96-251 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