HomeMy WebLinkAboutRes 25-22 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 RoadsA RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT
WITH ELK GROVE TOWNSHIP FOR PUBLIC WORKS CREWS TO
PROVIDE SNOW mAND ICE CONTOL SERVICES ONµ CERTAIN ELK ,G OVE OWNSHIP 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.
AOW, THEREFORE, ORDAINED
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE
EXERCISE OF •
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: Filippone, Gens, Matuszak, Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 6th day of Septet
ATTEST:
Karen M. Agora nos,iIP`-4 "Clerk
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 (� w ik its_,&_and._ );
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. The above recitals are incorporated into this
Agreement as if fully set forth herein.
Section 2. "1 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
Section 3. Sclipg, jif AULceinent. 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. Payaleilt r ' °'gg. 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 1 and April 30
each year that this Agreement is in effect.
Section 5. Judgminificatign. The Village shall defend, indemnify and hold harmlessEGT,
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.
40271284.2
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 2017-01 RD)
A. G verr�in ....Law and ...enue. 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 Ma'eure. 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.
40271284.2
D. w„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
M �� d -
Michael Cassady
Village Manager
'niis_ `_day t> .._..g �& _.., 2022
ATTEST:
Village Clerk
40271284.2
EXECUTED BY ELK GROVE
TOWNSHIP
George K. Busse
Elk Grove Township Supervisor
This 2-7 day of ;5�-, 2022
ATTEST:
Township Clerk
Exhibit A
Maps showing applicable roads would be inserted as Exhibit A
40271284.2
EXHIBIT A Roadways included in VOMP/EGT
lGA for Snowplowing 0.59 Miles
MAP AS QF AUGU ST 2022
BY.,PtPW
IW4- Roadways included in VOMP/EGT
a forSnowplowing
MAP AS OF AUGUST 2022
BY jj PIP W