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IGA Oak Brook Park District & VOB for Historical Museum (1112 Oak Brook Rd) 02-11-2004 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND THE OAK BROOK PARK DISTRICT FOR A HISTORICAL MUSEUM AT THE OLD BUTLER SCHOOL (1112 OAK BROOK ROAD) THIS AGREEMENT made and entered into thisllthday of February , 2004, by and between the Board of Trustees of the Village of Oak Brook, an Illinois municipal corporation and a unit of local government located in DuPage and Cook Counties,Illinois,(the"Village")and the Oak Brook Park District, a unit of local government located in DuPage and Cook Counties, Illinois (hereinafter referred to as the "District"), WITNESSETH: WHEREAS, the 1970 Illinois Constitution provides that units of local government may contract and otherwise associate amongst themselves and with individuals, associations and corporations in any manner not prohibited by law or ordinance(Illinois Constitution, 1970,Article VII, section 10); and WHEREAS,the old Butler Elementary School(the"School")is owned by the Village and is located at 1112 Oak Brook Road, within the District's territory; and WHEREAS, the Village and the District have agreed that the School would best serve the public interest if it is used for a historical museum, which will be operated and maintained by the District to collect,preserve, detail and tell the history of Oak Brook in all of its aspects; and WHEREAS,the District will act as the sole overseer in the conversion and operation of the School building for a historical museum, as provided in this Agreement, with the Oak Brook Historical Society serving as advisors to the Board of Park Commissioners of the District; and WHEREAS,the Village and the District have determined to enter into this Intergovernmental Agreement to provide for the ongoing use,maintenance and improvement of the School building for use as a historical museum, NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements as hereinafter set forth, the Village and the District agree as follows: 1. Incorporation of Preambles. The preambles to this Intergovernmental Agreement are incorporated and made a part hereof as though fully set forth herein. 2. Obligations of the Village. The Village shall have the obligation to maintain the exterior of the School building and to maintain and replace, as necessary,the surrounding grounds, including but not limited to sidewalks, driveways and parking areas, at its sole cost and expense. The Village shall also have the obligation to maintain and replace,as necessary,the existing fixtures in the School building, including but not limited to the electrical, plumbing, HVAC, alarm and sprinkler systems. 3. Obligations of the District. The District shall have the obligation to construct and .maintain any.existing or additional improvements to the interior of the School building for its proposed use for a historical museum, at its sole cost and expense, including but not limited to any alteration of space, installation of any new(as opposed to replacement)fixtures, and upgrading the building to current life safety requirements,if necessary,as part of the District's improvements to the School building interior. To fund the necessary improvements and ongoing maintenance of the historical museum, the District may, in its sole discretion, determine to levy a tax to establish, improve,operate,maintain and care for the School building as a museum building as provided in 70 ILCS 1290/1, et seq.,but the District shall have no obligation to fund the necessary improvements and ongoing maintenance through such a tax. The District shall be required to fund any external improvements,including but not limited to reconstruction of shutters,ornamental landscaping, and architectural enhancements,and may determine to fund such improvements by any lawful means,in its sole discretion, including but not limited to existing general funds,monetary donations,in-kind donations, volunteer assistance, grants, and fund-raisers. 4. Use of Building Exterior and Interior. A. The Village shall have the right to use the School grounds and the first floor of the School building in its discretion,in any manner that does not interfere with the use of the School building for a historical museum. B. The District shall have the sole right to use and operate a historical museum on the second floor of the School building,any existing fixtures in the interior of the School Building, and the School grounds for access and parking for such museum; provided that prior to implementing any improvements to the School building,the District will provide the Village Manager with a copy of all plans for improvements for the review of the Village. C. The District will have the sole discretion to determine the usage, operations, programs and activities to be held in the historical museum;provided that prior to displaying any art work that is beygnd the mission of the museum,the District will provide the Village Manager with copies or photographs of such art work, and further provided that all such displays will conform to the District's standards regarding public displays,which is attached hereto and made a part hereof as Exhibit"A". D. A committee will be formed which will include the Director of the District, the Village Manager,the Village's liaison to the Board ofPark Commissioners,the District's liaison to the Village Board of Trustees and two (2)members of the Oak Brook Historical Society. The committee shall meet on a quarterly basis to review and discuss the conversion of the School building to a historical museum and the operation of such museum;provided, however, that the meetings of the committee shall not, under any circumstances, be 2 deemed or construed to diminish the authority of the District to operate such museum in any reasonable manner that it sees fit. E. The District shall have the sole discretion to establish, charge, and collect admission fees for the operation and maintenance of the historical museum in accordance with any requirements of the Illinois Park District Code. F. In their sole discretion, and in accordance with their own policies and practices regarding,the Village and the District shall provide any security for the exterior and interior of the School building, respectively, but shall not be required to provide security unless their respective Boards determine that security is necessary for the area or areas over which they have control and responsibility. 5. Village's Liability and Insurance. The Village shall,at its sole cost and expense, maintain $1,000,000.00 general liability insurance for the exterior of the School building and the School grounds,including all improvements thereon,through an insurance company authorized to do business in the State of Illinois,or through appropriate intergovernmental risk management pools or other methods. The Village shall protect,defend,indemnify and hold harmless the District from and against any and all claims, actions, damages, liability and expenses, including attorneys' fees, in connection with or occasioned by any act or omission arising from or out of any construction, improvement or maintenance of the exterior of the School building and the School grounds or any improvements thereon;provided,however,that the Village shall not be liable for any loss,damage or injury of any kind to any person or property which: (i)arises primarily from the District's use of the interior of the School building for a historical museum; (ii) arises from or is caused by any act or omission of the District or any of its agents, officers, representatives, contractors, employees, licensees or invitees; or (iii) is brought by or on behalf of the District's agents, officers, representatives,contractors, employees, licensees or invitees. If the District shall remain a party to any litigation for which the Village is obligated to indemnify the District, then the Village shall protect and hold the Park District harmless and shall pay all costs,expenses and reasonable attorneys' fees incurred or paid by the District in connection with the defense of such litigation. The District may, at its option, require the Village to assume the District's defense in any action covered by this Section,through counsel approved by the District. At least annually, on or before April 30 of each year,and if requested by the District,the Village shall provide the District with evidence satisfactory to the District that it has in effect all policies of insurance or coverage required to be maintained hereunder, including satisfactory evidence that all premiums thereon have been paid. 6. District Liability and Insurance. The District shall,at its sole cost and expense, maintain$1,000,000.00 general liability insurance for the operation of the historical museum in the interior of the School building, including any improvements therein for the use of the School Building as a historical museum. For this purpose, it shall be acceptable for the District to provide the necessary coverage through an intergovernmental risk management pool. The District shall protect, defend, indemnify and hold harmless the Village from and against any and all claims, actions,damages,liability and expenses,including attorneys'fees,in connection with or occasioned 3 by any act or omission arising from or out of any District use or occupancy of the interior of the School building for a historical museum, and/or use of the museum or any improvements in the School building for such purpose;provided,however,that the District shall not be liable for any loss, damage or injury of any kind to any person or property which(i)arises primarily from the Village's construction, maintenance or improvement of the exterior of the School building or the School grounds, or any improvements thereon; (ii) is caused by any defect in the School building and grounds or any improvements thereon; (iii) is caused by or arises from any act or omission of the Village,or any of its agents, officers,representatives,contractors,employees, licensees or invitees; (iv) is brought by or on behalf of the Village's agents, officers, representatives, contractors, employees, licensees or invitees. If the Village shall remain a party to any litigation for which the District is obligated to indemnify the Village, then the District shall protect and hold the Village harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by the Village in connection with the defense of such litigation. The Village may,at its option,require the District to assume the Village's defense in any action covered by this Section, through counsel approved by the Village. At least annually,on or before June 30 of each year,and if requested by the Village,the District shall supply the Village with evidence satisfactory to the Village that it has in effect all policies of insurance or coverage required to be purchased or provided hereunder,including satisfactory evidence that all premiums thereon have been paid. 7. Term of Agreement. The initial term of the Agreement shall be for twenty (20) years, and the Agreement will be automatically renewed for additional ten(10) years terms unless either party notifies the other of its intent to terminate,in writing,not less than sixty(60)days prior to any termination date. 8. Modification of Intergovernmental Agreement. The provisions of this Intergovernmental Agreement may be modified at any time during the term of the Agreement, but only in writing, and executed by the Village and the District. 9. Notices. Any and all notices required hereunder shall be in writing and shall be sent to the respective parties by U.S. Mail, personal delivery or confirmed facsimile as follows: To the Village: Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Facsimile: 630-990-0876 To the Park District: Director of Parks and Recreation Oakbrook Park District 1450 Forest Gate Road Oak Brook, IL 60523 Facsimile: 630-990-8379 4 All mailed notices shall be deemed effective four (4) days following their deposit in the United States mail, postage prepaid, to the addressee. 10. Entire Agreement. This Intergovernmental Agreement, including all matters incorporated herein,contains the entire agreement between the parties. There are no other covenants, warranties,representations,promises,conditions or understandings between the parties,either oral or written, other than those contained herein. 11. Governing Law. This Agreement shall be governed by the laws of the State of Illinois both as to interpretation and performance. The forum for resolving any disputes concerning the parties' respective performance, or failure to perform, under this Agreement, shall be the 18th Judicial Circuit Court for DuPage County, Illinois. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. VILLAGE OF OAK BR OAK BROOK PARK DISTRICT By: By: �Is President Its President Attest: Attest: Its Secretary Its Secretary 4 h\barb\obpd\agreements\historicmuseum.12.16.03 5 Attachment "A" Oak Brook Park District and Village of Oak Brook Old Butler School Museum Artwork Display Waiver I understand that by displaying my artwork at the Oak Brook Park District and Village of Oak Brook Old Butler School Museum (OBSM), that I do hereby fully release and discharge the Oak Brook Park District and the Village of Oak Brook and its officers, agents, servants and employees from any and all claims from injuries, damages or loss which may arise out of, connected with, or in any way associated with the display of my artwork at the OBSM. I also understand that the OBSM is intended for the use of persons of all ages, including young children who are entitled to be protected from exposure to materials which are or may be inappropriate or harmful for minors. I further understand and acknowledge that the Oak Brook Park District and the Village of Oak Brook are fully entitled to maintain an environment which is appropriate for families, including young children. I, therefore, agree that the Oak Brook Park District and the Village of Oak Brook have the sole and complete right to determine whether any particular artwork shall be displayed, and where and when any permitted display shall occur, and I agree to abide by its decision in this regard. I also agree that the Oak Brook Park District and the Village of Oak Brook has the right to remove any artwork on display at any time for any reason consistent with this paragraph. I understand that the Oak Brook Park District and the Village of Oak Brook is not responsible for any damage to the artwork while it is being displayed at the OBSM. I understand that I may not place a price on the work, but that I may place a card no larger than a traditional business card with my name and phone number on each work. The Park District or the Village will not be a party to or be responsible for any transactions that may result from the display of the works. I have read all of the above and agree to accept these conditions for my artwork to be displayed at the Old Butler School Museum. Signature Name (Please Print) Address: Phone Number: Title/Description of Artwork: Official Use Only Date: Accepted: Rejected: B B mr:vob:artwork display waiver 3-23-04 RESOLUTION 2003—AG—EX1—R-865 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK AND THE OAK BROOK PARK DISTRICT FOR A HISTORICAL MUSEUM AT THE OLD BUTLER SCHOOL(1112 OAK BROOK ROAD) WHEREAS, the 1970 Illinois Constitution provides that units of local government may contract and otherwise associate amongst themselves and with individuals, associates and corporations in any manner not prohibited by law or ordinance(Illinois Constitution, 1970,Article VII,Section 10);and WHEREAS, the old Butler Elementary School (the "School') is owned by the Village of Oak Brook ("Village")and is located at 1112 Oak Brook Road,within the Oak Brook Park District's("District")territory;and WHEREAS, the Village and the District have agreed that the School would best serve the public interest if the majority of the structure is used for a historical museum,which will be operated and maintained by the District to collect,preserve,detail and tell the history of Oak Brook in all of its aspects;and WHEREAS, the Village and District have determined to enter into this Intergovernmental Agreement to provide for the ongoing use, maintenance and improvement of the School building for use as a historical museum; and WHEREAS, the President and Board of Trustees of the Village of Oak Brook find and hereby declare that it is in the best interests of the Village to enter into an Intergovernmental Agreement with the District for a historical museum at Butler School. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK,DU PAGE AND COOK COUNTIES,ILLINOIS as follows: Section 1: That the recitals set forth above shall be and are hereby incorporated as if said recitals were fully set forth herein. Section 2: That an"Intergovernmental Agreement"between the Village and the District is hereby approved for a Historical Museum at the School (the "Agreement"), and the Village President and Village Clerk are, respectively,authorized to execute and attest the Agreement in substantially the form attached hereto as Exhibit"A". Section 3: That any ordinance or resolution of the Village that conflicts with the provisions of this resolution is hereby repealed to the extent of the conflict. Section 4: That this resolution shall be in full force and effect from and after its passage and approval as provided by law. APPROVED THIS 9th day of December 2003. /V-' age Presid nt \ . ` Resolution 20 0\±\-£Z1--a65 Intergovernmental Agreement Oak Brook Park DSc Page 2 . PASS D TH S 9t day of Decem er ,2003. Ayes: Trustees wkti@is, Caleel, Craig, Eori, &iologos and Yus£ . Nays: None . Absent: None . 1 7 1 OF USt e9p b. e VILLAGE OF OAK BROOK 10 G y a Village Board Transmittal Memorandum CDU11'11 ' DATE: November 21, 2003 SUBJECT: Intergovernmental Agreement by and Between the Village of Oak Brook and the Oak Brook Park District for a Historical Museum at Butler School FROM: Richard B. Boehm,Village Manager e� RECOMMENDATION: Following nay discussion on this item staff recommends the following motion: I move to continue this item to the Board of Trustees meeting of December 9,2003. The accompanying draft document represents what is believed to be the intent of the Village of Oak Brook and the Oak Brook Park District.While this document is believed to be approximately 90%complete,there are still some minor issues to be resolved(some of my notations are found on the draft copy). One of the major departures of the past concept is that the museum can be located on the upper floor with village storage on the lower level. Should the Board have any comments on the document we could discuss those at the meeting or by contacting my office. rbbottransmittal memorandum.doc 7. E. Costs for creative ad production by pointb communications are billed separately as a part of each applicable job. The total not-to-exceed amount of the agreement with pointb communications is $319,731. The funds for this program come from the 1% room tax on overnight hotel stays in Oak Brook. Per State statute, the funds are to be spent on activities intended to result in overnight stays in the municipality. Motion by Trustee Caleel, seconded by Trustee Korin, to approve the 2004 marketing campaign totaling $319,731, as recommended by the Oak Brook Hotel, Convention and Visitors Committee, and authorize the Village Manager to execute the necessary agreements, following staff and Village Attorney review. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Craig, Korin, Miologos and Yusuf. Nays: 0 - None. Absent: 1 - Trustee Aktipis. Motion carried. FINTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE INTGVNMNTL AGR -V013&V013 PRK OAK BROOK AND THE VILLAGE OF OAK BROOK PARK DISTRICT DISTRICT Manager Boehm explained that further review was needed in finalizing the intergovernmental agreement. Motion by Trustee Caleel, seconded by Trustee Yusuf, to continue this agenda item to a December 91h meeting. VOICE VOTE: Motion carried. 8. INFORMATION &UPDATES: rNFO&UPDATES A. VILLAGE PRESIDENT: VLLG PRES President Quinlan wished everyone a safe and happy holiday. B. VILLAGE MANAGER: VLLG MGR Manager Boehm announced that the Village Manager of Winfield, Jeff Moline, has accepted the position of Assistant Village Manager in Oak Brook Jeff was in attendance of the meeting and he will join our staff in January. C. VILLAGE CLERK: VLLG CLK Clerk Gonnella announced that Sally Jackson has been hired as the new Document Imaging Clerk in the Village Clerk's Department. In her first four weeks with the Village she has electronically scanned the previous three years of the Village Board of Trustees meetings, Plan Commission, Committee-of-the-Whole and Autumn Festival Committee meetings. VILLAGE OF OAK BROOK Minutes Page 8 of 9 November 25, 2003 4* e VILLAGE OF OAK BROOK Village Board Transmittal Memorandum JJJ DATE: December 5, 2003 SUBJECT: Intergovernmental Agreement by and Between the Village of Oak Brook and the Oak Brook Park District for a Historical Museum at Butler School FROM: Richard B. Boehm,Village Manager rye, RECOMMENDATION: Following any discussion on this item staff recommends the following motion: I move to approve a resolution entitled: A Resolution Approving an Intergovernmental Agreement Between the Village of Oak Brook and the Oak Brook Park District for a Historical Museum at Butler School This matter was continued from the Board's November 25th meeting. The accompanying.draft document represents what is believed to be the intent of the Village of Oak Brook and the Oak Brook Park District with regard to the use of a portion of the old Butler School Building as a historical museum. According to the terms contained in the proposed document the village will be obligated to maintain the exterior of the building and existing appurtenances;the Village will also be obligated to maintain existing mechanical systems.Under the terms of the agreement, the Park District will be obligated to construct and/or maintain the interior space that would be utilized as a museum. In addition,the agreement calls for the formation of a committee that will act in an advisory capacity to recommend the conversion of space into a museum and the operation of the museum. Staff would like to recommend adopting the Resolution and executing the Intergovernmental Agreement with the Park District as presented. The Park District Board is expected to consider this matter at its December 8, 2003 meeting Old butler school agreement.doc 7. B. 5) Ayes: 6 - Trustees Aktipis, Caleel, Craig,Korin,Miologos and Yusuf. Nays: 0 -None. Absent: 0 -None. Motion carried C. AWARD OF CONTRACTS: AWARD CT 1) PUMPER REPLACEMENT—ENGINE 911 ENGINE l REPLCMN T Due to age and unreliability, it is time to replace our 1978 Emergency One pumper, Engine 911. The fire department has prepared a specification for the replacement and has designed the new pumper to handle the wide variety of calls that it will respond to. The spec committee, under the direction of Lt. Mark Schoppe has worked to cut costs and at the same time provide the Village with a pumper that will meet Village needs for the next 20 years. After looking at several manufacturers, the committee has recommended that we continue to purchase our fire apparatus from Emergency One. It is recommended for the following reasons; • Fleet Conformity — The advantage to the Village of maintaining a fleet of like vehicles is significant. The training of new driver's simplified, as all vehicles are the same. The benefits in maintenance are many, from parts inventory to ease of repair. Gary Martens has been to schools at Emergency One and is certified to make the necessary repairs on these specialized vehicles. • Service Center — The service center and warranty repair station for Emergency One is located at Mid-America Truck Company on Route 83,just north of Roosevelt Road. This proximity to the Village is a tremendous advantage in getting quick service, parts and technical assistance. • Corporate Advantage — Federal Signal Corporation, headquartered here in Oak Brook, is the parent company of Emergency One. As one of our corporate partners, Federal Signal has provided the Village with much support over the years. Recently, they donated emergency lights for the Police Department "DARE" car, and donated the entire warning light and siren package for the Battalion Chief car, valued at over $4,000.00. In addition, when we experienced corrosion on our Emergency One Ladder Truck 914 and Engine 915, Federal Signal repainted both vehicles, even thou both were well out of warranty. VILLAGE OF OAK BROOK Minutes Page 6 of 9 December 9, 2003 . OPT $Rpp� Oak Brook Park District 19 62 1450 FOREST GATE ROAD • OAK BROOK, ILLINOIS 60523-2151 .O 'X� 630/990-4233 FAX: 630/990-8379 admin @obparks.org March 6, 2006 www.obparks.org Jeff Moline Assistant Village Manager Village Of Oak Brook 1200 Oak Brook Road 1 0 2006 Oak Brook, IL 60523 Dear Mr. Moline: As you requested in your letter of March 2, 2006, we are enclosing an updated copy of the Certificate of Insurance as part of the intergovernmental agreement for the use of the Old Butler School as a historical museum. If you have any questions, please contact me at 630-645-9571. Sincerely, ��(l Michael Sletten Acting Executive Director A f.j Printed on recycled paper Not valid for Additional Insured Endorsement Page 1 of 1 + - Certificate of Coverage Name and Address of Agency Name and Address of Member Park District Risk Management Agency Oak Brook Park District PO Box 4320 1450 Forest Gate Road Wheaton, IL 60189-4320 Oak Brook, IL 60523 (630) 769-0332 630-645-9571 Scope of Coverage The Park District Risk Management Agency (PDRMA) is an intergovernmental self-insurance and risk management pool established under the Constitution and the statutes of the State of Illinois to provide coverage for its members against certain claims and losses. Each member of PDRMA is entitled to the scope and amounts of coverage set forth below. In addition, PDRMA may extend the same scope of coverage to non-members. However, any coverage extended to a non-member is subject to all of the terms, conditions, exclusions, and amendments which are applicable to the members. The above named entity is a member in good standing of the Park District Risk Management Agency. The scope of coverage provided by the Agency may, however, be revised at any time by the actions of PDRMA's governing body. As of the date this Certificate is issued, the information set out below accurately reflects the scope of coverage established for the current coverage year. This document may NOT be used,to extend Additional Insured status to the certificate holder or any other individual/organization/entity. Scope of Coverage Expiration Date Limits Each Occurrence In millions (000,000) General Liability Bodily Injury and Property Damage 3 X commercial general 12/31/2006 Combined liability X occurrence Personal Injury 3 Automobile Liability 12/31/2006 Bodily Injury and Property Damage 3 Combined Workers' Compensation 12/31/2006 Statutory Employer's Liability 12/31/2006 3 Liquor Liability 12/31/2006 3 Description of Operations/Location/Vehicles/Special Items RE: Historical Musuem at Old Butler School. Certificate Holder Cancellation Village of Oak Brook Should any of the above described coverages be cancelled before the Jeff Moline, Assistant Village Manager expiration date thereof, PDRMA will endeavor to mail 30 days written 1200 Oak Brook Road notice to the certificate holder, but failure to do so shall impose no Oak Brook, IL 60523 obligation or liability of any kind upon PDRMA, its members, agents or representatives. AUTHORIZED REPRESENTATIVE d Date Issued: 3/6/2006 ©PDRMA 2006 http://www.pdrma.org/dept/admin/coi/default.aspx 3/6/2006