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Home My WebLink AboutRESOLUTION - 9-98 - 3/10/1998 - INTERGOVERNMENTAL AGREEMENT RESOLUTION NO. 9-98 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY, THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, THE VILLAGE OF SCHAUMBURG, THE VILLAGE OF ROSEMONT, THE VILLAGE OF ELK GROVE VILLAGE AND THE CITY OF ROLLING MEADOWS (NORTHWEST CORRIDOR TRANSIT FEASIBILITY STUDY) NOW, THEREFORE, BE IT RESOLVED by the President 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 Village President be and is hereby authorized to sign the attached documents marked: INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY, THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, THE VILLAGE OF SCHAUMBURG, THE VILLAGE OF ROSEMONT, THE VILLAGE OF ELK GROVE AND THE CITY OF ROLLING MEADOWS 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 Village President. Section 2 : That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 10th day of March 1998. APPROVED this 10th day of March 1998. Craig B. Johnson Village President ATTEST: Patricia S. Smith Village Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY, THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, THE VILLAGE OF SCHAUMBURG, THE VILLAGE OF ROSEMONT, THE VILLAGE OF ELK GROVE AND THE CITY OF ROLLING MEADOWS This Intergovernmental Agreement ("Agreement") is entered into as of the 10th day of March , 1998 by and between the Regional Transportation Authority (the "RTA"), a municipal corporation of the State of Illinois, and the Illinois State Toll Highway Authority (the "Tollway"), the Village of Schaumburg ("Schaumburg"), the Village of Rosemont ("Rosemont"), the Village of Elk Grove ("Elk Grove Village") and the City of Rolling Meadows ("Rolling Meadows"). 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, the Tollway, Schaumburg, Rosemont, Elk Grove Village and Rolling Meadows enter into this Agreement. The Parties to this agreement desire to explore and assess transportation improvement options in the Northwest Corridor of Cook County. In furtherance of this objective, the Parties seek to contract with a Consultant (the "Consultant") to conduct a feasibility study of transit, highway and mixed transit and highway improvement options including transit options which utilize the Tollway right-of-way and other alignments. The study will seek to identify transportation improvement options for further consideration in this corridor. The Parties 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, subject to approval of the RTA Board of Directors, negotiate and enter into a contract with the Consultant to assist in the conduct of this study. Consultant selection will be based on the recommendation of a selection panel to be made in accordance with the evaluation criteria specified in the Request for Proposal issued for a Consultant. The selection panel will consist of representatives of each of the Parties to this Agreement. The contract shall be in an amount not to exceed $480,000 and for a duration not to exceed 18 months. m:\planning\sysylan\nwswdy\nwcorigadoc Page I of 4 Intergovernmental Agreement between RTA,Tollway, Schaumburg, Rosemont, Elk Grove Village and Rolling Meadows Section 3. Conduct of the Study The Parties have agreed to jointly undertake this feasibility study and, to that end, have established a Study Policy Committee and a Technical Committee (the "Committees") to guide the study. The Committees 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, development data, traffic data, transportation facility plans, previous studies) that they have in hand to assist the RTA and the Consultant in the conduct of the study. 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 Totlway will reimburse the RTA for one-third (1/3) of an amount of such actual incurred costs of the contract with the Consultant, not to exceed $160,000. Schaumburg, Rosemont, Elk Grove Village and Rolling Meadows will each reimburse the RTA for one-twelfth (1/12) of an amount of such actual incurred costs of the contract, not to exceed $40,000 each. The RTA will make a request(s) for payment of allowable costs from the Tollway, Schaumburg, Rosemont, Elk Grove Village and Rolling Meadows on a quarterly basis. The Tollway, Schaumburg, Rosemont, Elk Grove Village and Rolling Meadows will pay all properly presented invoices 30 days after receipt thereof. Section 5. Indemnification The Tollway, Schaumburg, Rosemont, Elk Grove Village and Rolling Meadows agree to indemnify and hold harmless the RTA, its Directors, employees, agents and assigns (the "Indemnified Parties") harmless from and against any loss, liability, expenses, judgments, damages, fines or amounts paid in settlement arising out of or directly caused by any acts or omissions to act committed by each Party respectively, it's corporate authorities, employees, agents and assigns as those actions relate to the performance of this Agreement by that Party respectively. This is intended to include, as an example and not by way of limitation, the providing of information by each Party for use in the conduct of the study. Section 6. Severability The Parties agree that if any provision of this Agreement is held invalid for any reason whatsoever, the remaining provisions shall not be affected thereby if such remainder would then continue to conform to the purposes, terms and requirements of applicable law. m:\planning\sysylan\nwstudy\nwcoriga.dm Page 2 of 4 Intergovernmental Agreement between RTA,Tollway, Schaumburg, Rosemont, Elk Grove Village and Rolling Meadows Section 7. Amendment The Parties agree that no change or modification of this Agreement shall be of any force or effect, including the addition of another party to the Agreement, unless such amendment is dated, reduced to writing, executed by all Parties, and attached to and made a part of this Agreement. Section 8. Miscellaneous Nothing in this Agreement is intended to create rights in any parties other than the RTA, the Tollway, Schaumburg, Rosemont, Elk Grove Village and Rolling Meadows. All rights and duties between the RTA and the Consultant are described in the contract for the study and not by this Agreement. Section 9. 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. Section 10. Execution The Parties agree that this Agreement may be executed by the Parties in any number of counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates recited below. m:\planningkys_planlnwstudy\nwwriga.do Page 3 of Intergovernmental Agrec,ent between RTA, Tollway, Schaum, . rg, Rosemont, Elk Grove Village and Rolling Meadows The Illinois State Toll High y Authority The Regional Transportation Authority By: By: Name: Name: Richard Bacigalupo Title: Title: Executive Director Date: Date: Attest: Attest: The Village of Schaumburg The Village of Rosemont By: By: Name: Name: Title: Title: Date: Date: Attest: Attest: The Village of Elk Grove The City of Rolling Meadows By: Craig B. Johnson By: Name: Craig B. Johnson Name: Title: Village President Title: Date: March 10. 1995 Date: Attest: Patricia S. Smith Attest: m:\plmning\sysylm\nwstudy\nwcorigadoc page 4 of 4