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R-48-97 Resolution authorizing execution of an intergovermental agreement with lemontRESOLUTION (- Lf( -11 7 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH LEMONT- BROMBEREK COMBINED SCHOOL DISTRICT 113A FOR TRAFFIC ASSISTANCE AT OLD QUARRY SCHOOL WHEREAS, Lemont - Bromberek Combined School District 113A has requested that the Village provide assistance with traffic control prior to the installation of a left -turn lane at 127th Street adjacent to the entrance to Old Quarry School, and WHEREAS, the Village of Lemont and Lemont - Bromberek Combined School District 113A have negotiated an agreement which would provide the terms and conditions of this service. NOW THEREFORE BE IT RESOLVED THAT the Village President and Village Clerk are authorized to sign and attest the agreement. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS, on this 25th day of August , 1997. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker AYES NAYS PASSED ABSENT v' v Cie -e -f� CHARLENE SMOLLEN, Village Clerk Approved by me this 25th day of . ust , 1997. ItIL _ ? '?ire° ' NO IT ; Village President Attest: CHARLENE SMOLLEN, Village Clerk INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF TRAFFIC CONTROL THIS AGREEMENT, made and entered into on the date set forth next to the signature of each party hereunto, by and between LEMONT - BROMBEREK COMBINED SCHOOL DISTRICT 113A, a Body Corporate and Politic, ( "District ") and the VILLAGE OF LEMONT, an Illinois Municipal Corporation ( "Village "). WITNESSETH: WHEREAS, the Illinois Constitution, 1970, Article 7, Section 16, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or by ordinance; and WHEREAS, the DISTRICT maintains and operates the Old Quarry Middle School at 16100 127th Street, Lemont, Illinois; and WHEREAS, the operation of that school necessitates the safe ingress and egress of pedestrian and vehicular traffic from the school property; and WHEREAS, the Village of Lemont Police Department is charged with the authority and responsibility to direct traffic within the Village of Lemont; and WHEREAS, the DISTRICT desires to have the VILLAGE provide qualified and trained police personnel to assist with the ingress and egress of both pedestrian and vehicular traffic upon the terms and conditions hereinafter set forth; and WHEREAS, the Cook County Highway Department has required the construction of a left -turn lane on 127th Street adjacent to the drive serving the Old Quarry Middle School; and WHEREAS, this police service is required due to the fact a left -turn lane to be constructed on 127th Street will be delayed pending construction of the 1 -355 extension; and WHEREAS, an agreement between the District and Illinois State Toll Highway Authority is attached to specify the terms and conditions of the construction of the left -turn lane. NOW, THEREFORE, in consideration of the foregoing recitals and of the covenants and conditions hereinafter contained, the adequacy and sufficiency of which the parties hereto hereby acknowledge, the parties hereto mutually agree as follows: 1. The VILLAGE police department shall provide one (1) police personnel and marked police car for traffic direction on each day that school is in session between the hours of 8:00 a.m. and 8:45 a.m. and 2:30 p.m. and 3:15 p.m. 2. The DISTRICT and the VILLAGE shall agree on the location of the police officer so that the most effective use of the police services may be had. 3. The DISTRICT agrees to pay the VILLAGE the sum of $22.00/day, to be billed quarterly, for the services provided by the VILLAGE. 4. The DISTRICT agrees to hold harmless, indemnify and defend the VILLAGE from any and all claims, demands, liabilities and suits in law or in equity that may arise from or out of the VILLAGE's performance of this Agreement. 5. This Agreement shall be in force commencing on August 27, 1997 and shall continue in full force and effect through the end of the school year, 1999. Thereafter, this Agreement may be renewed by the parties on an annual basis. If the Illinois State Toll Highway Authority should complete construction of the left -turn lane prior to the end of the 1999 school year, this agreement shall terminate upon completion of the left -turn lane. 6. Either Party may terminate this Agreement at any time effective at the end of any calendar month, provided however, that the party desiring to terminate this Agreement shall give written notice to the other party specifying the end of the month on which the termination is to be effective. Said written notice must be given at least sixty (60) days prior to the date on which termination is to be effective. 7. This Agreement shall be binding upon and inure to the benefit of any successor governmental legal entity which may assume and perform the duties of either party hereto. Notwithstanding the foregoing, this Agreement shall not be assigned by either party hereto without the prior written consent of the other party to this Agreement. 8. The invalidity of any provision of the Agreement shall not impair the validity of any other provision. If any provision of the Agreement is determined by a court of competent jurisdiction to be unenforceable, that provision may be severed or modified by the court. 9. This Agreement sets forth the entire understanding of the parties, and may only be amended, modified or terminated by a written instrument signed by the parties. 10. This Agreement shall be interpreted and construed in accordance with the laws of the State of Illinois. This agreement shall not supersede any agreement with the Cook County Highway Department or Illinois State Toll Highway Authority. 11. All notices hereunder shall be in writing and must be served either personally or by registered or certified mail to: a. Village at: Village of Lemont 418 Main Street Lemont, Illinois Attn: Village Administrator b. District at: Lemont - Bromberek Combined School District 113A 16100 127th Street Lemont, Illinois Attn: District Superintendent c. To such person or place which either party hereto by its prior written notice shall designate for notice to it from the other party hereto. 12. This Agreement is executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date set out below. VI LA E OF LEMONT, an Illinois Municipal C Villa • —e emont Date: g-,.6-1 7 LEMONT BROMBEREK COMBINED SCHOOL DISTRICT 113A, and Pol' BY: , . ody C • ,•j• rate Lem t -B omberek C.S.District 113A Date: �7 97