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Home My WebLink AboutRes 48-20 Intergovernmental agreement between The City of Prospect Heights and the Village of MP to share expenses and utilize federal surface transportation program fund to resurface Seminole LaneRESOLUTION NO. 48-20 A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PROSPECT EIGHTS ANIS THE VILLAGE OF MOUNT PROSPECT TO SHARE EXPENSES AND UTILIZE FEDERAL, SURFACE TRANSPORTATION I:RTATIO PROGRAM FUNDS TO RESURFACE SEMINOLE LANE WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act 5 ILLS 22011, et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, the Village of Mount Prospect is a home rule unit of goverment pursuant to Article VII, Section 6 of the Illinois Constitution; and WHEREAS, Mount Prospect and Prospect Heights are units of government within the meaning of the Constitution of the State of Illinois, 1970, Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, Prospect Heights has applied for and anticipates approval of Federal Surface Transportation Program (STP) funding for resurfacing Old Willow Road/Seminole Lane between Wolf Road and Mura Lane; and WHEREAS, Mount Prospect and Prospect :Heights .have determined that it is to the mutual benefit of the two communities and their citizens to share the costs of the Project; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have deemed that the best interests of the Village will be served by entering into the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION ONE: The President and Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Mayor to execute an Intergovernmental. Agreement between the City of Prospect Heights and the Village of Mount Prospect to share expenses and utilize Federal Surface Transportation :Funds to resurface Seminole Lane, attached hereto and made a part of this Resolution as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the mer provided by lay. AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, zadel. 0 , %'LN Res. 48-20 Seminole Ln. PASSED and APPROVED this 20th day of October, 2020 . . .. ....................................... ........ ............... . Arlene A. Jurac k Mayor Laren M.Ag, o r- �"ato;, S, Village Clerk Res. 48-20 Seminole Ln. INTERGOVERNMENTAL AGREEMENT -This Intergovernmental Agreement (the "Agreement") is made and entered into by and between the Village of Mount Prospect ("Mount Prospect"), and the City of Prospect Heights ("Prospect Heights"), both being a body politic and corporate of the State of Illinois. Mount Prospect and Prospect ts aas re sometimes collectively referred to the "Pa Heighrties". WHEREAS, the Constitution. of the State of Illinois, 1970, Article VII, Section I O� authorizes units of local government to contract or otherwise associate among themselves 0 in any manner not proted by law or ordinance; and WHEREAS, the provisions of the Intergovern mental Cooperation Act, (5 ILCS 220/1. et seq.), authorizes and encourages intergovernmental cooperation; and WHEREAS, Mount Prospect and Prospect Heights are units of govemment withm the meaning of the Constitution of the State of Illinois, 1970, Article VII, Section 10, having the power and authority to enter into an intergovemmental agreement; and -INHEREAS, Prospect Heights has applied for and anticipates approval of Federal Surface Transportation Program (STP) funding for resurfacing Old Willow Road/Seminole Lane between Wolf Road and Mura Lane (the "Project"); and WHEREAS, the parties have determined that 32% of the project limits are within the corporate limits of Prospect Heights and 68% of the project limits are within the corporate limits of Mount Prospect; and WHEREAS, the parties agree that each municipality will pay for the proportionate share of the project wn its corporate limits; and WHEREAS, Mount Prospect is willing to reimburse Prospect Heights for the costs of the Project that involve th e portion of Seminole Lane under Mount Prospect's j Urisdiction; and WHEREAS, the Parties have determined that it is to the mutual benefit of the two communities and their czens for Mount Prospect and Prospect Heights to share the costs of the Project; and '17AEREAS, Mount Prospect and Prospect Heights desire by this instrument to set forth their respective obligations, and responsibilities concerning sharing the costs of the Project; and NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the Parties hereto agree as follows: 1.1 Prospect Heights has inated the detailed design of the Project with a target letting date of April, 2021. 1.2 The Parties agree that Prospect Heights will calculate Mount Prospect's share o the design and construction costs of the Project based on Mount Prospect's shar of the costs actually incurred by Prospect Heights. Prospect Heights shall indicat to Mount Prospect its share of the cost for the Project that Mount Prospect wil pay, subject to Mount Prospect's review and approval of the cost allocatio calculation. 2.1 Prospect Heights shall pay all the costs related to work on the Project. 2.2 Prospect Heights shall provide the construction engineering and it shall be solely responsible for conducting and completing the Project. 2.3 Prospect Heights shall conduct the final inspection of work for the Project and it shall accept the work and determine that the Project is completed. 2.4 Prospect Heights shall send invoices to Mount Prospect for reimbursement of its share of the costs of the Project. 3.1 Mount Prospect shall provide timely review of the design plans and provide comments 3.2 Mount Prospect shall participate in the final inspection of work on its portion of th Project prior to final acceptance of the Project by Prospect Heights. 3.3 Mount Prospect shall timely reimburse Prospect Heights for its portion of the costs of the Project upon receipt of invoices from Prospect Heights. Section 4. f&DVI-ILftQyJsifta&, 4.1 Q - lThis Agreement shall be interpreted under, and igyp. * law--,-, 11, 1, L Y MKI� governed by, the laws of the State of Illinois. Any claim, suit, action or proceeding brought in connection with this Agreement shall be in the Circuit Court of Cook County and both Mount Prospect and Prospect Heights hereby irrevocably consent to the personal and subject matter jurisdiction of such court and waives any claim that such court does not constitute a convenient and appropriate venue for such claims, suits, actions or proceedings. 4.2 � Fi, tli This Agreement may not be altered, modified or amended except by a written instrument signed by both Parties. Provided, however, Mount Prospect and Prospect Heights agree that provisions required to be inserted in this Agreement by laws, ordinances, rules, regulations or executive orders are deemed inserted whether they appear in this Agreement and that in no event will the failure to insert said provisions prevent the enforcement of this Agreement. 4.3Emo ura, Neither Mount Prospect nor Prospect Heights shall be liable for - failing to fulfill any obligation under this Agreement to the extent any such failure is caused by any event beyond Mount Prospect's or Prospect Height's control and which event is not caused by the Parties' fault or negligence, individually or collectively. Such events shall include, but are not limited to, acts of God, acts or war or terrorism, fres, lightning, floods, epidemics or riots. 4.4 Notices. Unless otherwise specified, any notice, demand or request pursuant to this Agreement must be given in writing at the addresses set forth below by any of the following means: personal service, overnight courier or first-class mail. TO THE VILLAGE OF MOUNT PROSPECT: Michael Cassady Village Manager 50 South Emerson Street Mount Prospect, Illinois 60056 Tl-l",E Cl,"T'YOF PROSPECT HEIG]"I''T S1:1 Mr. Joe Wade City Administrator 8 North Elmhurst Road Prospect Heights, Illinois 60070 4.5 r;,j i, I t M.., This Agreement constitutes the entire agreement between Mount Ag mc une nt, Prospect and Prospect Heights, merges all discussion between them and supersedes and replaces any and every other prior or contemporaneous agreement,, negotiation, understanding, commitments and writings with respect to such subject matter hereof. IN WITNESS WHEREOF, Mount Prospect and Prospect Heights have caused this Agreement to be executed by their respective officials on the dates as shown. EXECUTED BY THE VILLAGE OF MOUNT PROSPECT Arlene A—Juracek,i*ayor Date: /0 1�140)',2026 F, 10% V = VLte Cl il age Clerk EXECUTED BY THE CITY OF PROSPECT HEIGHTS Nicholas Helmer, Mayor I - — ------------- - - City Clerk