R-22-10VILLAGE OF DEERFIELD
RESOLUTION NO. 2022- R-22-10
A RESOLUTION APPROVING AN AGREEMENT WITH THE DEERFIELD PUBLIC
SCHOOL DISTRICT 109
FOR CROSSING GUARD SERVICES
WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, the Village of Deerfield previously provided crossing guard services to
the areas near the Deerfield Public School District 109 ("District') schools ("Crossing
Guard Services'); and
WHEREAS, the Village and the District desire to enter into an intergovernmental
agreement for the District to provide Crossing Guard Services and the Village reimburse for
a portion of the Crossing Guard Services ("IGA'); and
WHEREAS, the Village Board has determined that it is in the best interest of the
Village to approve the IGA;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as
its findings, as if fully set forth herein.
SECTION 2: APPROVAL OF AGREEMENT. The Village Board hereby approves
the IGA with the District for the Crossing Guard Services.
SECTION 4: AUTHORIZATION TO EXECUTE AGREEMENT. The Mayor and
the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the
Village, the final IGA upon receipt by the Village Clerk of at least one original copy of the
final IGA executed by the District; provided, however, that if the executed copy of the final
IGA is not received by the Village Clerk within 60 days after the effective date of this
Resolution, then this authority to execute and attest will, at the option of the Mayor and
Board of Trustees, be null and void.
SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
[SIGNATURE PAGE FOLLOWS]
100124284.11
AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: February 22, 2022
APPROVED: February 23, 2022
ORDINANCE NO. R-22-10
ATTEST: LIJ
DePu�Y Village Clerk
Cy -
Daniel C. Shapiro, Mayor
{00124284.11 2
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE
VILLAGE OF DEERFIELD AND DEERFIELD PUBLIC SCHOOL
DISTRICT 109 TO REIMBURSE CROSSING GUARD SERVICES
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement') is made and entered into as of
the [Th_ day of k6ryarj, 2022 ("Effective Date'), and is by and between the VILLAGE OF
DEERFIELD ("Fzllage'%, and DEERFIELD PUBLIC SCHOOL DISTRICT 109 ("District's
(collectively "Parties'.
IN CONSIDERATION OF, and in reliance upon, the recitals and the mutual covenants set forth in
this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties mutually agree as follows:
SECTION 1. RECITALS.
A. 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. In addition, the provision of the Intergovernmental Cooperation Act, (5 ILCS 220/1 et seq.),
authorize and encourage intergovernmental cooperation.
B. The Village and the District desire to cooperate to obtain the services of a vendor who will
provide school crossing guards ("Crossing Guards' to assist and protect students arriving at and departing
from the crossing locations ("Crossing Locations' described in Exhibit A attached to this Agreement.
C. The Parties desire to enter into this Agreement to set forth the rights and obligations of the
Village and District with respect to the Crossing Guard services.
SECTION 2. PROCUREMENT.
A. Procurement. The District will, at its sole cost and expense, select a vendor ("Vendor's and
enter into an agreement for the Vendor to (1) provide, employ, and train qualified Crossing Guards at the
Crossing Locations and (2) provide all equipment customarily provided to crossing guards employed by
municipalities comparable to the Village for use by the Crossing Guards in the performance of the Crossing
Guards' duties.
B. Independent Contractor Relationship. The District, the Vendor, and its Crossing Guards are
not, and will not be deemed, employees of the Village.
SECTION 3. PAYMENT OF COSTS: REIMBURSEMENT.
A. 2021-2022 School Year. Upon submission of an invoice and proof of expenses incurred, the
Village will pay 50% of the costs of procuring the Crossing Guard services during the 2021-2022 school year,
up to $81,165.94. The District will submit two separate invoices so as to conform to the Village's fiscal year.
The first invoice will be in the amount of $58,000.00 and the second invoice will be in the amount of
$23,165.94.
B. 2022-2023 School Year. The Village will pay 25% of the costs of procuring the Crossing
Guard services during the 2022-2023 school year with an amount not to exceed $45,000.00. Upon submission
of an invoice and proof of expense, the Village will promptly reimburse the District.
{00124400.1)
C. 2023-2024 School Year: The Village will pay 15% of the costs of procuring the Crossing Guard
services during the 2023-2024 school year with an amount not to exceed $27,000.00.
D. 2024-2025 School Year: The Village will pay 10% of the costs of procuring the Crossing Guard
services during the 2024-2025 school year with an amount not to exceed $18,000.00.
E. The Village shall only reimburse costs associated with seven crossing guard posts and supervisor;
should the District add additional crossing guards beyond the seven posts and supervisor, the District shall be
responsible for all costs associated with the additional guard(s), The Deerfield Police shall advise the District
on traffic conditions that warrant a guard post.
SECTION 4. INDEMNIFICATION.
The District agrees to indemnify, release, and hold harmless the Village and its elected and appointed
officials, officers, employees, and agents from and against any and all liabilities, claims, losses, lawsuits,
judgments, and expenses, including attorneys' fees, arising out of, caused by, or resulting from the
performance of the Crossing Guards' duties pursuant to this Agreement, except to the extent caused by the
negligence or willful misconduct of the Village.
SECTION 5. GENERAL CONDITIONS.
A. Term. This Agreement will be in effect from and after the date first state above to and through
the end of the 2024-2025 school year, unless sooner terminated by the mutual written agreement of the Parties.
B. Amendments and Modifications. No amendment or modification to this Agreement will
be effective unless and until it is reduced to writing and approved and executed by all Parties to this Agreement
in accordance with all applicable statutory procedures.
C. Notices. All notices and payments required or permitted to be given under this
Agreement must be given by the Parties by (i) personal delivery, (ii) deposit in the United States mail, enclosed
in a sealed envelope with first class postage thereon, or (iii) deposit with a nationally recognized overnight
delivery service, addressed as stated in this Section 5.C. The address of either Party may be changed by written
notice to the other Party. Any mailed notice will be deemed to have been given and received within three days
after the same has been mailed and any notice given by overnight courier will be deemed to have been given
and received within 24 hours after deposit.
Notices and communications must be addressed to, and delivered at, the following addresses:
If to the Village: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
Attention: Village Manager
With a copy to: Elrod Friedman LLP
325 N. LaSalle St, Suite # 450
Chicago, IL 60654
Attention: Steven M. Elrod, Village Attorney
{00124400.11 2
If to the District: Deerfield Public School District Number 109
With a copy to:
517 Deerfield Road
Deerfield, IL 60015
Attention: Superintendent
Attention:
D. No Joint Venture. It is hereby understood and agreed that nothing contained in this Agreement
will be deemed or construed to create the relationship of principal and agent, partnership or joint venture
between the Parties. No provision of this Agreement and no act or acts of the Parties will be deemed to
create any relationship between the Parties other than the relationship specifically set forth in this
Agreement.
E. Successors and Assigns. The terms, covenants and conditions of this Agreement will bind and
inure to the benefit of the Parties and their respective heirs, executors, administrators, and authorized
successors and assigns; provided, however, that neither Party may assign this Agreement except upon the
prior written consent of the other Party.
F. No Third Party Beneficiaries. No claim as a third party beneficiary under this Agreement by
any person, firm, or corporation will be made, or be valid, against the Parties, or either of them.
G. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and
every one of the rights, remedies and benefits provided by this Agreement will be cumulative and will not
be exclusive of any other such rights, remedies and benefits allowed by law.
H. Governing Law. This Agreement will be governed by, and enforced in accordance with the
internal laws, but not the conflicts of laws rules, of the State of Illinois. This Agreement shall be subject
to the jurisdiction of the Circuit Court of Cook County, Illinois.
I. Authority to Execute. The Parties hereby warrant and represent to each other that: (i) the
persons executing this Agreement on behalf of each Party have been properly authorized to do so by their
respective corporate authorities; (ii) each Party has the full and complete right, power and authority to
enter into this Agreement and to agree to the terms, provisions and conditions set forth in this Agreement;
(iii) that all legal actions needed to authorize the execution, delivery and performance of this Agreement
have been taken by each Party; and (iv) that neither the execution of this Agreement nor the performance
of the obligations assumed by each Party will (a) result in a breach or default under any other agreement
or obligation of each Party or (b) violate any statute, law, restriction, court order or agreement to which
each Party may be subject.
[SIGNATURE PAGE FOLLOWS]
(00124400.11 3
OocuStgn Envelope ID: OC73FC56-6EFD490A B4E6-F7D4058CE993
IN WITNESS WHEREOF, the Parties have caused the execution of this Agreement by their duly
authorized officers on the date stated on the first page of this Agreement.
ATTEST:
VII, . DEE
By; Board President By:
6V—ffllagg!he.�Managg�er��
ATTEST:
DEERFIELD PUBLIC SCHOOL DISTRICT 109
DOcuSkanod br:
Its: r Its: S,► r`
Superintendent
(00124400.1)
EXHIBIT A
Crossing Locations
Deerfield Road @ Castlewood Lane (1)
Deerfield Road @ Wilmot Road (2)
Deerfield Road @ Kipling Place (2)
Wilmot Road @ We Go Trail (Traffic Signal north of We Go Trail) (1)
Warrington Road @ Essex Court (1)
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