R-1879 - 05/26/2020 - DU PAGE COUNTY - Resolutions ITEM 6.E.1
BOARD OF TRUSTEES MEETING
VILLAGE or UPPER LEVEL CONFERENCE ROOM
OAK B R� , K BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
May 26, 2020
SUBJECT: An Intergovernmental Agreement between the County of DuPage and the
Village of Oak Brook, for the Oak Brook Bath and Tennis Club Shoreline
Stabilization Project.
FROM: Doug Patchin, Director of Public Works pjo
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move that the Village Board approve Resolution
R-1879, an Intergovernmental Agreement(IGA)between the County of DuPage and the
Village of Oak Brook for the Oak Brook Bath and Tennis Club Shoreline Stabilization
Project.
Background/History: In September, 2019 the Village received the Open Space Land Acquisition
and Development Grant, (OSLAD) grant in the amount of$279,600. The OSLAD Grant is offered
by the Illinois Department of Natural Resources (IDNR), this grant is for open space
improvements on the Sports Core Property by the Bath and Tennis Club. The areas for these
improvements are located on the north and west side of the Bath and Tennis pond. Construction
and restoration work would limit future construction access to the pond for the shoreline
stabilization work.
In 2019 the Village applied for additional grants from the IEPA and DuPage County Storm Water
Management, for the Bath and Tennis Shoreline Stabilization, estimated at$162,150. In March
2020, the Village received a grant totaling $40,538 from DuPage County for the Shoreline
Stabilization, unfortunately we did not receive the grant from the IEPA.
To receive both the OSLAD Grant and the DuPage County Grant these projects must be
completed by September 2021.
Recommendation: That the Village Board approve Resolution R-1879, an Intergovernmental
Agreement (IGA)between the County of DuPage and the Village of Oak Brook for the Oak
Brook Bath and Tennis Club Shoreline Stabilization Project.
;?G
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
RESOLUTION
NUMBER 2020-PW-IGA-B&T-R-1879
A RESOLUTION
APPROVING AND AUTHROIZING
AN INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND
THE COUNTY OF DUPAGE FOR
THE OAK BROOK BATH AND TENNIS CLUB
SHORELINE STABILIZATION PROJECT
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
JOHN BAAR
PHILIP CUEVAS
MICHAEL MANZO
MOIN SAWED
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak Brook
on this the 26th day of May, 2020
RESOLUTION 2020-PW-IGA-B&T-R-1879
A RESOLUTION
APPROVING AND AUTHROIZING
AN INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND
THE COUNTY OF DUPAGE FOR
THE OAK BROOK BATH AND TENNIS CLUB
SHORELINE STABILIZATION PROJECT
WHEREAS,the Village of Oak Brook is a municipal corporation with authority provided for
and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain
functions pertaining to its local government and affairs;
WHEREAS,the Village of Oak Brook(hereinafter referred to as"Village")upon approval
of the corporate authorities may enter into an Agreement with another party pursuant to Illinois
Statute;
WHEREAS,Article VII,Section 10 of the Illinois Constitution of 1970 authorizes units of
local government,including municipalities,to contract to exercise,combine or transfer any power
or function not prohibited to them by law or ordinance;
WHEREAS,the"Intergovernmental Cooperation Act'(5 ILCS 220/1 et seq.)authorizes
units of local government to exercise jointly with any public agency of the State,including other
units of local government,any power,privilege or authority which may be exercised by a unit of
local government individually, and to enter into contracts for the performance of governmental
services,activities and undertakings;
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 and enjoyed jointly with any other unit of local government;
WHEREAS,Section 5 of the"Intergovernmental Cooperation Act',51LCS 220/5,provides
that any one or more public agencies may contract with any one or more public agencies to
perform any governmental service, activity or undertaking which any of the public agencies
entering into the contract is authorized by law to perform, provided that such contract shall be
authorized by the governing body of each party to the contract;
WHEREAS,the parties hereto are units of local government as defined by the Constitution
of the State of Illinois,1970,Article VII,Section 10,and the Intergovernmental Cooperation Act;
WHEREAS,the Village of Oak Brook previously applied for various grants for the project
commonly referred to as the Oak Brook Bath and Tennis Club Shoreline Stabilization Project
(hereinafter referred to as the'Project');
WHEREAS, as a result of the submitted grant applications, the Village was awarded
funding from several governmental agencies, including funds allocated from the Illinois
Department of Natural Resources pursuant to the Open Space and Land Acquisition and
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Development Grant(hereinafter referred to as"OSLAD")and funds allocated from a grant issued
by the DuPage County Strom Water Management;
WHEREAS, in order for the aforementioned agencies to issuing funding for the Project
described herein the Village must complete said Project by September,2021;
WHEREAS, the Parties desire to enter into an agreement outlining and defining their
respective roles in relation to the completion of the Project and the related funding of the costs
associated therewith;and
WHEREAS,the Village of Oak Brook Corporate Authorities are of the opinion that it is in
the best interests of the Village of Oak Brook to enter into the attached Intergovernmental
Agreement for the purposes referenced herein.
NOW,THEREFORE,BE IT RESOLVED by the Village President and Board of Trustees
of the Village of Oak Brook,DuPage and Cook Counties,Illinois as follows:
Section One—Recitals
The Corporate Authorities hereby find that all of the recitals hereinbefore stated as
contained in the preamble to this Resolution are full,true and correct and do hereby,by reference,
incorporate and make them part of this Resolution as legislative findings.
Section Two—Approval of Intergovernmental Agreement
The Corporate Authorities hereby approves the Intergovernmental Agreement,
substantially in the form attached hereto and made a part hereof collectively as Exhibit A,
(hereinafter referred to as the "Agreement') which authorize the construction of the project
generally referred to as the Oak Brook Bath and Tennis Club Shoreline Stabilization Project.
Section Three—Authorization and Direction
The Village President is hereby authorized to execute, and the Village Clerk is hereby
authorized to attest the Agreement,substantially in the form of such agreement attached hereto
as Exhibit A,with such changes therein as shall be approved by the Village Attorney and the
officials of the Village executing the same,their execution thereof to constitute exclusive evidence
of their approval to any and all changes or revisions therein from and after the execution and
delivery of such Agreements.
Section Four-Other Actions Authorized
The officers, employees and/or agents of the Village shall take all actions necessary or
reasonably required to carry out and give effect to the intent of this resolution and otherwise to
consummate the transactions contemplated herein, and shall take all actions necessary in
conformity therewith including, without limitation, the execution and delivery of all documents
required to be delivered in connection with the transaction contemplated herein.
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Section Five-Authorization of Expenditures
The Corporate Authorities hereby authorize and direct the expenditure of all costs related
to the execution of the Agreement,additionally,the Village is authorized and directed to allocate
and spend all necessary funds to fulfill the requirements of the agreements and of this resolution.
Section Seven-Acts of Village Officials
That all past,present and future acts and doings of the officials of the Village that are in
conformity with the purpose and intent of this resolution are hereby, in all respects, ratified,
approved,authorized and confirmed.
Section Eight—Effective Date
This resolution shall be in full force and effect from and after its passage, approval and
publication as provided by law.
Section Nine-Publication
This resolution shall be published in book or pamphlet form as provided by the Illinois
Municipal Code.
Section Ten—Conflict Clause
All resolutions,parts of resolutions or board actions in conflict herewith are hereby repealed
to the extent of such conflict.
Section Eleven—Saving Clause
If any section,paragraph,clause or provision of this resolution is declared by a court of
law to be invalid or unconstitutional,the invalidity or unconstitutionality thereof shall not affect the
validity of any other provisions of this resolution,which are hereby declared to be separable.
Section Twelve—Recording
This resolution shall be entered into the minutes and upon the journals of the Board of
Trustees of the Village of Oak Brook.
(remainder of this page has been intentionally left blank)
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APPROVED THIS 26th day of May,2020
l
Gopa .Lalmalani
Village President
PASSED THIS 26th day of May,2020
Ayes: Trustees Baar,Cuevas,Manzo,Saiyed,Tiesenga,Yusuf
Nays: None
Absent: None
ATTEST:
QGE OF Oq,,
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j Charlotte K.
!� ® Village Clerk
o y
` 9CecDONi'(
5
Exhibit A
Intergovernmental Agreement
6
REVIEW OF CONTRACTS
AwardinAgency: Tof Contract:
Depart11 ment: ProyM Number:
Awarded Contract Price: Amount:
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Under$20,000 0 $500,001 •$1,000,000
O :20,000 :500,000
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Three(3)Originals signed by other party Date/Initials
[] Original provided to staff member for other party Date/initials
Q Original provided to Ofncial FilesI
Date/tnitlals
_--- %r'%W of 00$rook I Approved by Board of Trustees.Date/Inabb: