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IGA County of DuPage & VOB -Mowing Along County Roads 05-13-2014 DT-R-0022-14 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK FOR MOWING ALONG COUNTY ROADS AND RIGHTS OF WAY (COUNTY COST $5,005.00 ANNUALLY FOR THREE YEARS) WHEREAS, it is in the public interest that the County of DuPage enter into an Intergovernmental Agreement for mowing of grass and vegetation growing along the roads and rights of way under the jurisdiction of the County of DuPage; and WHEREAS, the County Board has examined the agreement attached hereto. NOW,THEREFORE, BE IT RESOLVED by the DuPage County Board: 1. That the "INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DU PAGE AND THE VILLAGE OAK BROOK FOR MOWING ALONG COUNTY ROADS AND RIGHTS OF WAY" be attached hereto and made a part of this resolution; and 2. That the signature of the Village of Oak Brook Mayor and the Village Clerk be affixed on said Agreement, and that the agreement be hereby ratified by the DuPage County Board; and 3. That the County Board Chairman and the County Clerk execute this agreement on behalf of the DuPage County Board and; BE IT FURTHER RESOLVED that the County Clerk transmit a certified copy of this Resolution and agreement to the Village of Oak Brook,by and through the Division of Transportation. Enacted and approved this 13`h day of May, 2014 at Wheaton, Illinois. aniel J. Cronin, Chairman DuPage County Board ATTEST: Ayes: 18 Gary A. Ki , County Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK FOR MOWING ALONG COUNTY ROADS AND RIGHTS OF WAY This intergovernmental agreement (hereinafter referred to as "Agreement" ) , entered into as hereinafter set forth, by and between the County of DuPage, a body corporate and politic of the State of Illinois (hereinafter referred to as the "COUNTY") and the Village of Oak Brook (hereinafter referred to as the "VILLAGE") , a municipal corporation. The COUNTY and the VILLAGE are hereinafter individually referred to as a "party" or together as the "parties . " WITNESSETH WHEREAS, the COUNTY and the. VILLAGE are authorized by the 1970 Illinois Constitution, Article",VII, Para.- 10 and the Intergovernmental Cooperation Act 5 ILCS 220/1 et se g. , to contract with each other; and WHEREAS, the VILLAGE agrees to mow grass along certain roads and rights of way which are within the maintenance jurisdiction of the COUNTY and within the corporate limits of the VILLAGE as follows (hereinafter referred to as "COUNTY MOWING") : COUNTY MOWING: M8_ -HwyName Fe of StreYork Road at Graue Mill East and West 0.43 York Road Golf Course Entrance 31st Street East and West 1.96 25 Meyers Road S of 35th Street N of 38th Street Medians 0.60 North and South 34 31st Street Jorie Blvd. York Road (including medians) 3.57 34 31st Street Regent Dr. Jone Blvd. Medians 059 Grand Total and WHEREAS, the COUNTY and the VILLAGE have determined that it is in the best interest of the citizens of DuPage County and the residents of the village of Oak Brook for the VILLAGE to provide mowing along the above listed County Highways subject to the following GENERAL CONDITIONS AND SPECIFICATIONS: 1 _ 3/13/2014 Oak Brook Mowing Agr. GENERAL CONDITIONS 1 . The VILLAGE shall visit the site of the proposed work, and shall investigate, examine and familiarize itself with the premises and conditions relating to the mowing to be done in order that it may understand the difficulties and restrictions required to complete the mowing to be done under this Agreement. 2 . The VILLAGE shall furnish all labor, materials, equipment and transportation necessary to complete five (5) mowing cycles and up to two (2) intermediate mowing (s) as necessary per year for three (3) years under the terms and conditions herein set forth. All materials and equipment shall be in strict compliance with the specifications hereinafter set forth; however, if no specifications are set forth for particular materials or equipment such material or equipment shall be of such specifications as are reasonably necessary and appropriate to carry out the terms and conditions of this Agreement . All labor and transportation shall be performed in accordance with the highest professional and technical standards in the field. 3 . At the sole option of the COUNTY, the VILLAGE shall furnish all labor, materials, equipment and transportation necessary to complete additional mowing cycles, on any portion or portions of said COUNTY MOWING, under the terms and conditions herein set forth. The COUNTY- shall give written notice to the VILLAGE of the portion or portions of roads and rights of way to be mowed not less than seven (7) days prior to the required starting date. 4 . The safety of persons and proper=ty of the VILLAGE, the COUNTY, and the general public is of primary concern, and shall take priority over all other terms and conditions of this Agreement . S . All equipment and materials furnished by the VILLAGE shall meet or exceed all safety standards for mowing prescribed by O.S.H.A. The VILLAGE agrees, covenants, and understands that the VILLAGE bears sole liability for any injury or damage caused by the VILLAGE under this Agreement and that the COUNTY shall not accept any liability whatsoever from the VILLAGE except where any injury or damage is caused by the COUNTY. 6 . The VILLAGE shall, at all times, fully indemnify, hold harmless and defend the COUNTY, County Officers, agents, employees and board members from any and all claims and demands, actions and causes of action of any character whatsoever, made by any person or party on account of negligent or malicious acts of the VILLAGE, their contractors or persons otherwise associated with the VILLAGE growing out of the performance of the terms and conditions of this Agreement . 7 . At all times during the period of this Agreement, the VILLAGE and, if applicable, their contractor shall maintain the 2 _ 3/13/2014 Oak Brook Mowing Agr. ITEM C.F.7) JK 00 N t l' - AGENDA ITEM Regular Board of Trustees Meeting of March 25, 2014 SUBJECT: Intergovernmental Agreement with Du Page County for Mowing Along County Road Rights of Way. FROM: Mike Hullihan P.E.,Director of Public Work BUDGET SOURCE/BUDGET IMPACT: Work performed under this agreement is done on a cost reimbursable basis. RECOMMENDED MOTION: I move that the Village Board approve an Intergovernmental Agreement with Du Page County for mowing along county road rights of way. Background/History Since 2003 the Village has contracted for mowing services on 7.15 acres of County road rights of way within the Village. This current agreement was requested by the County in order to bring insurance requirements up to date. The Village is reimbursed for these services at a rate of$715 per mowing. While the Village expends $843 per mowing these areas, we require other services (litter pickup, herbicide application) which are over and above the minimum County specifications. In this regard,attached please find a copy of an agreement entitled which the Village of Oak Brook needs to execute. Recommendation: I recommend that the board approves execution of the agreement. RESOLUTION 2014-PW-MOW-IGA-DU-R-1349 A RESOLUTION APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND DUPAGE COUNTY REGARDING MOWING ALONG COUNTY ROADS WHEREAS, the Village of Oak Brook("Village") is an Illinois municipal corporation; and WHEREAS, cooperation between and among governmental agencies and entities through intergovernmental agreements is authorized and encouraged by Article VII, Section 10 of the Illinois Constitution of 1970 and by the Intergovernmental Cooperation Act, 5 ILCS 22011 et seq.; and WHEREAS, the Village and DuPage County desire to enter into an intergovernmental agreement for the Village to provide mowing services to DuPage County along County-owned rights-of-way in the Village, which intergovernmental agreement is attached hereto as Exhibit A("Agreement'j; and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to enter into the Agreement; NOW THEREFO RE, IT DU PAGE AND COOK PRESIDENT AND ILLINOIS OasRollows:TRUSTEES OF THE VILLAGE OF OAK B OOK Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and DuPage County in substantially the same form as attached hereto as Exhibit A and in a final form acceptable to the Village Manager. Section 3: Authorization and Execution of the Agreement. The Village Manager and Village Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2014-PW-MOW-IGA-DU-R-1349 Authorizing IGA w/DuPage Co. re: Mowing Along Co.Rds. Page 2 of 3 APPROVED THIS 25th day of Marcie, 2014. Gopal G. Lalmalani Village President PASSED THIS 25th day of March, 014 Ayes: I Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk i I I r I E i I Resolution 2014-PW-MOW-IGA-DU-R-1349 Authorizing IGA w/DuPage Co.re: Mowing Along Co.Rds. Page 3 of 3 EXHIBIT A [Intergovernmental Agreement] #28691820_vl