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96-90 Resolution No. 96-90 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE HOUSING AUTHORITY OF ELGIN FOR COMMUNICATION FACILITIES 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 a Shelter Agreement on behalf of the City of Elgin with the Housing Authority of Elgin for a radio equipment shelter at 120 South State Street, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: April 10, 1996 Adopted: April 10, 1996 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk SHELTER AGREEMENT THIS AGREEMENT is made and entered into this l/t, day of April, 1996, by and between the Housing Authority of Elgin, an Illinois municipal corporation, (hereinafter referred to as "Authority" ) and the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City" ) . WHEREAS, Authority is the sole owner of certain real property and a structure commonly known as 120 South State Street, Elgin, Illinois (hereinafter referred to as "building" ) ; and WHEREAS, City requires access to and the use of a structure of similar design and geographic location as building for the construction and effective utilization of a radio equipment shelter (hereinafter referred to as "shelter" ) ; and WHEREAS, the parties hereto have each determined it to be in their best interests to facilitate the placement of shelter at the roof of building. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1 . Authority shall allow City, its agents and assigns, access to and use of building' s roof and such portions of building' s exterior as may be reasonably necessary to facilitate the installation, use and maintenance of shelter, including, but not limited to, various electrical cables and connections, during the term of this agreement. 2 . City shall construct, use and maintain shelter at City's sole expense. 3 . City hereby releases and shall indemnify, defend, and hold harmless Authority, its subsidiaries affiliates, officers, agents, employees, successors, assigns, and authorized representatives of all of the foregoing from and against all suits, actions, legal or administrative proceedings, claims, demands, liabilities, interest, attorney fees, costs, and expenses of any kind or nature, whether arising before or after completion of the work hereunder and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part, or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence of City, its subcontractors, or of anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this contract. 4 . Shelter and all shelter accoutrements, cables, antennas and other connections shall remain the sole exclusive property of City. 5 . Building shall remain the sole exclusive property of Authority. 6 . This agreement shall not be construed so as to create a partnership, joint venture, agency or employment relationship between the parties hereto. 7 . This agreement shall terminate December 31, 2015 . 8 . The City shall : (a) defend, indemnify and hold harmless the Authority from the maintenance, the construction and the operation of the radio equipment, including property damage, bodily injury, or death. City agrees to maintain liability insurance in the amount of $1,000, 000 . 00 combined single limit covering its liability under this Agreement. The insurance policy or policies evidencing the foregoing will be written by a reputable insurance company or companies authorized to transact business, and will name Authority as an additional insured by direct endorsement. The policy shall state that such insurance is primary and not additional or excess coverage over insurance available to Authority, and will provide that the insurance company issuing such policy or policies shall notify ' Authority of any cancellation or modification of coverage thereof at least thirty (30) days prior thereto. The City shall furnish Authority with a copy of insurance coverage each year indicating that said policy contains the direct endorsement of the Authority. The City further agrees to indemnify and save harmless Authority from any and all real or asserted liability, including the cost of defense, which liabilities are not covered by the insurance provided by City or if covered are in excess of the policy limits . (b) Indemnify and hold harmless against any loss, fine or penalty imposed upon Authority or incurred by Authority by reason of the City' s failure to provide insurance coverage complying with any or all of the provisions of Paragraph 11(a0 of this Agreement or by reason of City' s violation of any regulations promulgated by Federal, State or Local Government agencies . 10 . The Authority shall be named as loss payee. -2- 11 . The insurer shall waive all rights of subrogation against the Authority, its officers, officials, employees and volunteers . 12 . The terms of this Agreement shall be considered to be severable. In the event that any of the terms of this Agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement will remain in full force an effect. 13 . This Agreement shall be subject to and governed by the laws of the State of Illinois . CITY OF ELGIN • By City Manager Attest: City Clerk ELGIN HOUSING AUTHORITY B Y 4 /l' 1 Its Executive Director • -3- .ti ( 0-8) El _ in % sy Agenda Item No. „retry April 3, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Agreement with Elgin Housing Authority PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with the Elgin Housing Authority to allow the City to install an 800 Mhz radio equipment shel- ter and antennas on the roof of the Elgin Housing Authority building at 120 South State Street. BACKGROUND The new City-wide 800 Mhz radio system will have three trans- mit sites which are located at Route. 25 and I-90, 74 Airlite Street, and 120 South State Street. These sites were select- ed based upon radio coverage studies conducted by Motorola engineers. At each of the three radio sites, a small equip- ment shelter (approximately 13 'x15 ' ) must be utilized to house the radio electronics and computer equipment for the site. Additionally, five antennas will be mounted on top of the equipment shelter. At the Route 25 and I-90 site, the City utilized the Toliway's existing equipment shelter and a shelter agreement has already been executed. At the 74 Airlite Street site, an equipment shelter was constructed on City property, subse- quently, a shelter agreement was not necessary. The attached shelter agreement between the City and the Elgin Housing Authority contains the terms upon which the shelter and 800 Mhz radio equipment will be installed, used, and maintained. This agreement was negotiated by the City's Legal staff with the Elgin Housing Authority and their attor- eft ney. The Elgin Housing Authority Board has already given preliminary approval to use their building as a radio site. However, they requested a written shelter agreement. Agreement with Elgin Housing Authority April 3, 1996 Page 2 GROUPS/INTERESTED PERSONS CONTACTED City Radio Committee, Department of Code Enforcement, Vegemast Engineering (City's Consultant) . FINANCIAL IMPACT None. LEGAL. IMPACT The Legal Department has reviewed the attached agreement. ALTERNATIVES The Elgin Housing Authority requires a written shelter agree- ment with the city. If the City does not desire to enter into this agreement, we would have to select an alternative radio site. An alternative radio site on the Illinois State Police radio tower, 777 S. State Street, Elgin, has been researched and selected by Motorola and staff. To change the radio site to the Illinois State Police radio tower, however, would require approximately $30,000 in additional expenses to construct the site. elk RECOMMENDATION It is recommended that the City Council authorize execution of the shelter agreement with the Elgin Housing Authority rather than selecting another, more costly location. Respectfully submitted, Charles A. Gruber Chief of Police Richard B. Helwig City Manager CAG/ks