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2006-05RESOLUTION NO. 2006-- s _ A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT AMONG THE COUNTY OF LAKE AND THE VILLAGE OF ANTIOCH, THE VILLAGE OF LAKE VILLA, THE VILLAGE OF ROUND LAKE BEACH, THE VILLAGE OF GRAYSLAKE, THE VILLAGE OF LIBERTYVILLE, THE VILLAGE OF MUNDELEIN, THE VILLAGE OF VERNON HILLS, THE VILLAGE OF BUFFALO GROVE, AND THE VILLAGE OF WHEELING, FOR THE EQUALLY SHARED COSTS FOR INITIAL WORK TOWARDS THE CREATION OF A QUIET CORRIDOR ALONG THE CANADIAN NATIONAL RAILROAD WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, Article VII, Section 10 ofthe Illinois Constitution of 1970 and ILCS 220/1 et seq. authorize units of local government to contract or otherwise associate among themselves to obtain or share services, to exercise, combine or transfer any power or function, in any manner not prohibited by law, to use their credit, revenues and other reserves to pay costs and to service debt related to intergovernmental activities; and WHEREAS, the Village of Buffalo Grove, the County of Lake, the Village of Antioch, the Village of Lake Villa, the Village of Round Lake Beach, the Village of Grayslake, the Village of Libertyville, the Village of Mundelein, the Village of Vernon Hills and the Village of Wheeling ( "Parties ") are public agencies as that term is defined in the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); and WHEREAS, the Parties have agreed to participate in a study that will focus on evaluating current at-grade railroad crossings along the Canadian National Railroad in order to propose engineering solutions for the creation of a new Quiet Zone and/or Individual Quiet Zones. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows: Section 1. The Agreement entitled, "Intergovernmental Agreement Among the County of Lake and the Village of Antioch, the Village of Lake Villa, the Village of Round Lake Beach, the Village of Grayslake, the Village of Libertyville, the Village of Mundelein, the Village of Vernon Hills, the Village of Buffalo Grove, and the Village of Wheeling, for the Equally Shared Costs for Initial Work Towards the Creation of a Quiet Corridor Along the Canadian National Railroad" related to undertaking a corridor quiet zone engineering study as set forth in the Agreement is hereby approved. Section 2. The Village President and Village Clerk are hereby authorized and directed to execute the Agreement. A copy of said Agreement is attached hereto and made a part hereof. AYES: 5 — Braiman, Berman, Kahn, Trilling, Rubin NAPES: 0 — N ABSENT: 1 — Glover PASSED: March 6. 2006 APPROVED: Marc-.b 6, 2006 Vi Villa lerk Canadian National Q*Zone AL)reenlent INTERGOVERNMENTAL AGREEMENT AMONG THE COUNTY OF LAKE AND THE VILLAGE OF ANTIOCH, THE VILLAGE OF LAKE VILLA, THE VILLAGE OF ROUND LAKE BEACH, THE VILLAGE OF GRAYSLAKE, THE VILLAGE OF LIBERTYVILLE, THE VILLAGE OF MUNDELEIN, THE VILLAGE OF VERNON HILLS, THE VILLAGE OF BUFFALO GROVE, AND THE VILLAGE OF WHEELING, FOR THE EQUALLY SHARED COSTS FOR INITIAL WORK TOWARDS THE CREATION OF A QUIET CORRIDOR ALONG THE CANADIAN NATIONAL RAILROAD THIS AGREEMENT entered into this , day of , A.D. 20 , by and among the COUNTY OF LAKE, Illinois, an Illinois body politic and corporate, acting by and through its Chairman and County Board, hereinafter referred to as the COUNTY, the VILLAGE OF ANTIOCH, an Illinois Municipal Corporation, acting by and through its Mayor and Board of Trustees, hereinafter referred to as ANTIOCH, the VILLAGE OF LAKE VILLA, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as LAKE VILLA, the VILLAGE OF ROUND LAKE BEACH, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as ROUND LAKE BEACH, the VILLAGE OF GRAYSLAKE, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as GRAYSLAKE, the VILLAGE OF LIBERTYVILLE, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as LIBERTYVILLE, the VILLAGE OF MUNDELEIN, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as MUNDELEIN, the VILLAGE OF VERNON HILLS, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as VERNON HILLS, the VILLAGE OF BUFFALO GROVE, an Illinois Home Rule Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as BUFFALO GROVE, the VILLAGE OF WHEELING, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as WHEELING. The COUNTY, ANTIOCH, LAKE VILLA, ROUND LAKE BEACH, GRAYSLAKE, LIBERTYVILLE, MUNDELEIN, VERNON HILLS, BUFFALO GROVE, and WHEELING are sometimes hereinafter referred to individually as a "PARTY' and collectively as the "PARTIES The CANADIAN NATIONAL RAILROAD corridor is sometimes hereinafter referred to as the "CORRIDOR ". WITNESSETH WHEREAS, the Swift Rail Development Act of 1994, (Public Law No. 103 -440) hereinafter referred to as the ACT, directed the Federal Railroad Administration, Page 1 of 8 CanadIaii National Quo Zone � LYreement hereinafter referred to as the FRA, to issue a rule, hereinafter referred to as the FINAL RULE (70 Federal Register 21844 published April 27, 2005), mandating the sounding of train horns at all public highway -rail crossings; and, WHEREAS, said FINAL RULE includes provisions for the creation of quiet corridors through the use of supplementary and alternative safety measures to avoid the mandated sounding of train horns at highway -rail crossings; and, WHEREAS, the ACT does not authorize any federal funds to implement said quiet corridors included in the FINAL RULE; and, WHEREAS, improvements at all highway -rail crossings in the CORRIDOR are infeasible due to cost and/or the impracticalities of installation; and, WHEREAS, the CORRIDOR shall consist of all at -grade crossings along the Canadian National Railroad line from the Wisconsin border to, but not through, the Village of Prospect Heights, Illinois, which include all of the PARTIES to THIS AGREEMENT; and, WHEREAS, the implementation of said FINAL RULE and the continuing frequency at which train horns are heard has a negative impact on the quality of life of the residents of the PARTIES; and, WHEREAS, the PARTIES have determined it is desirous to pursue a cooperative quiet corridor as a more cost effective and acceptable alternative to the mandatory sounding of the train horns and/or the installation of supplemental and/or alternative safety measures included in the FINAL RULE; and, WHEREAS, the PARTIES hereto have agreed to participate equally in paying for the initial work on the quiet corridor; and WHEREAS, the initial work will focus on evaluating the current at -grade railroad crossings along the CORRIDOR and proposing engineering solutions to create a new Quiet Zone and/or Individual Quiet Zones; and, WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois of 1970 authorizes units of local government to contract, to exercise, combine, or transfer any power or function not prohibited to them by law or ordinance; and, WHEREAS, the Intergovernmental Cooperation Act of 1973 (5 ILCS, 220/1 et seq.) authorizes municipalities to exercise jointly with any public agency of the State, including other units of local government, any power, privilege, or authority which may be exercised by a unit of local government individually, and to enter into contracts for the performance of governmental services, activities, and undertakings. Page 2 of 8 Canadian National Qt Zone AZ7 eemezit NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, made and pursuant to all applicable statutes, local ordinances, and authority, the PARTIES hereto do hereby enter into the following: 1. It is mutually agreed by and among the PARTIES hereto that the foregoing preambles are hereby incorporated herein as though fully set forth. 2. BUFFALO GROVE agrees to serve as the Lead Agency for the STUDY and to perform the administrative functions associated with said STUDY. For the purposes of THIS AGREEMENT, said administrative functions shall be limited to contracting with Lower Cost Solutions, Inc., hereinafter the CONTRACTOR, to perform the work items included in the approved scope of work for the STUDY, paying the CONTRACTOR for completion of the work items included in the scope of services for the STUDY, and receiving reimbursement from each of the other PARTIES hereto in an amount distributed equally among all PARTIES for said STUDY. The STUDY shall be identified as the proposal submitted by Lower Cost Solutions, Inc. dated January 19, 2006 in response to a Request for Proposal released in December 2005. Said proposal was accepted on behalf of the PARTIES to THIS AGREEMENT by the President and Board of Trustees of BUFFALO GROVE on March 6, 2006. 3. It is mutually agreed by and among the PARTIES hereto that the scope of work contained in the proposal from the CONTRACTOR titled "Canadian National (Wisconsin Central) Railway Quiet Corridor, Lake County, Illinois" and dated January 19, 2006 constitutes the approved scope of services for the STUDY. Said approved scope of work, by reference herein are hereby made a part hereof. It is further mutually agreed that the total cost of the STUDY, as proposed by the CONTRACTOR, shall not exceed $37,314.48. 4. It is mutually agreed by and among the PARTIES hereto that the total amount of the local share to be divided equally between the PARTIES shall not exceed $37,314.48. 5. It is mutually agreed by and among the PARTIES hereto that each of the PARTIES shall each reimburse BUFFALO GROVE an amount not to exceed $3,731.45. 6. It is mutually agreed by and among the PARTIES hereto that upon execution of the contract between BUFFALO GROVE and the CONTRACTOR, the PARTIES Page 3 of 8 Canadian National QOTT Zone A(rreement shall each pay to BUFFALO GROVE within thirty (30) days of the receipt of an invoice from BUFFALO GROVE, in a lump sum, an amount equal to seventy - five percent (75 %) of their respective obligations incurred under THIS AGREEMENT for payment of their share for the STUDY. Payments to BUFFALO GROVE, upon execution of the contract between BUFFALO GROVE and the CONTRACTOR and receipt of an invoice from BUFFALO GROVE, from each of the other PARTIES shall be in an amount not to exceed $2,789.59. The PARTIES further agree that each shall pay to BUFFALO GROVE the remaining twenty -five percent (25 %) of their respective obligations incurred under THIS AGREEMENT for payment of their share for the STUDY. Payment to BUFFALO GROVE shall be in a lump sum, within thirty (30) days of the receipt of an invoice from BUFFALO GROVE, upon completion of the STUDY. The final payments to BUFFALO GROVE upon completion of the STUDY and receipt of an invoice from BUFFALO GROVE shall be in an amount not to exceed $941.86 plus any additional approved expenses, from each of the other PARTIES hereto. 7. A PARTY may terminate THIS AGREEMENT by resolution of its corporate authorities. A certified copy of any such terminating resolution shall be filed with BUFFALO GROVE within thirty (30) days after its passage. In the event of termination as to one PARTY, THIS AGREEMENT shall remain binding as to the remaining PARTIES. Notwithstanding such termination, a terminating PARTY shall remain liable and responsible for paying all fees for service for their share of the costs of the STUDY as set forth in Sections 5 and 6 above. 8. The PARTIES hereto agree that by duly executing THIS AGREEMENT, the PARTIES concur in BUFFALO GROVE executing the contract for the STUDY with the CONTRACTOR. The PARTIES further agree to provide such assistance as proposed by the CONTRACTOR and described in the proposal for the STUDY, without reimbursement from the other PARTIES hereto. 9. It is mutually agreed by and among the PARTIES hereto that each PARTY warrants and represents to each of the other PARTIES 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 Page 4 of 8 Canadian Natiol.al QuICL Zone A(,ireen7ent 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. 10. 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. 11. THIS AGREEMENT 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. 12. It is mutually agreed by and among 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. 13. It is mutually agreed by and among the PARTIES hereto that the agreement of the PARTIES hereto is contained herein and that THIS AGREEMENT supersedes all oral agreements and negotiations between the PARTIES hereto relating to the subject matter hereof as well as any previous agreements presently in effect between the PARTIES hereto relating to the subject matter hereof. 14. It is mutually agreed by and among 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. 15. THIS AGREEMENT may be executed in multiple identical counterparts, and all of said counterparts shall, individually and taken together, constitute THIS AGREEMENT. 16. THIS AGREEMENT shall be binding upon and inure to the benefit of the PARTIES hereto, their successors and assigns. No PARTY hereto may assign, transfer, sell, grant, convey, deed, cede or otherwise give over, in any manner or form, any of its rights, duties, obligations and/or responsibilities as heretofore set forth in THIS AGREEMENT without first obtaining the expressed written consent and permission of the other PARTIES to THIS AGREEMENT. Page 5 of 8 Canadlali- National Qtfl ozone A(Treelaent 0 17. It is mutually agreed by and among 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 among the PARTIES hereto for any purpose or in any manner, whatsoever. The PARTIES are to be and shall remain independent of each other with respect to all services performed under THIS AGREEMENT. 18. THIS AGREEMENT shall be considered null and void in the event that the contract between BUFFALO GROVE and the CONTRACTOR for the STUDY is not awarded by July 1, 2006. ATTEST: ` sj-w�- ViIIW Clerk Village of Buffalo Grove ATTEST: Village Clerk Village of Antioch ATTEST: Village Clerk Village of Lake Villa ATTEST: Village Clerk Village of Round Lake Beach VILLAGE OF BUFFALO GROVE By: �Mngr , - Village President Village of Buffalo Grove Date: VILLAGE OF ANTIOCH Village President Village of Antioch Date: VILLAGE OF LAKE VILLA Village President Village of Lake Villa Date: VILLAGE OF ROUND LAKE BEACH C Date: Page 6 of 8 Village President Village of Round Lake Beach Canadian National Qozone A,rreemcm VILLAGE OF GRAYSLAKE ATTEST: By: Village President Village Clerk Village of Grayslake Village of Grayslake Date: VILLAGE OF LIBERTYVILLE ATTEST: By: Village President Village Clerk Village of Libertyville Village of Libertyville Date: VILLAGE OF MUNDELEIN ATTEST: By: Village President Village Clerk Village of Mundelein Village of Mundelein Date: VILLAGE OF VERNON HILLS ATTEST: By: Village President Village Clerk Village of Vernon Hills Village of Vernon Hills ATTEST: Village Clerk Village of Wheeling Date: VILLAGE OF WHEELING By: Village President Village of Wheeling Date: Page 7 of 8 Canadian National QuesI Is t Zone Agreement ATTEST: Clerk Lake County Draft Date: February 27, 2006 RECOMMENDED FOR EXECUTION Lake County County Engineer/Director of Transportation COUNTY OF LAKE LIM Date: Page 8 of 8 Chairman Lake County Board