2002-29• 0
RESOLUTION NO. 2002 -_29
A RESOLUTION APPROVING AN INTERGOVERNMENT AGREEMENT
WITH APTAKISIC TRIPP COMMUNITY CONSOLIDATED SCHOOL DISTRICT #102
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) provides that any
power or powers, privileges or authority exercised or which may be exercised by a unit of local
government may be exercised jointly with any other unit of local government; and
WHEREAS, the Office of the Village Manager, Management Information Services Division, is
recommending approval of an Intergovernmental Agreement to improve operations and for cost
effectiveness of developing, maintaining and installing a 5.8 Ghz wireless communications system;
and
WHEREAS, the participation of Aptakisic Tripp Community Consolidated School District #102
will offset a portion of the costs of acquisition, installation and maintenance of the Network. The
allocation shall be based upon a sharing formula between all participating units of local government.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows:
Section 1. The President and Board of Trustees of the Village of Buffalo Grove support an
Intergovernmental Agreement for the development, installation, and maintenance of a 5.8 Ghz
wireless communications system.
Section 2. The Village President and Village Clerk of the Village of Buffalo Grove are hereby
authorized to execute the Intergovernmental Agreement, a copy of which is attached hereto as Exhibit
A.
Section 3. This Resolution shall be in full force and effect from and after its passage and
approval.
AYES:
NAYS:
ABSENT:
ABSTAIN:
PASSED
Attest:
Village Clerk
5 - Braiman, Glover, Berman, Johnson, Trilling
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1 —Kahn
0 - None
June 3. 2002 APPROVED: June 3. 2002
Approved:
Village President
AGREEMENT
This Intergovernmental Agreement, made and, entered into by and between the
Village of Buffalo Grove, a body politic and municipal corporation of the State
of Illinois (hereinafter called "Village ") and Aptakisic Tripp Community
Consolidated School District #102, a body politic and corporate of the State of
Illinois (hereinafter called "District ").
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and
5 /ILCS 220/1 et seq. authorize units of local government to contract or otherwise
associate among themselves to obtain or share services, to exercise, combine or
transfer any power or function, in any manner not prohibited by law, to use their
credit, revenues and other reserves to pay costs and to service debt related to
intergovernmental activities; and
WHEREAS, the Village of Buffalo Grove and Aptakisic Tripp Community
Consolidated School District #102 are public agencies as that term is defined in
the Intergovernmental Cooperation Act (5 ILCS 220 /1 et seq.); and
WHEREAS, the District desires to participate with the Village, in the
development, installation and maintenance of a 5.8 Ghz wireless communications
system (hereinafter called "Network ") for District use in partnership with the
Village and possibly other public agencies in the future; and
WHEREAS, the Network is defined as a hub site at the Village Hall, 50
Raupp Boulevard, Buffalo Grove, IL and further consisting of a communications
antenna as well as specific support equipment along with annual maintenance
charges incurred by Village to maintain the Network, all of which to be further
identified by the Village's Director of Management Information Systems; and
WHEREAS, the District has offered to participate in assisting the Village
to the extent of offsetting a portion of the costs of acquisition, installation
and maintenance of the Network, the allocation of such costs to be based upon a
sharing formula; and
WHEREAS, the basis of cost allocation shall be based on a pre- arranged
sharing formula whereby the Village allocation is equal to three (3) shares,
school districts equal to two (2) shares for each participating district and
Buffalo Grove Park District equal to one (1) share. Total Network shall be
calculated per share based on the total participant shares and allocated times
the number of shares applicable at any given time; and
WHEREAS, it is in the mutual best interests of both parties hereto to
delineate said terms and responsibilities regarding the extent of the District's
financial participation in the improvement work to be undertaken by the Village.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the above recitals, and other good and valuable consideration, the parties hereto
agree as follows:
1.The Village will be responsible for the design, acquisition,
installation, maintenance and payment of and for the hub of the Network.
2. The Village will be responsible for maintaining the working condition
of the hub of the Network. The Village will provide "Best Efforts" in
maintaining the hub site with a goal of being operational 100% of the time. The
Village shall have at its discretion the ability to contract for supplemental
help if there is a Network outage. All charges associated with maintenance of
a non - functioning hub station shall be charged back to the participating parties
based on their proportionate shares.
3. The District shall be responsible, based on participation at the time
of this Agreement (Village, District and Buffalo Grove Park District -total 6
shares), for 33% of the all applicable Network hub costs.
4. The District shall be responsible for all of the costs that may be
associated with the acquisition, installation and maintenance of non - Network hub
equipment required to utilize the Network.
5. All bids received by the Village for Network components are subject to
approval by the District, which approval shall not be unreasonably withheld.
6. The District, upon completion and acceptance of the Network by both
Village and District shall reimburse the Village a sum not to exceed 33% of all
hub costs. In addition, on an annual basis, the District shall reimburse the
Village for 33% of applicable charges required to maintain the hub of the
Network, which shall be limited to maintenance, repair, service provider charges
or contract amounts.
7. The Village shall invoice the District for said amounts to be
reimbursed for the Network contemplated under this Agreement. Said invoice(s)
shall include any and all appropriate documentation to support the amount to be
reimbursed. The Village shall also provide the appropriate documentation to the
District that the Network has been accepted as operational and functional by the
Village.
8. The District shall reimburse the Village within thirty (30) days after
receipt of invoices and supporting documentation along with evidence that the
Network is acceptable to both Village and District.
9. Should additional public agencies beyond those noted in Section 2
become parties to a similar Agreement and the allocation of shares should change,
the Village will recalculate all incurred hub Network expenses due on a per share
basis. Any credit due District as determined by such calculation shall be
refunded to District. By means of example, such recalculation is attached as
Exhibit "A"
10. The District does hereby indemnify, save harmless and defend the
Village, and their respective agents, servants, officials and employees against
any and all liability, loss or damage suffered as a result of any and all suits,
actions, legal proceedings, claims, demands, costs, judgement, expenses and
attorneys fees, in any manner caused by, arising from, incident to, connected
with or growing out of, this Agreement.
11. The term of this Agreement shall be for three (3) years beginning as
of July 1, 2002 with two additional one (1) year extensions for a total of five
(5) years. Each additional annual extensions shall be upon terms mutually
acceptable to both parties.
Additionally, either party to this Agreement, upon ninety (90) days notice
to the other party may terminate this Agreement for cause. At termination, for
whatever reason, all rights and obligations of each party shall terminate other
than the requirement to reimburse any financial obligations that may have been
due the Village.
This Agreement shall be binding and inure to the benefit of the parties
hereto, their successors and assigns.
In witness whereof, the Village and District have caused this Agreement to
be executed by their respective officials on the dates as shown.
Village of Buffalo Grove
By:
Its
Dat
ATTEST:
VilC Clerk
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Aptakisic Tripp C.C.S-D. #102
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By: A�t�& &zh-x�
Its: Board P esident
Dated: June 24, 2002
,2002
ATTEST:
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Secretary