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HomeMy WebLinkAboutResolution # 3775 RESOLUTION NO. 3775 A RESOLUTION APPROVING AN AGREEMENT FOR RECEIPT OF CANTON FIRE DEPARTMENT RADIO SIGNAL BY SPOON RIVER COLLEGE FOR ACTIVATION OF AN OUTDOOR WARNING SIREN AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF CANTON TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON WHEREAS, Community College District No. 534 ("Spoon River College") has requested access to the Canton Fire Department's radio signal for activation of an outdoor warning siren; and WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of the proposed Agreement, a copy of which is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the City Council of the City of Canton, Illinois has determined that it is desirable and in the best interests of the City of Canton to approve said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the Agreement between the City of Canton and community College District No. 534 ("Spoon River College"), which is attached hereto and incorporated herein as Exhibit A, is hereby approved in the form attached as Exhibit A, said Agreement to be subject to and effective pursuant to the terms and conditions set forth therein. 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. r PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 17th day of October , 2006 upon a roll call vote as follows: AYES: Reed, Schenck, Carl, Meade, Sarff, West, Hartford, Berard.. NAYS: None. ABSENT: None. APPROVED: >~~~ Rodney W. Heinze Mayor ATTEST: Nancy S. hites City Clerk AGREEMENT FOR RECEIPT OF CANTON FIRE DEPARTMENT RADIO SIGNAL BY SPOON RIVER COLLEGE FOR ACTIVATION OF OUTDOOR WARNING SIREN This agreement is made on the day and year last written between the City of Canton, an Illinois Municipal Corporation, and Community College District No. 534, Fulton, Knox, Schuyler and McDonough Counties, State of Illinois ("Spoon River College"), an Illinois Community College. 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 ILLS 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 Fire Department under the provisions of the Illinois Municipal Code (65 ILCS 5/11-6-1 et. seq.) and a community college located within the territory of a Public Fire Protection District (70 ILCS 705/0.01 et. seq.); and WHEREAS, the aforesaid Fire Department operates a wireless outdoor warning siren system to notify personnel and the public of emergencies; and WHEREAS, the parties have determined that it is in their best interests to enter into an agreement whereby Spoon River College receives the City of Canton's radio signal that activates the City's outdoor warning siren system. NOW, THEREFORE, in consideration of the preceding recitals of fact for the further considerations hereinafter stated, IT IS AGREED AS FOLLOWS: 1. Installation: Spoon River College will install all necessary hardware to receive the signal and activate its siren at no cost to the City of Canton. Installation of such hardware and receipt of such signal will allow for Spoon River College's siren to activate each time the City of Canton activates its outdoor warning siren system. Spoon River College will reserve and maintain the capability of manually activating its siren. 2. System Failure: Spoon River College, 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 to activate the system in a timely manner for reasons including, but not limited to, an act of God, equipment failure, equipment malfunction, lack of information and/or inadequate manpower. 3. Accidental Activation: Spoon River College, 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 an accidental activation of the system by the City of Canton for reasons including, but not limited to, an act of God, equipment failure, equipment malfunction and/or equipment tampering. 4. Consideration: As consideration for this agreement, Spoon River College shall pay to the City of Canton one dollar ($1.00) upon the execution of this agreement. 5. 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 2 specifying the date of termination, such notice to be given at least thirty (30) calendar days prior to the specified date of termination. The written notice provided herein shall be given by personal delivery, registered mail or certified mail. 6. 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. 7. 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 day of 2006, pursuant to the authority granted by the respective governing bodies of each party. Illinois Community College District No. 534 Fulton, Knox, Schuyler and McDonough Counties, State of Illinois, an Illinois Community College By: Title: Attest: 3 Attest: -= City of Canton, an Illinois Municipal AGREEMENT FOR RECEIPT OF CANTON FIRE DEPARTMENT RADIO SIGNAL BY SPOON RIVER COLLEGE FOR ACTIVATION OF OUTDOOR WARNING SIREN This agreement is made on the day and year last written between the City of Canton, an Illinois Municipal Corporation, and Community College District No. 534, Fulton, Knox, Schuyler and McDonough Counties, State of Illinois ("Spoon River College"), an Illinois Community College. 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 intergovernrental 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 Fire Department under the provisions of the Illinois Municipal Code (65 ILCS 5/11-6-1 et. seq.) and a community college located within the territory of a Public Fire Protection District (70 ILCS 705/0.01 et. seq.); and WHEREAS, the aforesaid Fire Department operates a wireless outdoor warning siren system to notify personnel and the public of emergencies; and WHEREAS, the parties have determined that it is in their best interests to enter into an agreement whereby Spoon River College receives the City of Canton's radio signal that activates the City's outdoor warning siren system. NOW, THEREFORE, in consideration of the preceding recitals of fact for the further considerations hereinafter stated, IT IS AGREED AS FOLLOWS: 1. Installation: Spoon River College will install all necessary hardware to receive the signal and activate its siren at no cost to the City of Canton. Installation of such hardware and receipt of such signal will allow for Spoon River College's siren to activate each time the City of Canton activates its outdoor warning siren system. Spoon River College will reserve and maintain the capability of manually activating its siren. 2. System Failure: Spoon River College, 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 to activate the system in a timely manner for reasons including, but not limited to, an act of God, equipment failure, equipment malfunction, lack of information and/or inadequate manpower. 3. Accidental Activation: Spoon River College, 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 an accidental activation of the system by the City of Canton for reasons including, but not limited to, an act of God, equipment failure, equipment malfunction and/or equipment tampering. 4. Consideration: As consideration for this agreement, Spoon River College shall pay to the City of Canton one dollar ($1.00) upon the execution of this agreement. 5. 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 2 specifying the date of termination, such notice to be given at least thirty (30) calendar days prior to the specified date of termination. The written notice provided herein shall be given by personal delivery, registered mail or certified mail. 6. 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. 7. 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 maybe 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 day of , 2006, pursuant to the authority granted by the respective governing bodies of each party. Illinois Community College District No. 534 Fulton, Knox, Schuyler and McDonough Counties, State of Illinois, an Illinois Community College By: Title: Attest: 3 City of Canton, an Illinois Municipal Corporation sy: Title: Attest: