R-22-61VILLAGE OF DEERFIELD
RESOLUTION NO. 2022- R-22-61
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
THE WEST DEERFIELD TOWNSHIP FOR SNOW REMOVAL SERVICES
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois
Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage
intergovernmental cooperation; and
WHEREAS, the Village provides snow removal services within its jurisdiction,
including snow and ice removal and plowing, salt application, and de-icing of public streets,
alleys, rights -of -way, and related services (collectively, "Snow Removal Services").; and
WHEREAS, the West Deerfield Township ("Township's has several roads that are
under the Township's jurisdiction, specifically, Chris Court, Montgomery Road, Carol Lane,
and Hickory Knoll Drive (collectively, "Subject Roadways', in unincorporated Lake
County, Illinois, that are in need of Snow Removal Services; and
WHEREAS, the Township desires to have the Village perform Snow Removal
Services for the Subject Roadways; and
WHEREAS, the Village desires to provide the Township the Snow Removal Services
for the Subject Roadways subject to the terms of an intergovernmental agreement ("IGA');
and
WHEREAS, the Village Board has determined that entering into the IGA with the
Township will serve and be in the best interests of the Village and its residents; and
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, 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 INTERGOVERNMENTAL AGREEMENT. The
Village Board hereby approves the IGA in substantially the same form as attached to this
Resolution as Exhibit A and in a final form approved by the Village Attorney.
SECTION 3: AUTHORIZATION TO EXECUTE CONTRACT. The Mayor and the
Village Clerk are hereby authorized and directed to execute and attest, on behalf of the
Village, the final IGA. If the executed copy of the final agreement 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 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval by a majority of the members of the Board of
Trustees.
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AYES: Benton, Berg, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: Jacoby
PASSED: November 7, 2022
APPROVED: November 7, 2022
RESOLUTION NO: R-22-61
Danie C. Shapiro, Mayor
ATTEST:
Kent h. Street, Village Clerk
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EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
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INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE
VILLAGE OF DEERFIELD AND WEST DEERFIELD TOWNSHIP
FOR SNOW REMOVAL SERVICES
THIS INTERGOVERNMENTAL AGREEMENT (tAgreement') is made and entered
into as of the _Jk4l . day of NOvemW 2022 ("Effective .Date'), and is by and between the
VILLAGE OF DEERFIELD, an Illinois municipal corporation, ("Village'% and WEST
DEERFIELD TOWNSHIP, an Illinois municipal corporation ("Township') (collectively
"Parties') for Snow Removal Services.
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 provides snow removal services within its jurisdiction, including snow
and ice removal and plowing, salt application, and de-icing of public streets, alleys, rights -of -way,
and related services (collectively, "Snow Removal Services").
C. The Township has several roads that are under the Township's jurisdiction,
specifically, Chris Court, Montgomery Road, Carol Lane, and Hickory Knoll Drive (collectively,
"SubjectRoadways'�, in unincorporated Lake County, Illinois, that are in need of Snow Removal
Services.
D. The Township desires to hire the Village to perform Snow Removal Services for
the Subject Roadways.
E. The Village desires to provide Snow Removal Services to the Subject Roadways.
E. The Parties desire to enter into this Agreement to set forth the rights and obligations
of the Village and Township with respect to the Snow Removal Services.
SECTION 2. SNOW REMOVAL SERVICES.
The Village will provide Snow Removal Services on the Subject. Roadways, including
snow and ice removal and plowing, salt application, and de-icing. The Village will provide the
Snow Removal Services when and in the same manner in which the Village provides and performs
similar services generally for its own public streets. This Agreement is for the provision of Snow
Removal Services only. The Village is not responsible for any mauitenance, repairs, landscaping,
or any other services whatsoever relating to the Subject Roadways.
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SECTION 3. PAYMENT OF COSTS. REIMBURSEMENT.
As reimbursement for the Village's personnel, equipment, and material costs to provide
Snow Removal Services, the Township will reimburse the Village an amount of One Thousand
Two Hundred Dollars ($1,200.00) ("Charge Per Occurrence") for each time the Village engages
in Snow Removal Services on the Subject .Roadways. The Township acknowledges that the
Village may provide Snow Removal Services multiple times to the Subject Roadways during a
single storm event. Therefore, the Village may charge the Township a. Charge Per Occurrence for
each time its personnel and equipment provide Snow Removal Services during a single storm
event. The Charge Per Occurrence includes all of the costs associated with the Snow Removal
Services provided by the Village. The Village will provide the Township with an invoice
reflecting each Charge Per Occurrence and the Township will pay the invoice according to the
provisions of the Local Government Prompt Payment Act, 50ILCS 505/1 et seq.
SECTION 4. INDEMNIFICATION• WAIVER OF LIABILITY.
The Township shall 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 (collectively "Loss"), including attorneys' fees, arising
out of, caused by, or resulting from the performance of the Snow Removal Services pursuant to
this Agreement, except to the extent caused by the gross negligence or willful misconduct of the
Village. The provisions of this Section shall survive the termination of this Agreement.
SECTION 5. GENERAL CONDITIONS.
A. Termination. This Agreement may be terminated by either Party at any time and
for any reason by providing at least 30 days advance written notice to the other Party.
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 S.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:
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If to the Village: Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
Attention: Village Manager
If to the Township: West Deerfield Township
601 Deerfield. Rd.
Deerfield, Illinois 60015
Attention.: Supervisor
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.
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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:
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VILLAGE F DEERFIELD
By: - -
Villag Manager
WEST DEERFIELD TOWNSHIP
Its:
_Supervisor ----