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2009-13RESOLUTION NO. 2009- 13 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE LAKE COUNTY STORMWATER MANAGEMENT COMMISSION RELATED TO APTAKISIC CREEK (THOMPSON BOULEVARD AND WEIL_AND ROAD) STREAMBANK STABILIZATION WHEREAS, it would be desirable to implement a streambank stabilization improvement along Aptakisic Creek on Village owned property at Thompson Boulevard and Weiland Road, and, WHEREAS, grant funding assistance is required in order to proceed with the completion of this project. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The Agreement entitled, "Intergovernmental - Agreement between the Lake County Stormwater Management Commission and the Village of Buffalo Grove for Aptakisic Creek Streambank Stabilization Project, Thompson Blvd. and Weiland Rd. ", is hereby approved. Section 2. The Village President is authorized and directed to execute the Intergovernmental Agreement. A copy of said document is attached hereto and made a part hereof. AYES: h - Bra;man, Glover, Berman, Kahn Trilling, Rubin NAYES: 0 — None ABSENT: 0 — None PASSED: March 23 APPROVED: March 23 ATTEST: _ <�-�;Yy� llage Clerk U.'+F 11'DIRG[tP I.C(C .lpt.ikisic Creek'-res09 lesmc.doc 2009 .1 2009 APPROVED: i�- Village President INTERGOVERNMENTAL AGREEMENT between the LAKE COUNTY STORMWATER MANAGEMENT COMMISSION and the VILLAGE OF BUFFALO GROVE for Aptakisic Creek Streambank Stabilization Project Thompson Blvd. and Weiland Rd. THIS IS AN AGREEMENT, by and between The LAKE COUNTY STORMWATER MANAGEMENT COMMISSION, 333 Peterson Road, Libertyville, Illinois 60048 (hereinafter called SMC) and the VILLAGE OF BUFFALO GROVE, 51 Raupp Blvd., Buffalo Grove, Illinois 60089 (hereinafter called VILLAGE). PROJECT DESCRIPTION The project includes streambank stabilization of approximately 300 feet near Thompson Blvd. and approximately 150 feet near Weiland Rd. The project is part of the Aptakisic Creek Maintenance Plan and includes the planting of native species, sloping the stream banks back and the removal of invasive species. The project location is shown in Exhibit 1. This work is hereinafter called the PROJECT. SCOPE OF WORK 1. The SMC will provide technical assistance to the VILLAGE. This may include review of materials and construction methods for the PROJECT. 2. The VILLAGE will hire contractors and /or equipment necessary to be used for construction of the PROJECT. 3. The VILLAGE will obtain all necessary permits, including, but not limited to, if applicable, the USACE, IDNR, USEPA, and SMC's Watershed Development permits. 4. Upon completion of the project, the VILLAGE will submit to the SMC a brief one to two page project report which will include before and after photos of the project. SCHEDULE The VILLAGE shall submit PROJECT status update to the SMC before July 30, 2009. The final request for reimbursement for eligible expenses shall be submitted by the VILLAGE before November 30, 2009. If necessary, an extension may be requested in writing by the C:\DOCUME-1\millelj\ LOCALS- 1\Temp\notes6030C8\Final_IGA Aptakisic Creek_030509.doc Page 1 VILLAGE prior to this date. Requests for reimbursement submitted after this date without prior approval of the extension will not be honored. COMPENSATION The total project cost is approximately $70,000. 2. SMC funding shall not exceed $7,500. Payment of reimbursable costs shall be due and payable by the SMC after submission of the VILLAGE's invoice, after satisfactory completion of the work as permitted by SMC, and after approval of the same by the SMC Director. TERMS AND CONDITIONS The terms of this Agreement are valid until November 30, 2010. 2. Either party may terminate this Agreement upon thirty days written notice to the other party. In event of termination, SMC shall pay the VILLAGE for 50% of the services rendered to the date of termination up to a maximum of $7,500. All adjustments, additions, and /or deletions to this Agreement are subject to the written approval of both parties. 4. This Agreement shall be governed by and construed according to the laws of the State of Illinois. SMC authorization and financial support for this project is conditioned on its compliance with all applicable federal, state and local statutes and regulations. As provided by the Illinois Endangered Species Protection Act [520 ILCS 10/11] and the Illinois Natural Areas Preservation Act [525 ILCS 30/17], any construction, land management or other activity authorized or funded by a local unit of government that will change existing environmental conditions, and /or will have a cumulative, direct or indirect adverse impact on a Natural Area or on a listed species or its habitat, must complete the Endangered Species Consultation Process. As a party to this agreement, the VILLAGE must provide documentation to SMC that the consultation process with the Illinois Department of Natural Resources has been completed. [Consultation program information, applicability and application forms can be found at http: / /d"nrecocat. state. iL uslecopublic /] 6. This Agreement supersedes any and all other Agreements, oral or written, between the parties hereto with respect to the subject matter hereof. C:\DOCUMFrl\millelj\ LOCALS- 1 \Temp\notes6030C8\Final_IGA Aptakisic Creek_030509.doc Page 2 is � .� '• . IN WITNESS WHEREOF, the parties have caused this Agreement to be executed, as evidenced by the signatures of their duly authorized representative as affixed below. LAKE COUNTY STORMWATER MANAGE ENT COMMISSION: Michael D. Warner, P.E., CFM, Director Date: VILLAGE OF BUFFALO GROVE: liott artstein, Village President Date: C:\DOCUME-1\millelj\ LOCALS— l \Temp\notes6030C8\Final_IGA Aptakisic Creek_030509.doc Page 3 N 3 ro a L W N N 3 i C7 z s 7 N C1 U C O� u 0 I 0 v 0 3 c E o E F- v n Q ® N Im? �o— e I sTn o n �b o mox /J W -a>