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Home My WebLink AboutRESOLUTION - 54-22 - 11/15/2022 - Elk Grove Township Roadways Providing Snow and Ice Removal Intergovernmental AgreementRESOLUTION NO. 54-22 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE ELK GROVE TOWNSHIP TO PROVIDE SNOW REMOVAL AND ICE REMOVAL AND MITIGATIONS FOR ELK GROVE TOWNSHIP ROADWAYS NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: INTERGOVERNMENTAL AGREEMENT Between the Elk Grove Township and the Village of Elk Grove Village a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 15t' day of November 2022 APPROVED this 151h day of November 2022 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk `„, INTERGOVERNMENTAL AGREEMENT Between the Elk Grove Township and the Village of Elk Grove Village This Intergovernmental Agreement (the "Agreement") is made and entered into this day of, 2022 by and between the Village of Elk Grove Village (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 North Parkway Road, Center Street, Township Cemetery, Lincoln Lane, Martha Street, Roppolo Drive, Vera Lane, Lee Lane, Forest View Avenue, Crest Avenue, Thorndale Avenue, Woodview Avenue, and Howard Street the "EGT Roads," as outlined in the attached maps (Exhibit A); 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; 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 (3) consecutive, one (1) year terms, 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. 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 those identified above and shown in Exhibit A. 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, and salt necessary to maintain the safety of EGT Roads during snow and ice control events. Section 4. Payment of Fees. The formula used to compute the annual Payment of Fees shall be as follows: Operational Cost Per Mile x Centerline Miles to be Maintained = Avg. Operational Cost Average Operational Cost x 26 Estimated Annual Operations = Annual Cost A summary of the cost breakdown appears in Exhibit B. As such, EGT shall pay the Village the following rates for snow removal and ice removal and mitigation on the EGT Roads: Snow Removal Season Seasonal Rate 2022 — 2023 $19,009.20 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 as reflected by the consumer price index for this region (as of October 1 st of each applicable year). Under no circumstance shall the Seasonal Rate be adjusted downward. 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 $767.08 for each additional snow or ice control event during the season ("Excessive Snowfall Fee"). The Excessive Snowfall Fee shall be adjusted annually for inflation as reflected by the consumer price index for this region on the same date as the Seasonal Rate adjustment is detennined. 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. 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 40271284.2 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. 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 (ill) 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 Elk Grove Village: Village of Elk Grove Village Attn: Village Manager 901 Wellington Ave Elk Grove Village, Illinois 60007 60007 Attn: Village Manager To Elk Grove Township: Elk Grove Township Attn: Administrator 600 Landmeier Road Elk Grove Village, Illinois Attn: Township Supervisor Notices also may be given by fax or email 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. 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 of war orterrorism, 40271284.2 fires, lightning, floods, epidemics or riots. D. Entire Agreement. This Agreement constitutes the entire agreement between the Village and EGT, merges all discussion between them and supersedes and replaces any and every other prior or contemporaneous agreement, negotiation, understanding, or any other 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 gkthe dates as shown. EXECUTED THE VILLAG F ELK OVE VILLAGE Craig B. Johnson Mayor This /� ay of ' ' " �, 2022 ATTEST: Loretta M. Murphy Village Clerk 40271284.2 EXECUTED BY ELK TOWNSHIP Georg {-. BuNe Elk Grove Township Supervisor ThisX day of Nave,-be(.2022 ATTEST: Township Clerk n \ Exhibit A Maps depicting service areas 40271284.2 z < Q7 L 4O W c 1 1 � t iR o v Ln ab 3ssno • W , O C"118 A13AIl 4] J W W D ' f z � ° � o W �Q W � ) J a2i .Alva 000M a t � i i 1 y 1 1 ! 1 ! 1 LL Q _ it U- ,1 �® LU t , m 4'd 9NIMIHON 1 i ! 6 ab WVHDb"% 1 R W pU Inter -Governmental Agreement Township Roads Covered by N Elk Grove Township Snow Plowing Inter -governmental agreement r - - Elk Grove Village Municipal j Boundary T4 1V GC00Q0� RI"GFWOOD RD SHAOYWOOD LN J� p P O M,gIN LN o w o ��OC' L�P� pp •- M�ER RD • _ w Uj �O O Z� �c�bGw � EWNO' HOWARD ST Q �p w � J Q I w o a 'EAGLE DR TOWER LN I ►_- w w p Q O O LU U FARGO AVE G Y r, f I z L LAURELS;F - -- ---J J �Z 3✓� per, DELPIyL4A �� LILAC LN VERDE LN �6 Uj O CHASE AVE <i�x\ GIS Consortium z -< C ICCJ C n Q n iJ 1" V > U N pl ru E a> n a°, 0 a 0 c Q Ln c 0 F v 0 L W L 4 c aU E a� N L Q a� E c L Qi ,0 V L N c 1 p GR00"� t I_ 1 �• 1' • 1 • ems- J 1 1 1 1 � 1 1 1 1 1 1 � 1 1 1 / I I r 1 r 1 1 1 I 1 1 1 ♦ Q'�8 VMHDIN • 1 .a 1 r a NI (I'dVHDIa .t �yy�lb z 2i(I 010ddO2f L W --—--—- - — - - —------2t 9fdI)►'r 1 � 1 1 I I 1 1 1 1 �4 T)(Mi9wv3 1 1 1 1 1 1 1 1 1 1 1 1 � i 1 � 1 e w Ln 1 1 to Z 0 I 1 > 1 1 a 1 ry ^ G d 3ssn9 O �..� w a 0 E 3 0 0 V an19 SV-10HDIN ]AV 39d:)DW w� Q Township Roads Covered by N Inter -governmental agreement Inter -Governmental Agreement for Elk Grove Township Snow Plowing Elk Grove Village Municipal Boundary S�GPMO��O� WALNUT LN 0 Of 111 z Z 0 BRISTOL LN w ._.I Q 0 0 DRISCOLL LN 9 9 C NORTH PARKWAY RD 1 CENTER ST 1 1 i e Po 1 1 ' a 1 f 1 L E DEVON AVE ARTHUR AVE GIS Consotium (i) ,\\ESTMINST� z Township Roads Covered by Inter -governmental agreement Inter -Governmental Agreement for Elk Grove Township Snow Plowing Elk Grove Village Municipal u v " Boundary NUNTINGTON DR MNDHAM LN yAWTHORNE LN BIESTERFIELD RD r e � a 1 1 i 1 � 1 s 1 1 i 1 a 1 i I -- LINCOLN ST 'i FAIR CT TALBOTS LN LIrn�� FALLS v 00 M Ln z m 70 0 BRISTOL LN C� " - YARMOU 1 1 ` GATESHEAD N i 1 M m z GATESHEAD S 1 D � 3 - 0 EXMOOR RD C,LOL LOWESTOFT LN ti r WELLINGTON AV r0 �R HILL i �, MONTEGO TH RD J BANBURY AVE E 00 m m m r SOU, z GIS Consortium DR . iR°e vqN Township Roads Covered by Inter -governmental agreement Inter -Governmental Agreement for Elk Grove Township Snow Plowing Elk Grove Village Municipal Boundary 9 2 U W 2 Z CEMETERY LN N 90 i �l GIS Consortium r Exhibit B Operational Cost Per Mile $199.76 Centerline Miles 3.66 miles Average Operational Cost $731.12 Estimated Annual Operations 26 2022 — 2023 Annual Cost $1909.20 40271284.2