ,June 1st of said fiscal year. B. The Connittee shall establish a "Flre Training Eacllity Maintenance Account' into which each Member shal-L make its deposit. Expenditures from said account sha1l be made upon approval of a majority of the Confirittee. No expenditures in excess of $5,000 shall be made from said Maintenance Account without the Joint approval of all the Menbers unless said expenditure is specifically delineated on the approved budget. C. The Comnittee shal,l- also estabLish a "Pire Traininqr Facillty Capital Acguisition and Replacement Account." D. The Connittee sha1l on or before Novenber Lst of each year render an audited accounting of the previous fj.scal year to each Member. E. F'or purposes of adninlstration, aI1 the Fire Training Facility accounts shal1 be established and maintained by Buffalo Grove, 8. Delinducnt tl5bers. In order to naintain its status as a party in good standing to this Agreenent, each Menber nust keep 7 ' \. \s/ currenE wit.h paymenE of its share of the const.ruct.ion financing and mainEenance fees hereunder. Should any Member fail to mainEain good st.anding as above, the remaining Membere (by majority vote) may suspend che delinquent. Menibers use of the Fire Training FaciIit.y or any other privileges hereunder, but E.he delinquenE Member shall conEinue Eo be responsible for any unpaid portion of Ehe consEruct.ion financing or maintenance fees due hereunder. The ot.her Mer bers in good standing are auE.horized hereunder Eo use every legal means available Eo collect sums due from other Members which are a parEy to Ehis Agreement. 9. Use of Fire TrainLnq Facillty. A. The use of the Fire Training Facilit.y shaI1 be limited tso the Members and may be r,rade available for other recognJ-zed bona fide fire departments, 1aw enforcement. agencies, rescue and other emergency uniEs and other governmenEal agencies in accordance vrit.h t.he rules and regulations adopted by Ehe Members. B. Should the rire Training iacility be damaged or destroyed through Ehe negligence of any I'iember or renEing agency, it. shal1 be Ehe responsibiliEy oi'that. parLy to pay for any and all damages done t.o Ehcse facilities. 10. Buffalo Grove Fire StaEion. It is undersiood and agreed by the parties hereto Ehat Buffalo Grove may const.rucE, a fire staE.ion (including classrooms) on E::e Facility Sit.e as will be shown on the final approved sice plan. -8- \.J The parties reserve unto them- selves the righE. t.o al1ow new members to parEicipate in thie Agreement upon such terms and conditions as Ehe originar Mernbera shall jointly agree. Any ne$, Members shall pay at. least one_ Ehird (1/3) of t.he acE.ual construction costs as an initial conEri.bution which sha11 be paid in egual inst.allments over a period not to exceed four (4) years. 12. Deparbin qM ember.Any Member may cease it.s use of Ehe Fire Training FaciliE.y upon a minimum 180 day written notice to Ehe oEher Members. Upon such cessation, the departing Member shaI1 be entiEled to receive its proportionate share Ehen remaining in che Maintenance Account less 15?. No refund or reimbursemenE shatl be made Eo Ehe departing Member of any monies used for const.rucEion financing pursuant t.o section 5 hereof. 13. Termin ation By Buffalo ove:Gr A. Buffalo Grove sha11 have the right. E.o E.erminate the other Members use of t.he Fire Training Facility, the FaciliEy SiE.e, and this AgreemenE. but only upon compliance with Ehe following: 1. a minimum 180 day writEen not.ice to the other Members, and 2. paymenE to t.he other Members of their proportionat.e share then remaining in t.he lrtaintenance Account, and; 3. pa)rment Eo Ehe other Members of the value of Ehe Fire Training Facility 11.Ne\.,Membe rs Bu\r-fn. depreciaEed ( including -9- \*,/ \/ capit.al acquisit.ion and replacemenE costs) using the sEraight. line method of depreciation over 20 years, and;. a giuarantee that. the Facility Site shall noE be used as a fire Eraining facility. The foregoing shaII not limiE. Buffalo Grove,s use of the FaciliE.y Site for a use ot.her Ehan fire t.raining. 74.Amen ents No modification, addition, delet. ion. revision, alteration or other change to this Agreement. sha1l be effective unless and until such change is reduced Eo writing and execuEed and delivered by the parties hereEo. 15.fnd ifica LOn . 4. t A. Each parEy hereEo agrees to waive a1I claims againse all other parties hereto for any 1oss, damage, personal injury or death occurring in consequence of Ehis AgreemenEi provided, however, thaE such claim is not. a result of gross negligence or willful misconduct by a party hereto or its personnel. B. Each part.y heret.o hereby expressly agrees Eo hofd harmless, indemnify and defend oEher Members and Ehej.r personnel from any and alI c).aims, demands, liabilit.y, losses, suit.s in 1aw or in equity which are made by a third part.y. This indemniey shal1 incr-ude att.orney fees and cosEs that may arise as a consequence of said claim. provided, however, that a1l employee benefits, wage and disability payments, pensions, workman,s compensation claims, damage to -10- \.,, \v. or destruct.ion of equipment. and clothing, and medical expenses of each Member sha1l be the sole and exclusive responsibility of that. Member for its employees, provided, however, E.hat such claims made by a third party are not t.he result. of gross negligence or willful misconducE on t.he part. of another Member or Eheir personnel. l-5. covernincr Laws. This AgreemdnE and Ehe right.s of Lhe parLies hereunder sha1l be inEerpreted according Eo Lhe raws of the State of I1l inois. lca tiona.A11 written communications related to this Agreement. shall be addressed and delivered as follows: 1f Eo Buffalo Grove:Village of Buffalo GroveAttention: Village ManagerVillage of Buffalo Grove 50 Raupp BoulevardBuffalo crove, IL. GO089 With a copy to:Village of Buffalo GroveAt.t.ention: Fire Chief 1051 Highland Grove DriveBuffalo Grove, IL. 50089 If Eo WheeJ ing :Village of Wheel ing AEtent.ion: Village Manager 255 W. Dundee RoadI,lbeeling, IL. 6OO9O Wi Eh a copy t.o :Vi.11age of t^theel ing At.tenE.ion: Fire Chief 255 W. Dundee RoadWheeling, IL. GOOgO If to Long Grove:Long Grove Rural pire protection Di sC ri ct.AEtention: District. president Box 1r-65RFD Long crove, IL. EO04? Long Grove Rural Fire protect.ion DistricE With a copy to: a7. c -11- \J Att.ent ion: Pire Chief Box 115 5 RFD Long crove. IL. 60047 The address of any party may be changed by hrritten notice delivered to the other parties hereto. AII new Members shall provide an appropriat.e address for notificaEion. 18. Asslcrnment,. A. No party to this Agreement. shall assign any rights hereunder without t.he consent of the oEher parties. B. All of E.he terms and provisions hereof shal1 be binding upon and inure to the benefit of the parties hereEo, their successors and permitted assigns. 19. TerminatLon. ExcepE as otherwise set. forth herein, Ehis Agreement may only be terminated or ainended upon the joint approval of all Ehe parties hereto. 20. Effective Date. A. This Agreement shafL be effective upon its execution by all the parties hereto. B. This Agreement may be signed in counterparts, which, when Eaken together, shal1 consrituEe Ehe entire AgreemenE. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be signed and delivered on its behalf. VI LLAGE F By, I 11a Pres i ent -72- ATTEST : ATTEST : ATTEST : age c er VILLAGE OF WHEELTNG By 1I age Pres nt. IJONG GROVE RURAIJ FIRE PROTECTION DI STRICT By Pre s den t. reEary ,N0tS -13- S ite C lear ino 2.5 Acres @ $l,5Oo/acre @ $3/C.Y. API )IX .,A" TO FIRE.TRAINING F 'ILITY.'- AGiIEEMENT REGIONAL AREA JOINT TRAINING FACILITY Buffalo Grove, I I I inois Revised Opinion of Probable Costs November 17, 1992 S ite Excava t ion 4,O33 C.Y. Berms 1,155 C rrench rno ro . Y. @ 53,/C. Y r Ut il it ies Caged laCder and $ 3,750 12 , OOO 3,465 8,250 6,776 48 , 400 95 , OOO 447 6,OOO 1 ,960 146, 867 45 , OOO 6,072 11,OOO 23,500 936 756 500 I,OOO 18 , OOO 750 C. Y. @ s 1 1/c. Y. ine Grad i r Pavemen 12 , 100 @ s. 50,/s. Y. SE OUT S raff ic Bon 12,1OO S.Y. @ S4,/S.Y. Asohalt Pavinc 1 1 ,800 S.Y. @ S8/S.Y. Str ioo ino @ Asoha lt 1720 L. F. @ S.20/L.F. rete Pa tk f L. F. @ $7/1. F. S.Y n 333 S.Y. @ S18/S.Y. Concret e Curbs 280 Tra in ino Tower lnc lud inp: Spr ink ler system, with F.D.C(2) 12 x 12 burn rocms Steel Erect ion ... Burn Room Install Founda t ion ... Swede Flashover Tra iner inc. fre ight & instal I Railroad iies 24 @ $39 each Rails 120' @ s84/L.F. Ba I las t 60'@ $12l1 .F. ( Dona t ion ) Tr ee Mock -uo Rescue Tunne I o Prooane Tanks ( 12.OOO oa I lon) A.-iND I X FIRE TRAININ ACREE}'ENT (A CILITY P I umb inq water Supp ly 400 L.F. 200 L. F. 600 L.F. @ $13.40 L.F @ $ 6.00 L.F @ $ 4. oolL.F 5,360 1,200 2 ,400 2,OOOHydr an t s 4 @ s500 2- 1/2^ G lobe (4) 3" Standp ipe 30 L.F. @ $21/L.F . ro istr i 260 L.F. La 57.45/l .F. Pump s E I ec t r ica I Serv ice Pa ne I Trans former Trench ing Ext. L ight ing (F ixture & 25Ow H. I .0. Lamp 8 @ S5OO each A luril inum poles,/concrete bases 4 @ $3 , 5OO each Wall Mtd. lOOw 5 @ 53 10 H D Inter ior L ight ing \'/a I I l',lTD 15Ow I ncandescen t 15 e s100 Out lets Sw itches TOTA L 7% Arch itectura I Fees. 3X Construct ion Management Fees GRAND TOTAL 630 1 ,937 3,OOO 200 760 'I . 500 1,OOO 1.OOO 4,OOO 14 , OOO 1 ,550 1 ,500 840 840 $ 4SO,396 34,328 14,712 .....$ 539,436 TCA 1842 4" S iamese (1) ..