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HomeMy WebLinkAboutRes 01-12 01/17/2012 A Funding Agreement with the RTA for the MP Downtown Implementation PlanRESOLUTION NO. 01 -12 A RESOLUTION AUTHORIZING THE VILLAGE TO ENTER INTO A FUNDING AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY FOR THE THE MOUNT PROSPECT DOWNTOWN IMPLEMENTATION PLAN WHEREAS, the Village of Mount Prospect wishes to undertake one or more public transportation planning related projects; and WHEREAS, the Regional Transportation Authority (the "Authority "), is authorized to study public transportation problems and developments; and to conduct, in cooperation with other public and private agencies, such studies; and WHEREAS, the Authority has the power to expend funds for use in connection with these studies; and WHEREAS, the Authority has the power to make and execute all contracts and other instruments necessary or convenient to the exercise of its powers, and: WHEREAS, approval for said funds will impose certain financial obligations upon the Village of Mount Prospect (the "Recipient "), in the amount of 20% of the not to exceed budget of $100,000 and 100% of any amount that exceeds the not to exceed budget. WHEREAS, in consideration of the mutual covenants set forth, this Agreement is made to provide technical and financial assistance to the Village in the form of a technical services agreement ( "Agreement "), to set forth the terms and conditions upon which the Agreement will be made, and to set forth the Agreement of the parties as to the manner in which the project will be undertaken; and WHEREAS, the corporate authorities of the Village of Mount Prospect have determined that it would be in best interest of the Village to enter into an Agreement with the Regional Transit Authority for Technical Assistance as required to complete the public transportations system study. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the Village Manager, Michael E. Janonis, is authorized to execute and the applications on behalf of the Village of Mount Prospect with the Regional Transportation Authority for a Technical Assistance Agreement for Downtown Implementation Plan. SECTION TWO: That the Village Manager, Michael E. Janonis, is authorized to furnish such additional information, assurances, certifications and amendments as the Regional Transportation Authority may require in connection with this Technical Assistance Agreement application. Resolution No. 01 -12 RTA Grant Agreement SECTION THREE: That the Village Manager, Michael E. Janonis, is authorized on behalf of the Village of Mount Prospect to execute and deliver grant agreements and all subsequent amendments thereto between the Village of Mount Prospect and the Regional Transportation Authority for technical assistance grants, and the Village Clerk of the Village of Mount Prospect is authorized on behalf of the Village of Mount Prospect to attest said agreements and all subsequent amendments thereto. SECTION FOUR That the Village Manager, Michael E. Janonis, is authorized and directed to take such action as is necessary or appropriate to implement, administer and enforce said agreements and all subsequent amendments thereto on behalf of the Village of Mount Prospect. SECTION FIVE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Korn, Polit, Zadel NAYS: None ABSENT: Juracek, Matuszak PASSED and APPROVED this 17 day of January, 2012 Irvana K. Wilks Mayor M. Lisa Angell Village Clerk RZI-KO\WIN\RESOLUTIONWuthorize RTAtechserviceagreementJAN2012 .doc W Community Planning 175 West Jackson 2012 Application Signature Form Suite 1550 Chicago, IL 60604 Project Title: Mount Prospect Downtown Implementation Plan 312.913.3200 wuuw.rtachicago.org The Village of Mount Prospect hereby applies to the Regional Transportation Authority for a Technical Assistance funding grant. Required resolutions and other documents in support of this request are attached and are considered a part of this 2012 Community Planning Application. By signing this Application, the Applicant is committed to and responsible for securing all local matching funding sources (in the amount of 20% of the not to exceed budget of $100,000 and 100% of any amount that exceeds the not to exceed budget) ) and to comply with all federal and /or RTA rules and requirements (if applicable). If multiple organizations are providing sources of local funding, the Applicant is responsible for securing these funds. For the Application to be considered complete, the Applicant must demonstrate to the RTA that there is a binding agreement among the local funding organization(s) that the required local matching funds will be available for the project. Should the total project budget surpass the not to exceed amount specified in the cover letter, the applicant will be responsible for providing those additional project funds. In support of this Application, I offer the above data and attached supporting documents as required. I certify that the statements herein and in the supporting documents are correct and complete. Name of Authorized Official * / 1 of 1 A , Regional Transportation Authority 175 W. Jackson Blvd Suite 1550 Chicago, IL 60604 (312) 913 -3200 www.rtachicago.com June 4, 2012 Mr. Brian Simmons, AICP Village of Mount Prospect 50 S. Emerson Street Mount Prospect, Illinois 60056 Dear Mr. Simmons: Enclosed is one original copy of the executed Intergovernmental Agreement (IGA) between the Village of Mount Prospect and the Regional Transportation Authority for the Downtown Implementation Plan. Please retain this for your files. Once Lakota Group, Inc. has been given a Notice to Proceed on the project, Nicole Nutter, the RTA project manager, will be in contact with you to make arrangements for the kick -off meeting. Should you have any questions, please call Nicole at 312- 913 -2840. Sincerely, Patty Mangano Project Manager, Local Planning and Programs Enclosures cc: Nicole Nutter AIL tra 0 pace INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY, AND THE VILLAGE OF MOUNT PROSPECT, ILLINOIS Contract No.: IGA- 2012 -20 This Intergovernmental Agreement ( "Agreement ") and is entered into by and between the Regional Transportation Authority ( "the RTA "), a municipal corporation of the State of Illinois, and the Village of Mount Prospect, Illinois ( "the Village "), referred to collectively as the Parties. Section 1. Nature and Purpose of Agreement Pursuant to Article VII, §10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act, as amended, (5 ILCS 220/1 et seq.), the RTA and the Village enter into this Agreement. The Parties to this Agreement desire to create an updated transit - oriented development plan for the Village's Metra station area. This study will build upon past planning and development efforts and create specific plans for key parcels in downtown. Through the plan the Village intends to educate the public about the public transportation system, attract new developers, commercial /retail tenants, and shoppers /visitors, enhance the economic viability, and improve the livability and accessibility in Downtown Mount Prospect. In furtherance of this objective, the RTA seeks to contract with a consultant (the "Consultant ") to work in collaboration with the Village to develop the study. The Consultant will complete the creation of a Downtown Implementation Plan report that will incorporate all plan drawings, illustrations, maps, exhibits and supportive narrative, analysis recommendations and implementation strategies. The RTA and the Village each have the statutory authority to conduct, sponsor or participate in the conduct of this Study. It is the purpose of this Agreement to set forth the respective understandings, covenants and obligations of the Parties with respect to the conduct of the Study. Section 2. Consultant Contract The RTA shall negotiate and enter into a contract with the Consultant to assist in the conduct of this study. Consultant selection was based on the recommendation of a selection panel in accordance with the evaluation criteria specified in the Request for Proposal issued for a Consultant. The contract shall be in an amount not to exceed $100,000. Section 3. Conduct of the Study The Parties have agreed to jointly undertake this study and, to that end, have established a project committee (the "Committee ") to guide the study. The Committee includes Village staff, designated appointed an elected officials, the Consultant, and the RTA. The Committee will be responsible for the overall conduct of the study, with project management provided by the RTA. The Parties have agreed to make available relevant resources (e.g., land use plans, redevelopment plans, ridership projections, demographic data, etc.) that they have in hand to assist the RTA and the Consultant in the conduct of the study. The RTA will not be responsible for the completeness or accuracy of any information or data provided to the Consultant by Parties other than the RTA. Section 4. Payment Conditions and Procedures The RTA is responsible for the payment of all necessary, proper and allowable costs for the Consultant contract. The Village will reimburse the RTA for an amount not to exceed ($20,000) or 20% of such actual incurred costs of the contract with the Consultant. In addition, the Village will reimburse the RTA for 100% of any costs incurred in the conduct of the Study in excess of $100,000. The RTA, after receipt of the final invoice from the Consultant, will request such reimbursement from the Village. The Village, upon receipt of the request for reimbursement, shall honor such request by making payment to the RTA within 30 days of receipt of such request for reimbursement. Section 5. General Terms and Conditions a. Amendment. The Parties agree that no change or modification of this Agreement shall be of any force or effect unless such amendment is dated, reduced to writing, executed by all Parties, and attached to and made a part of this Agreement. b. Indemnification. The Village will indemnify, defend and hold harmless the RTA, its officials, agents and employees against any and all liabilities, losses, damages, claims, injuries, deaths, suits, costs, payments and expenses of every kind and nature, including reasonable attorneys' fees and disbursements, as a result of claims, demands, actions, suits, proceedings, judgments or settlements, that result from or arise out of any acts or omissions to act by the Village, its corporate authorities, employees, agents and assigns in the performance of this Agreement. The Village will appear and defend all suits brought upon all such claims, demands, actions and proceedings and shall pay all costs and expenses incidental thereto, but the RTA will have the right, at its sole option and expense, to participate in the defense of any suit, without relieving the Village of any of its obligations hereunder. The indemnification obligation contained in this paragraph will survive termination or expiration of this Agreement. 2 N: \cp \Consolidated Technical Assistance Program \Grant Administration \CTAP Contracts\2012\Mt. Prospect IGA- 2012- 20.doc C. Confidentiality. Any documents, data, records or other information given to or prepared by the Parties pursuant to this Agreement shall be maintained in a confidential manner and shall not be made available to any individual or organization (other than the RTA, the Village, the Consultant, or the members of the Committee, as is appropriate and necessary) without prior written approval by the RTA, except to the extent required by law. d. Documents Forming this Agreement. The Parties agree that this constitutes the entire Agreement between the Parties hereto, that there are no agreements or understandings, implied or expressed, except as specifically set forth in this Agreement. e. Warranties and Representations. In connection with the execution of this Agreement, the Village and the RTA each warrant and represent that it is legally authorized to execute and perform or cause to be performed this Agreement under the terms and conditions stated herein. f. Non - liability of Public Officials. No official, employee or agent of the RTA or the Village will be charged personally by the other party with any liability or expense of defense or be held personally liable under any term or provision of this Agreement or because of the Village's or the RTA's execution or attempted execution or because of any breach hereof. g. Counterparts. This Agreement may be comprised of several identical counterparts, each of which may be fully executed by the parties hereto and, once executed, will be deemed an original having identical legal effect. h. Severability. If any provisions of this Agreement will be held or deemed to be or will in fact be inoperative or unenforceable as applied in any particular case in any jurisdiction or in all cases because it conflicts with any other provision or provisions hereof or of any constitution, statute, ordinance, rule of law or public policy, or for any other reason, such circumstances will not have the effect of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses or sections contained in this Agreement will not affect the remaining portions of this Agreement or any part thereof. 3 N: \cp \Consolidated Technical Assistance Program \Grant Administration \CTAP Contracts\2012 \Mt. Prospect IGA- 2012- 20.doc Interpretation. Any headings of this Agreement are for convenience of reference only and do not define or limit the provisions thereof. Words of any gender will be deemed and construed to include correlative words of the other gender. Words importing the singular number will include the plural number and vice versa, unless the context will otherwise indicate. All references to any exhibit or document will be deemed to include all supplements and /or amendments to any such exhibits or documents entered into in accordance with the terms and conditions thereof. All references to any person or entity will be deemed to include any person or entity succeeding to the rights, duties and obligations of such persons or entities in accordance with the terms and conditions of this Agreement. j. Cooperation. The Village and the RTA agree at all times to cooperate fully with one another in the implementation of this Agreement. k. Assignment. Neither the RTA nor the Village will assign, delegate or otherwise transfer all or any part of their rights or obligations under this Agreement, or any part hereof, unless as approved in writing by the other party. The absence of written consent will void the attempted assignment, delegation or transfer and will render it of no effect. Force Majeure. Neither the RTA nor the Village will be obligated to perform any of their obligations hereunder if prevented from doing so by reasons outside of their reasonable control, including, but not limited to, events of force majeure. m. Governing Law. The Parties agree that, notwithstanding conflict of law principals, disputes which arise as a result of this Agreement will be heard in an Illinois court of competent jurisdiction and that Illinois law will be applied. n. Miscellaneous. Nothing in this Agreement is intended to create rights in any parties other than the RTA and the Village. All rights and duties between the RTA and the Consultant shall be established by the Consultant contract for the Study and not by this Agreement. 4 N: \cp \Consolidated Technical Assistance Program \Grant Administration \CTAP Contracts\2012\Mt. Prospect IGA- 2012- 20.doc o. Notices. All notices, other communications and approvals required or permitted by this Agreement shall be in writing and shall be delivered, sent by certified or registered mail (return receipt requested and postage prepaid), addressed as follows: (a) in the case of the RTA: 175 West Jackson Boulevard Suite 1550 Chicago, Illinois 60604 Attention: Nicole Nutter (b) in the case of the Village: 50 S. Emerson Street Mount Prospect, Illinois 60056 Attention: Brian Simmons, AICP or such other persons or addresses as either party may from time to time designate by notice to the other. All notices required hereunder shall be in writing and shall be deemed properly served if delivered in person or if sent by registered or certified mail, with postage prepaid and return receipt requested, to the addresses specified. All notices required hereunder shall be deemed received on the date of delivery, or attempted delivery, if delivered in person, or if mailed, on the date which is two (2) days after the date such notice is deposited in the mail. Section 6. Term/Termination a. Term This Agreement will commence as of the date of final execution by both parties and will continue until April 14, 2014. This Agreement may be extended at the sole discretion of the RTA, by advance written notice to the Village. b. Termination This Agreement may be terminated by either the RTA or the Village upon ninety (90) days written notice sent to the other party in accordance with Section 5o. of this Agreement. Following termination of this Agreement pursuant to this Section 6b., the Village shall reimburse the RTA pursuant to the terms of Section 4 for any costs paid to the Consultant including termination fees. 5 N: \cp \Consolidated Technical Assistance Program \Grant Administration \CTAP Contracts\2012\Mt. Prospect IGA- 2012- 20.doc IN WITNESS WHEREOF, the Regional Transportation Authority and the Village of Mount Prospect have caused this Agreement to be executed, as of the date first set forth above, by their duly authorized officers. The Village of Mount Prospect By: Regional Transportation Authority By: Name: Michael E. Janonis Title: Villa eg Manager Date: 1 1 - 13 , )// 2 Name: Joseph G. Costellok§SS Title: Executive Director Date: 6 N: \cp \Consolidated Technical Assistance Program \Grant Administration \CTAP Contracts\2012WIt. Prospect IGA- 2012- 20.doc