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HomeMy WebLinkAboutResolution 56-R-26 Authorizing the City Manager to Enter into Intergovernmental Agreement with Cook County Forest Preserve for Collection of Refuse Containers in Perkins Woods 04/27/2026 56-R-26 A RESOLUTION Authorizing the City Manager to Enter into Intergovernmental Agreement with Cook County Forest Preserve for Collection of Refuse Containers in Perkins Woods WHEREAS, the CITY and the DISTRICT are units of government within the meaning of the Constitution of the State of Illinois, 1970, Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement (“Agreement” attached hereto as Exhibit A and incorporated herein); and WHEREAS, the CITY and the DISTRICT are Illinois governmental entities subject to the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) and are authorized to mutually cooperate in providing services to the public; and WHEREAS, the DISTRICT owns Perkins Woods, a wooded area that abuts Ewing Avenue, Colfax Street, Grant Street and Bennett Avenue within the City of Evanston and which has two crossing trails that run through the property from Colfax and Ewing to Bennett and Grant, as well as Bennett and Colfax through to Grant and Ewing as shown on Exhibit A, said parcels and boundaries and features hereinafter collectively referred to as the "SUBJECT PROPERTY"; and WHEREAS, the DISTRICT would like to cooperate with the CITY’s Public Works Department for the CITY to provide refuse pick-up service twice a week (“MAINTENANCE ACTIVITIES”) from the four DISTRICT refuse receptacles that will be located at every corner of Perkins Woods, as further shown on Exhibit A ("REFUSE LOCATIONS"); and Page 1 of 11 56-R-26 WHEREAS, the CITY and the DISTRICT are authorized to participate in the maintenance of said refuse receptacles at Perkins Woods and execute this Agreement by act of their duly constituted Boards and Council; and WHEREAS, the CITY and the DISTRICT by this Agreement, desire to determine and establish their respective responsibilities as to the manner in which waste will be removed from REFUSE LOCATIONS and all related terms and conditions. WHEREAS, the City Council of the City of Evanston has determined it is in the best interests of the CITY enter into this Agreement with the DISTRICT, 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 to sign this Agreement and enter into this intergovernmental contract between the CITY and the DISTRICT. SECTION 3: The City Manager is also authorized and directed to negotiate and execute any additional documents required for the Agreement as he may determine to be in the best interests of the CITY. SECTION 4: That this Resolution 56-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 Page 2 of 11 Attest: _______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2026 56-R-26 Approved as to form: _______________________________ Alexandra B. Ruggie, Corporation Counsel Page 3 of 11 April 27 56-R-26 EXHIBIT A Page 4 of 11 {00118033.3} INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF EVANSTON AND THE FOREST PRESERVE DISTRICT OF COOK COUNTY This INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into and effective (the "Effective Date") upon the date of the last signature, by and between THE CITY OF EVANSTON, ILLINOIS, a municipality of the State of Illinois, hereinafter called the "CITY" and THE FOREST PRESERVE DISTRICT OF COOK COUNTY, an Illinois body politic and corporate, hereinafter called the "DISTRICT". Collectively, the DISTRICT and the CITY shall be deemed the "Parties" and individually a "Party". WITNESSETH: WHEREAS, the CITY and the DISTRICT are units of government within the meaning of the Constitution of the State of Illinois, 1970, Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, the CITY and the DISTRICT are Illinois governmental entities subject to the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) and are authorized to mutually cooperate in providing services to the public; and WHEREAS, the DISTRICT owns Perkins Woods, a wooded area that abuts Ewing Avenue, Colfax Street, Grant Street and Bennett Avenue within the City of Evanston and which has two crossing trails that run through the property from Colfax and Ewing to Bennett and Grant, as well as Bennett and Colfax through to Grant and Ewing. as shown on Exhibit A attached hereto and incorporated herein, said parcels and boundaries and features hereinafter collectively referred to as the "SUBJECT PROPERTY"; and WHEREAS, the DISTRICT would like to cooperate with the CITY’s Public Works Department for the CITY to provide refuse pick-up service twice a week (“MAINTENANCE ACTIVITIES”) from the four DISTRICT refuse receptacles that will be located at every corner of Perkins Woods, as further shown on Exhibit A ("REFUSE LOCATIONS"); and Page 5 of 11 (00118033.3} 2 WHEREAS, the CITY and the DISTRICT are authorized to participate in the maintenance of said refuse receptacles at Perkins Woods and execute this Agreement by act of their duly constituted Boards and Council; and WHEREAS, the CITY and the DISTRICT by this Agreement, desire to determine and establish their respective responsibilities as to the manner in which waste will be removed from REFUSE LOCATIONS and all related terms and conditions. NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained herein, the Parties hereto agree as follows: AGREEMENT 1.Recitals. The recitals set forth above are incorporated in this Agreement by reference and made a part hereof. 2.Joint Effort. The CITY and the DISTRICT agree to cooperatively execute the below maintenance responsibilities for the REFUSE LOCATIONS. 3.CITY Responsibilities. The CITY’s Public Works Department will pick up and dispose of all waste from and immediately surrounding the four refuse receptacles found at the REFUSE LOCATIONS, which are located at every corner of Perkins Woods: 1) Ewing Avenue and Grant Street; 2) Grant Street and Bennett Avenue; 3) Bennett Avenue and Colfax Street; and 4) Colfax Street and Ewing Avenue (see Exhibit A). 4.District Responsibilities. The DISTRICT shall purchase the same refuse receptacles that are similar to others used by the City of Evanston, secure them into their proper locations, and be responsible for regularly inspecting the REFUSE LOCATIONS to ensure compliance with the terms of this Agreement and to keep the receptacles in good condition. The DISTRICT agrees to pay the CITY $4,073.68 per year for such services through the Term of this Agreement, with an expectation that the annual fee will increase by an average of 4% per year. The CITY will send its first invoice for such annual refuse services to the DISTRICT upon full execution of this IGA and then annually thereafter for each term year on the anniversary of the Effective Date. The DISTRICT shall promptly pay the annual invoices via check per the Local Government Prompt Payment Act. Page 6 of 11 {00118033.3} 3 5. Term. The term of this Agreement shall begin as of the Effective Date and shall continue for five (5) years, unless terminated by either Party in accordance with Section 6 of this Agreement. This Agreement may be extended upon the mutual written agreement of all Parties for an additional five (5) years. 6. Termination of Agreement. This Agreement may be terminated by any Party upon no less than sixty (60) calendar days' prior written notice to the other Party. The Parties may mutually agree to terminate this Agreement at any time. 7. Notices. Unless otherwise specified, any notice, demand or request required hereunder shall be given in writing at the addresses set forth below, by any of the following means: (a) personal service during regular business hours; (b) facsimile or e-mail transmission during regular business hours; (c) overnight courier; or (d) first class U.S. mail properly addressed with postage prepaid and deposited in the U. S. Mail. Any notice, demand or request served personally or by facsimile or e-mail transmission as aforesaid shall be effective upon receipt. Any notice, demand or request served by overnight courier shall be deemed received on the business day immediately following deposit with the overnight courier. Any notice, demand or request served by first class U.S. mail shall be deemed received two (2) business days following deposit in the mail. Notices shall be served at the following addresses or at such other places as the Parties may from time to time designate in writing by notice given hereunder. Immediately upon execution of this Agreement, the following individuals will represent the Parties as primary contacts in all matters under this Agreement: For the CITY: For the DISTRICT: CITY OF EVANSTON 909 Davis St. 2nd Floor Evanston, IL 60201-27998 Attention: Edgar Cano, Director of Public Works ecano@cityofevanston.org (847) 448-8149 FOREST PRESERVE DISTRICT OF COOK COUNTY 536 N. Harlem Avenue River Forest, IL 60305 Attention: Alma Arias, Director, Department of Landscape Maintenance (312) 261-0000 Alma.Arias@cookcountyil.gov. Page 7 of 11 {00118033.3} 4 With a copy to: FOREST PRESERVE DISTRICT OF COOK COUNTY 69 W. Washington, Suite 2010 Chicago, Illinois 60602 Attention: Lisa Lee, Chief Attorney Lisa.Lee@CookCountyil.gov (312) 603-0020 (312) 603-9850 (Facsimile) 8. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois, without regard to the principles of conflicts of law thereof. 9. Amendments and Modifications. This Agreement may not be modified or amended except by an agreement in writing signed by the Parties. 10. Parties in Interest/No Third-Party Beneficiaries. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of, and be enforceable by, the respective successors and permitted assigns of the Parties hereto. This Agreement shall not run to the benefit of, or be enforceable by, any person or entity other than a Party to this Agreement and its successors and permitted assigns. This Agreement should not be deemed to confer upon third parties any remedy, claim, right of reimbursement or other right. Nothing contained in this Agreement, nor any act of a Party, shall be deemed or construed by any of the Parties hereto or by third persons, to create a relationship of third-party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving a Party. 11. Titles and Headings. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement. 12. Construction of Words. The use of the singular form of any word herein shall also include the plural, and vice versa. The use of the neuter form of any word herein shall also include the masculine and feminine forms, the masculine form shall include feminine and neuter, and the feminine form shall include masculine and neuter. 13. Counterparts. This Agreement may be executed in any number of counterparts and by different Parties hereto in separate counterparts, with the same effect as if all 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. 14. Further Assurances. The Parties shall perform such acts, execute and deliver such Page 8 of 11 {00118033.3} 5 instruments and documents, and do all such other things as may be reasonably necessary to accomplish the transactions contemplated in this Agreement. 15. Severability. If any provision of this Agreement, or the application thereof, to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect only if, after excluding the portion deemed to be unenforceable, the remaining terms shall provide for the consummation of the transactions contemplated hereby in substantially the same manner as originally set forth herein. In such event, the Parties shall negotiate, in good faith, a substitute, valid and enforceable provision or agreement which most nearly affects the Parties' intent in entering into this Agreement. 16. Venue and Consent to Jurisdiction. If there is a lawsuit under this Agreement, each Party hereto agrees to submit to the jurisdiction of the courts of Cook County, the State of Illinois and the United States District Court for the Northern District of Illinois. 17. Personal Liability. No employee, officer, elected or appointed official or agent of a Party shall be individually or personally liable in connection with this Agreement. 18. Insurance. Each Party shall maintain liability insurance in reasonable amounts, and with reputable companies or through a program of self-insurance as are reasonably acceptable to the other Parties and /or the risk management association of which the Party is a member, to protect the Parties against claims arising directly or indirectly out of or in connection with the MAINTENANCE ACTIVITIES at the REFUSE LOCATIONS pursuant to this Agreement. Each Party agrees to add the other Party and their respective Board/Council, employees, volunteers and agents as additional insured on their respective policies per their Certificate of Insurance. The Certificates of Insurance and self-insurance letters shall be exchanged between the Parties annually. 19. No Estate In Land. This Agreement creates a license only for purpose of the MAINTENANCE ACTIVITIES at the REFUSE LOCATIONS. By virtue of this Agreement, the CITY shall not be deemed to hold and shall not claim at any time any interest or estate of any kind or extent whatsoever in the SUBJECT PROPERTY. 20. General Liability and Indemnification. It is understood and agreed that no Party to this Agreement shall be liable for any negligent or wrongful acts of the other Parties, either by commission or omission, unless such liability is imposed by law. Page 9 of 11 {00118033.3} 6 21.No Wavier Immunities, Defenses or Privileges. Nothing herein shall be construed as an express and/or implied waiver of any common law and/or statutory immunities, defenses, and/or privileges of the Parties and/or any of their respective officials, officers and/or employees. 22.Assignment. This Agreement, or any portion thereof, shall not be assigned by a Party without the express prior written consent of all other Parties. 23.Consent. Whenever the consent or approval of one or more Parties to this Agreement is required hereunder, such consent or approval will not be unreasonably withheld. IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year last written below. FOREST PRESERVE DISTRICT OF COOK COUNTY __________________________ Signature _____________________________ Print Name and Title CITY OF EVANSTON ________________________________ Signature _______________________________ Print Name and Title Date: ______________________Date: _________________________ Page 10 of 11 EU N E V A G N I W E GRANT STREET EU N E V A T T E N N E B EU N E V A L E I N A D C M COLFAX STREET LINCOLN STREET ALLEY NOYES STREET 0 400200 FeetFPCC Perkins Woods Evanston, IL Refuse Location Paved Path Exhibit A Page 11 of 11