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HomeMy WebLinkAboutRes 13-97 02/17/1997 /caf 2/11/97 RESOLUTION NO. A RESOLUTION AUTHORIZING PARTICIPATION IN THE · NORTHEr. ST ILLINOIS PUBLIC SAFETY TRAINING ACADEMY STUDY ENTITY WHERE/~S, tl~6 redevelopment plan for Glenview Naval Air Station (GNAS) approved by the Village of Glenview includes several structures and approximately 25 acres of land dedicated for re-use as a public safety training academy; and WHEREAS, the availability of the structures and adjoining acreage has prompted an initiative by municipalities and rite protection districts to develop a Northeast Illinois Public Safety Training Academy (NIPSTA) Intergovernmental agreement for the development ;and operation of this /re,.~u rce and ':.wFrI~REA~;,~bl.t~, of.t~lre' a,d Pohce Departments have ident,fied numerous benefits and ,,economie.~ 8'f'¢~*d~le~..l~f~:~>l~0Ssible through this effort including reduced operational, personnel · and trailing.costs, along with enhanced quality of training and educational programs to fireflghters'and police officers and have therefore recommended membership in this study entity; and WHEREAS, in order to proceed with planning, the intedm planning agency has asked for a formal indication of intent to join the next phase of this effort; and WHEREAS, funding will be subject to and part of the budget review and adoption process of the Village of Mount Prospect as an affirmative indication of intent to join now and should be binding except for the introduction of substantive new information. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS SECTION ONE: That the Mayor is hereby authorized to sign the "Developmental Agreement for the Northeast Illinois Public Safety Training Agency" for the purpose of establishing membership in the next phase of the project. SECTION TWO: That funding for membership will be channeled through the appropriate budget process and subject to the Village Board's review and adoption. It is the intent of the Village Board of Mount Prospect to participate in NIPSTA on the basis of the information provided to date, which requires payment of approximately $14,606 per year, based on EAr. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Clowes, Hoefert, Ouracek, Wilks NAYS: None ABSENT: Corcoran, Hendricks PASSED and APPROVED this ],Sth day of February ,1997. Mayor Carol A. Fields Village Clerk Resolution ]3-97 2/18/97 AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF LAND FORMERLY KNOWN AS GLENVIEW NAVAL AIR STATION TO BE USED AS A PUBLIC SAFETY TRAINING CENTER WHEREAS, a number of governmental bodies in northeast Illinois have considered the creation of an intergovernmental agency to provide public safety training for its members; and WHEREAS, a portion of the former Glenview Naval Air Station, including certain buildings may become available for purchase or long-term lease to permit the development of a public safety training center; and WHEREAS, careful planning for the creation of such an intergovernmental agency and the possible uses of the training facility will require the employment of various consultants to evaluate the feasibility of such an agency, it financing, physical location and operations; and WHEREAS, a number of governmental agencies are willing to enter into an intergovernmental agreement to create an entity to receive and administer contributions from the potential members of such an agency to fully study the creation of such an agency and to prepare a report to its potential members; and WHEREAS, governmental agencies interested in the creation of such an agency wish to develop, through an intergovernmental agreement, a study entity to outline the manner in which funds can be contributed, utilized, accounted for and surplus funds returned. NOW, THEREFORE, THE CONTRACTING MEMBERS OF THE INTERGOVERNMENTAL STUDY ENTITY TO CREATE THE NORTHEAST ILLINOIS PUBLIC SAFETY TRAINING AGENCY AGREE AND COVENANT AS FOLLOWS: SECTION I: Definitions: MEMBER Member shall mean a municipality or fire protection district, the name of which is contained in Appendix "A", attached hereto and hereby made a part hereof. Appendix "A" also contains the contribution from member initially required to be made under this Agreement. AGENCY Agency shall mean the Northeast Illinois Public Safety Training Agency (NIPSTA), which may become an intergovernmental entity as a result of the acceptance by some or all of the Members of other governmental bodies, under the terms of an intergovernmental agreement which will be prepared under the directions of the study entity. STUDY ENTITY The entity established in this intergovernmental agreement to administer the funds of the members, to develop reports and proposals regarding a public safety training agency and center, to develop an intergovernmental agreement for the creation of the Agency and other documents necessary to administer, account for and return any surplus contributions under this agreement. SECTION 2: Effective Date and Term: This Agreement shall become effective when it is accepted and executed by or on behalf of members whose financial contribution shall in total, amount to at least One Hundred Thousand Dollars ($100,000.00). The duration of the Study Entity shall not exceed three (3) years from its commencement date, and it shall terminate at the creation of the Agency. An organization meeting may be called at any time after the requisite funds have been committed. Certified copies of the Resolution authorizing the execution of this Agreement shall be sent to N IPSTA c/o Glenview Fire Department, 1815 Glenview Road, Illinois 60025. SECTION 3: Purpose: The purpose of the Study Entity shall be to prepare such reports and documents and to take such other action as shall be necessary or desirable for the Members to determine whether they wish to.join in the creation of the Agency. The Study Entity may also take Such other actions, including the entry into options to purchase or lease land, along with the costs of surveying and testing real property and maintaining structures or purchasing items which would be useful in public safety and training so long as the financial expenditures of the Study Entity do not exceed that amount contributed by the Members under Appendix "A", or such other amounts as the Members may contribute or that the Study Entity may procure from governmental or private sources. SECTION 4: Board of Directors: The Study Entity shall be governed by a Board of Directors and an Executive Committee. The Board of Directors shall be composed of one (1) representative selected by each Member who shall serve in that position until the Member shall select 2 another representative. The Board of Directors shall not be required to meet more than once during a fiscal year although it may hold other meetings at the call of the Chairman or any throe (3) Members~ The Board of Diroctors must vote on the manner in which any surplus funds or other assets of the Study Entity aro dealt with at the time of the termination of this Agroement. The Board of Diroctors shall create such officers as it desires including a Chairman, Vice Chairman, Secretary and Treasurer. Such officers may serve on the Executive Committee. The Board of Diroctors may assign all or any other functions of the Study Entity to an Executive Committee which shall contain that number of police and fire department representatives an Members of the Board of Directors as that body shall determine. Once chosen, Members of the Executive Committee shall serve for the entiro three (3) year term of the Study Entity and any vacancies on the Executive committee shall be filled by vote of the remaining Members of the Executive Committee. an the annual meeting of the Board of Diroctors, the Executive Committee shall report on the activities undertaken during the prior fiscal year and shall outline those activities planned to be taken in the subsequent fiscal year. SECTION 5: Additional Members: Any Member'listed on Appendix "A" may join the Study Entity atany time during its existence by adopting the terms of this Agroement as then amended, and paying the required contribution. The Board of Directors may, be an affirmative two-thirds (2/3) votepermit other units of local government to become members ofthe' Study Entity. upon the payment of any appropriate contribution as determined by the Board of Diroctors. SECTION 6: Amendment of this Agreement: This Agreement may be amended by the affirmative vote of two-thirds (2/3) of the Board of Directors at a regular or special meeting of the Study Entity, but the general terms of any amendment to be proposed must be transmitted to the Members at least seven (7) days beforo the meeting, such amendment ;may not include the obligation to make additional contributions to the Study Entity, or to extend the terms of the Study Entity without the affirmative vote of at least three-fourths (3/4) of the Members of the Board of Diroctors. Any Member in opposition to such an amendment, within sixty (60) days after the effective date of that amendment, may serve notice on the Study Entity that it wishes to withdraw from the Study Entity. Such a withdrawing Member shall not be obligated to make any additional financial contributions or roceive any rofund of previous contributions to the Study Entity, or to take any other actions pursuant the amendment. SECTION 7: Liability and Compliance: It is intended by the Members that the only financial obligation shall be for the initial or 3 subsequent financial contributions in accordance with this Agreement. In the event, however, that a claim, demand or suit is filed against the Study Entity, the Board of Directors should approve a settlement or where a judgment is entered against the Study Entity, the payment of that settlement or judgment shall be the obligation of the Members in proportion to their contribution to the Study Entity. In the event that a Members fails to make required financial contribution to the Study Entity or otherwise breaches this Agreement and the Study Entity should incur costs in the collection of that unpaid amount or the enforcement of this Agreement and such actions are successful, the defaulting Member shall pay for the full costs and expenses, including but not limited to attorneys' fees incurred by the Study Entity in such action. Any rights of the Study Entity to such payment shall be transferred to the Agency or may be pursued by the Study Entity after its termination. It is intended in this Agreement that the units of local government which a Members of the Study Entity shall each be fully responsible for any claim, demand or suit filed against them or their representative to the Study Entity relating to actions arising out of its membership. In the event that a claim demand or suit is made against an officer of the Study Entity, including members of the Executive Committee and the conventional insurance orgovernmental self-insurance poll which provides coverage for the Members which that officer represents, does not provide coverage for such claim, demand or suit, then any funds or assets of the Study Entity shall be utilized to defend and indemnify that officer. SECTION 8: Termination: At the time that the timer, or extended term of the Study Entity shall conclude, the Board of Directors shall determine the manner in which any surplus funds or other assets of the Entity Study shall be utilized or distributed. The Board of Directors may transfer all: assets of the .Study Entity to the Agency, if created, may divide such assets proportionally among the Members or may take any other action permitted by law. SECTION 9: Finances and Audit: Contributions to the Study Entity shall be transmitted to a Treasurer. The Treasurer shall account for those funds and shall prepare, from time-to-time, a report to the Executive Committee and annually to the Board of Directors, reporting on the financial affairs of the Study Entity. SECTION 10: Enforcement: The terms of this Agreement may be enforced by the Study Entity; the Agency and any three I3) Members of the Study Entity or the Agency. The venue for this Agreement shall be in the Circuit Court of Cook County. 4 ECTION 11: Execution: The Members shall authorize, by Resolution, that a person sign this Agreement. This Agreement may be executed in separate identical counterparts. I do hereby certify that I have been authorized to sign this Intergovernmental Agreement on behalf of the Village of Mount Prospect and further certify that the Village of Mount Prospect is prepared to transmit, upon request, our financial contribution, as set forth in Appendix "A". VILLAGE OF MOUNT PROSPECT Gerald L. F~rley Village President /. ATTEST: Carol A. Fields Village Clerk 5