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HomeMy WebLinkAbout036-R-22 Authorizing the Interim City Manager to Execute an Intergovernmental Agreement between the City of Evanston and the Forest Preserve District of Cook County5/23/2022 36-R-22 A RESOLUTION Authorizing the Interim City Manager to Execute an Intergovernmental Agreement between the City of Evanston and the Forest Preserve District of Cook County WHEREAS, the City of Evanston ("City"), located in Cook County, Illinois, is a home rule unit of government under the provisions of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the ability to enter into agreements; and WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970, the Intergovernmental Cooperation Act (5 ILCS 22/1 et seq.) and Sections 1-4-6 and 11-1- 2.1 of the Illinois Municipal Code (65 ILCS 5/11-1-2.1), authorize and encourage intergovernmental cooperation among enforcement agencies to provide police protection; and WHEREAS, the Forest Preserve District of Cook County owns certain parcels of land within the City comprising an area commonly referred to as Perkins Woods, which is generally depicted in Exhibit A to the Intergovernmental Agreement ("Agreement") attached hereto as Exhibit 1; and WHEREAS, Perkins Woods is bordered generally on the north by Colfax Street, on the south by Grant Street, on the east by the Lincolnwood Elementary School, and on the west by Ewing Avenue; and WHEREAS, the City owns transportation rights -of -way extending 21 feet south from the center of Colfax Street, 21 feet north from the center of Grant Street, and 19 feet east from the center of Ewing Avenue (hereinafter "ROWs"); and -1- Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff 36-R-22 WHEREAS, each of the City's ROWs extend several feet beyond the curb of the respective streets in the direction of the Forest Preserve District's land, and no visible separation exists between the Forest Preserve District's land and the City's ROWs in these three directions; and WHEREAS, it is the mission of the Forest Preserve District to acquire, preserve, protect, restore, and maintain the natural features and ecological values of land within Cook County for the education, pleasure and recreation of the public, and in furtherance of these objectives to undertake programs and activities such as biological and physical inventory, scientific research, habitat and wildlife management; and WHEREAS, the City and the Forest Preserve District are interested in amplifying the Forest Preserve District's Ecological Stewardship Volunteer Program at Perkins Woods which will broaden local support for local natural areas, and increase the number of stewardship leaders and volunteer participation; and WHEREAS, the City and the Forest Preserve District and the natural areas that they own and manage are faced with a common set of conservation threats including the establishment and spread of invasive species; and WHEREAS, the Forest Preserve District primarily through its Ecological Volunteer Stewards who volunteer at Perkins Woods, wish to conduct activities toward the eradication of invasive species at Perkins Woods, including within the ROWs, which may include mechanical, chemical and biological mechanisms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: -2- Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff 36-R-22 SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: That the Interim City Manager or her designee is hereby authorized and directed to sign, and the City Clerk is hereby directed to attest on behalf of the City, the IGA with the Forest Preserve District, attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 3: The Interim City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement that she deems to be in the best interest of the City. SECTION 4: This Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Attest: Stephanie Mendoza, City Clerk Adopted: 5/23 2022 2912 han4��� Daniel Biss, Mayor Approved as to form: �/{�ccftola.,s �. CunU�ti�.q�s Nicholas E. Cummings, Corporation Counsel Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff 36-R-22 EXHIBIT 1 Intergovernmental Agreement Between the City of Evanston and the Forest Preserve District of Cook County Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff INTERGOVERNMENTAL AGREEMENT between and among the CITY OF EVANSTON and FOREST PRESERVE DISTRICT OF COOK COUNTY THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Evanston ("Evanston") and the Forest Preserve District of Cook County ("Forest Preserves"), hereinafter referred to collectively as the "Parties" and individually as a "Party." WHEREAS, the Forest Preserves owns certain parcels of land within the City of Evanston comprising an area commonly referred to as Perkins Woods, which is generally depicted on Exhibit A attached hereto; and WHEREAS, Perkins Woods is bordered generally on the north by Colfax Street, on the south by Grant Street, on the east by the Lincolnwood Elementary School, and on the west by Ewing Avenue; and WHEREAS, Evanston owns transportation rights -of -way extending 21 feet south from the center of Colfax Street, 21 feet north from the center of Grant Street, and 19 feet east from the center of Ewing Avenue (hereinafter, "ROWS"); and WHEREAS, each of Evanston's ROWS extend several feet beyond the curb of the respective streets in the direction of the Forest Preserves' land, and no visible separation exists between the Forest Preserves' land and Evanston's ROWS in these three directions; and WHEREAS, it is the mission of the Forest Preserves to acquire, preserve, protect, restore, and maintain the natural features and ecological values of land within Cook County for the education, pleasure and recreation of the public, and in furtherance of these objectives to undertake programs and activities such as biological and physical inventory, scientific research, habitat and wildlife management; and WHEREAS, the Parties are interested in amplifying the Forest Preserves' Ecological Stewardship Volunteer Program at Perkins Woods which will broaden local support for stewardship and habitat restoration, increase the number of people who will advocate for local natural areas, and increase the number of stewardship leaders and volunteer participation; and WHEREAS, the Parties and the natural areas that they own and manage are faced with a common set of conservation threats including the establishment and spread of invasive species; and WHEREAS, the Forest Preserves, primarily through its Ecological Volunteer Stewards who volunteer at Perkins Woods, wish to conduct activities toward the eradication of invasive species at Perkins Woods, including within the ROWS, which may include mechanical, chemical and biological mechanisms; and WHEREAS, the Parties to this Agreement are authorized to execute and implement this Agreement; Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff NOW, THEREFORE the Parties, intending to cooperate in the management and protection of Perkins Woods, agree as follows; I. OBJECTIVES This Agreement is intended to formalize, for the mutual benefit of the Parties, restoration, conservation, and management collaboration between the Parties for the protection and management of Perkins Woods and the ROWS, including invasive plant control. Through this Agreement, the Parties will focus on common threats and, working together, intend to achieve a positive ecological impact on Perkins Woods' ecosystem that is greater than the impact they could achieve working individually. Ecological management of Perkins Woods including the ROWS may be more effective and cost efficient if the Parties work together to coordinate management efforts, share resources and information to improve management practices, and work jointly to secure grant funds and implement common management objectives. II. RESPONSIBILITIES A. Cooperative Activities: Each Party may, but is not obligated to, conduct the following activities, either individually or with one or more other Parties: 1. Share information on land management techniques and effectiveness relevant to conservation threats and long-term conservation and land management goals. 2. Share research and monitoring data and findings relevant to conservation threats and long-term conservation and land management goals. 3. Implement activities with the ROWS related to abatement of common threats and achievement of common land management and long-term conservation goals. 5. Establish contracts or other prior, express, written permission to allow the Parties to implement management within the ROWS when there is mutual agreement. 6. Develop, document, and implement a long-term conservation plan for the ROWs. B. ROW Cooperative Restoration and Management Activities: Each Party may, but is not obligated to, conduct the following restoration, management, and outreach activities within the ROWS, either individually or with one or more other parties including the Forest Preserves' Ecological Stewardship Volunteers: 1. Mowing, cutting, and/or treating woody invasive plants; 2. Mowing, cutting, pulling, and/or treating herbaceous invasive plants; 3. Nursery production (e.g., propagation, seed collection, transplanting, weeding) 4. Conducting surveys, including but not limited to insects, birds, and rare plants; 5. Conducting public outreach efforts (e.g., tours, flyers, work parties); 6. Collecting prairie seed and planting it into old field and disturbed areas; and 7. Trash and debris removal; Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff (individually referred to as an "Activity" and collectively referred to as, the "Activities") C. No Obligations: Nothing in this agreement shall be construed as obligating any Party to assist with, or complete, any specific Activity. However, if a Party undertakes any Activity, it will do so in compliance within the provisions of this Agreement. Any Party may, at any time, elect to withdraw its participation from any Activity, at its sole discretion, unless such withdrawal is prohibited by a contract other than this Agreement. D. General Management: The Parties agree to the following general management terms and conditions when conducting any Activity: 1. The Parties may share their personnel and equipment for the performance of any Activity. 2. Evanston shall allow the Forest Preserves to conduct Activities on land within the ROWS, provided both Parties acknowledge that any and all work shall: a) be performed in accordance with the guidance provided by the Party that owns, or has primary management responsibility for, the property upon which the Activity will occur, and b) follow the management objectives of the Forest Preserves' approved management plan for Perkins Woods. 3. Each Party shall comply with all laws related to rare plant and animal species, and when applicable, use the appropriate avoidance and minimization measures set forth therein. Such laws may include, without limitation: Illinois Endangered Species Protection Act (520 ILCS 10/1, et seq.), Illinois Natural Areas Preservation Act (525 ILCS 30/1, et seq.), and Interagency Wetland Policy Act of 1989 (20 ILCS 830/1-1, et seq.). E. Record Keeping. Forest Preserves shall, for a minimum period of time as may be required by law, keep reasonable records documenting Activities performed with the ROWS and transmit copies of such records to Evanston upon request. F. Compliance with Ordinances: When working with the ROWS, Forest Preserves shall comply with requirements established by ordinance of either Party and may, at its discretion, exercise the authority to hold its employees, contractors, and volunteers to a higher standard. Forest Preserves shall at all times abide by Evanston's ordinances regarding curb setback. G. Pesticide Use: Notwithstanding any other term of this agreement, anyone applying general -use and restricted -use pesticide within the ROW under this agreement must comply with Illinois Pesticide Act and the City of Evanston Sustainable Pest Control and Pesticide Reduction Policy, Resolution 20-R-10, as may be in effect. III. RIGHTS OF NON-PARTIES Nothing contained in this Agreement shall be construed as providing any right to any third -party, or permission or authorization to enter or take action on any land that is not owned by a Party signatory to this Agreement or for which a Party does not have primary management responsibility. Entrance to or Activities upon such lands requires prior, express, written permission from, or a separate agreement with, the owner or manager thereof. Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff IV. NO WAIVER OF RIGHTS No Waiver of Rights. Nothing contained in this Agreement shall be construed as waiving or limiting any powers of any Party or waiving the responsibilities of the Parties to perform their work in accordance with applicable federal, state, or local law, ordinances and rules. V. LIASONS Forest Preserves John McCabe, Director of Resource Management Forest Preserve District of Cook County 536 N. Harlem Avenue River Forest, Il. 60305 708-771-1180 John.Mccabe(acookcountvil. gov Citv of Evanston Public Works Department City of Evanston 2100 Ridge Ave Evanston, IL 60201 847-448-4311 VI. LIABILITURESPONSIBILITY No Party, nor its officers, employees, contractors, or volunteers will be deemed an employee or agent of any other Party. To the extent required by law, each Parry will be responsible for providing workers' compensation coverage for its own employees participating in any management activity under this Agreement. Each Party shall be responsible for the consequences of its own acts, errors, or omissions and those of its employees, volunteers, boards, commissions, agencies, officers, and representatives and shall be responsible for any losses, claims, and liabilities which are attributable to such acts, errors, or omissions including providing its own defense. In situations including joint liability, each Parry shall be responsible for the consequences of its own acts, errors, or omissions and those of its employees, agents, boards, commissions, agencies, officers and representatives. Each Party shall defend and indemnify the other Party against and from claims alleging to arise out of the acts, errors, or omissions of the Party and its employees, volunteers, boards, commissions, agencies, officers, and representatives in connection with this Agreement. It is not the intent of the Parties to impose liability beyond that imposed by state statutes or to waive any immunity or defense otherwise available. VII. TERM Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff This Agreement shall be effective upon execution by both Parties and shall be in effect for a term of ten (10) years unless extended by mutual written agreement of the Parties, or until terminated as set forth herein. Either Party shall have the right to withdraw from and terminate this Agreement by giving thirty (30) days' written notice to the other Party of its intent to terminate. However, the terminating Party shall still be bound by Paragraph VI in connection with work done while it was a Party to the Agreement. VIII. SEVERABILITY If any provision of this Agreement shall be adjudged to be unlawful or contrary to public policy, then that provision shall be deemed null and void and severable from the remaining provisions, and shall in no way affect the validity of this Agreement. IX. WAIVER Failure or delay on the part of any Party to exercise any right, power, privilege or remedy hereunder shall not constitute a waiver thereof. A waiver of any default shall not operate as a waiver of any other default or of the same type of default on a future occasion. X. FINANCIAL OBLIGATIONS/ TRANSFER OF FUNDS This Agreement does not obligate any Party to provide financial support of any sort. Each Party will provide for salary or wage costs of its own employees, shall pay its own contractors, and shall cover the costs of operation and maintenance of its own equipment, and there shall be no exchange of funds for the obligations described herein. XI. OTHER COOPERATORS This Agreement does not preclude the Parties from establishing similar agreements and/or contracts with other individuals, corporations, agencies, and public or private organizations. The Parties recognize the importance of continuing to cooperate and work with others in programs of mutual interest and to be able to, by means of a written document signed by all Parties, invite others to participate in the activities implemented under this Agreement. XII. NO JOINT VENTURE The Parties agree that they are not entering into a legal partnership, joint venture or other such business arrangement, nor is the purpose of the Parties to enter into a commercial undertaking for monetary gain. No Party shall refer to or treat the arrangements under this Agreement as a legal partnership or take any action inconsistent with such intention. XIII. ASSIGNMENT No Party may assign or transfer its rights and obligations under this Agreement without the prior written consent of the other signatory Parties. XIV. COMPLIANCE WITH LAWS Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff The Parties will observe all the applicable laws and regulations during the execution of the work or Activities implemented under the provisions of this Agreement. XV. GOVERNING LAW This Agreement will be governed by, enforced by, and construed in accordance with the laws of the State of Illinois, without regard to the principles of conflicts of law thereof. XVI. VENUE AND CONSENT TO JURISDICTION If a lawsuit related to the performance or non-performance of this Agreement and a specific parcel of land owned by a Party, each Party hereto agrees to submit to the jurisdiction of the courts of the county in which such land is located. XVII. PERSONAL LIABILITY 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. XVIII. ENTIRETY This Agreement, including any attachments and amendments, embodies the entire and complete agreement and understanding between the Parties and supersedes all prior or contemporaneous communications and negotiations, both oral and written and constitutes the entire agreement between the Parties relating to the work set out above. XIX. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties hereto have executed this agreement: CITY OF EVANSTON M. Date: FOREST PRESERVE DISTRICT OF COOK COUNTY By: Date: Arnold Randall, General Superintendent Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff EXHIBIT A Maintenance Area YT- }.'jo g,.. •"s .1.x r �U,Mftk Typical Dimensions 4 Foot City Parkway Reauirements See Exhibit Above For Distance Aw From Curb to Citv ROW Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff