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Home My WebLink About048-R-21 Authorizing the City Manager to Execute an IGA With Skokie for use of Property in Fire Department Training4/16/2021 48-R-21 A RESOLUTION Authorizing the City Manager to Execute an Intergovernmental Agreement With the Village of Skokie, Illinois, foir`.use"of Property in Fire Department Training WHEREAS, the City of Evanston ("Evanston' )" and the Village of Skokie ("Skokie') are home rule municipalities in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, Article VIII, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, the Evanston and Skokie Fire Departments share a common objective of providing premier public safety services to their respective communities and understand that the preparation of firefighters and fire companies to provide the highest level of service possible is only attainable through appropriate;training; and WHEREAS, Skokie previously constructed a Drill Tower (hereinafter "Tower") in 2003 for fire training, and Evanston desires to participate jointly with Skokie in the renovation and enhancement of the Tower; and WHEREAS, Evanston, as a user "of the Tower, has previously participated financially in the renovations and improvements of the Tower'and pursuant to this IGA, shall participate equally with Skokie in the use, maintenance, =refurbishment, renovation and enhancement costs of the Tower, when any calendar year "annual expenses exceed $30,000, and ;.,.. 48-R-21 WHEREAS, the City Council of the City of Evanston has determined that it is in the best interests of the City of Evanston to enter into :said Agreement with the Village of Skokie. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Recitals. The City Council hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: The City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City of Evanston, the Intergovernmental Agreement between tfe City of Evanston and the Village of Skokie. SECTION 3: The City Manager is hereby �aiithorized and directed to negotiate any additional terms and conditions of the IGA as may be determined to be in the best interests of the City. SECTION 4: This Resolution shall be in full force and effect from and after its passage and approval according to law. Attest: 5-du0z/do Gonvez Eduardo Gomez, Deputy City Clerk Adopted: April 26 , 2021 Stephen H. Hagerty, Mayor Approved as to .form:; . Nicholas E. Cummings, Corporation Counsel —2— INTERGOVERNMENTAL AGREEMENT FOR THE USE OF SKOKIE FIRE DEPARTMENT TRAINING TOWER WITH THE CITY OF EVANSTON''ILLINOIS THIS INTERGOVERNMENTAL AGREEMENT is made this day of , 2021 (hereinafter "IGA"), by and between the VILLAGE OF SKO,*, It (hereinafter "Skokie") and the CITY OF EVANSTON, (hereinafter "Evanston"), both Illinois municipal corporations (hereinafter collectively "Parties"). WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine or transfer any power or function, in any manner not prohibited by law; and WHEREAS, the Intergovernmental Cooperation Act;-_ provides that any powers, privileges, functions or authority exercised or which may be exercised by a public agency may be exercised, combined and transferred and that public agencib$-.- iay enter into agreements in furtherance of powers granted to them, 5 ILCS. 220/1 et seq.; To .: 'WHEREAS, the Parties are units of local government an -public agencies, and as such, have the authority to enter into this Agreement; and WHEREAS, the Skokie Fire Department has an objective of providing premier public safety services to Skokie and its surrounding communities- and understands that the preparation of firefighters to provide the highest level of service requires ongoing training; and WHEREAS, the Parties have been participants since -,at least 1972 in a mutual aid relationship as allowed by the Illinois Compiled'Statutes, 65 ILC-8 5/11-6-1; establishing a mutual response and assistance system among North Suburban communities in the Chicago area; and WHEREAS, Skokie constructed a Drill Tower (hereinafter. -"Tower") in 2003 for firefighter training and Evanston desires to have access and use of the'•Tower for its firefighter training and Skokie desires to provide such access to the Tower to "the • Evanston Fire Department consistent with its commitment to provide premier public safety services to its surrounding communities; and r x� WHEREAS, Evanston, as a user of the Tower, has participated financially in the renovations and improvements of the Tower including extensive. maintenance in 2012; and WHEREAS, the Parties, acting through this intergovernmFerital Agreement, are establishing a mutually beneficial relationship to provide trainin'for the Parties g' firefighters through use of the Tower; and WHEREAS, Evanston, as a user of the Tower, has previously, participated financially in the renovations and improvements of the Tower and pursuant to this'hew IGA shall participate equally with Skokie in the use, maintenance, refurbishment, renovation and enhancement costs of the Tower, (hereinafter "Tower Costs"), when any calendar year annual expenses exceed $30,000; NOW, THEREFORE, in consideration of the promises;,- obligations, provisions and conditions stated hereinafter, the Parties agree to the following: Page 1 of 4 VOSDOCS-#586630, Intergovernmental Agreement, City of Evanston; Use of Skokie's Fire Department Training Tower, 2021 1. Recitals. The representations set forth in the foregoing recitals are material to this IGA and are hereby incorporated into and made a�.-part of this Intergovernmental Agreement as though they were fully set forth in thisS'ection 1. 2. Schedule of Use. A detailed schedule for the utilization of the Tower shall be determined and agreed upon by the Parties' Fire, Chiefs or designees and shall include 25% of each month to be set aside for individual use by each Fire Department, 25% of each month to be set aside -for mutual use to enhance departmental interaction, and 25% will be available ;for .facility maintenance or future training set up. 3. Indemnification and Hold Harmless. To the extent `permitted by law, the Parties will rely on the Local Governmental and Government Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., any other State or Federal•'law whereby immunities may be extended and applicable along with related case law. ' To the extent that the Local Government Tort Immunity Act does not immunize the acts of the Parties or their employees, and except for claims of employees under the Workers Compensation Act: '< . A. Evanston agrees to indemnify, defend arid::= hold Skokie, its agents and employees, harmless from all claims, causes of action, suits, damages, liabilities, costs, liens, fines, penalties, interest; expenses'. --`:or _demands including without limitation reasonable attorney's fees 'and litigation costs, expenses incurred by Skokie in connection with the defense of any action.;. suit or proceeding in which it is made a party (or so threatened) by reason of any- action of Evanston, its officers, agents or employees in connection with the performance of this IGA. B. Skokie agrees to indemnify, defend and hold Evanston, its agents, and employees, harmless from all claims, causes of Faction, suits, damages, liabilities, costs, liens, fines, penalties, interest, expenses,"bir demands including without limitation reasonable attorney's fees, and litigation;: costs, expenses incurred by Evanston in connection with the defense of any action, suit or proceeding in which it is made a party (or so threatened) by reason of,:any., action of Skokie, its officers, agents or employees in connection with the performance of this IGA. 4. Insurance. Before this IGA is effective, each:'?arty shall maintain and show evidence of General Liability, Auto Liability, Worker Compensation and Employer's Liability and Excess/Umbrella Coverage. These coyerages shall be in amounts and have limits sufficient to address any and all claim§,which may, arise from the use of the Tower, including but not limited to travel to and -from the ,Tower and any activity related to its use. Each Party shall tender to the other Party certificates of insurance or a certificate of self-insurance demonstrating ;each of the coverages identified above. 5. Policies and Practices. All firefighters. and individuals engaged in or participating in any training or activities at the Tower must comply44, iih .the requirements of the "Drill Tower Policies and Practices Manual." Additionally, all firefighters shall sign the Training Facility Walk Through Agreement, beforeparticipation in live fire training. M 6. Tower Costs. The Tower Costs described above. are waived by Skokie up to $30,000 per calendar year, so long as Evanston; continues to operate and control Skokie's water pumping stations, provides Skokie with water pumping records and provides water to Skokie pursuant to its 2021 Waterr Service Agreement. µ11 Page 2 of 4 ' VOSDOCS-#586630, Intergovernmental Agreement, City of Evanston, Use of Skokie's; ire`DepartmenfTraining Tower, 2021 f' 7. Maintenance/Annual Review. The ongoing use,,;-.._ maintenance, refurbishment, renovation and enhancement costs of the Tower are: essential to the safe and optimum operation efficiency. Skokie shall conduct''an annual review of the Tower conditions to include an evaluation of . principal,;:and• essential components, to determine if refurbishment, renovation, enhancem`ent:;.or significant repair beyond basic maintenance is needed. It is also agreed 'arid. understood that Skokie shall perform all maintenance, refurbishment, renovation;. enhancement or significant repair to the Tower and Evanston shall be responsible for half of all Tower Costs in excess of $30,000. +. . 8. Corporate Authorization. This IGA is contingent uponthe corporate authorities of each Party approving this Agreement. If either Party's ,corporate authority does not give such approval this contract shall become null and void.. - 9. Governina Law. This IGA shall be governed in accordance with the laws of the State of Illinois (excluding its conflicts of law rules) and any dispute arising as to the interpretation of this Agreement shall be heard in,.a court of competent jurisdiction sitting in Cook County, Illinois and in no other court: '. a, 10. Notices. All notices, demands or other communicafons required to be given under this IGA shall be in writing and shall be deemed duty ;served if personally served, sent by certified mail, return receipt requested, or by facsimile transmission, with a copy sent first class mail on the date of transmission. All, notices shall be addressed to the Party intended to be served. Until changed in the manner provided in the previous sentence, the addresses of the Parties shall be: If to Skokie: If to Evanston: Village of Skokie City of Evanstonr,1 5127 Oakton Street 2100 Ridge Avenue Skokie, Illinois 60077 Suite 4500 Attention: Village Clerk Evanston, Illinois.,60201 Attention: City -'..Manager with copies to: (847) 866-2936:., Village Manager 5127 Oakton Street Skokie, Illinois 60077 with copies to:i;:... (847) 933-8205 Corporation Counsel 2100 Ridge Avenue... Corporation Counsel Evanston, Illinois,'60201 5127 Oakton Street (847) 448-431; Skokie, Illinois 60077 (847) 933-8270 11. Benefit. This IGA is entered into solely, for the ben...efit of the contracting Parties, and nothing in this Agreement is intended, either expressly or impliedly, to provide any right or benefit of any kind whatsoever to any person or entity who in not a party to this Agreement, or to acknowledge, establish or impose any legal duty to any third party. 12. Amendments. This IGA may be amended only in writing with the approval of both of the Parties. Page 3 of 4 VOSDOCS-#586630, Intergovernmental Agreement, City of Evanston, Use of Skokie's,,*e' Department Training Tower, 2021 13. Termination. Either Party hereto may cancel this IGXby delivery of written notice to the other Party with at least 60 days notice. There shall be no reimbursement for Tower Costs. The ownership of the Tower shall remain an asset of Skokie. 14. Breach. If either Party waives a breach of any Section of this IGA by the other Party, that waiver will not operate or be construed as a waiver of any subsequent breach by either Party or prevent either Party from enforcing7i6ch provisions. No waiver shall be valid unless in writing and signed by an authorized' officer of the Parties. K' 15. Transferability. This IGA is not assignable or transferable. 16. Term. This IGA shall be in effect concurrent with' the term of the Water Supply Agreement, executed by the Parties on ,2021. Should the Water Supply Agreement be terminated, this IGA may be terminated by either party upon 60 days written notice. In the event this IGA is.terminated by,either Party, Skokie shall pay to Evanston $19,000 plus this amount shall increase,^by.:2.5% per year (hereinafter "Annual Payment for Services"). In exchange for .this Annual Payment for Services, Evanston shall continue to operate Skokie's water pumping stations and collection and retention of Skokie pumping records (hereinafter ;"Pumping Support Services") until Skokie obtains control of said operations. The Annual,Payment for Services shall not be based on a calendar year, but shall 'be established as 60 days after the submission of the notice of termination (hereinafter "Annual Payment Date") and Annual Payment for Services shall be due annually on the Annual Payment Date including the escalator upon invoice from the City of Evanston to the Village._of Skokie. 17. Severability. If any of the terms of this IGA shall bq`finally determined to be invalid or unenforceable in whole or in part, the remaining provisions here of shall remain in full force and effect and be binding upon the Parties hereto. The Parties agree to reform this Agreement to replace any such invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible. to the intent of the stricken provision. 18. Non-liabilitv of Officials. No official, employee or -agent of the either Party shall be charged personally by the other Party, or by>ah. assignee or subcontractor of each Party, with any liability or expenses of defense or be held personally liable under any term or provision of this IGA because b their execution or attempted execution or because of any breach hereof. 19. Disclaimer. Nothing contained in this 'IGA noelan'y act of the Parties shall be deemed or construed by either of the Parties, orbany third person, to create or imply any relationship of third -party beneficiary;''.principal or agent (except as specifically provided otherwise herein), limited ;."& general`'partnership or joint venture, or to create or imply any association or relationship involving the Parties. In witness whereof, the Parties have caused this IGA to be,executed by their duly authorized and proper officers as of the date first written above. VILLAGE OF SKOKIE By: Village Manager CITY OF EVANSTON By: City Maf &e Page 4 of 4 VOSDOCS-#586630, Intergovernmental Agreement, City of Evanston, Use of Skokie's'Fite: Department Training Tower, 2021 ..<,�.., �Y . Attest: Village Clerk Attest: v Page 5 of 4 VOSDOCS4586630, Intergovernmental Agreement, City of Evanston, Use of Skokie's Fire Department Training Tower, 2021