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2013-17RESOLUTION NO. 2013 - 17 A RESOLUTION APPROVING AN .AMENDMENT TO THE TNTERGOVERNMENT AGREEMENT BETWEEN AND AMONG THE VILLAGE OF ARLINGTON HEIGHTS, VILLAGE OF BUFFALO GROVE, VILLAGE OF LINCOLNSHIRE, VILLAGE OF LONG GROVE, VILLAGE OF PALATINE, VILLAGE OF VERNON HILLS AND VILLAGE OF WHEELING CONCERNING ELECTRIC AGGREGATION WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised jointly with any other unit of local government; and WHEREAS, the Village of Buffalo Grove and Villages of Arlington Heights, Lincolnshire, Long Grove, Palatine, Vernon Hills and Wheeling share a common interest in pursuing an electric aggregation program and pursuing joint action and intergovern mental cooperation for a Joint Power Supply Bid. 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 President and Board of Trustees of the Village of Buffalo Grove support an Amendment to the Intergovernmental Agreement with the Village of Arlington Heights, Village of Lincolnshire, Village orLong Grove, Village of Palatine, Village of Vernon Hills and Village of Wheeling in order to share resources and collaborate together in activities in order to facilitate the sale and purchase of electricity for residential and small business customers. Section 2. The Village President and Village Clerk of the Village of Buffalo Grove are hereby authorized to execute the Intergovernmental Agreement, a copy of which is attached hereto as Exhibit A. Section 3. This Resolution shall be in full force and effect from and after its passage and approval. AYES: 6 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAYES: ABSENT: Approved April 15 2013 Attest: Village_, Clerk AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BY, BETWEEN AND AMONG THE VILLAGE OF ARLINGTON HEIGHTS, VILLAGE OF BUFFALO GROVE, VILLAGE OF LINCOLNSHIRE, VILLAGE OF LONG GROVE, VILLAGE OF PALATINE, VILLAGE OF VERNON HILLS AND VILLAGE OF WHEELING CONCERNING ELECTRIC AGGREGATION THIS AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT (the "Agreement ") is entered into by and between the Village of Arlington Heights ( "Arlington Heights "), the Village of Buffalo Grove ( "Buffalo Grove "), the Village of Lincolnshire ( "Lincolnshire "), the Village of Long Grove ( "Long Grove "), the Village of Palatine ( "Palatine "), the Village of Vernon Hills ( "Vernon Hills ") and the Village of Wheeling ( "Wheeling ") (collectively, the "Parties "). WHEREAS, the Municipalities entered into an Intergovernmental Agreement in February 2012 for the purpose of operating an Electric Aggregation Program; and WHEREAS, it is necessary to amend the Intergovernmental Agreement, NOW THEREFORE, in consideration of the foregoing premises, the mutual covenants and promises herein contained, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties hereby agree to amend the Agreement as follows: SECTION ONE: Section 5, paragraph A of the Agreement is amended by deleting it in its entirety and replacing it with the following new paragraph: A. Official Coordinator. For each term of the Agreement, or as often as is necessary, the Party Representatives shall determine who shall serve as the Official Coordinator for that term. The Party Representatives shall prepare and submit contract documents and bid specifications for their portions of the Joint Power Supply bid and contract to the Official Coordinator. SECTION TWO: Section 5, paragraph E of the Agreement is amended by deleting it in its entirety as replacing it with the following revised paragraph: E. Costs of this Agreement. The Parties agree to participate equally in paying for the Electric Aggregation Program including costs associated with (i) Consultant's costs; (ii) the preparation of solicitation for bids for the Joint Power Supply Bid; and (iii) other actions deemed necessary to effectuate the purpose of this Agreement. Each Party shall receive a detailed invoice identifying the service provided and the date of service. Each Party shall remit payment within thirty (30) days of the receipt of an invoice. Each Party shall budget and appropriate sufficient funds to pay its respective share of said costs. A terminating Party shall remain liable and responsible for paying their share of costs incurred prior to termination. If a Party's referendum fails to pass said Party shall remain liable and responsible for paying their share of costs incurred prior to the referendum. SECTION THREE: Except as modified herein, all other provisions of the Intergovernmental Agreement remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as set forth below. VILLAGE OF ARLINGTON HEIGHTS BY:----------------- Village President VILLAGE OF B f BI) NR 2 e id( VILLAGE OF L,INC UrIM IM OLNSHIRE BY:---------------- Village President VILLAGE OF LONG GROVE BY: ---------------- Village President ATTEST BY:---------------------------- Village Clerk ATTEST By- ----- - - - - -- Village clerk ATTEST BY:------ - - - - -- Village Clerk ATTEST BY:------ - - - - -- Village Clerk 2 VILLAGE OF PALATINE By: ------------------------ Mayor VILLAGE OF VERNON HILLS By:------------------------ Village President VILLAGE OF WHEELING By:---------------- Village President rward.Agreements.Aggregation IGA Amendment ATTEST By:------ - - - - -- Village Clerk ATTEST By. - - - -- Village Clerk ATTEST By:------ - - - - -- Village Clerk 3