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HomeMy WebLinkAbout96-251 Resolution No. 96-251 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH ELGIN COMMUNITY COLLEGE, GAIL BORDEN PUBLIC LIBRARY AND PUBLIC SCHOOL BOARD DISTRICT U-46 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an intergovernmental agreement on behalf of the City of Elgin with Elgin Community College, Gail Borden Public Library and Public School Board District U-46 for the use of the institutional network ELGINET, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: August 28, 1996 Adopted: August 28, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ELGINET AGREEMENT THIS AGREEMENT is made and entered into this a.A.K day of 1996, by and between the City of Elgin, Illinois, a nicipal corporation (hereinafter referred to as "City") ; Community College District No. 509, a public community college, commonly known as Elgin Community College (hereinafter referred to as "ECC") ; Gail Borden Public Library, a public library district (hereinafter referred to as "Library" ) ; and Public School Board District U-46, a public school board district (hereinafter referred to as "U-46" ) . WHEREAS, City is a municipal corporation organized and existing under the authority of the Illinois Municipal Code of 1961, 65 ILCS 5/1-1-1 et seq. , and predecessor statutes, and having those home rule powers granted pursuant to Article VII, Section 6 of the 1970 Illinois Constitution; and WHEREAS, ECC is a community college district organized and existing under the authority of the Public Community College Act, 110 ILCS 805/1-1 et seq. ; and WHEREAS, Library is a public library district organized and existing under the authority of the Public Library District Act of 1991, 75 ILCS 16/1-1 et seq. ; and WHEREAS, U-46 is a public school district organized and existing under the authority of the School Code, 105 ILCS 5/1-1 et seq. ; and WHEREAS, this agreement is executed pursuant to the provisions of Article VII, Section 10 of the Constitution of Illinois of 1970, and pursuant to the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. , it being the intention of the parties hereto to exercise to the fullest extent permitted by law the authority granted to them under the aforementioned constitutional and statutory provisions; and WHEREAS, City, through a cable franchise agreement dated £CG, /7 , 19,y, and Library, through the receipt of funds awarded to Library by the Illinois State Library pursuant to a grant awarded pursuant to the federal Library Services and Construction Act, have created the opportunity to the parties hereto to participate in a cooperative electronic communication network (hereinafter referred to as "Elginet") ; and WHEREAS, City owns certain fiber-optic cable which has been laid in, under, through, upon and over the property of the parties herein, which fiber-optic cable is capable of providing access to and transmission of computer data in the manner contemplated by this agreement (hereinafter referred to as "Cable" ) ; and WHEREAS, the parties hereto have each determined it to be in their best interests to establish Elginet as a working educational resource for the citizens of City and the surrounding areas; and WHEREAS, the parties hereto have determined that communications technology represents a unique and important educational resource for the general population. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : 1 . As used herein, the following words and phrases shall have the following meanings: a) "Data" shall mean that computer data, including, but not limited to, sound and video, which is lawfully made available by each party hereto to all other parties hereto, at each party's sole discretion. b) "Cable access costs" shall mean costs arising out or in connection with any party' s connection to Cables. 2 . Each party hereto shall permit access to data to each other party hereto through Cables, and shall use its best efforts to repair equipment damage in a timely manner. 3 . No party hereto shall make computer data available to any other party in an unlawful manner. Each party hereto hereby indemnifies and holds harmless each other party hereto, and each other party' s designated representative as provided herein, from and against any and all causes of action, claims for damages, suits and any and all other liability, excluding attorney' s fees, which may arise out of, or in connection with, or which may be claimed or alleged to have arisen out of or in connection with, such indemnifying party' s negligent or unlawful performance of the terms of this agreement. 4 . Each party hereto may permit access to data pursuant to this agreement to any other person in such party' s sole discretion. 5 . Each party hereto shall be solely liable for its own costs incurred in the purchase of equipment, services or other costs arising out of or in connection with the terms of this agreement. Costs for repair and maintenance of Cables shall be paid by City subject to the provisions of paragraph 6 herein; provided, however, that City shall not be liable for cable access costs . -2- 6 . Repair and maintenance of Cables shall be at City's sole discretion. City shall not be required to repair or maintain Cables . 7 . Each party hereto shall designate a representative for notice and communication purposes . City' s representative shall administer, coordinate and supervise the overall use of data and Cables to insure compliance with the terms of this agreement. 8 . The terms of this agreement shall be severable. In the event that any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 9 . This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship of any kind among the parties hereto. 10. This agreement shall be subject to and governed by the laws of the State of Illinois . 11. Any party may withdraw from this agreement upon twelve ( 12) months written notice to the other parties hereto. This agreement shall terminate and be of no further force and effect upon written agreement by all parties hereto, or upon the destruction of Cables or other circumstancg rendering Cables inoperable, or rendering Cables ' use as contemplated by this agreement unlawful . In the event of the withdrawal of any party to this agreement, such withdrawing party shall continue to permit and provide for the use of such space and equipment as such withdrawing party had provided to the other parties hereto during the preceding 12 month period so as to reasonably insure the continued flow of data between the non-withdrawing parties hereto. 12 . This agreement shall terminate on December 31, 2016, unless otherwise terminated as provided herein. 13 . This agreement may not be modified, altered or amended without the written approval of each party hereto. CITY OF ELGIN By . w " City Manager Attest: 1 ' ` ic(�� — City Clerk -3- ELGIN COMMUNITY COLLEGE Bc- g•vd GAIL BORDEN PUBLIC LIBRARY DISTRICT By SCHOOL�DISTRICT U-4 6 BY -4- Agenda Item No . (:12) 414w pJlf l f 1Y` August 8, 1996 TO: Mayor and Members of City Council FROM: Richard B. Helwig, City tanager SUBJECT: Institutional Network (bLGINET) Intergovernmental Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider entering an Intergovernmental Agreement governing the use of the Institutional Network (ELGINFT) . emb- BACKGROUND Over the last few years, the City of Elgin has worked coopera- tively with Jones Intercable, Elgin Community College, Gail Borden Public Library, and School District U-46 to create an institutional network. This Institutional Network, or ELGINET as it is known, is a fiber optic network connecting City facilities, Elgin Community College, Gail Borden Public Library, and selected U-46 school buildings (middle schools, high schools and the administration building) . ELGINET will allow for communication (voice, data, video) between these institutions and to the general public. The fiber optic network has been installed by Jones Intercable. This $366,577 investment by Jones in the community was made possible through the City's cable television franchise. Along with this investment, the Gail Borden Public Library obtained grant funds from the State of Illinois and the Federal Government to assist in the purchase of necessary equipment. In February, the City Council awarded a contract to PirTano Construction to complete the network terminations at City facilities, allowing for the installation of electronics to make ELGINET functional . Currently, the network is operation- al and is being tested. A public demonstration of ELGINET is tow anticipated in the Fall of 1996 . Institutional Network Intergovernmental Agreement August 8, 1996 Page 2 `` ELGINET represents a significant benefit to the community by allowing greater resource sharing among the four public institutions (City, ECC, U-46, and Gail Borden Public Li- brary) and, most importantly, by providing greater informa- tion access and communication to the citizens of Elgin. The ELGINET system will allow citizens to access any of the on-line holdings of these four institutions from one loca- tion. These holdings would include on-line periodicals, library card catalogs, City publications, City Council meeting minutes, the municipal code and many other materi- als. In addition, the ELGINET allows the City to utilize the fiber optic connections to enhance internal communication to other city facilities (i .e. - Fire Stations, Public Works and Parks and Recreation offices) . Over the past months, the representatives from the four participating organizations have met to develop an Intergovernmental Agreement to govern the use of the ELGINET system. The attached agreement has been reviewed by the respective organizations and their legal counsels . In summary, the agreement 1) establishes the responsibilities of each member organization to maintain the system and the data provided through the ELGINET; 2) indemnifies all parties and provides that the City not be required to assume any access or repair costs except at its sole discretion; and 3) pro- fek vides for continuation of the system should a party withdraw from the agreement. To date, the Intergovernmental Agreement has been approved by the Gail Borden Public Library Board and the U-46 School Board. Elgin Community College approval is still in process . COMMUNITY GROUPS/INTERESTED PERSONS Representatives and legal counsel from Elgin Community College, Gail Borden Public Library, and U-46 School District. FINANCIAL IMPACT Adequate funds have been appropriated in the 1996 Budget for system implementation in account number 010-2006-718. 92-47, project number 209811 ($80,000 project budget) . Ongoing costs for the City's portion of operations should be accommo- dated within the existing base budget with any additional future expenses strictly at the discretion of the City Council. LEGAL IMPACT None. Institutional Network Intergovernmental Agreement August 8, 1996 Page 3 ALTERNATIVES 1) Approve the Intergovernmental Agreement. 2) Decline to enter into the Intergovernmental Agreement. RECOMMENDATION It is recommended that the City Council approve the agreement and direct the City Manager to sign the ELGINET Intergovernmental Agreement. Re • - tfully submitted, ill 444A-4--T2 10-0Z es R. Nowicki nance Director Eric S. Stuckey (1 Budget Director/ Public Information Officer ew 1 _..,c_.,.(2_ % . 6L.Q.Li Richard B. Helwig City Manager JRN/ESS/daw Attachment