HomeMy WebLinkAboutResolution 21-R-26, Authorizing the City Manager to Execute a Memorandum of Understanding with School District 65 (2) (1) (1)02/23/2026
21-R-26
A RESOLUTION
Authorizing the City Manager to Sign Memorandum of Understanding
(“MOU”) between the City of Evanston and the Board of Education of
Evanston/Skokie School District 65
WHEREAS, District 65 is a local school district located within the City of
Evanston and a portion of the Village of Skokie; and
WHEREAS, District 65 is constructing a new building for the Foster School,
located within the City’s Fifth Ward; and
WHEREAS, the Parties agree that it is necessary to make pedestrian and
traffic improvements near the Foster School due to increased vehicle and foot traffic
in the area;
WHEREAS, the City agrees to design and oversee the construction of a
new crosswalk on Dodge Avenue at the intersection of Foster Street, including the
addition of curb extensions, pavement markings, and updated signage; and
WHEREAS, the City agrees to fund, design and oversee the construction of
a new crosswalk on Emerson at the intersection of Jackson Avenue, including the
addition withsignage,updatedand thepavementextensions,curbof markings,
understanding that District 65 will provide a crossing guard at this location; and
WHEREAS, the City Council has determined that it is in the best interest
of the City and its residents to execute a corresponding Memorandum of Understanding
(“MOU”) traffic and pedestrian planned the regardingparties between these
improvements.
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21-R-26
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Council hereby adopts the foregoing recitals as its
findings, as if fully set forth herein.
SECTION 2: The City Manager is hereby authorized and directed to sign
the MOU as entered into by and between the City of Evanston and the Board of
Education of Evanston/Skokie for School District 65.
SECTION 3: The City Manager is also authorized and directed to
negotiate and execute any additional documents required for the MOU as he may
determine to be in the best interests of the City of Evanston.
SECTION 4: That this Resolution 21-R-26 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Adopted: __________________, 2026
Approved as to form:
_______________________________
Alexandra Ruggie, Corporation Counsel
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March 23
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF EVANSTON AND EVANSTON/SKOKIE SCHOOL DISTRICT 65
This MEMORANDUM OF UNDERSTANDING ("MOU") is entered into between the City
of Evanston (the “City"), whose address is 909 Davis Street, Evanston, IL 60201, and
the Board of Education of Evanston/Skokie School District 65, Cook County, Illinois
(“District 65”), whose address is 1500 McDaniel Street, Evanston, IL 60201. The City
and District 65 shall be collectively referred to as the “Parties”.
RECITALS
Whereas, District 65 is a local school district located within the City of Evanston
and a portion of the Village of Skokie; and
Whereas, District 65 is constructing a new building for the Foster School, located
within the City’s Fifth Ward; and
Whereas, the Parties agree that it is necessary to make pedestrian and
traffic improvements near the Foster School due to increased vehicle and foot traffic
in the area; and
NOW, THEREFORE, in consideration of the foregoing recitals, and the
mutual covenants and undertakings hereinafter set forth, the receipt and sufficiency
of which are hereby acknowledged, it is agreed between the Parties hereto, as
follows:
1.Recitals. The recitals set forth above are incorporated herein by reference and
made a part hereof.
2.Compliance with All Laws Generally. The Parties agree that the construction
and payment will comply with all applicable laws, statutes, ordinances, and
regulations in effect now or later, and whether or not they appear in this MOU to
the extent of their applicability.
3.The City agrees to do the following:
a.Design and oversee the construction of the following
i.Installation of a new crosswalk across Dodge Avenue at Foster
Street, including curb extensions, pavement markings, signage,
and flashing push-button LED signs. (estimated cost of $120,000).
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ii. Upgrade of signage, including flashing push-button LED signs at
the cross across Emerson Street at Dewey Avenue (estimated cost
of $40,000).
iii. Upgrade of signage, including flashing push-button LED signs at
the cross across Emerson Street at Hartrey Avenue (estimated cost
of $40,000)
iv. Installation of a new crosswalk across Emerson Street at Jackson
Avenue, including curb extensions, pavement markings, and
signage at no additional cost to District 65.
b. Expeditiously send District 65 an invoice for the actual cost of design and
construction and all waivers of lien establishing that all contractors and
subcontractors have been paid for the work.
4. District 65 agrees to the following:
a. Upon receipt of the invoice and all associated lien waivers, pay all
associated construction costs for the installation of the pedestrian
crosswalk improvement at Dodge Avenue and Simpson St as required
per City Ordinance 48-O-23 and the upgraded LED signage across
Emerson Street at Dewey Avenue and Hartrey Avenue within the time
period required by the Illinois Local Government Prompt Payment Act
(estimated total cost $200,000).
b. Pay for an expanded traffic study by KLOA that may include necessary
signal coordination or modifications on Emerson Street to support lowering
the speed limit from 30 mph to 25 mph. If District 65 determines in its sole
discretion that the costs of such implementation improvements are cost
prohibitive, District 65 will not be required to pay for such implementation
improvements. In the event the required improvements of the traffic study
are not implemented, no attempt to decrease the speed limit will be
initiated.
c. Implement and pay for all recommendations put forth in the expanded
KLOA traffic study which would be needed to accommodate the
decrease in posted speed limit.
d. Assign and staff a crossing guard to be stationed at the Emerson
Street and Jackson Avenue intersection to serve elementary students
walking to and from Foster School during the regular school year
once the new crosswalk at the above referenced intersection is
installed by the City of Evanston.
e. Upon District 65’s payment to the City for the construction costs
contemplated in Section 4.a, the City shall hold harmless, release,
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indemnify, and defend District 65 against all claims and liability, including
reasonable attorneys’ fees and costs, arising out of or in any way
connected with the construction work for (i) any lien claims by contractors
and subcontractors; (ii) alleged violation of the Illinois Prevailing Wage
Act or other State or federal law; and (iii) personal injuries or death
suffered by an employee of the City, contractor, or subcontractor.
f. District 65’s obligations under this MOU are limited specifically to its
payment obligations. It shall have no maintenance, enforcement,
indemnification, hold harmless, or defense obligations related to the
improvements contemplated in this MOU.
5. Notice. All notices, demands, requests or other communication desired or
required under this MOU shall be in writing and sent to the addresses set forth
below, via the following means: (a) personal service; (b) electronic
communication, by facsimile together with confirmation of transmission; (c)
overnight courier; or (d) registered or certified US Mail, postage prepaid, return
receipt requested.
City of Evanston: District 65:
City Manager ’s Office Dr. Angel L. Turner
Attn: Chris Sous Superintendent
909 Davis Street School District 65
Evanston, Illinois 60201 1500 McDaniel Street
Evanston, IL 60201
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With a copy to:
Law Department Franczek P.C.
Corporation Counsel 300 S. Wacker, Ste. 3400
City of Evanston Chicago, Illinois 60606
909 Davis St Attn: Brian P. Crowley
Evanston, Illinois 60201
bpc@franczek.com law@cityofevanston.org
Changes in these addresses must be in writing and delivered in accordance with
the provisions of this Section 5. Notices delivered by mail are considered
received three days after mailing in accordance with this Section 5. Notices
delivered personally are considered effective upon receipt. Refusal to accept
delivery has the same effect as receipt.
6. Entire Agreement. This MOU contains the entire agreement of the Parties and
there are no other promises or conditions in any other agreement whether oral or
written. This MOU supersedes any prior written or oral agreements between the
Parties.
7. Amendment. This MOU may be modified or amended, but any such amendment
must be in writing and signed by both Parties.
8. Severability. If any provision of this MOU shall be held to be invalid or
unenforceable for any reason the remaining provisions shall continue to be valid
and enforceable, and if by the Parties mutually agreed limiting of such provision it
would become valid and enforceable, then such provision shall be deemed to be
written, construed, and enforced as so limited.
9. Assignment; Parties in Interest. Neither Party may sell, assign or transfer this
MOU without the prior written consent of the other Party hereto. The terms and
provisions of this MOU are binding upon and inure to the benefit of, and are
enforceable by, the respective successors and permitted assigns of the Parties
hereto.
10. Counterparts. This MOU may be executed in counterparts with the same effect
as if both Parties had signed the same document. All such counterparts shall be
deemed an original, shall be construed together and shall constitute one and the
same instrument.
11. Governing Law. This MOU shall be governed by and construed in accordance
with the internal laws of the State of Illinois. Venue shall be within Cook County,
Illinois. The parties waive trial by jury.
12. Non-liability of Officials. No official, employee or agent of the City shall be
charged personally by District 65 or by an assignee or subcontractor, with any
liability or expenses of defense or be held personally liable under any term or
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provision of this MOU because of their execution or attempted execution or
because of any breach hereof.
13. Disclaimer. Nothing contained in this MOU nor any act of the City shall be
deemed or construed by either of the Parties, or by any third person, to create
or imply any relationship of third-party beneficiary, principal or agent (except as
specifically provided otherwise herein), limited or general partnership or joint
venture, or to create or imply any association or relationship involving the City.
14. Waiver. Nothing in this MOU authorizes the waiver of a requirement or condition
contrary to law or ordinance or that would result in or promote the violation of any
federal, state or local law or ordinance.
15. Effective Date. This Agreement shall be deemed dated and become effective on
the date the last of the parties signs as set forth below the signature of their duly
authorized representatives.
IN WITNESS WHEREOF, the Parties agree to the above terms and have
executed this Memorandum of Understanding as the last date written below:
SCHOOL DISTRICT 65 CITY OF EVANSTON
An Illinois municipal corporation
Dr. Angel L. Turner Luke Stowe
Superintendent City Manager
Dated: Dated:
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