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95-230 JULY,2007 IN REVIEWING THIS FILE, IT WAS DETERMINED THAT AN EXECUTED COPY OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE CLERK'S OFFICE. ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE AGREEMENT AND ITS SUPPORTING PAPERWORK. REFERENCE: RESOLUTION NO. 95-230 PASSED: NOVEMBER 8, 1995 SUBJECT: AGREEMENT WITH ELGIN COMMUNITY COLLEGE, SCHOOL DISTRICT U-46 AND THE GAIL BORDEN PUBLIC LIBRARY DISTRICT FOR THE ESTABLISHMENT OF ELECTRONIC NETWORK SERVICES. , . SPEED MESSAGE TO FROM (Th 112 / f /4' r ?,.. ) /j , -.7, 4,4',1-2 i t i i.,-.1, , t f SUBJECT_. / L4 / DATE _____ -tA).a%_14-1--/:•_4_-\--- ,Z1-07,, / c , J1C: 67-71,--/(..4- ,t,r , _.,4, J .. --6:--/S47 ,. .-. ,./ /' _-:- k...c.-4,- 7,--:7, ' .;-:-.0.„-,,,,,t....,,,A. , r III _./... - , ,..,- .. --- ..-- . ' i ■ --41 1.'Ct4d (7.* .._H1k. e/ 7/ l' 4-111,,-C-4,-,-- t:....4.. - / 7 ------4)-' ,..-7-' ,1-- ,. t..4-- C Ci..- ,`1:2---'---L• (:„' -- ' cz (;-::. f - ,---,, ir' fk ---,------1:,-.7 C-6797 few\-- SIGNED WilsonJones•Carbonless•MADE IN USA DUPLICATE 44-900 Dunker° Resolution No. 95-230 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF ELECTRONIC NETWORK SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, be and is hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with Elgin Community College, School District U-46 and the Gail Borden Public Library District for the establishment of electronic network services, a copy of which is attached hereto and made a part hereof by reference. Kevin Kelly, Mayor Presented: November 8, 1995 Adopted: Vote: Yeas Nays Recorded: Attest: Dolonna Mecum, City Clerk INTERGOVERNMENTAL AGREEMENT FOR ESTABLISHMENT OF ELECTRONIC NETWORK SERVICES This agreement,hereinafter referred to as"Agreement'is made and entered into this day of 19 ,by and between the Gail Borden Public Library District,200 North Grove Avenue,Elgin,Illinois 60120,hereinafter referred to as"Library", and Elgin Community College, 1700 Spartan Drive,Elgin, Illinois 60123;City of Elgin, 150 Dexter Court,Elgin, Illinois 60120;and School District LI-46,355 East Chicago Street,Elgin, Illinois 60120, hereinafter referred to as"Political Subdivision". 1. STATUTORY AUTHORITY. In accordance with 5 ILCS 220/1,et seq.,and pursuant to the provisions of the Illinois Intergovernmental Corporation Act,the Library is authorized to cooperate with and furnish services to a city,county, district,or other municipal corporation,commission, authority,entity,or political subdivision organized and existing under the laws of the State of Illinois. 2. TERM. This agreement shall commence on July 1, 1995,and shall continue until terminated by one or more parties. 3. CANCELLATION. This agreement may be canceled without liability or penalty by any party for any reason upon one year's written notice. 4. RESPONSIBILITIES OF THE LIBRARY a. The Library shall purchase the following equipment from federal LSCA funds awarded to the library by the Secretary of State of Illinois,and shall be authorized to loan this equipment at no cost to the other network agencies to provide basic linkage for the network. TWO OF THE FOLLGIMNG(ONE EACH TO TWO OF THE FOLLOWING(ONE EACH TO BE LOCATED AT ELGIN COMMUNITY BE LOCATED AT GAIL BORDEN PUBUC COLLEGE AND CITY OF ELGIN) LIBRARY AND SCHOOL DISTRICT U-46) Model Description Model Description CISCO 4500 CISCO 4500 Router CISCO 4500 CISCO 4500 Router NP-6E 6 Port Ethernet Interface NP-6E 6 Port Ethernet Interface Processor Processor NP-1 FOSS 1 FDDI Single Mode NP-1 FOSS 1 FDDI Single Model Interface Processor Interface Processor MEM-NP1 6M-R4-P 16 MB Memory Upgrade SF-G4513-1 02.5 IP.IPX Software SF-G450S-1 02.5 IP.IPX IBM Base Software ACS-NPRM Rack Mount Kit ACS NPRM Rack Mount Kit b. The Library shall call a meeting of the network participants at least twice a year to review the status of the network and investigate means for improvement,and shall file appropriate reports at end of grant period. 1 5. RESPONSIBILITIES OF THE POLITICAL SUBDMSIONS a.Upon delivery of the equipment to the participating agency,that agency is responsible for any ensuing equipment loss, damage,or required maintenance. b. Any changes in the equipment due to upgrades, replacements,or other modifications must be reported in writing to the Library for a period of five years following the end of the grant period,or until July 1,2000. c. Each Political Subdivision agrees to purchase and install all necessary hardware and software in addition to the equipment provided by the Library to establish and maintain the network. It will be the responsibility of each Political Subdivision to ensure software and hardware compatibility between its equipment and that of the network. d. Representatives of each Political Subdivision agree to meet at least twice a year to review the status of the network and investigate means of improvement at a time and place designated by the Library. 6. UMITATION OF LIABILITY. The Political Subdivision agrees that the Library shall not be subject to any claim,action,or liability arising out of any malfunction,error,interruption or cessation of service under this Agreement The Library shall not be liable or responsible for any direct or consequential damages sustained by the Political Subdivision,including, but not limited to, delay, interruption of business or activities,or lost receipts that may result from any malfunction,error, interruption or cessation of service. 7. INDEMNIFICATION BY THE POLITICAL SUBDIVISION. The Political Subdivision shall indemnify, defend and hold harmless the Library,its officers, divisions,agents,employees,and members from all claims,suits,or actions of any nature arising out of the negligent acts or omissions of the Political Subdivision, its officers,contractors,subcontractors,agents,or employees under this Agreement 8. ASSIGNMENT. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Neither party shall assign or transfer its interest in this Agreement without prior written approval of the other. 9. WAIVER. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver by that party of that or any provision of this Agreement,or the waiver by that party of the ability to enforce that or any other provision in the event of any subsequent breach. 10. SEVERABILITY. If any provision of this Agreement shall be held invalid or unenforceable by any court or tribunal of competent jurisdiction,such holding shall not invalidate or render unenforceable any other provision. If any terms or provision of this Agreement is declared by a court or tribunal of competent jurisdiction to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected,and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 11. MERGER. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER,CONSENT, MODIFICATION OR CHANGE OF TERMS OR PROVISIONS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRRING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,CONSENT, MODIRCATION OR CHANGE,IF MADE,SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,AGREEMENTS OR REPRESENTATIONS,ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. 2 12. SIGNATURES. Each party, by the signature below of its authorized representative,hereby acknowledges that it has read this Agreement,understands it,and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants to have the authority to execute this Agreement Elgin Community College School District U-46 • Signature Signature The The Date Date City of Elgin Gail Borden Public Library District Signature Signature The The ' k ! qv Data Date • 3 • Agenda Item No. October 18, 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Intergovernmental Agreement for I-NET PURPOSE The purpose of this memorandum is to request approval from the Mayor and members of the City Council to enter into an intergovernmental agreement (attached) involving the partici- pants in the fiber-optic I-NET. The agreement essentially outlines the relationship and responsibilities of the partiEs for the use of equipment used in the network. BACKGROUND The Gail Borden Library received a grant for $83,071 for I-NET equipment (please see attached memorandum dated Septem- ber 5) . Their grant is to begin the implementation of the city-wide fiber optic cable network, referred to as the I- NET, for the purposes of resource sharing through technology. Under the terms of this grant, Gail Borden Library will be acquiring various electronic equipment for each of the four participating organizations of the I-NET consortium (the City, U-46 , ECC, and Gail Borden Library) . Gail Borden Li- brary will retain ownership of the equipment, but will "loan" it to the City for a period of five years. The City will be free to use it however we wish, but must report any changes in its status to the Library. * The equipment provided with the Library grant will form the central hub for the City's local network. However, in order to make the I-NET fully functional, additional equipment will be needed. eft Interagency Agreement for I-NET October 18, 1995 Page 2 FINANCIAL IMPACT The value of the City' s portion of the equipment, to be pro- vided by Gail Borden Library, is approximately $20,000 . In addition, the Five-Year Financial Plan includes $80,000 in 1996 for equipment purchases to complete the installation and connection of the network at the many City facilities . LEGAL IMPACT None. RECOMMENDATION The recommendation is for approval of the intergovernmental agreement, joining with Elgin Community College, School Dis- trict U-46 , and Gail Borden Library in establishing an elec- tronic link to our facilities . Respectfully Submitted James R. Nowicki eftFinance Director Richard B. Helwig City Manager Attachments • eik a - September 5, 1995 TO: James R. Nowicki, Finance Director FROM: Gary Gordier, MIS Manager SUBJECT: I-NET Development Update The purpose of this memorandum is to update you on the I-NET project, Great things are happening. First, on April 19, 1995 the City, on behalf of the I-NET consortium applied for a federal grant, administered through the Telecommunication and Information Infrastructure Assistance program, administered by the National Telecommunications and Information Administration. Our application is still in process . However, in addition to receiving a favorable response to our initial letter of intent, the Illinois State Clearinghouse, Office of the Illinois Governor has processed our grant request in accordance to Federal Executive Order 12372 . They determined that the proposed project is not in conflict with the State' s plans, policies and priorities, without any qualification. This endorsement was crucial to allow our grant application to compete favoarably with all the other requests . Second, the Gail Borden Library has received a grant for $83, 071 . The grant is to begin implementation -of the city-wide fiber optic cable network (referred to by us as the I-NET) for the purposes of resource sharing through technology. While the I-NET has substantial value to the Gail Borden Library, it also has significant value to the City. Under the terms of this grant, Gail Borden Library will be acquiring four Cisco routers, one for each of the four participating organizations of the I-NET consortium (the City, U- 46, ECC and Gail Borden Library) . The value of this equipment is approximately $20,000 . Gail Borden Library will retain ownership . } "" of the equipment, but will . loan. it to the City for a period of five years. We will be free to use it however we wish, but we must report any changes in its status to the library. A router is an electronic device that will link users of our systems to our organizational network. It will also serve as the mechanism for linking our network (or parts of the network) to the other organizational networks . This particular router will be the central hub for our network. As we build the various components of the complete I-NET, we will need additional equipment. The City's Five-year Financial Plan calls for funding of the I-NET project in 1996 . With the library receiving the grant sooner than expected, it is important that we consider some means to move this project up into the fall of 1995 for the following reasons . 1 . In order to use the router, we must .terminate. the fiber optic cables . Jones Intercable is paying for the labor to test the terminations, but we must pay for the terminating equipoment and the physical connection of the terminations . 2 . The firm that initially installed the I-NET cables for Jones Intercable (Pitrano Construction) has given a price to consortium members to .terminate. the cables . We checked with other. firms and found that their price was extremely competitive. Since Pitrano Construction did the cable installation, there is added value having them do the terminations and too.. r.GA IL BORDEN ..y..... PUBLIC LIBRARY DISTRICT DANIEL ZACK, DIRECTOR 200 NORTH GROVE AVENUE ELGIN, ILLINOIS 60120-5596 TELEPHONE (708) 742-2411 TDD (708) 742-2455 FAX (708) 742-0485 October 5, 1995 Gary Gordier, CCP MIS Manager City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Dear Gary, I have enclosed a copy of an intergovernmental agreement for the cable network prepared by our library attorney for the signature of the appropriate authority at each of our participating agencies. This agreement covers the conditions under which the Gail Borden Public Library accepted the grant from the Illinois Secretary of State's office: essentially that the parties named will implement a fiber optic based communications network with basic equipment loaned by the Library. The terms of this loan are outlined in the agreement. Please review this document with the person authorized to represent your institution and I will arrange for a master contract to be circulated for signatures. The Library plans to bid in cooperation with School District U-46 if our schedules remain compatible. Carefully check the equipment for your institution and note any changes on the form. I will contact you on or before October 18, 1995 for a status report. Thank you for your cooperation; please call if you have any comments or questions. Sin rely, an Zack Director DZIsm enclosure • "Fs.' 1RDKRODVEZVERCAL A 2EE ENT FOR ESTABLISHMENT OF ELECTRONIC NETWORK SERVICE'S This agreement, hereinafter referred to as "Agreement" is made and entered into this day of , 19 , by and between the Gail Borden Public Library District, 200 North Grove Avenue, Elgin, Illinois 60120, hereinafter referred to as "Library", and Elgin COmi pity College, 1700 Spartan Drive, Elgin, Illinois 60123; City of Elgin, 150 Dexter Court, Elgin, Illinois 60120; and School District U-46, 355 East Chicago Street, Elgin, Illinois 60120, hereinafter referred to as "Political Subdivisions" . 1. S'IMTJItPX AMORTIY. In accordance with 5 ILLS 220/1, et Aga. , and pursuant to the provisions of the Illinois Intergovernmental Corporation Act; the Library is authorized to cooperate with and furnish services to a city, county, district, or other municipal corporation, commission, authority, entity, or political subdivision organized and existing under the laws of the State of Illinois. 2. MEW This agreement shall commence an July 1, 1995, and shall continue until terminated by one or more parties. 3. OANCELLATION. This agreement may be canceled without liability or penalty by any party for any reason upon one year's written notice. 4. RESPONSIBILITIES OF THE LIBRARY. a. The Library shall purchase the following equipment from federal LSCA funds awarded to the Library by the Secretary of State of Illinois, and shall_be authorized to loan this equip�ent at no cost to the other network agencies to provide basic linkage for the network. TWO OF THE FOLLOWING (aNE EACH TO BE TWO OF THE FOLLOWING (CIE EACH TO BE LOCATED AT ELGIN CDTWITy Q)T T.,F LOCATED AT GAIL BORDEN PUBLIC LIBRARY AND CITY OF ELGIN) AND SCHOOL DISTRICT U-46) Nbdel Description .1 Description CISOO 4500 CISC ) 4500 Router C:ISCO 4500 CISC O 4500 Router NP-6E 6-Port Ethernet NP-6E 6 Port Ethernet Interface Processor Interface Processor NP-1FD-SS 1 FDDI Single Node NP-1FD-SS 1 FLIDI Single Node Interface Processor Interface Processor MEM-NPI6M-R4P 16 MB Metrory Upgrade SF-G45D-102.5 IP.IPX Software . SF-G45'DS-102.5 IP.IPX IBM Base Software ACS-NPRM Rack Nbunt Kit ACS-NPRM Rack Nbunt Kit b. The Library shall call a meeting of the network participants at least twice a year to review the status of the network and investigate means for improvement, and shall file appropriate reports at end of grant period. -1- • RESPONSIBILITIES OF THE PCL au, SCS)IVISIC ES. a. Upon delivery of the equipment to the participating agency, that agency is responsible for any ensuing equipment loss, damage, or required maintenance. b. Any changes in the 'equipment due to upgrades, replacements, or other modi- fications must be reported in writing to the Library for a period of five years following the end of the grant period, or until July 1, 2000. c. Each Political Subdivision agrees to purchase and install all necessary hardware and software in addition to the equipment located by the Library to establish and maintain the network. It will be the responsibility of each Political Subdivision to ensure software and hardware compatibility between its equipment and that of the network. d. Representatives of each Political Subdivision agree to meet at least twice a year to review the status of the network and investigate means of improvement at a time and place designated by the Library. 6. Limannau OF LIABILITY. The Political Subdivision agrees that the Library shall not be subject to any claim, action, or liability arising out of any malfunction, error, interruption or cessation of service under this Agreement. The Library shall not be liable or responsible for any direct or consequential damages sustained by the Political Subdivision, including, but not limited to, delay, interruption of business or activities, or lost receipts that may result from any malfunction, error, interruption or cessation of service. 7. ] ICATION BY POLITICAL SUBDIVISION. The Political Subdivision shall indemnify, defend, and hold harmless the Library, its officers, divisions, agents, employees, and members from all claims, suits, or actions of any nature arising out of the negligent acts or omissions of the Political Subdivision, its officers, contractors, subcontractors, agents, or employees under this Agreement. 8. ASSIGNMENT. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Neither party shall assign or transfer its interest in this Agreement without prior written approval of the other. 9. WAIVER. The failure of either party to enforce any provision of this Agree- ment shall not constitute a waiver by that party of that or any provision of this Agreement, or the waiver by that party of the ability to enforce that or any other provision in the event of any subsequent breach. 10. SEVERABlIZTY. If any provision of this Agreement shall be held invalid or unenforceable by any court or tribunal of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision. If any tears or provision of this Agreement is declared by a court or tribunal of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be c O nstrued and enforced as if the Agreement did not contain the particular term or provision held tote invalid. -2- 11. t. R. THIS ACTT CONSTITUTES THE ENTIRE AGREEMENT BEIWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE 3E OF TERMS OR PROVISIONS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGH BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS OR REPRESENTATIONS, ORAL OR WRITTEN, NO SPECIFIED HEREIN REGARDING THIS AG EE 1 ur. 12. SIGNATURES. Each party, by the signature below of its authorized representa- tive, hereby acknowledges that it has read this fit, understands it, and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants to have the authority to execute .this Agreemrent. ELGIN COMMUNITY OUT. GF; SCHOOL DISTRICT U-46. Signature Signature Title Title Date Date CITY OF ELGIN GAIL BORDEN PUBLIC LIBRARY DISTRICT Signature Signature Title Title Date Date • r -3- •