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2022-07-18 - Ordinance 2022-071 - AUTHORIZING AN INTERGOVERMENTAL AGREEMENT WITH VERNON TOWNSHIP RELATING TO THE REPAVING OF ARLYD ROAD IN THE VILLAGE OF BUFFALO GROVE ORDINANCE NO. 2022-071 AN ORDINANCE AUTHORIZING AN INTERGOVERMENTAL AGREEMENT WITH VERNON TOWNSHIP RELATING TO THE REPAVING OF ARLYD ROAD IN THE VILLAGE OF BUFFALO GROVE WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village seeks to enter into an Intergovernmental Agreement with Vernon Township relating to a $12,987 road repaving project on Arlyd Road within the Village of Buffalo Grove. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2.The Village President is authorized to enter into an Intergovernmental Agreement with Vernon Township relating to a $12,987 road repaving project to Arlyd Road within the Village of Buffalo Grove, pending attorney review. SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and shall not be codified. AYES: 5—Stein, Weidenfeld,Johnson,Smith, Pike NAYES: 0—None ABSENT: 1—Ottenheimer PASSED: July 18, 2022 APPROVED: July 18, 2022 APPROVED: B er y Sussma illage President ATTEST: Janet a biz)n,Viiiage Clcrk Ss 7.. '';:;�.. -��s•—••!• • \-- • 7 AGREEMENT BETWEEN THE VILLAGE OF BUFFALO GROVE AND VERNON TOWNSHIP FOR THE RESURFACING OFARLYD ROAD Pill THIS AGREEMENT entered this 10 day of JU-A 2022 by and between Vernon Township (hereinafter, "the Township") and the'Village of Buffalo Grove (hereinafter, "the Village") WITNESSETN: WHEREAS, a portion of Aryld Road is within the corporate limits of the Village of Buffalo Grove (hereinafter "the Village") and the remainder of Arlyd Road is within unincorporated Vernon Township(hereinafter, "the Township"); and WHEREAS, both the Village and the Township have planned separate paving projects for their respective portions of the Subject Property;and WHEREAS, due to the manner in which the Village boundaries traverse the highway, the Township and the Village have determined that it would be in the best interests of the Township and the Village to include the Village portion (i.e. Aryld Road) of the highway within the Township's paving project and to enter into an Intergovernmental Agreement to engage in a joint construction project to improve Aryld Road (hereinafter, "the Joint Paving Project"); and WHEREAS, the Township and the Village are authorized to enter into an Intergovernmental Agreement for the purposes set forth above pursuant to 65 ILCS 5/1-1-5 and 65 ILCS 5/11-85-2; and WHEREAS, an estimate of costs for the Joint Paving Project which reflects an estimated cost for the repaving and engineering cost of the Village portion of Aryld Road to be $12,987 and said estimate has been reviewed and approved by the Township Supervisor; and NOW, THEREFORE, in mutual consideration of the desire of the Village and the Township to repave the Subject Property in a thorough, consistent, and economical manner, the Village and the Township hereby agree as follows: 1. The foregoing recitals are hereby incorporated as if fully set forth herein. 2. The Township has publicly solicited bids for the Joint Paving Project pursuant to bid specifications agreed upon by both the Village Engineer and the Township Supervisor. 3. The Township and the Village agree to the awarding of the contract for the Joint Paving Project to Chicagoland Paving Contractors, Inc; and said contract shall be entered into by and between Chicagoland Paving Contractors, Inc and the Township. I 1 4. The Village and the Township agree that the Village shall reimburse the Township for the Village's share of the Joint Paving Project, which has been determined as $12,987. If the final cost of the Village share of the Joint Paving Project exceeds $12,987, the Village shall reimburse the Township for said amount in excess. 5. The Village agrees that within forty-five (45) days of the receipt of an invoice from the Township it shall pay the amount of its obligation under the terms of this Agreement. 6. The parties agree that each shall, at its own cost, provide and maintain during the term of the Agreement general liability insurance. The Village agrees to indemnify, defend, and hold the Township, its agents, and employees harmless from all claims, causes of action. suits, damages, liabilities, loss, costs, and expenses which may arise out of the performance of the services set forth in this Agreement, except to the extent caused by the negligence of the Township, its agents and employees. 7. It is mutually agreed by and between the parties hereto that each party warrants and represents to the other party and agrees that 1) This 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 Agreement is binding and valid and will be specifically enforceable against each party; and 3) This Agreement does not violate any presently existing provisions of law nor any applicable order,writ, injunction or decree of any court or government department,commission, board bureau,agency or instrumentality applicable to such party. 8. This Agreement shall be deemed to take effect as of the date on which the duly authorized agents of the last of the parties hereto to execute this Agreement affix their signatures. 9. This Agreement shall be in accordance with the laws of the State of Illinois and 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. 10. It is mutually agreed by and between the parties hereto that this Agreement shall not be construed, in any manner or form, to limit the power or authority of the Village or the Township to maintain, operate, improve, construct, reconstruct, repair, manage, widen, or expand the portions of Arlyd Road within each parties respective jurisdiction. 11. It is mutually agreed by and between the parties hereto that nothing contained in this Agreement is intended or shall be construed as in any manner or form creating or establishing a relationship of co-partners between the parties hereto, or as constituting the Township or the Village (including their respective appointed or elected officials, officers, employees, and agents), the agent representative or employee of the other for any purpose or in any manner, whatsoever. The Village and the Township shall remain independent of one another with respect to all services performed under this Agreement. This Agreement is non- assignable and/or nontransferable. Nothing contained in the Agreement shall be construed to result in a 2 waiver of any immunities. No third party is an intended or implied beneficiary of this Agreement nor is entitled to enforce any provisions hereof. 12. It is mutually agreed by and between the parties hereto that any alterations, amendments, deletions, or waivers of any provision of this Agreement shall be valid only when expressed in writing and duly executed by the parties hereto. 13. This Agreement may be executed in counterparts, and all of said counterparts shall, individually and taken together,constitute this Agreement. 14. It is mutually agreed by and between the parties hereto that the provisions of this Agreement are severable. If any provision, paragraph, section, subdivision, clause, phrase or word of this 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 Agreement; which shall remain in full force and effect. VILLLjAGE OF':U FALO GROVE A7T 7L.y7 IR' i y_ _ VERNO TOWNSHIP By: t, A)k ATT ST Clerk • _ y =- • y 1 • ,