HomeMy WebLinkAboutIntergovernmental Agreement for Use of Skokie Fire Station 17 Training TowerINTERGOVERNMENTAL AGREEMENT BETWEEN THE
VILLAGE OF SKOKIE AND THE CITY OF EVANSTON FOR THE
USE OF PROPERTY IN FIRE DEPARTMENT TRAINING
/,% THIS INTERGOVERNMENTAL AGREEMENT is made this % 3 day of
V611C#m bL4-1 2012, by and between the CITY OF EVANSTON, (hereinafter
"Evanston"), an Illinois municipal corporation, and the VILLAGE OF SKOKIE (hereinafter
"Skokie"), an Illinois municipal corporation. The Village of Skokie and the City of Evanston
shall jointly be referred to as "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, transferred, and enjoyed jointly, and that public agencies
may enter into agreements in furtherance of the powers granted to them, 5 ILCS 220/1 et
seq.; and
WHEREAS, the Parties are units of local government and public agencies, and as
such, have the authority to enter into this Agreement; 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, the Parties have been participants since at least 1972 in a mutual aid
relationship as allowed by the Illinois Compiled Statutes, 65 ILCS 5/11-6-1, establishing a
mutual response and assistance system among North Suburban communities in the
Chicago area; and
WHEREAS, Skokie previously established a Drill Tower (hereinafter "Tower") in
2003 for fire training, at Fire Station 17, located at 8157 Central Park Avenue in Skokie,
and Evanston desires to participate jointly with Skokie in the renovation and enhancement
of the Tower and will provide $286,000 of the costs necessary for the work, and thereafter
jointly participate with Skokie in the use and maintenance costs of the Tower; and
WHEREAS, the Parties, acting through this Intergovernmental Agreement, are
establishing a joint venture and are acting pursuant to the Illinois statutory authority of 745
ILCS 1017-101 et seq., 820 ILCS 30511 et seq., and 820 ILCS 305/5(a) to provide training
for Firefighters of both Skokie and Evanston through the joint venture in operating a fire
training facility; and
WHEREAS, in view of the financial contributions of Evanston and the prior
financial commitment of Skokie in creating the Tower, the Parties have already or will have
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contributed significant financial investment in the joint venture of the Tower, as set forth in
this Agreement; and
NOW, THEREFORE, in consideration of the promises, obligations, provisions and
conditions stated hereinafter, the Parties agree to the following:
Recitals. The representations set forth in the foregoing recitals are material
to this Intergovernmental Agreement and are hereby incorporated into and
made a part of this Intergovernmental Agreement as though they were fully
set forth in this Section 1.
2. Financial Support. In recognition of Skokie's significant initial investment
for the development of the Tower, Evanston agrees pay the sum of
$286,000 (Two Hundred Eighty Six Thousand Dollars) for enhancements
and renovations necessary to upgrade the Tower to its most effective
configuration. This sum shall be due on or before February 1, 2013.
3. Schedule of Use. A detailed schedule for the utilization of the Tower shall
be determined and agreed upon by the respective 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.
4. 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 and 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 the Evanston, its officers, agents or employees in
connection with the performance of this Intergovernmental Agreement.
B. Skokie agrees to indemnify, defend and hold the Evanston, 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 the 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 Intergovernmental Agreement.
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5. Insurance. Before this Intergovernmental Agreement goes into effect, the
Parties shall develop, agree upon and sign a document separate from this
Agreement which establishes the amounts and types of insurance or self-
insurance coverage to be provided by each of the Parties and deliver to the
other Party a Certificate of Insurance or Certificate of Self -Insurance
reflecting the agreed coverages. The Parties may amend the types and
amounts of the insurance or self-insurance coverages from time to time,
which amendments must be written and signed by both Parties.
6. Policies and Practices. A separate document detailing "Policies and
Practices" shall be drafted, agreed upon and implemented pertaining to the
utilization of the Tower. Such a document shall include, but not be limited
to: training facility supervision, environmental protections issues, and live
firing training.
Annual Fee. Evanston agrees to pay an annual sum of $15,000 (Fifteen
Thousand Dollars) which shall be due on February 1, 2013. Each
subsequent year, commencing in 2014, the fee shall be raised 3%. This
fee is to compensate Skokie's maintenance costs and replacement of
consumable training supplies.
8. Maintenance/Annual Review. Both Parities agree and understand that
ongoing maintenance of the Tower is essential to the optimum operation
efficiency. The Parties will conduct an annual review of Drill Tower
condition to include an evaluation of principal and essential components, to
determine if refurbishment or significant repair beyond basic maintenance is
needed, with the cost of undertaking such enhanced work to be shared
equally by the Skokie and Evanston. It is also agreed and understood that
Skokie shall perform all maintenance, enhancement, renovation or
improvements to the Drill Tower.
9. Corporate Authorization. This Intergovernmental Agreement is contingent
upon the 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.
10. Governing Law. This Intergovernmental Agreement 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.
11. Notices. All notices, demands or other communications required to be given
under this Intergovernmental Agreement shall be in writing and shall be
deemed duly 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:
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If to Skokie: If to Evanston:
Village of Skokie City of Evanston
5127 Oakton Street 2100 Ridge Avenue
P.O. Box 309 Suite 4500
Skokie, Illinois 60077 Evanston, Illinois 60201
Attention: Village Clerk Attention: City Manager
(847) 933-8203 (847) 866-2936
Fax: (847) 673-0525
with copies to:
with copies to:
Village Manager
Corporation Counsel
5127 Oakton Street
2100 Ridge Avenue
Skokie, Illinois 60077
Evanston, Illinois 60201
(847) 933-8210
(847) 448-4311
Fax: (847) 673-0525
Corporation Counsel
5127 Oakton Street
Skokie, Illinois 60077
(847) 933-8270
Fax: (847) 933-8200
12. Benefit. This Intergovernmental Agreement is entered into solely for the
benefit 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.
13. Amendments. This Intergovernmental Agreement may be amended only in
writing with the approval of both of the Parties.
14. Termination. Either Party hereto may cancel this Intergovernmental
Agreement by delivery of written notice to the other Party with at least 60
days notice. If Skokie elects to terminate this Agreement subsequent to
Evanston's payment stated in paragraph 2, then the amount originally paid
by Evanston will be refunded on a prorated basis with the refundable
amount decreasing at the rate of 20% per year for the number of years that
this Agreement has been in effect. If the Agreement remains in effect for 5
or more years, no refund shall be provided. There shall be no
reimbursement for the annual fee outlined in paragraph 7 and no
reimbursement for costs of refurbishment or significant repair beyond basic
maintenance as outlined in paragraph 8. The ownership of the Tower shall
remain with Skokie.
15. Breach. If either Party waives a breach of any Section of this
Intergovernmental Agreement 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 enforcing such provisions. No waiver
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shall be valid unless in writing and signed by an authorized officer of the
Parties.
16. Transferability. This Intergovernmental Agreement is not assignable or
transferable.
17. Term. This Intergovernmental Agreement shall be effective for a term of
ten years from the date of execution. At the end of the term, or successive
terms, this Agreement shall be automatically renewed for successive five-
year terms unless either Party gives the other Party 60 days written notice
that the Agreement will not be renewed or if either Party wishes to
terminate the Agreement after 36 months with 60 days written notice.
18. Separability. If any of the terms of this Intergovernmental Agreement shall
be 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.
In witness whereof, the Parties have caused this Intergovernmental Agreement to
be executed by their duly authorized and proper officers as of the date first written above.
VILLAGE OF SKOKIE
By:
Attest: ~ c�Q�re 1 �t (90—
Villaige Clerk
CITY OF EVANSTON
By: Wm4ti
City Manaev
Attest:
Approved as to form:
a
W. Grant Farrar
COR7,,01ration Counsel
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