2021-1943 RESOLUTION NO. 2021-1943
A Resolution Authorizing an Intergovernmental Cooperation Agreement Paving Peace Trail.
2021-2022
This Agreement is entered into by and among the City of Janesville, a Wisconsin Municipal
Corporation (hereinafter "City"); and the County of Rock County, a political subdivision of the
State of Wisconsin (hereinafter "County"), (hereinafter individually "Party" and collectively
"Parties").
WHEREAS, the PEACE TRAIL (hereinafter"Trail"), an off-road biking and hiking trail, originates
in the City of Janesville and terminates at Big Hill Park in the City of Beloit; and
WHEREAS, the parties have entered into a mutual cooperation agreement to complete the
TRAIL project; and
WHEREAS, the City has paved the Trail to Tripp Road, and the remaining segment to South
Walters Road remains limestone; and
WHEREAS, it is the desire of the Parties to provide a paved trail system from Janesville to
Beloit; and
WHEREAS, the County has applied for a 50/50 matching grant through the State of Wisconsin
Department of Natural Resources, and the Rock Trail Coalition has an anonymous donor to
fund a portion of the total project, and in-kind donations from local businesses; and
WHEREAS, the parties believe this cooperative project will be a great addition to the trail
system in Rock County;
NOW, THEREFORE, upon the consideration of the mutual promises contained herein, it is
agreed by and amongst the City and the County as follows:
SECTION 1 — PURPOSE
The purpose of this Agreement is to establish the mutual desire to cooperate together to
undertake the paving of the PEACE TRAIL, which resides in each jurisdiction, through grant
opportunities, monetary donations, in-kind donations, and City and County funding.
SECTION 2 —ACTIVITIES
A. Each Party agrees to the following:
1. The City shall provide funding to the County for the completion of the approximately
8,300' (Eight Thousand Three Hundred feet) of Trail, the City has agreed to maintain.
2. The County agrees to facilitating the project scope in the entirety. without assistance
from City field workforces.
SECTION 3— FUNDING
Funding to pay for the development of the trail is as follows:
A. The City agrees to paying an amount not to exceed $45,000, the amount needed to
match the WDNR grant award. Said funding is available in previously borrowed Note
Issuance.
B. The remaining funding shall come from grants, donations, and the County.
SECTION 4— PROGRAM ADMINISTRATION
Rock County shall provide overall administration of the development of the Trail. with assistance
from the City Parks Division Administration.
SECTION 5 —AMENDMENT, WAIVER
No amendment or waiver of the provisions of this Agreement shall be effective unless the same
shall be in writing. approved. and signed by the legal authority of each of the affected Parties.
SECTION 6 — ENTIRE AGREEMENT
This Agreement embodies the entire agreement and understating of the parties hereto with
respect to the subject matter herein and supersedes all prior agreements and understandings of
the Parties hereto relating to the subject matter herein.
SECTION 7 — CONFLICTING AGREEMENT
In case of any conflict between this Agreement and any other document, this Agreement shall
control.
SECTION 8 —ARBITRATION
In the event that the Parties are unable to agree with respect to any action to be taken pursuant
to the Agreement, or any matter or issue arising under, or dispute concerning, this Agreement,
then any of the Parties may elect to submit the issue to arbitration in accordance with Chapter
788 of the Wisconsin Statutes. Each Party will be responsible for its own costs, fees, and
expenses arising from such arbitration including, but not limited to. legal representation. Any
costs, fees, and expenses for the arbitrator involved in said arbitration will be borne equally by
all three Parties involved.
SECTION 9 - LIMITATION OF LIABILITY
None of the Parties to this Agreement shall be liable to the other Party or Parties for any action
or failure to act or for any error of judgment, negligence, mistake, or oversight whatsoever on
the part of such Party or such Party's agents, officers, or employees with respect to any
transaction or omission arising from and/or pertaining to the Agreement, provided such Party
has acted in good faith and has not been guilty of gross negligence or willful misconduct.
SECTION 10 - DURATION OF THIS AGREEMENT
The term of this Agreement commences on the date of execution and will remain in force for the
time used to complete the Trail project. Parties shall not have the opportunity to terminate or
withdraw from this Agreement should such factors exist, such as grant funding is not realized,
private donations do not exist, or the County cannot fulfill the obligation to complete the project.
Each Party has authorized this Agreement and attests that this Agreement is executed by its
respective chief executive officer or authorized official.
CITY OF JANESVILLE
By: Date: /1/a_r/. /
Mar A. Freitag, City M�anag
By: -i61 Date: If
Lorena R. Stottler, City Clerk-Treasurer
Approved as to form:
By: Date:
Wald Klimczyk, City Attorney
COUNTY OF ROCK
By: Date:
Richard Bostwick, County Board Chair
By: Date:
Lisa Tollefson, County Clerk
Approved as to form:
By: Date:
Richard Greenlee, Corporation Counsel
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ADOPTED: N 0 vr:,Y► be.t' 22, 2-02-I Motion by: Consent
Second by: Consent
APPROVED: Councilmember Aye Nay Pass Absent
Benson X
Mark qag, City Manager Jackson X
Johnson X
ATTEST: Marklein X
h/eKli M k X
Miller7/711 X
Lorena Rae Stottler, City Clerk-Treasurer Williams X
APPROVED AS TO FORM:
1 /
Wald Klimczy , City Attorney
Proposed by: Parks Division
Prepared by: Parks Division
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