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R-27-97 Adopting An Intergovernmental Agreement With The Lemont Fire Protection District Regarding The Installation Of Opticom DevicesITEM V . B . 2 RESOLUTION NO. 027 - J 7 RESOLUTION ADOPTING AN INTERGOVERNMENTAL AGREEMENT WITH THE LEMONT FIRE PROTECTION DISTRICT REGARDING THE INSTALLATION OF OPTICOM DEVICES WHEREAS, Article VII, Section of the Illinois Constitution of 1970 and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize units of local government to contract or otherwise cooperate among themselves to obtain or share services, to exercise, combine or transfer any power or function, in any manner not prohibited by law, to use their credit, revenues and other reserves to pay costs and to service debt related to intergovernmental activities; and WHEREAS, The Village of Lemont, Cook, DuPage and Will Counties, Illinois, is a public agency vested with powers by these two sources of authority; and WHEREAS, The Board of Trustees of the Village of Lemont finds and hereby declares that it in the best interests of the Village to enter into the Intergovernmental Agreement to Provide for Installation of Opticom Pre - Emptive Devices at Several Intersections Within the Village of Lemont (the "Agreement ") which is attached hereto as Exhibit A and made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Lemont, Cook, DuPage and Will Counties, Illinois, as follows: SECTION ONE: That the Board hereby adopts the recitals set forth in the attached Intergovernmental Agreement to Provide for Installation of Opticom Pre - Emptive Devices at Several Intersections Within the Village of Lemont as findings. SECTION TWO: That the Agreement attached hereto as Exhibit A is hereby approved by the Board of Trustees. SECTION THREE: That the President and Clerk are hereby authorized and directed to execute said Agreement in substantially the form attached hereto. SECTION FOUR: That all ordinances and resolutions or parts thereof in conflict with the provisions of the Resolution shall be and they are hereby repealed. SECTION FIVE: That this Resolution is effective upon its date of signing. PASSED AND APPROVED BY '1'HJi PRESIDENT AND BOARD OF TRUSTEES OF Tilt VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS on this 9th day of June , 1997. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker Approved by me this 9th day of AYES v NAYS PASSED ABSENT RLENE SMOLLEN, Village Clerk 997. CHARLENE SMOLLEN, Village Clerk ASNESKI, Village President STATE OF ILLINOIS SS COUNTIES OF COOK, DuPAGE, AND WILL SECRETARY'S CERTIFICATE I, BERT ERCOLI the duly qualified and acting Secretary of the Board of Trustees of the Lemont Fire Protection District, Cook, DuPage and Will Counties, Illinois, and the keeper of the records thereof, do hereby certify that attached hereto is a true and correct copy of a Resolution entitled: RESOLUTION NO. R97-05 RESOLUTION ADOPTING AN INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF LEMONT REGARDING THE INSTALLATION OF OPTICOM DEVICES duly adopted by said Board of Trustees at a special meeting on the 7th day of May, 1997. I do further certify that a quorum of the Board of Trustees was present at said meeting, and that the Board complied with all requirements of the Illinois Open Meetings Act. 1997. IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of May, Secretary, Board of Trustees Lemont Fire Protection District RESOLUTION NO. R97 -05 RESOLUTION ADOPTING AN INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF LEMONT REGARDING THE INSTALLATION OF OPTICOM DEVICES WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et sec ., authorize units of local government to contract or otherwise cooperate among themselves to obtain or share services, to exercise, combine or transfer any power or function, in any manner not prohibited by law, to use their credit, revenues and other reserves to pay costs and to service debt related to intergovernmental activities; and WHEREAS, the Lemont Fire Protection District, Cook, DuPage and Will Counties, Illinois, (the "District ") is a public agency vested with powers by these two sources of authority; and WHEREAS, the Board of Trustees of the District finds and hereby declares that it is in the best interests of the District to enter into the Intergovernmental Agreement to Provide for Installation of Opticom Pre - Emptive Devices at Several Intersections Within the Village of Lemont (the "Agreement ") which is attached hereto as Exhibit A and made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Lemont Fire Protection District, Cook, DuPage and Will Counties, Illinois, as follows: Section One: That the Board hereby adopts the recitals set forth in the attached Intergovernmental Agreement to Provide for Installation of Opticom Pre - Emptive Devices at Several Intersections Within the Village of Lemont as findings. Section Two: That the Agreement attached hereto as Exhibit A is hereby approved by the Board of Trustees. Section Three: That the President and Secretary are hereby authorized and directed to execute said Agreement in substantially the form attached hereto. Section Four: That all ordinances, resolutions and orders or parts thereof in conflict with the provisions of this Resolution shall be and they are hereby repealed. Section Five: That this Resolution is effective upon its date of signing. Adopted this 6th day of May, 1997, by a roll call vote as follows: AYES: NAYS: ABSENT: ATTEST: 2 0 1 President, Board of Truste Lemont Fire Protection Dis — ct Secretary, Board of Trustees Lemont Fire Protection District spf /050797 /fpd/lemont/res /opticom. adp 05/01/97 14:55 TY708 257 0845 LEMUM tlith u ri INTERGOVERNMENTAL AGREEMENT TO PROVIDE FOR INSTALLATION OF OPTICOM, PRE - EMPTIVE DEVICES AT SEVERAL INTERSECTIONS WITIRN THE VILLAGE OF LEMONT L/. U1.10 / VUO This agreement is made and entered into on the last date set forth next to the signature of the LEMONT FIRE PROTECTION DISTRICT and the VILLAGE OF LEMONT (the "Parties "), that have approved this Agreement in the manner provided by law, and have subscribed hereto and further by and between the Parties as further enumerated herein. WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units of local government and school districts to cooperate with each other in order to accomplish common goals and objectives; and WHEREAS, 5 ILCS 220/3, entitled "Intergovernmental Cooperation Act" provides that any power or powers, privilege or authority exercised or which may be exercised by a unit of local government may be exercised and enjoined jointly with any other unit of local government; and WHEREAS, the Parties are units of local governments; and WHEREAS, the Parties are public agencies pursuant to the Intergovernmental Cooperation Act; and WHEREAS, the Parties recognize the need to cooperate in maintaining their concern for public safety; and WHEREAS, the Parties hereto have determined that it is in their best interest to enter into this Agreement to secure to each the benefits of an Opticom System at the intersections enumerated herein and other related services dealing with the protection of life or property in an emergency; and NOW, THEREFORE, the Parties do hereby enter into this Intergovernmental Agreement to cooperate upon the following terms and conditions: 05/01/97 14:55 '6`708 257 0845 Lr:3IUiN1' FINE DEFY fir. uur /uurs Section 1: The Parties will jointly fund installation of an Opticom System (the "System ") and engage a contractor to install the System at the following intersections: a. Archer Avenue & Derby Road b. McCarthy Road & Derby Road c. 131st Street & Bell Road Section 2: The Opticom System will be installed by contracts let by the Illinois Department of Transportation (location a & b) and Cook County Highway Department (location c). Final costs will be dependent upon bid prices and contract award by these governmental agencies. Section 3: The .Parties will equally fund any engineering and bidding expenses incurred in the procurement of the system. Section 4: The Parties will pay the cost for the devices to be placed in their own vehicles. Section 5: The Parties agree that each will pay fifty percent (50 %) of the cost for future maintenance. The Village of Lemont will be responsible for coordinating all maintenance. Section 6: The Parties agree to fully cooperate and assist each other in maintaining all necessary permits, licenses or applications with any governmental body which has jurisdiction over the above - mentioned intersections or the above - mentioned Opticom Systems. The Village of Lemont is responsible for obtaining the permits required for installation of the system. Section 7: The Parties agree that the Opticom system installed and maintained pursuant to this Agreement shall be used by the Parties for their mutual benefit. Section 8: The Parties agree to waive all and any of their rights to bring any action against each other which allege improper selection and/or installation and/or maintenance of the Opticom System at the above- mentioned intersections. Section 9: Upon declaration by the VILLAGE OF LEMONT that the installation at each intersection is complete, ownership of the system shall vest equally with the Parties. 05/01/97 14:56 V708 257 0845 LEMONT FIRE DEPT L O08 /008 If, for any reason, either Party decides to terminate this Agreement, the non - terminating Party shall own the System. Each party shall maintain ownership of the devices installed in their vehicles. Section 10: This Agreement shall terminate upon sixty (60) days' written notice of termination by either party, or whenever the Opiicom System can no longer be maintained, whichever occurs first. Section 11: This Agreement shall be in full force and effect upon its adoption and shall supersede any agreement, resolution or mations or parts of agreement, resolutions or motions in conflict with any part herein and any such resolutions or motions or parts of resolutions are hereby repealed. Section 12: If any section, paragraph or provision of this Agreement shall be held invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect any of the remaining provisions of this Agreement. IN WITNESS WHEREOF, the Parties pursuant to proper and necessary authorization, have executed this Agreement on the date shown below. APPROVED AND ADOPTED on May 6 , 1997 by LEMONT FIRE PROTECTION DISTRICT APPROVED AND ADOPTED on 6 '7-611 1997 by By: Village Clerk INTERGOVERNMENTAL AGREEMENT TO PROVIDE FOR INSTALLATION OF OPTICOM PRE - EMPTIVE DEVICES AT SEVERAL INTERSECTIONS WITHIN THE VILLAGE OF LEMONT This agreement is made and entered into on the last date set forth next to the signature of the LEMONT FIRE PROTECTION DISTRICT and the VILLAGE OF LEMONT (the "Parties "), that have approved this Agreement in the manner provided by law, and have subscribed hereto and further by and between the Parties as further enumerated herein. WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units of local government and school districts to cooperate with each other in order to accomplish common goals and objectives; and WHEREAS, 5 ILCS 220/3, entitled "Intergovernmental Cooperation Act" provides that any power or powers, privilege or authority exercised or which may be exercised by a unit of local government may be exercised and enjoined jointly with any other unit of local government; and WHEREAS, the Parties are units of local governments; and WHEREAS, the Parties are public agencies pursuant to the Intergovernmental Cooperation Act; and WHEREAS, the Parties recognize the need to cooperate in maintaining their concern for public safety; and WHEREAS, the Parties hereto have determined that it is in their best interest to enter into this Agreement to secure to each the benefits of an Opticom System at the intersections enumerated herein and other related services dealing with the protection of life or property in an emergency; and NOW, THEREFORE, the Parties do hereby enter into this Intergovernmental Agreement to cooperate upon the following terms and conditions: Section 1: The Parties will jointly fund installation of an Opticom System (the "System ") and engage a contractor to install the System at the following intersections: a. Archer Avenue & Derby Road b. McCarthy Road & Derby Road c. 131st Street & Bell Road Section 2: The Opticom System will be installed by contracts let by the Illinois Department of Transportation (location a & b) and Cook County Highway Department (location c). Final costs will be dependent upon bid prices and contract award by these governmental agencies. Section 3: The Parties will equally fund any engineering and bidding expenses incurred in the procurement of the system. Section 4: The Parties will pay the cost for the devices to be placed in their own vehicles. Section 5: The Parties agree that each will pay fifty percent (50 %) of the cost for future maintenance. The Village of Lemont will be responsible for coordinating all maintenance. Section 6: The Parties agree to fully cooperate and assist each other in maintaining all necessary permits, licenses or applications with any governmental body which has jurisdiction over the above - mentioned intersections or the above - mentioned Opticom Systems. The Village of Lemont is responsible for obtaining the permits required for installation of the system. Section 7: The Parties agree that the Opticom system installed and maintained pursuant to this Agreement shall be used by the Parties for their mutual benefit. Section 8: The Parties agree to waive all and any of their rights to bring any action against each other which allege improper selection and /or installation and /or maintenance of the Opticom System at the above - mentioned intersections. Section 9: Upon declaration by the VILLAGE OF LEMONT that the installation at each intersection is complete, ownership of the system shall vest equally with the Parties. If, for any reason, either Party decides to terminate this Agreement, the non - terminating Party shall own the System. Each party shall maintain ownership of the devices installed in their vehicles. Section 10: This Agreement shall terminate upon sixty (60) days' written notice of termination by either party, or whenever the Opticom System can no longer be maintained, whichever occurs first. Section 11: This Agreement shall be in full force and effect upon its adoption and shall supersede any agreement, resolution or motions or parts of agreement, resolutions or motions in conflict with any part herein and any such resolutions or motions or parts of resolutions are hereby repealed. Section 12: If any section, paragraph or provision of this Agreement shall be held invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect any of the remaining provisions of this Agreement. IN WITNESS WHEREOF, the Parties pursuant to proper and necessary authorization, have executed this Agreement on the date shown below. APPROVED AND ADOPTED on May 6 , 1997 by LEMONT FIRE PROTECTION DISTRICT By: 6 1164r President APPROVED AND ADOPTED President By: Village Clerk