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R-15-13VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS RESOLUTION NO. R -15 -13 A RESOLUTION AUTHORIZING A MASTER AGREEMENT BETWEEN THE COUNTY OF LAKE, AND TILE VILLAGE OF DEERFIELD FOR ENERGY COSTS, MAINTENANCE COSTS AND FUTURE COSTS ASSOCIATED WITH COUNTY - MAINTAINED TRAFFIC CONTROL DEVICES WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant to the provisions of Article VII, Section 6 of the Illinois Constitution; and WHEREAS, as a home rule unit of local government, the Village may exercise any power and perform any function pertaining to its government and affairs except as limited by Article VII, Section 6; and WHEREAS, the Village of Deerfield and the County of I,ake have contracted for sharing energy, maintenance and future costs of traffic control signal devices located at intersections within the corporate limits of the Village; and WHEREAS, the County of lake and the Village of Deerfield have now negotiated a "Master Agreement Between the County of Lake and the Village of Deerfield for lincrgy Coots, Maintenance Costs and Future Costs Associated with County - Maintained Traffic Control Devices', a copy of which is attached hereto as Exhibit A (the "Master Agreement "), that will terminate and supersede any and all prior agreements between the County and the Village with respect to such traffic signals, and provide for the maintenance, energy costs and future costs of the county -owned traffic signals and the village -owned traffic signals listed on li.xhibit A to the Master Agreement; and WHEREAS, the corporate authorities of the Village of Deerfield find that it is in the best interests of the Village of Deerfield that the Master Agreement be authorized and approved. and that all prior agreements between the County of Lake and the Village of Deerfield relating to the traffic signals listed on Exhibit A to the Master Agreement be terminated and superseded as provided in the Master Agreement: NOW THEREFORE, BE IT RLSOLVED 13Y THE PRESIDENT AND 13OARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COt;N'TIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the above and foregoing recitals are hereby incorporated and made a part of this Resolution as if fully set forth herein. SECTION 2: That the Master Agreement between the County of Lake and the Village of Deerfield, a copy of which is attached hereto as Exhibit A, be and the same is hereby approved and authorized. SEC'T'ION 3: That the President and Village Clerk of the Village of Deerfield are hereby authorized and directed to execute and attest said Master Agreement for and on behalf of the Village of Deerfield. SECTION 4: That this Resolution, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Resolution should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or. (b) legislate in a manner or regarding a matter not delegated to municipalities by state la A. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this -2- Resolution should be inconsistent with any non - preemptive state law, this Resolution shall supersede state law in that regard within itsjurisdiction. SECTION 5: That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED this 15th day of June 2015. AYES: Farkas, Jester, Seiden, Shapiro, Struthers NAYS: None ABSENT: Nadler ABSTAIN: APPROVED this 15th____ dap, of June 2015. ATTEST: Vil a*Cerk -3- Village President Division of Transportation Paula J. Trigg, PE L a k C t Director of Transportation/county Engineer e o u n y 1F 500 West Winchester Road Libertyville, Illinois 60048-1381 Phone 8473777400 Fax 847984.5888 Master Traffic Signal Maintenance Agreement Village of Deerfield July 16, 2015 Ms. Barbara K. Little, P.E. Director of Public Works and Engineering Village of Deerfield 465 Elm Street Deerfield, IL 60015 Dear Ms. Little: Please find enclosed one original fully executed copy of the Intergovernmental Agreement between the Village of Deerfield and the County regarding the maintenance of traffic signals. Should you have any questions, please do not hesitate to contact me at (847) 377-7400. Since�ely, Emily J. Karry, P.E. Director of Planning and Programming Enclosures cc: Jon Nelson, LCDOT Chuck Gleason, LCDOT Betsy Duckert, LCDOT www.lakecountyil.gov/transportation } MASTER AGREEMENT BETWEEN THE COUNTY OF LAKE AND THE VILLAGE OF DEERFIELD FOR ENERGY COSTS, MAINTENANCE COSTS AND FUTURE COSTS ASSOCIATED WITH COUNTY -MAINTAINED TRAFFIC CONTROL DEVICES THIS MASTER AGREEMENT is entered into this day of A.D. 20_Ji`�, by and between the COUNTY OF LAKE, Illinois, an Illinois body politic and corporate, acting by and through its Chair and County Board, hereinafter referred to as the COUNTY, and the VILLAGE OF DEERFIELD, an Illinois Municipal Corporation, acting by and through its Mayor and Village Board, hereinafter referred to as the VILLAGE. The COUNTY and the VILLAGE Lire hereinafter referred to collectively as "parties" to "PHIS MASTER AGREEMENT, and either one is referred to individually as a "party" to "I'1IIS MASTER AGREEMENI'. WITNESSETH WHEREAS, THIS MASTER AGREEMENF defines responsibilities for the encr y, maintenance and future costs of the traffic control signal devices with equipment. which may or may not contain street lights, emergency vehicle pre-emption system(s) (hereinafter EVPS) and Lake County PASSAGE, which is the County's system of interconnected traffic signals, cameras and network equipment (hereinafter TRAFFIC SIGNALS) for the COUNTY -owned TRAI I IC SIGNALS (hereinafter COUNTY SIGNALS) and for VILLAGE -owned 'TRAFFIC SIGN11 S (hereinafter VILLAGE SIGNALS), all located at intersections as listed in EXHIBIT A of"1"I [IS MASTER AGREEME,NI', which is attached hereto and hereby made a part hereof: and, WHEREAS, in order to allow priority access through signalized intersections. emergency vehicles may be equipped with apparatuses that broadcast a visible light or invisible infrared signal (hereinafter P.MITTERS) which communicate with EVPS equipment: and, WHEREAS, THIS MASTER AGREEMENT hereby terminates any and all prior agreements between the COUNTY, the VILLAGE, and/or a third party, hereto relating to the subject matter hereof (hereinafter PRIOR AGREEMENTS). Said PRIOR AGREEMENTS include, but are not limited to: (1) the agreement addressing the maintenance and energy costs associated with the "TRAFFIC SIGNALS at the intersections of Deerfield Road (Count) Highway 11) at Wilmot Road and Deerfield Road at Castlewood Lane (executed August 15, 1999); (2) the Local Agency Agreement for Federal Participation by and among the COUNTY, VILLAGE and Illinois Department of Transportation (hereinafter IDOT) addressing the maintenance costs associated �\ ith the TRAFFIC: SIGNALS along Deerfield Road from Wilmot Road to Park Avenue (executed 1 September 27, 2004); (3) the master agreement addressing the maintenance, construction instal lat ion and future costs associated with the EVI'S at the intersections of Deerfield Road at Wilmot Road, Deerfield Road at Castlewood Lane, Deerfield Road at 1-94 East On Ramp, Deerfield Road at 1-94 West Off Ramp and Saunders Road at Discover Way (executed March 1, 2003); and (4) the third party agreements pertaining to costs associated with the TRAFFIC SIGNAL at Saunders Road and Parkway North Boulevard (executed May 13. 1986 and June 16, 2000); NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, made pursuant to all applicable statutes, local ordinances and authority, the COUNTY and the VILLAGE do hereby enter into the following: SECTION I. Recitals/Headings It is mutually agreed by and between the parties hereto that the foregoing preambles are hereby incorporated herein as though fully set forth. 2. It is mutually agreed by and between the parties hereto that the "headings" as contained in THIS MASI'F,R AGREEMEN'l are for reference only and the actual written provisions, paragraphs and words ofTI11S MASTER AGREEMENT shall control. SECTION II. Energy Costs, Maintenance Costs and Future Costs for the COUNTY SIGNALS and VILLAGE SIGNALS It is mutually agreed by and between the parties hereto that TI I IS MASTER AGREF,NWNf hereby terminates any and all PRIOR AGREEMENTS related to TRAFFIC SIGNALS. 2. The VILLAGE, agrees to pay one -hundred percent (100%) of all energy costs required for the operation of all COUNTY SIGNALS and VILLAGE SIGNALS located at any of the intersections as listed in the attached EXI11131T A, except as otherwise noted. Said energy costs shall be paid directly to the utility company providing the energy for the operation of said COUNTY SIGNALS and VILLAGE SIGNALS. 3. It is mutually agreed by and bethaeen the parties hereto that MAIN E'NANCE- as it applies to any of the COUNTY SIGNALS or VILLAGE SIGNALS located at any of the intersections as listed in the attached EXHIBIT A shall be understood to mean that as 2 defined under the COUN"IY's then current "rraMe Signal Maintenance Contract, which, by reference herein, is hereby made a part hereof. 4. The COUNTY agrees to perform MAINTENANCE for the COUNTY SIGNALS �xith reimbursement from the VILLAGE per the cost -sharing schedule detailed in the attached EXHIBITA. 5. It is mutually agreed by and between the parties hereto that for the section of Deerfield Road between the VILI.AGE,'s east corporate limit and Robert York Avenue, the COUNTY will maintain the traffic signal interconnect. It is further mutually agreed by and between the parties that for the section of Deerfield Road between Chestnut Street and Robert York Avenue, the COUNTY will also maintain the traffic signal interconnect. 6. It is mutually agreed by and between the parties hereto that the COUNTY will perform MAINTENANCE for VILLAGI[ SIGNALS located at intersections as listed in FA1111311 A with reimbursement from the VILLAGE per the cost -sharing schedule detailed in the attached EXHIBIT A. 7. It is mutually agreed by and between the parties hereto that, from time to time, the COt IN"rY SIGNALS and VILLAGE SIGNALS may require modernization, improvement, revision, replacement, major repairs, and upgrading, hereinafter referred to as FUTURE WORK, having associated FUTL'RL COSTS. It is further mutually agreed by and between the parties that the COUN"rY, in cooperation with the V ILLAGE, when appropriate, shall determine the extent of any FUTURE WORK and that a notice of no less than one (1) year for any FUTURE WORK shall be provided by and between the parties for planning and budgeting purposes. 8. The VILLAGE agrees to reimburse the COUNTY for all FUTURE COSTS ofsaid FUTURE WORK performed by the COUNTY for COUNTY SIGNALS per the cost -sharing schedule detailed in the attached EXHIBIT A. The VILLAGE further agrees that any FUTURE COSTS related to FUTURE WORK on VILLAGE SIGNALS shall be entirely the responsibility of the VILLAGE. as detailed in the attached EXHIBIT A. 9. It is mutually agreed by and between the parties hereto that EXI IIBII A ofTI IIS MAS FFR AGREEMENT may be amended by Letter of Concurrence signed by both parties to add, delete or modify intersections with "TRAFFIC SIGNALS. Said additions, deletions or modifications may result in changes to the respective cost -sharing responsibilities of the parties hereto, as these relate to maintenance costs and FUTURE. COSTS and w ill be reflected in said EXI IIBIT A. The COUNTY's County Engineer (hereinafter the COUN fY ENGINEER) shall act on behalf of the COUNTY as said actions relate to changes to EXI iIBIT A, and the chief elected official shall act on behalf of the VILLAGE as said actions relate to changes to IiXI I IBIT A. 3 10. The VILLAGE agrees that, by executing'I'Ii1S MASTER AGREEMIXF, the VILLAGI: concurs in the COUNTY award of the COUNTY's traffic signal maintenance contract in accordance with the standard policies and procedures as adopted and used by the COIIN'l Y. The VILLAGE further agrees that the COUNTY's traffic signal maintenance contractor. as well as any maintenance prices, may change at any time without prior written notice to the VILLAGE. 11. The VILLAGE agrees that the COUNTY shall have the sole and exclusive right to control and regulate the sequence and all other aspects of phasing and timing of all COLIN I Y SIGNALS. SECTION fIl. Treatment of VILLAGE -Owned EMITTERS If the VILLAGE operates E.MTITL'RS for any reason, the VILLAGI[ shall monitor the operation of the LVPS located at those intersections listed in the attached FX 111131"h A. and. if any portion of the EVPS is not functioning as designed. it is the responsibility of the VILLAGE to make prompt notification to the COUNTY ofthe operational problems of s.tid EVPS at said intersections. 2. The COUNTY reserves the right to modify, modernize, upgrade, improve, revise, replace, repair, remove or re -install any or all of the EVPS equipment at any of the INTERSECTIONS, excluding the EMITTERS (which are the property ofthe VILLAGE). as may be best determined by the COUNTY ENGINEER, 3. The VILLAGE, agrees that, should there exist or arise issues of compatibility between the COUNTY's EVPS and the VILLAGE's EMI'1"TERS, the VILLAGE' shall be responsible for one -hundred percent (100%) of all costs (including equipment costs and/or repair costs) necessary to remedy said issues ofcompatibility, including the purchase of new EMIT'fl•.RS; however, in such cases, the COUNTY shall make a reasonable, "good faith" effort to rectify said issues using COUNTY personnel and resources, but shall in no case incur any monetary expense in its attempts to rectify said issues. V SECTION IV. (general Provisions It is mutually agreed by and between the parties hereto that payments due to the COUNTY by the VILLAGE in accordance with the provisions ofTHIS MASTER AGREEMI:NI'shall be made in a lump sum amount for the full amount of any invoice billings from the COUNTY in accordance with the Local Government Prompt Payment Act, 50 ILC'S 505 et seq. 2. It is mutually agreed by and between the parties hereto that the scope of any future roadv. ay capacity and traffic signal additions or improvements to COUNTY I lighwacs within the VILLAGE limits shall be determined by the COUNTY ENGINEER in consultation and concurrence with the VILLAGE. It is further mutually agreed by and between the parties hereto that THIS MASTER AGREI:MIiN'T shall not be construed, in any manner or form. to limit the power or authority ol' the COUNTY or the COUNTY ENGINEER to maintain, operate, improve, manage, construct, reconstruct, or repair COUNTY Highways as best determined, as provided by law. 3. It is mutually agreed by and between the parties hereto that nothing contained in'IlIIS MASTER AGREE:ME.N'T is intended or shall be construed as in any manner or I' rm creating or establishing a relationship of co-partners between the parties hereto, or as constituting the VILLAGE (including its elected officials, duly appointed officials, ofliccrs. employees and agents), the agent, representative or employee of the COUNTY for any purpose or in any manner. �N hatsocver. The VILLAGE, is to be and shall remain independ mt of the COUNTY with respect to all services performed under THIS MASITR AGREEMENT. 4. It is mutually agreed by and between the parties hereto that each party warrants and represents to the other party and agrees that (I)THIS MASTER AGREEMENT' is executed by duly authorized agents or officers of such party and that all such agents and officers have executed the same in accordance with the lawful authority vested in them, pursuant to all applicable and substantive requirements; (2) THIS MASTER AGREEhIE:N1' is binding and valid and will be specifically enforceable against each party: and 13) 'IT IIS MASTER AGRFEMI NI' does not violate any presently existing provision of km nor any applicable order, writ, injunction or decree of any court or government department. commission, board. bureau, agency or instrumentality applicable to such party. 5 5. It is mutually agreed by and between the parties hereto that TI I ISMASTER AGREEM1:\"T shall be deemed to take effect on July I, 2015, provided the duly authorized agents of the parties hereto duly execute TI IIS MASTER AGREEMENT by affixing theirsignatures prior to July 1, 2015. In the event the date that the last authorized agent of the parties hereto affixes their signature to TI IIS MASTER AGREEMENT is subsequent to July I, 2015, the effective date of THIS MASTER AGREEMENT shall then be the first day of the month which follows the date that the last authorized agent of the parties hereto affixes their signature. 6. It is mutually agreed by and between the parties hereto that THIS MASTER AGREEMI?\'I' shall be enforceable in any court of competent jurisdiction by each of the parties hereto by any appropriate action at law or in equity, including any action to secure the performance of the representations, promises, covenants, agreements and obligations contained herein. 7. It is mutually agreed by and between the parties hereto that the provisions of I IIIS MASTER AGREEMENT are severable. If any provision, paragraph, section, subdivision, clause, phrase or word of THIS MASTER AGREEMENT is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of THIS MASTER AGREEMENT, 8. It is mutually agreed by and between the parties hereto that the agreement of the parties hereto is contained herein and that THIS MASTER AGREEMENT supersedes all oral agreements and negotiations bct+N een the parties hereto relating to the subject matter hereof. Any prior agreements bctwecn the parties hereto shall remain in full force and effect except as modified by TIIIS MASTER AGREEMENT. 9. It is mutually agreed by and bctti een the parties hereto that any alterations. amendments, deletions or waivers ofany provision of"fl-IIS MASTER AGREEMEN I'shall be valid oily when expressed in writing and duly executed by the parties hereto. 10. It is mutually agreed by and between the parties hereto that Tl-IIS MASTER AGREEMIA F shall be binding upon and inure to the benefit of the parties hereto. their successors and assigns. 11. It is mutually agreed by and between the parties hereto that THIS MAS TER AGRF,EMI?\" 1' may be executed in multiple identical counterparts, and all of said counterparts shall. individually and taken together, constitute THIS MASTER AGRIi1'.ivll'.NT. 0 12. It is mutually agreed by and between the parties hereto that TI IIS MASTER AGREW I:\'I' shall remain in full force and effect firr such a period of time as am of the COUN I Y SIGNALS and VILLAGE SIGNAL located at any ofthe intersections listed in the attached EXHIBIT A remain in place, in use and in operation. ATTEST: D Village C erk ATTEST: okp County Clerk Lake County VILLAGE OF DEERFIELD I3y: Mayor Date: L"A-e /,P z6r'�.— _-- RECOMMENDED FOR EXECUTION Paula J. "Trigg. P. — Director ofTransportation /County lingincur Lake County COUNTY OF I KF. BY: — C it ake Coun y oard Date: EXHIBIT A COUNTY -MAINTAINED SIGNALS DIVISION OF COSTS 5/27/2015 MAINTENANCE and FUTURE ENERGY COSTS COSTS Location of COUNTY -owned SIGNALS Effective _ -- Date VILLAGE COUNTY VILLAGE COUNTY Saunders Road at Discover Way/Takeda Parkway 2/12/03 1 Novus Credit Services, Ire. Novus Credit Services, Inc Saunders Road at Parkway North Boulevard 7/1/15 100 0 100 100 0 0 Deerfield Road at Parkway North Boulevard 100 0 Deerfield Road at 1-94 East On Ramp 711/15 0 100 100 0 Deerfield Road at 1-94 West Off -Ramp 7/1/15 0 100 100 0 Deerfield Road at Castlewood Lane 7/1/15 50 50 100 0 50 Deerfield Road at Wilmot Road 7/1/15 50 100 0 Deerfield Road at Robert York Avenue z 50 50 100 0 Deerfield Road at Deerfield Square 2 100 0 100 0 Deerfield Road at Rosemary Terrace 2 50 50 100 0 Deerfield Road at Kenton Road/Kipling Road 2 50 50 100 0 Deerfield Road at Heather Road/Carlisle Avenue z 50 50 100 0 MAINTENANCE and FUTURE ENERGY COSTS COSTS Effective -- Location of VILLAGE -owned SIGNALS Date VILLAGE COUNTY VILLAGE COUNTY % Deerfield Road at Chestnut Street 2 100 0 100 0 ' Effective upon the completion of construction activity and the acceptance of the TRAFFIC SIGNALS at the intersection by the COUNTY ENGINEER (construction via LCDOT permit number 034-402-15). 2 Effective upon the completion of the proposed reconstruction project along Deerfield Road (project 11-00092 00-PV). the Jurisdictional Transfer of Deerfield Road from the VILLAGE to the COUNTY, and the acceptance of the TRAFFIC SIGNALS at the intersections included in the Deerfield Road reconstruction project by the COUNTY ENGINEER. Lake County Illinois r ll ` Certified Copy ' resolution: 15-0620 File Number: 15-0620 Joint resolution authorizing the execution of a master agreement with the Village of Deerfield regarding the energy, maintenance, and future costs of County and Village owned traffic control devices and interconnection with Lake County PASSAGE. RESOLUTION WHEREAS, Lake County, by and through its Division of Transportation, maintains and operates, through Lake County PASSAGE, traffic control devices on the County highway system; and WHEREAS, the Village of Deerfield operates and has jurisdiction over certain traffic control devices on the local roadway system within its corporate boundaries; and WHEREAS, Lake County and the Village of Deerfield are desirous of entering into an agreement stating the terms and conditions for energy, maintenance, and future costs of County and Village owned traffic control devices; and WHEREAS, it is in the best interest of Lake County to authorize the County Engineer of Lake County to amend ExhibitA of the master agreement, as may be warranted from time -to -time, adding, deleting or modifying intersections with traffic control devices that are within the corporate boundaries of the Village of Deerfield, in accordance with said master agreement. NOW, THEREFORE BE IT RESOLVED by this Lake County Board, that the County Board Chair, the County Clerk, and the County Engineer of Lake County, Illinois, be authorized, and they are hereby directed to execute a master agreement, and any subsequent amendments thereto, with the Village of Deerfield stating the terms and conditions for energy, maintenance, and future costs of County and Village owned traffic control devices, and a draft copy of said agreement is attached hereto. BE IT FURTHER RESOLVED that the County Engineer shall transmit, in writing, the final agreement, and any amendments, to be executed by the County Board Chair and the County Clerk. BE IT FURTHER RESOLVED that the County Engineer of Lake County is hereby authorized to amend Exhibit A, within the above -said master agreement between Lake County and the Village of Deerfield adding, deleting or modifying intersections with traffic control devices, as may be warranted from time -to -time, and that are within the corporate boundaries of the Village of Deerfield in accordance with said master agreement. Lake County Illinois Page 1 Primed on 6/9/2015 File Number. 154620 BE•iT FURTHER RESOLVED that the above -said master agreement takes the place of and supersedes all prior agreements between the Village of Deerfield and Lake County relative to energy, maintenance, and future costs of Village owned traffic control devices and interconnection with Lake County PASSAGE. DATED at Waukegan, Illinois, on June 9, 2015. I, Carla N. Wyckoff, certify that this is a true copy of resolution No. 15-0620, passed by the Lake County Board on 6/9/2015. Attest: �/`�.•` `^' ��'`�' ' Carla N.`Wyckoff,, JUN 0 9 2015 Date Certified Lake County Illinois Page 2 Printed on W12015