2009-14• 1 1 0
RESOLUTION NO. 2009- 14
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE LAKE COUNTY STORMWATER MANAGEMENT COMMISSION
RELATED TO INDIAN CREEK STREAMBANK STABILIZATION
WHEREAS, it would be. desirable to implement a streambank stabilization
improvement along Indian Creek on Village owned property near Buffalo Grove 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, "Bull Creek/Bull's Brook &
Indian Creek Watershed -Based Plan Implementation Agreement for Illinois EPA Section
319 Funding Recipients ", 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: 6 - Braiman, Glover, Berman, Kahn, Trilling, Rubin
NAVES: 0 - None
ABSENT: 0 - None
PASSED: March 23 .2009
APPROVED: March 23 , 2009
APPROVED:
Village President
ATTEST:
Illage Clerk
GAPWDIRGRPU,FICUndian Creek\res091csmc.doc
•
•
Bull Creek/Buli's Brook & Indian Creek Watershed•Based Plan Implementation
Agreement for Illinois EPA Section 319 Funding Recipients
Village of Buffalo Grove
Indian Creek Streambank Stabilization at Buffalo Grove Road
BMP No. 3190809-001
AC01215 99, K9kK ANQ kH92ALL-6E 29MEL--ET-19—M
The Recipient agrees to:
• Submit two (2) copies of
• Design plans which shall be stamped and approved by a registered professional engineer (P.E.)
or by appropriate staff of the Natural Resources Conservation Service (NRCS),
• tsmF- Appfication l'-orm;
• Description of units/quantities of BMPs to be installed;
• Pollutant load reduction estimates; and an
• Operation ert iatrnance (,O&M):P*,1
Said materials ,,gh
It e;soo,rrlitted faW tadh b06411,hf - ft.reement.peftains to and -3h I(be
rovidei
tothe SMC att,e
,M , , 4 0 0 * to thb ncement y cons u
cuon. S10 C >will
review the deswJoi that 'ornnswith th
ans o gnsp m, ,at tho coff e -OnOinal, lnteht. ex
preA"o in the
Recipient's grant proposal submitted to and approved by SMC and the Illinois EPA. SMC reserves
the right to request plan revisions prior to submission of final design plans to Illinois EPA. After
'eview, comment and/or request for revisions by SMC, final design plans, "BMP Application Form",
pollutant load reduction estimates and an O&M plan for each property involved, will be submitted to
:he Illinois EPA for approval. Illinois EPA must approve all such materials before construction may
,ommence.
• Secure all necessary permits prior to commencement of construction and provide written
documentation of said permits to SMC.
• Complete the impleM-erft.tion. of the SMP� 00f Ot as described in the Scope of Work in
ATTACHMENT A. T
h6.,SMPproJe0t.' shall ,prQc04d accof d-i . -ing to the Project Schedule provided in
ATTACHMENT A.-andl
(04d no, later than December 31, 2010.
• ,E rect a sign pdorfb the beginning of construction and leave said sign in place for a minimum of one
(1),year—or. 4.rnutua It y'ag reeduponaltemafivotime p0q
0,,dftdr struction is completed. The sign
,shall, dckrld !n
wledge%th�` �'vo l vement of SM h
_C.
, t ,
. p1llinois EPA, antl.thia U.S. EPA and identify Section
319 Of the Cle20 Water Act ft oding source for the projoqt 'The sign design shall be approved by
and the 0001S EPA Phof (6, sig n a'h m6facture and ins,1011ati;K
I
•
Develop an operation and maintenance plan specific to the subject BMP(s) and provide copies to
SIVIC and Illinois EPA for approval before the construction of said project. The O&M plan shall include
a description of both the methods and financial means for carrying out the O&M. Maintain as
designed and in accordance with the operation and maintenance procedures for all BMPs for a period
often (10) years from the completed installation of said BMPs.
_C,_0MPEft�_ ATE QN,,
• Illinois EPA Section 319 program funding shall refrpbufse up to MIX# of the total project cost, NOT TO
EXCEED the amount of $22,500 for costs incLITT i '4dQ9 the toft,np e io "A ti n of tasks listed in the Scope
of Work and within the time period outlined in the ka
yedoleg
The recipient shall provide at least 50% of the total project cost, or a minimum of $22,500, as cash
and in-kind cost-share match for costs incurred during the completion of the tasks as defined in the
Scope of Work and within the time period as defined in the Project Schedule.
TERMS AND CONDITIONS
• Take no action to remove, alter or modify the BMPs fora period of ten (10) yearsafter the date of
completion of construction of the BMP, unless prior written authorization is obtained from SIVIC and
the Illinois EPA.
• Refund to SIVIC (or to the Illinois EPA if the Illinois EPA Agreement or its Amendments has expired or
been terminated) the entire amount of the 319 Grant if a BMP project is not properly maintained in
accordance with this Agreement, or if any unauthorized removal, alteration or modification of a BMP
occurs within the ten (10) year period following the project's completion.
• Notify in writing any prospective purchaser or assignee of said property(-ies) herein described, and
provide a copy to SMC, of the obligations and responsibilities agreed to by the Recipient before legal
or equitable title to any portion ofzsaiil propet
y4s transferred. Written authorization from SIVIC shall be
unreasonab y wt , held, as well as execution of a separate agreement with
required, and shall not be" ' ' �1 'th
the prospective purchaser 'or ai,� � �6' ",f
Wgp" ,
ove to operate and maintain the BMP for the remainder
of the original ten (10) year O&M period. In the event an agreement cannot be reached with the
prospective purchaser or assignee, the undersigned shall refund to SIVIC or Illinois EPA, the entire
amount of the 319 Grant.
• Refund to SIVIC all 319 Grant funds received under this Agreement (or to the Illinois EPA if the Illinois
EPA Grant Agreement or its Amendments has expired or been terminated) in the event that this
Agreement is cancelled, or in the event that property subject to this Agreement is transferred without
the new party assuming all obligations of said Agreement.
• SIVIC 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 Recipient must provide
documentation to SIVIC that the consultation process with the Illinois Department of Natural
Resources has been completed.
• All of the above provisions, including the refund provisions, also shall apply to funds, if any, that are
provided for BMP design or implementation to the Recipient by the SIVIC.
• All adjustments, additions and/or deletions to this Agreement and/or the approved design plans are
subject to the written approval of SIVIC and the Illinois EPA.
• This Agreement shall be governed by and construed according to the laws of the State of Illinois,,
0
other agreements, oral or written, between the parties hereto
0
ATTACHMENT A
Village of Buffalo Grove
3190809 -001
Scope of Work
BMPs tc be I = tatted: I IJnits l e:.Ir stall !
e, IM# atetk :St biliZation M, I
Schedule, of Completion
Deliverable Date of Comple sion on or;befo�e
2 copies of the draft design, " - 0 November 30, 2009
Plans and BMP A . lication Form
2 paper copies and 1 electronic copy of January 29, 2010
the final design, O&M l Plans and BMP
Application Form and the executed
landowner agreement
Completion of the installation and December 31, 2010
construction of all BMPs
Submission of photographic prints and ''February 28 2011
slides documenting design
im lernentation_