HomeMy WebLinkAboutRESOLUTION - 59-25 - 10/14/2025 - SNOW AND ICE REMOVE - ELK GROVE TOWNSHIP (2)RESOLUTION NO. 59-25
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
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: 6 NAYS: 0 ABSENT: 0
PASSED this 14" day of October 2025
APPROVED this 14t' day of October 2025
Mayor Craig B. Joh on
Village of Elk Gro a Village
ATTEST:
iJ
nnif S. ahon, 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 , 2025 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,
Lincoln Lane, Martha Street, 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. J'cr-m of the Agree 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.
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Section 3. Sco ep 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
shzdl 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
2025-2026 $14,438.65
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 $613.26 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 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. Indemnification. 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
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 (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 Elk Grove Village:
Village of Elk Grove Village
Attn: Village Manager
901 Wellington Ave
Elk Grove Village, Illinois 60007
To Elk Grove Township:
Elk Grove Township
Attn: Administrator
600 Landmeier Road
Elk Grove Village, Illinois
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.
ectr n 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 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 of war orterrorism,
fires, lightning, floods, epidemics or riots.
40271284.2
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
their respective
D BY
OF El
Craig B-Jv s
Mayor
Thi�Iday
ATTEST:
t nifer Pal o
Vi lent
40271284.2
the Village and the Township have caused this Agreement to be executed by
on f lie dates as shown.
VILLAGE
2025
EXECUTED BY ELK GROVE
TOWNSHIP
3❑ caletta
El C ove Township Supervisor
ThiAday ofj025
ATTEST:
Township Clerk
Exhibit A
Maps depicting service areas
40271284.2
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Exhibit B
Operational Cost Per Mile
$199.76
Centerline Miles
2.78 miles
Average Operational Cost
$613.26
Estimated Annual Operations
26
2025 — 2026 Annual Cost
$14,43 8.65
40271284.2