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HomeMy WebLinkAbout6.6 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE ELK GROVE TOWNSHIP FOR PUBLIC WORKS CREWS TO PROVIDE SNOW AND ICE CONTROL SERVICES ON CERTAIN ELK GROVE TOWNSHIP ROADSMr�GauC �'d'+rt;�iect Item Cover Page Subject•LUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT GROVEWITH THE ELK TOWNSHIP •. PUBLIC WORKS • PROVIDE SNOW CONTROL SERVICES ON CERTAIN ELK GROVE TOWNSHIP •.• Meeting September 6, 2022 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - Fiscal Impact false Dollar Amount Not applicable Budget Source Not applicable Category CONSENT AGENDA Type Consent Information Elk Grove Township abolished its road district in early 2021 by means of voter referendum. Primarily due to annexations over the course of many years, the inventory of roadway owned or maintained by the road district has diminished to less than five (5) miles. Due to this low inventory of roadway, it became costly and impractical to continue procuring equipment, personnel, and material to maintain roads utilizing in-house personnel. Accordingly, Elk Grove Township has elected to abolish its road district and utilize contract labor or intergovernmental agreements to procure certain roadway maintenance services. Recently, Elk Grove Township Supervisor George Busse asked the Village to provide snow and ice control services for township roadways either in the Village limits or very near to the Village limits. These roadways include portions of Hamilton Road, Diane East, and Elizabeth (see Exhibit A) as well as all of Richard M. Hall Drive (see Exhibit B). In total, Elk Grove Township has asked the Village to plow and salt 0.72 centerline miles of its roadways. 1 Attached, for the Village Board's consideration, is an intergovernmental agreement between Elk Grove Township and the Village of Mount Prospect for snow and ice control services on the aforementioned township roadways. The initial term is three (3) years. The IGA can automatically renew for additional three (3) year terms. Either party can terminate the IGA by providing written notice six (6) months in advance of the termination date. The anticipated activity level is 26 storm events per year. For these services, Elk Grove Township will pay the Village $3,830 at the beginning of each winter season. This fee will allow the Village to recapture the full cost of providing these services (approximately $205/mile) at the proposed activity level. The rate will be adjusted for inflation annually. In addition, there is a surcharge added to each snow event when seasonal snowfall accumulation exceeds 55 inches. The attached IGA also formally terminates three (3) prior ICAs between Elk Grove Township and the Village of Mount Prospect for the maintenance of a portion of Linneman Road, Addison Court, Malmo Drive, and Imperial Court. All of these roadways were former township roadways that have since been assimilated as Village -owned streets due to annexations. Alternatives 1. Pass a resolution authorizing an intergovernmental agreement between Elk Grove Township and the Village for Public Works Department crews to provide snow and ice control services on certain township roads. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends that the Village Board approve an intergovernmental agreement with Elk Grove Township for Mount Prospect Public Works Department crews to provide snow and ice control services on certain Elk Grove Township roads. ATTACHMENTS: EXHIBIT A _ IGA_SNOWPLOWING MAP 1.pdf IGA - RD Mt Prospect DRAFT for Snow Plowing.V3-August 23 2022 (004).pdf EXHIBIT B _ IGA_SNOWPLOWING MAP2.pdf Res EFT snow and ice.pdf 2 INTERGOVERNMENTAL AGREEMENT Between the Elk Grove Township and the Village of Mount Prospect This Intergovernmental Agreement (the "Agreement") is made and entered into this day of , 2022 by and between the Village of Mount Prospect (the "Village"), a body politic and corporate of the State of Illinois and Elk Grove Township, a unit of local government (hereinafter referred to as "EGT"). The Village and EGT are sometimes collectively referred to as the "Parties." RECITALS WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the Village and EGT 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, EGT has maintained certain portions of Diane East, Elizabeth Drive, Hamilton Road, and Richard M. Hall Drive, the "EGT Roads," see attached Exhibits A and B); and WHEREAS, the Village and EGT find it is in their interests to enter into an agreement whereby Village shall provide snow removal and ice removal and mitigation measures to the EGT Roads; and WHEREAS, the Village and EGT desire by this Agreement to set forth their respective obligations and responsibilities concerning the snow removal and ice removal and mitigation measures necessary for the maintenance of the EGT Roads; and NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the Parties hereto agree as follows: Section 1. Incorporation of Recitals. The above recitals are incorporated into this Agreement as if fully set forth herein. Section 2. Term of the Agreement. This Agreement, which is a legal, valid and binding contract enforceable against both the Village and EGT, shall be for a three-year (3) term, beginning at the date when both Parties have approved and executed the Agreement. The Agreement shall be automatically renewable for additional three (3) year terms unless either Party terminates the Agreement by giving written notice at least six (6) months in advance of the termination date. 40271284.2 4 Section 3. Scope of Agreement. It is the intention of this Agreement to authorize the Village to provide snow and ice control measures for certain EGT roadways including Diane East, Elizabeth, and a portion of Hamilton Road as indicated in Exhibit A. In addition, this Agreement also authorizes like services for the portion of EGT road Richard M. Hall Drive indicated in Exhibit B. All snow and ice removal work shall be provided on an as -needed basis as determined by the Village. The Village will provide the requisite personnel, equipment, salt, and pre -wetting agents necessary to maintain the safety of EGT Roads during snow and ice control events. Section 4. Payment of Fees. EGT shall pay the Village a rate of $3,830.00 per season ("Seasonal Rate") for snow removal and ice removal and mitigation on the EGT Roads. The payment is due in full no later than the first day of November each calendar year the Agreement is in effect. There will be no refunds of the Seasonal Rate. The Seasonal Rate shall include an annual adjustment that captures the rate of inflation or deflation (as the case may be) as reflected by the consumer price index for this region (as of October 1 st of each applicable year). The Seasonal Rate adjustment shall be determined no later than the first day of October each calendar year the Agreement is in effect. Additionally, when cumulative snowfall for a season exceeds 55" as recorded at O'Hare Airport, the Village shall charge EGT an additional fee of $147.00 for each additional snow or ice control event during the season ("Excessive Snowfall Fee"). The Excessive Snowfall Fee shall be adjusted annually for inflation or deflation (as the case may be) as reflected by the consumer price index for this region on the same date as the Seasonal Rate adjustment is determined. A "Season" shall be defined as the period of time between November I and April 30 each year that this Agreement is in effect. Section 5. Indemnification. The Village shall defend, indemnify and hold harmless EGT, and its officers, agents and employees, from all and any liability, losses, costs, damage or expense, or injury to person or property, including reasonable attorneys' fees, arising out of the execution of this Agreement, the Village's failure to perform any provisions of this Agreement, or the termination of this Agreement with its terms, with the exception of any liability, losses, costs, damage or expense, or injury to person or property arising out of or resulting from (1) the sole action, negligence, malfeasance, or misfeasance of EGT, or its officers, agents and employees in the performance or non-performance of any act pursuant to this Agreement; or (2) any claim by an employee, agent, or subcontractor of EGT. EGT shall defend, indemnify and hold harmless the Village, and its officers, agents and employees, from all and any liability, losses, costs, damage or expense, or injury to person or property, including reasonable attorneys' fees, arising out of or resulting from (1) the sole action, negligence, malfeasance, misfeasance, of EGT or its officers, agents or employees in the performance or non-performance of any act pursuant to this Agreement; or (2) any claim by an employee, agent or subcontractor of EGT. The Village and EGT acknowledge that each party shall, if requested by the other party, furnish the other with a current certificate of insurance or self-insurance evidencing their respective existing public liability, property damage and workmen's compensation insurance coverages at the time of the signing of this Agreement, and that during the term of this Agreement, each party will maintain not less than the same level of insurance coverage. 40271294.2 5 Section 6. Notices. All notices, requests, demands, and other communications (collectively, "Notices") hereunder shall be in writing and given by (i) established express delivery service which maintains delivery records, (ii) hand delivery, or (iii) certified or registered mail, postage prepaid, return receipt requested, to the parties at the following addresses, or at such other address as the Parties may designate by Notice in the above manner: To Village of Mount Prospect: Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 Attn: Village Manager To Elk Grove Township: Elk Grove Township 600 Landmeier Road Elk Grove Village, Illinois 60007 Attn: Township Supervisor Notices also may be given by fax, provided the Notice is concurrently given by one of the above methods. Notices are effective upon receipt or upon attempted delivery if delivery is refused or impossible because of failure to provide a reasonable means for accomplishing delivery. Section 7. Termination of Prior IGAs. All prior intergovernmental agreements entered into by the Parties with respect to snow removal and maintenance of any Township roads are hereby terminated effective as of the Effective Date of this Agreement. Specifically, the following agreements are terminated: • IGA Dated April 1, 2007 regarding maintaining certain portions of Linneman Road • IGA Dated June 27, 2016 regarding maintaining Addison Court (EGT Resolution 2016 -02 -RD) • IGA Dated January 23, 2017 regarding maintaining certain portions of Malmo Drive and Imperial Court (EGT Resolution 2017-01RD) Section 8. General Provisions. A. Governing Law and Venue. This Agreement shall be interpreted under, and 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 the Village and EGT hereby irrevocably consent to the personal and subject matter jurisdiction of such court and waive any claim that such court does not constitute a convenient and appropriate venue for such claims, suits, actions or proceedings. B. Modification. This Agreement may not be altered, modified or amended except by a written instrument signed by both Parties. Provided, however, the Village and EGT 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 such provisions prevent the enforcement of this Agreement. C. Force Majeure. Neither the Village nor EGT shall be liable for failing to fulfill any obligation under this Agreement to the extent any such failure is caused by any event beyond EGT's or the Village's control and which event is not caused by EGT's or the Village's fault or negligence. Such events shall include, but are not limited to, acts of God, acts or war or terrorism, fires, lightning, floods, epidemics or riots. 40271294.2 6 D. Entire Agreement. This Agreement constitutes the entire agreement between the Village and EGT, merges all discussion between themand supersedes and replaces any and every other prior or contemporaneous agreement, negotiation, understanding, commitments and writings with respect to such subject matter hereof. E. Severability. If any provision of this Agreement shall be declared invalid for any reason, such invalidation shall not affect any other provisions of this Agreement which can be given effect without the invalid provision and to that extent, the provisions of this Agreement are severable. IN WITNESS WHEREOF, the Village and the Township have caused this Agreement to be executed by their respective officials on the dates as shown. EXECUTED BY THE VILLAGE OF MOUNT PROSPECT Michael Cassady Village Manager This day of , 2022 ATTEST: Village Clerk 40271294.2 EXECUTED BY ELK GROVE TOWNSHIP George K. Busse Elk Grove Township Supervisor This day of , 2022 ATTEST: Township Clerk Exhibit A Maps showing pplicable roads would be inserted as Exhibit A 40271294.2 ."1 m x W RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH ELK GROVE TOWNSHIP FOR PUBLIC WORKS CREWS TO PROVIDE SNOW AND ICE CONTROL SERVICES ON CERTAIN ELK GROVE TOWNSHIP ROADS WHEREAS, the 1970 Constitution of the State of Illinois, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the Village of Mount Prospect and Elk Grove Township 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, the Village of Mount Prospect and Elk Grove Township find it is in their interests to enter into an agreement whereby Village shall provide snow removal and ice removal and mitigation measures to the Elk Grove Township Roads. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Mayor to sign an Intergovernmental Agreement with the Elk Grove Township for Public Works Crews to provide snow and ice control services on certain Elk Grove Township Roads, attached hereto as Exhibits A and B and made a part of this Resolution. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 6th day of September 2022. Paul Wm. Hoefert, Mayor ATTEST: Karen M. Agoranos, Village Clerk 10