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HomeMy WebLinkAboutResolution # 3815~~. RESOLUTION NO. 3815 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CANTON AND CANTON UNION SCHOOL DISTRICT NO. 66 AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the Public Safety Committee of the City of Canton has determined that it is necessary and in the best interest to enter into an agreement with Canton Union School District No. 66 as set forth in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the City Council of the City of Canton has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby approved by the Canton City Council. 2. That the Mayor and the City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this day of 2007 upon a roll call vote as follows: AYES: NAYS: ABSENT: ATTEST: ~.~~ ~ . Nancy S. Whites, City Clerk P R V D: Rodney W. Heinze, Mayor ~= Intergovernmental Agreement to provide the Canton Union School District No. 66 with Portable Radios from the Canton Police Department This agreement is made on the day and year last written between the City of Canton's Police Department ("Department"), an Illinois Municipal Corporation, and the Canton Union School District No. 66 ("District"), an Illinois Public School operating under the Illinois School Code. WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to enter into intergovernmental arrangements and agreements or to otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et. seq.) defines "public agency" as "any unit of local government as defined in the Illinois Constitution of 1970, any school district, any public community college district ...and any combination of the above pursuant to an intergovernmental agreement which includes provisions for a governing body of the agency created by the agreement" (5 ILCS 220/2); and WHEREAS, Section 3 of the Intergovernmental Cooperation Act (5 ILCS 220/3) provides that "[a]ny power or powers, privileges, functions, or authority exercised or which may be exercised by a public agency of this State may be exercised, combined, transferred, and enjoyed jointly with any other public agency of this State;" and WHEREAS, Section 5 of the Intergovernmental Cooperation Act (5 ILCS 220/5) provides that "[a]ny one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be approved by the governing bodies of each party to the contract;" and WHEREAS, the parties to this agreement consist of a municipality operating a Police Department under provisions of the Illinois Municipal Code (65 ILCS 5/11-1-1 et. seq.) and a Public School operating under the Illinois School Code (105 ILCS 5/1 et. seq.). WHEREAS, the aforesaid Department operates a portable radio system; and WHEREAS, the portable radio system can be used in times of emergency for communication; and +- , WHEREAS, the parties have determined that it is in their best interests to enter into an agreement whereby the Department provides each of the District schools with a portable radio that could be used for emergency situations if communication with the Police Department was made impossible or improbable via traditional means; and. NOW, THEREFORE, in consideration of the preceding recitals of fact for the further considerations hereinafter stated, IT IS AGREED AS FOLLOWS: 1. Hardware: The Department will provide the District with six (6) portable radios to be placed in each of the school buildings at a secure location of the District's choice. 2. Maintenance: The District will assume responsibility for all maintenance of the portable radios. 3. Use: The District agrees to only use the portable radios in emergency situations where communication with the Police Department or other governmental agencies has become impossible or improbable via traditional means. 4. System Failure: The District, its successors and assigns, do hereby remise, release and discharge the City, its Aldermen, departments, officers, agents and employees from any and all liability which may arise due to a failure of the City of Canton for failure of the portable communication system for reasons including, but not limited to, an act of God, equipment failure, equipment malfunction, lack of information and/or inadequate manpower. 5. Consideration: As consideration for this agreement, the District shall pay to the City of Canton one dollar ($1.00) upon the execution of this agreement. 6. Effective Date/Term/Termination: This agreement shall be in effect on the date it is fully executed by the duly authorized officers of each party and will remain in effect for a term of one year from the date of execution. Unless terminated in the manner provided for below, it shall automatically renew for successive one-year terms. This agreement shall remain in effect until such time as either party to this agreement requests that the terms of the agreement be reviewed and/or a new agreement is executed. Any party hereto may terminate its participation in this agreement at any time, provided that the party that wishes to terminate the agreement provides written notice to the other party specifying the date of termination, such notice to be given at least thirty (30) calendar 2 days prior to the specified date of termination. The written notice provided herein shall be given by personal delivery, registered mail or certified mail. 7. Notices: All notices hereunder shall be in writing and shall be served personally, by registered mail or certified mail to the parties at such address as each party may from time to time designate. 8. General Terms: This agreement shall be binding upon and inure to the benefit of any successor entity which may assume the obligations of any party hereto, provided, however, that this agreement may not be assigned by a party without prior written consent of the other party, which consent shall not be unreasonably withheld. This agreement shall be governed by and construed under the laws of the State of Illinois. A declaration of the invalidity of any provision of this agreement shall not render invalid any other provision. If, for any reason, any provision of this agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severable and this agreement may be enforced with that provision severed or modified by court order. This agreement may be executed in multiple counterparts or duplicate originals, each of which shall constitute and be deemed as one and the same document. In Witness, the parties have executed this Agreement by authorized officials in Canton, Illinois this 16th day of Ju1Y , 2007, pursuant to the authority granted by the respective governing bodies of each party. Canton Union School District No. 66 By: Title: President. Board o ducation Attest: -SIGNATURES CONTINUED ON NEXT PAGE- 3 -~. Attest: ~~ ~S. ~~ - END OF DOCUMENT- City of Canton, an Illinois Municipal