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R-1527 - 01/26/2016 - IGA AGREEMENT - Resolutions Supporting Documents ITEM 9.A.2) BOARD OF TRUSTEES MEETING VILLAGE OF SAMUEL E. DEAN BOARD ROOM OAK B R 2 K � BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of January 26, 2016 SUBJECT: Intergovermental Agreement with Flagg Creek Water Reclamation District FROM: Doug Patchin, Public Works Director ". Yv BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move that the Village Board approve the First Amended Intergovermental Agreement Between the Village of Oak Brook and Flagg Creek Water Reclamation District For The Shut Off of Water Service Backizround/Historv: In 2007 an Intergovernmental Agreement between the Village of Oak Brook and Flagg Creek Water Reclamation District was signed. The agreement stated the Village would shut off water service for non-payment of sanitary sewer bills to Flagg Creek(for sewer bills delinquent by thirty (30) days or more). This is the First Amendment to this agreement; the changes are for adjustment of fees the village now charges for water service shut off and turn on. The Village attorney has reviewed the attached First Amended Intergovernmental Agreement. Recommendation: I recommend that the Village Board approve this First Amended Intergovernmental Agreement. BOT AGENDA Page 1 RESOLUTION 2016-WA-FCWRD-IGA-R-1527 A RESOLUTION APPROVING AND AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE AND FLAGG CREEK WATER RECLAMATION DISTRICT FOR THE SHUT OFF OF WATER SERVICE WHEREAS, on December 20, 2007, the Village and Flagg Creek Water Reclamation District ("Flagg Creek'j entered into an intergovernmental agreement ("Agreement'l for the Village to assist Flagg Creek to shut off water to customers that fail to pay for sewer services in exchange for the reimbursement of the Village's costs; and WHEREAS, the Flagg Creek and the Village desire to amend the Agreement to: (i) extend the term of the Agreement for one year, which term shall automatically extend unless terminated by either party; and (ii) increase the amounts that Flagg Creek must reimburse the Village for the Village's assistance; and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to amend the Agreement pursuant to the Amendment attached hereto as Exhibit A ("Amendment'j; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of Amendment. The President and Board of Trustees hereby approve the Amendment in substantially the same form as attached as Exhibit A, and in a final form approved by the Village Attorney. Section 3: Authorization and Execution of Amendment. The Village Manager and Village Clerk shall be, and hereby are, authorized to execute the Amendment between the Village and Flagg Creek after receipt of the final Amendment fully executed by Flagg Creek. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2016--WA-FCWRD-IGA-R-1527 Authorizing Flagg Creek Water Shut Off Agreement Page 2 of 3 APPROVED THIS 26th day of January, 2016 Gopal G. Lalmalani Village President PASSED THIS 26th day of January, 2016 Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Resolution 2016--WA-FCWRD-IGA-R-1527 Authorizing Flagg Creek Water Shut Off Agreement Page 3of3 EXHIBIT A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK AND THE FLAGG CREEK WATER RECLAMATION DISTRICT FOR THE SHUT OFF OF WATER SERVICE THIS FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK AND THE FLAGG CREEK WATER RECLAMATION DISTRICT FOR THE SHUT OFF OF WATER SERVICE ("Amendment") is made as of this day of , 2016, by and between THE FLAGG CREEK WATER RECLAMATION DISTRICT ("District"), and the VILLAGE OF OAK BROOK, ILLINOIS ("Village"). RECITALS WHEREAS, the District and the Village entered into a certain Intergovernmental Agreement Between the Village of Oak Brook and the Flagg Creek Water Reclamation District for the Shut Off of Water Service dated December 20, 2007 ("Agreement"), pursuant to which, the Village agreed to assist the District by shutting of water to customer of the District that fail to pay for sewer services in exchange for reimbursement of the Village's costs for shutting off the water; WHEREAS, the Parties now desire to extend the Agreement pursuant to the terms of this Amendment; and WHEREAS,the Parties also desire to alte r the fees the Village may charge the District to be consistent with the fees set in the "Village Code of the Village of Oak Brook, Illinois," as amended; NOW THEREFORE, in consideration of the recitals set forth above and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Construction. Capitalized terms used herein but not otherwise defined shall have the meaning ascribed to such terms in the Agreement. 2. Extension of Term. The term of the Agreement is hereby extended for a period of one year from the date of execution of this Amendment ("Extension Term"), which Extension Term shall automatically be extended unless terminated pursuant to Section 3 of this Amendment. 3. Termination. Either Party may terminate the Agreement at any time upon 15 days prior written notice to the other Party. In the event that this Agreement is so terminated, the District shall pay any amounts owed to the Village no later than 30 days after termination. 4. Reimbursement for Shut Off Water Service. Section 4.0 of the Agreement is replaced in its entirety with the following: "In addition to any other fees or compensation provided for in this Agreement to be paid by the DISTRICT to the VILLAGE, the DISTRICT shall reimburse the VILLAGE for those costs of the shut off and the resumption of water service by paying the Village the rates set forth in the "Village Code of the Village of Oak Brook, Illinois" as may be amended from time to time in the Village's sole discretion. The Parties acknowledge and agree that on the execution date of this Amendment, the charge is $50.00, if water service is resumed on a normal business day between the hours of 7:00 a.m. and 3:30 p.m., and $85.00 if water service is resumed at any time other than on a normal business day between the hours of 7:00 a.m. and 3:30 p.m. The VILLAGE understands that Illinois statutory law provides that it may be reimbursed for any lost water service revenues resulting from the water shut off. The VILLAGE waives any and all rights it may have to reimbursement for such lost water service revenues at this time. However, upon fourteen (14) days prior written notice by the VILLAGE to the DISTRICT, the VILLAGE may require the DISTRICT to reimburse it from any lost water service revenues occurring after the date of the notice." 5. Inconsistencies. In the event of inconsistencies between the Agreement and this Amendment,this Amendment shall control. IN WITNESS WHEREOF, the District and the Village have respectively executed this Amendment to be effective as of the date first above written. ATTEST: VILLAGE OF OAK BROOK By: By: Its: Village Clerk Its: Village Manager ATTEST: THE FLAGG CREEK WATER RECLAMATION DISTRICT By: By: Its: Its: / 1 REVIEW OF CONTRACTS Awarding Agency: Type of Contract: Department: Program/Account Number: Awarded Contract Price: Budgeted Amount: Q CONTRACT AMOUNT Under $20,000 [] $500,001 - $10000,000 [] $20,000 - $500,000 [] Over $1,000,000 NOTES , a.k V r� i an a +ior,, LA eLt �.r GI p.m el�'� ✓L t Sal 1�- f I f DEPART rhm ENT D CTOR SIGNATURE i Name: Date; j INITIAL R VIEWING ATTORNEY SIGNATURE 1 Name: (� 1 �• Date: APPRO V�LLA E PRESIDENT/VILLAGE MANAGE Name: Date: (� f ! FINAL REVIEW AS O FORM ATTORNEY SIGNATURE F Name: Date: F-1 Three (3) Originals signed by other party Date/Initials 0 Original provided to staff member for other party Date/Initials ? [] Original provided to Official Files Date/Initials ,.------ r J� Village of 0alc Brook I Approved by Board of Trustees- Date/Initials: