2011-234
r
RESOLUTION NO. 2011 23
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE LAKE COUNTY STORMWATER MANAGEMENT COMMISSION
RELATED TO KILDEER CREEK STREAMBANK STABILIZATION
WHEREAS, it would be desirable to implement a streambank stabilization
improvement along Kildeer Creek north of Acacia Terrace; 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 Village of Buffalo
Grove for Kildeer Creek Streambank Stabilization Project ", 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 - Berman, Sussman, Trilling, Terson, Stein, Ottenheimer
NAYES: 0 - None
ABSENT: 0 - None
PASSED: June 6 , 2011
APPROVED: June 6 , 2011
ATTEST:
illage Clerk
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•
E
INTERGOVERNMENTAL AGREEMENT
between the
LAKE COUNTY
STORMWATER MANAGEMENT COMMISSION
and
VILLAGE OF BUFFALO GROVE
for Kildeer Creek Streambank Stabilization Project
VILLAGE 0 ",L: w t7ALO GRC
2011
THIS IS AN AGREEMENT, by and between The LAKE COUNTY STORMWATER
MANAGEMENT COMMISSION, 500 W. Winchester Road, Libertyville, Illinois 60048
(hereinafter called SMC) and the VILLAGE OF BUFFALO GROVE, 51 Raupp Boulevard,
Buffalo Grove, Illinois 60089 (hereinafter called VILLAGE).
PROJECT DESCRIPTION
NAM "yo
.o
The Village of Buffalo Grove (VILLAGE) will restore approximately 200 linear feet of the
Kildeer Creek stream by using several biotechnical approaches. The streambank work will
include the restoration and reconstruction of riffles and limited bank stabilization to reduce the
rate of severe erosion along Kildeer Creek just north of Acacia Terrace. The project location is
shown in Exhibit 1. This work is hereinafter called the PROJECT.
SCOPE OF WORK
If requested, the SMC will provide limited technical assistance to the VILLAGE. This
may include discussion of design methodology, and review of materials and construction
methods as part of the PROJECT.
2. The VILLAGE will hire consultants, contractors, and/or equipment necessary to be used
for design and 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.
WMB Grant funds are not to be used toward permitting fees.
4. Upon completion of the PROJECT, the VILLAGE will submit to the SMC a brief one to
two page project report including before and after photos.
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Page 1
SCHEDULE
The VILLAGE shall submit PROJECT status update to the SMC before July 30, 2011.
The VILLAGE shall complete the work and invoice the SMC by November 30, 2011.
The final request for reimbursement for eligible expenses shall be submitted by the VILLAGE
before November 30, 2011. If necessary, an extension may be requested in writing by the
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 cost of the PROJECT is approximately $30,000.
2. Reimbursements by the SMC shall not exceed 50% of eligible costs incurred after
signing of this Agreement or $15,000, whichever is less.
3. Payment of reimbursable costs shall be due and payable by the SMC after the receipt of a
request for reimbursement (invoice) with attached cost documentation (including in -kind
labor) for the requested amount as well as cost documentation of the local match and
after satisfactory completion of the work. All requests for reimbursement are subject to
approval by the SMC Executive Director.
TERMS AND CONDITIONS
The terms of this Agreement are valid until November 30, 2012.
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 $15,000.
3. All adjustments, additions, and /or deletions to this Agreement, including changes in the
scope of the PROJECT, 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.
5. 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
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Page 2
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
httl�: / %clru <'c�)cCit..�I�tlr'. i•'_.,�.�;�.��,ahlr = -J
6. The VILLAGE will include in any publications for external general circulation
(including brochures, newsletters, website, or presentation materials) the following
phrase: "Funding for this project was provided in part by Lake County Storm water
Management Commission through the Watershed Management Board Grant.
This Agreement supersedes any and all other Agreements, oral or written, between the
parties hereto with respect to the subject matter hereof.
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
MANAGEMENT COMMISSION:
//Z�a 4Z44M4
ichael D. Warner, P.E., CFM
Executive Director
Date:
VILLAGE OF BUFFALO GROVE:
.,�
'/1 F,
Date: June \6 , 2011
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