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IGA Northern IL Municipal Gas Franchise Consortium 01-01-2010 Exocution Copy AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM Entered Into By Various Illinois Municipalities as of January 15 2010 Execution Copy AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM THIS INTERGOVERNMENTAL AGREEMENT is made and entered into as of January 1, 2010, (the "Effective Date") by each of the Illinois home rule and non home rule municipalities that (i) have executed a signature page confirming that they are parties to this Agreement as of the Effective Date and (ii) have paid the initial $500 contribution required under Paragraph 5.A.3 of this Agreement (individually the "Parties" and collectively the "Consortium," with each Party automatically a "Member"of the Consortium only for so long as the Member is a Party to this Agreement): W1TNESSETH: WHEREAS, Illinois municipalities make natural gas and related facilities and utilities available to the residents, businesses, and land owners within their respective corporate boundaries by granting franchises to natural gas utilities; and WHEREAS, natural gas franchise agreements provide the terms and conditions under which gas utility companies may utilize public rights-of-way in the provision of natural gas; and WHEREAS, natural gas franchise agreements ordinarily have lengthy terms of years and contain numerous important fiscal and regulatory requirernents regarding, for example, rights-of-way standards, municipal compensation, customer service standards, equipment maintenance and capital commitments, and emergency response and preparedness; an WHEREAS, the terms of many existing natural gas franchise agreements for many Illinois municipalities have expired or will expire in the near future; and WHEREAS, new natural gas franchise agreements should include modern provisions and protections for Illinois municipalities and their constituents and significant energy efficiency provisions that require not only levels of efficiencies on the part of the utilities, but also energy audits and other conservation-related services from utilities; and WHEREAS, the Parties have individually and collectively determined that it is appropriate and in each of their best interests to jointly develop and negotiate a model franchise agreement for natural gas utilities; and WHEREAS, to achieve these and other related objectives, the Parties desire to utilize the powers and authority granted to them under Article VII, Section � and Resource Managerment Planning Act Oo11_CS 805/11 Cooperation Action, 5 ILCS 220/1 et seq.; the et seq.; and other applicable authority, including without limitation the home rule powers of various Consortium Members; and WHEREAS, after full consideration of all planning, fiscal, and other intergovernmental issues effecting this matter, each of the Parties has determined that it is in the best interests of its residents and the general public welfare that this Agreement be executed and implemented by all of the Parties; and WHEREAS, each of the initial Parties to this Agreement (the "Founding Parties") has approved this Agreement by an ordinance or resolution duly adopted by the Party's corporate authorities, which approval is evidenced by the signature page of the Party attached to this Agreement; ExeCUtion Copy NOW, THEREFORE, for and ar�d r ocialtro ordinances noteld and the Parties enter unto the and pursuant to all applicable statutes following: SECTION 1. RECITALS The foregoing recitals are, by this reference, incorporated into and made a part of this Agreement. SECTION 2. PURPOSE This Agreement is made for the purpose of establishing the Northern Illinois Municipal Natural Gas Franchise Consortium and endowing it with all of the authority, powers, and resources necessary and convenient to allow the Parties jointly to most effectively and efficiently address common and necessary issues related to the establishment of a model franchise agreement for natural gas utilities. This Agreement is further intended to allow the Parties to jointly seek any available local, state, and federal funds and other resources to assist in addressing the natural gas utility issues identified by the Parties as necessary, and being appropriate for, the joint action of the Parties. SECTION 3. ESTABLISHMENT AND ORGANIZATION A. Formation of Consortium. By this Agreement, the Parties establish manner So rth r n in this Municipal Natural Gas Franchise Consortium. The Consortium shall a i Agreement in furtherance of the preparation and negotiation of a model natural gas utility franchise agreement. B. Membership and Member Representatives, Each Party is a Member of the Consortium. As such, each Party must designate as its representative coont�t�e Consortium administrator Voft�er'sRd�y authorized either (i) the Member's chief administrative then the Member's mayor or representative or (ii) if the Member does not have a chief administrative officer, president or the mayor's or president's duly authorized and actions only pursuant Ea to actiobed Representative y authorized by the! operate and act with respect to Consortium affairs Member Representative's corporate authorities. C. Steering Committee GoverReeresentatives Consortium f om the Parties as determined puprsuantdto by a this Steering Committee comprised of Member p Subsection. 1. Councils of Government. The municipalities that are Parties to this Agreement are members of various councils of government cooperation atestablished, onr among their respect members. The The Illinois law to provide joint planning and intergovernmental councils of government represented by the Members of the Consortium are listed in Exhibit A to this Agreement ("Consortium COGS''). 2. Selection of Steering Committee Members. (a) COG Appointments. Each Consortium COG will appoint from among its length of municipalities Consortium Members to serve on the discretion oft he appoinApgoConsort um to, COGth Only COG service on, the Steering committee will be at the members that are Parties to this Agreement may have a Member Representative sit on the Steering Committee. -2- Execution Copy (b) Allotment of Appointments. The number of Steering Committee appointments for each Consortium COG will be based on the number of members of a COG that are Parties to this Agreement. A COG with 10 or fewer Parties to this Agreement will have one appointment to the Steering Committee; a COG with at least 11 but no more than 20 Parties to this Agreement will have two appointments to the Steering Committee; and a COG with more than 20 Parties to this Agreement will have three appointments to the Steering Committee. A Party will be counted in the total for each Consortium COG of which that Party is a member. (c) Initial Steering Committee Composition and Roster. Based on the Founding Parties, the Steering Committee will initially have sixteen (16) members. The specific composition of the Committee and the distribution of its members and appointments among the Consortium COGs is set forth in Exhibit B to this Agreement ("Steering committee Rostee'). (d) Adjustments. On a yearly basis, the "Administrator" (as set forth in Paragraph 3(f) of this Section) shall monitor COG member participation in the Consortium and shall make adjustments to the Steering Committee membership as necessary to ensure compliance with this Subsection. The Administrator will distribute to all Consortium Members any amended Steering Committee Roster. Amended Steering Committee Rosters will be deemed to replace automatically the Steering Committee Roster attached to this Agreement as of the Effective Date and any subsequent amended Roster, as the case may be, without the need for an amendment to this Agreement. (e) Replacements. If a Member designated to appoint a Member Representative to the Steering Committee does not name l Representative hf� rt calendar days re designation, the Member s COG shall immediately appoint anotherofsMemberto name aMembe Representative to serve on the Steering Committee. 3, Steering Committee Responsibilities. The Steering Committee is responsible for the following matters: (a) Consortium Operations. 'The Steering Committee is responsible for all Consortium operations, management, and activities, including without limitation establishing the contribution amounts to be paid by Consortium members in order to maintain membership in the Consortium, as further provided in Section 5 of this Agreement. (b) Draft Franchise Agreement. The Steering Committee will provide for the preparation of a draft model natural gas franchise agreement (the "Draft Franchise Agreement') that will be used in negotiation with natural gas utility companies that serve Consortium members (the "Gas Utilities"). The Steering Committee is authorized to establish a drafting committee and other subcommittees as it deems necessary to prepare the Draft Franchise Agreement. (c) Negotiation of Franchise Agreement. After preparation of the Draft Franchise Agreement and concurrence of the Consortium, the Steering Committee will undertake negotiations with the Gas Utilities. The Steering Committee r undertake eg tiat ongs forta negotiating committee mordel franchise agreement for natural deems necessary to prepare f gas (a"Final Franchise Agreement'). (d) Communications. The principal goals of the Consortium are preparation of a Draft Franchise Agreement and negotiation of a Final Franchise Agreement that is acceptable to the greatest number of the Members as possible. Accordingly, in preparing the Draft Franchise Agreement and negotiating the Final Franchise Agreement, the Steering Committee shall advise and consult with Member Representatives from time to time regarding procedural, substantive, and strategic issues in a continuing effort to achieve these goals. -3- Execution Copy (e) Appointed Counsel. 'rile Steering Committee shall retain legal counsel to represent the interests of the Consortium in the preparation of this Agreement, the preparation of the Draft Franchise Agreement, and the preparation and negotiation of the f=inal Franchise Agreement. (f) Consortium Administrator. The Steering Committee shall select a person or agency to administer the business affairs of the Consortium and to undertake such other activities as assigned by the Steering Committee (the "Administratoe). The Administrator will not be paid a fee for services, but the Steering Committee may reimburse the Administrator for reasonable and appropriate costs and expenses, including without limitation administrative overhead costs. The Administrator is specifically responsible for, among other things (1) overseeing the finances of the Consortium, (ii) compiling and maintaining cost and expenditure information regarding Consortium activities, and (iii) making recommendations to the Steering Committee on Consortium costs and expenditures and on establishing required contribution amounts from the Members as further set forth in Section 5 of this Agreement. The Administrator, in consultation with the Steering Committee, also is responsible for preparing periodic status reports not less than once every two (2) months, which reports will include the status of all drafting and negotiations and a financial report including all expenditures from the Consortium Fund established pursuant to Section 5 of this Agreement. The Members approve the selection of the DuPage Mayors and Managers Conference and its executive director Mark Baloga as the Administrator as of the Effective Date. 4. Officers. (a) Chairperson. Steering Committee Member Representatives shall choose from g themselves a Member amon Representative to serve as Chairperson of the Steering Committee. The Chairperson will preside at all meetings of the Steering Committee and will perform all other duties as may be prescribed by the Steering Committee. (b) Vice Chairperson. Steering Committee Member Representatives shall choose from among themselves a Member Representative to serve as Vice Chairperson of the Steering Committee. The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson at any Steering Committee meeting and the Vice Chairperson shall have and be assigned the additional powers and duties as the Steering Committee may prescribe. (c) Secretary. The Administrator shall serve as Secretary of the Steering Committee, responsible for taking and keeping the minutes of all Steering Committee meetings and for undertaking any additional powers and duties as the Steering Committee may prescribe. 5. Steering Meetings and Notices. The Steering Committee will meet periodically at times and places determined by the Steering Committee. A majority of the then-current Steering Committee Members will be necessary to establish a quorum. All Member Representatives may attend all meetings of the Steering Committee and provide comments. Unless otherwise determined by the Steering Committee, all meetings of the Steering Committee shall be kept confidential. The Steering Committee will provide notice of its meetings to each Consortium Member as far in advance of the meeting as practicable, preferably at least seven (7) calendar days, except when a time-sensitive matter demands attention sooner. Notices will include, at a minimum, the time and place of the meeting and a description of the topics to be covered at the meeting. 6. Full Consortium Meetings. in addition to Steering Committee meetings, the Steering Committee will schedule and hold, at a minimum, two (2) meetings of the Member Representatives from all Consortium Members, one of which will be to review and obtain the concurrence of the Consortium on the terms and conditions of the Draft Franchise Agreement. One third of the then-current Members of the Consortium will be necessary to establish a quorum for Consortium meetings. As it deems necessary, the Steering Committee will schedule additional meetings as negotiations are undertaken with the Gas Utilities and as the Final Franchise Agreement is prepared and finalized. The Steering Committee will provide notice to each Consortium Member of all full meetings of the Consortium as far in advance of the meeting as -4- Execution Copy practicable, preferably at least seven (7) calendar days, except when a time-sensitive matter dernands attention sooner. Notices will include, at a minimum, the time and place of the meeting and a description of the topics to be covered at the meeting. The Chairperson of the Steering Committee, or in the Chairperson's absence, the Vice Chairperson of the Steering Committee, shall preside at all full Consortium meetings. The Administrator will take and keep the minutes of all full Consortium meetings. 7. Telephone Meeting Participation. Members may participate in Steering Committee meetings and in full Consortium meetings by telephone. The Steering Committee and the Administrator will establish appropriate rules and procedures to govern telephonic participation in these meetings. Participation by telephone shall constitute the presence of a Member at the meeting for purposes of establishing a quorum. D. Additional Members. The Steering Committee may accept additional municipalities as parties to this Agreement and as Members of the Consortium ("New Members'') provided that a prospective New Member, prior to acceptance (1) must pay to the Consortium the full amount of the contributions assessed pursuant to Paragraph 5.A.3 of this Agreement as of the date of acceptance and (2) must properly approve and execute this Agreement and deliver the fully-executed signature page to the Administrator. E. Duration of Commission. The Consortium will remain in place unless dissolved and terminated as provided in Subsection 6.D of this Agreement. SECTION 4. GENERAL COOPERATION The Members agree to cooperate with each other in furtherance of the purposes, goals, and objectives of the Consortium. Cooperation required by this Agreement specifically includes,als but without to imitation, the sharing and joint use by and among the Members of information and other m possessed by the Members, either individually or collectively, and necessary to investigate, identify, and otherwise document matters relevant to the preparation and negotiation of the DrFranchise Agreement or promote andd e Final Franchise Agreement and to otherwise provide information and documents Y the purposes and objectives of the Consortium as provided in this Agreement. SECTION 5. REVENUES AND EXPENSES A. Franchise Fund. 1. Establishment and Administration. The Consortium shall create and maintain a fund (the "Franchise Fund') to pay the costs and expenses incurred or to be incurred by the Consortium (the "Shared Gostg'). The Franchise Fund will be administered by the Administrator as set forth in this Agreement and as determined by the Steering Committee. 2. Shared Costs. Shared Costs include only costs incurred directly by the Consortium for the common purposes of the Members as set forth in this Agreement. Shared Costs include, without limitation, attorney's fees and costs for the Appointed Counsel, extraordinary out-of-pocket expenses incurred by the Consortium in preparing the Draft Franchise Agreement and in preparing and negotiating the Final Franchise Agreement, the Administrator's costs and expenses, and any other professional services determined by the Steering Committee to be necessary for the Consortium to meet its objectives as provided in this Agreement. As specifically determined by the Steering Committee, Shared Costs may also include extraordinary expenses incurred by a Consortium COG in furtherance of the purposes, goals, and intent of this Agreement and the Consortium. The Members agree to use their staffs and resources, including the Member Representatives, at no cost to the Consortium for joint projects or actions undertaken by or on behalf of the Consortium. Shared Costs specifically, but without limitation, do not include (a) fees and costs of attorneys other than the Appointed Counsel and (b) salaries or other compensation paid to employees or agents of a Member. The service to the Consortium of a Member and the Member's Representative is not a Shared Cost as a general matter, the -5- Execution Copy Members expecting and intending that each Member will contribute to the operation of the Consortium at its own expense except as otherwise specifically approved in advance by the Steering Committee. 3 Funding the Franchise Fund. The Franchise Fund will be funded by contributions from the Members as determined from time to time by the Steering Committee on the recommendation of the Administrator. The Steering Committee will set contribution amounts only to the extent reasonably necessary to pay Shared Costs. The contribution required from each Member as of the Effective Date is a nonrefundable five hundred dollars ($500.00) (the "Initial Contribution"). As Consortium operations proceed the Steering Committee, through the Administrator, will provide notice and direction to all Consortium members of additional contribution amounts necessary to fund the Franchise Fund in order to pay Shared Costs (the "Additional Contribution'). Additional Contributions may be equal among the Members or may be on a pro rata basis based on Member populations or other factors as determined by the Steering Committee. For the purpose of permitting voluntary withdrawal from the Consortium under Subsections 6.13 and 6.0 of this Agreement without liability for an Additional Contribution,s a#tArddiittio notice required Contribution o by this ot be binding a voluntarily withdrawing Member until thirty (30) calendar day 4. Contributions Non-Refundable. No contribution to the Franchise Fund is refundable, regardless of a Member's withdrawal or expulsion or any other ciill be tan but Any f provided n Paragraph Franchise Fund at the time of dissolution of the Franchise Fund w 5.A.5 of this Agreement. 5. Franchise Fund Dissolution; Distribution of Remaining Funds. The Franchise Fund must remain in place until all monetary obligations of the Consortium have been fulfilled and no future obligations are anticipated. After all monetary obligations have been fulfilled and when no future obligations are tee shall dissolve the Franchise Fund. All money remaining in the Franchise Steering Commit e anticipated, the St g Fund at the time of its dissolution will be distributed only to the Members as of the date of the dissolution (t "Final Members"). Distributions will not necessarily be equal among the Final Members, but may be based, to the extent practicable and in the discretion of the Steering Committee, on Additional Contributions made by the Final Members or other factors. B. Official Payee• e Consortium tiium purdocumentation antto thi Agreement,receipt tthe all funds and other Mayors and Manager's obtained by or on behalf of th Conference will serve as the official payee for the Consortium. SECTION 6. EXPULSION; WITHDRAWAL A. Automatic Expulsion for Breach. If a Member does not (1) pay a contribution as provided in Section 5 of this Agreement within the time provided by the Steering Committee for payment; or (2) commits a significant violation of a provision of this Agreement as determined by the Steering Committee, then that Member is in breach of this Agreement. if the breach is not cured within fourteen (14) calendar days after notice from the Administrator, or within such additional time granted by the Steering Committee in advance of the expiration of the fourteen (14) calendar day actolnneequ�required by the b remainin g Consortium Steering automatically and without any vote Committee, or the Administrator. B. Voluntary Withdrawal. Any Member may voluntarily withdraw as a Member by delivering to the Administrator, not later than twenty-one (21) calendar days before the intended effective date of withdrawal, a certified copy of an ordinance or resolution of that Member's corporate authorities declaring the Member's withdrawal from the Consortium as of a date certain set forth in the ordinance or resolution. C. Required Terms of Expulsion or Withdrawal. Any Member that has been expelled or that is withdrawing (1) must pay in full all Additional Contributions to the Franchise Fund approved and binding under Paragraph 5.A.3. of this Agreement, (2) is not entitled to any refund of any money from the Franchise Fund at _g_ Execution Copy any time, and (3) must continue to keep all business of the Consortium confidential to the fullest extent permitted by law. The provisions of this Subsection C survive, and are enforceable against a Member after, expulsion or withdrawal D. Dissolution of the Consortium. The Consortium will be declared dissolved (1) upon the written notice executed by no less than two-thirds of the then-current Members, or (2) as otherwise determined by the Steering Committee. SECTION 7. COMPLIANCE The Consortium and each Member must, and hereby agrees to, comply with all federal, State of Illinois, and municipal laws, ordinances, rules, regulations, and orders, and the rules, regulations, and orders of all duly constituted governmental agencies and authorities now in force or that may hereafter be in force. SECTION 8. GENERAL PROVISIONS A. Notices. All notices and other materials required to be delivered to the Consortium must be delivered to the Administrator. All notices and other materials required to be delivered to the Members must be delivered to the Member Representatives. All notices provided or required under this Agreement will be delivered using e-mail, to the e-mail addresses provided to the Consortium by each Member. It is the responsibility of each Member Representative to ensure that the Administrator has the correct e-mail address for the Member Representative. The Administrator will provide a service list for notices on a periodic basis, updated as necessary with current Member Representatives and their e-mail addresses. B. Entire Agreement. There are no representations, covenants, promises, or obligations not contained in this Agreement that form any part of this Agreement or on which any Party is relying in entering into this Agreement. C. Severability. If any provision of this Agreement is construed or held to be void, invalid, or unenforceable in any respect, then the remaining provisions of this Agreement will not be affected thereby but will remain in full force and effect until and only if determined otherwise by the Steering Committee. D. Interpretation. it is the express intent of the Parties that this Agreement will be construed, interpreted, and applied so as to preserve its validity and enforceability as a whole. In case of any conflict among provisions of this Agreement, the provision that best promotes and reflects the intent of the Parties will control. E. Amendments and Modifications. This Agreement may be modified, changed, altered, or amended only with the duly authorized and written consent of three-fourths of the then-current Members by their corporate authorities and pursuant to ordinances or resolutions duly adopted and approved by the Members' corporate authorities. No amendment or modification to this Agreement will be effective until it is reduced to writing and approved by the corporate authorities of three-fourths of the then-current Members and properly executed in accordance with all applicable statutory procedures. F. Authority to Execute. Each Party hereby warrants and represents to each other Party and to the i Consortium that the person executing this Agreement on its behalf has been properly authorized to do so by the corporate authorities of the Party. G. No Third Party Beneficiaries. This Agreement does not create any rights or interests in any third party and no provision of this Agreement may be interpreted, construed, or applied to create any such right or interest. -7- 1112!09 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: 4; P& Signature of Member Representative: Printed Name of Member Representative: 2u 515 Title of Member Representative: E�Mail Address of Member Representative: [ADDITIONAL" EXECUTION PAGES ATTACHED) -9- -.._......... 1't/2(09 H. Execution, This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. ja.vn c.s u rke.ene I r Name of Member: f a _ a� ��-�►nock.�1 Signature of Member Representative: Printed Name of Member Representative' 7__ Title of Member Representative: —y–Li/ eL P--f E-Mail Address of Member Representative: m c u 1 [ADDITIONAL EXECUTION PACES ATTACHED] r -9- H. Execution. 'This Agreement may be execrated by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: _ 14 t'��'•� �� ti�".. r � Signature of Member Representative: - Printed Name of Member Representative: u F Title of Member Representative: u �it lJ.lt7j'IC� 1 ,� �' w E-Mail Address of Member Representative: (ADDITIONAL. EXECUTION PAGES ATTACHED] I i �g� T112109 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective bate. Name of Member: r Signature of Member Representative: , Printed Name of Member Representative: "Title of Member Representative: /Yl� E-Mail Address of Member Representative: i � e e�'•2� [ADDITIONAL EXECUTION PAGES ATTACHED] I -9- H. Execution. This Agreement li duplicates taker) together togetherdconstitute by the Parties in fi one Agreement.1 orignal duplicates, and all of the exec uted p IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this rage as of the Effective Date. Name of Member: Village of Bloomingdale �r Signature of Member Representative: Printed Name of Member Representati B ara E.Weber Title of Member Representative: A�s��is!ant V Rage AdnniniAtrator _ EMMaiI Address of Member Representative: weberb(cr�vil bloomingdale.il.us [ADDITIONAL EXECUTION PAGES ATTACHED] 1112109 -H. Execution. This Agreement may be executed by the fatties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duty authorized- representative of each Member has. executed this Agreement by signing this Page as of the Effective Date. Name of Member: Villacie of Burlin ton Signature of Member Representative: Printed Name of Member Representative: Kathy M. Loos Title of Member Representative: Village President E-Mail Address of Member Representative: burl ingtonpres(a)-msn.com E-Mail Address of Member Clerk please send e-mail copy to burlingtonclerk(&sbcglobal.net [ADDITIONAL.. EXECUTION PAGES ATTACHED] I i _s- RU ! L 11!2/09 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Signature of Member Representative: Printed Name of Member Representative: Title of Member Representative: 1�� 2Nn�4�tai`b�ft-Rim ___ E-Mail Address of Member Representative: F'd%V;4 �I [ADDITIONAL, EXECUTION PAGES ATTACHED] -9- 1112/09 1-1. Execution. This Agreement may be executed by the Parties In identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Mernber, -V 1,7,A(IR, OP 01, STRE6M Signature of Member Representative: Printed Name of Member Representative: FRANK SAVERIN0, SR. Title of Member Representative: MAYOR _ En-Mall Address of Member Representative: f saygrino@Q am, q [ADDITIONAL. EXECUTION PAGES ATTACHED] 11!2103 Execution. This Agreement may be executed by the Pailies in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Signature of Member Representative: Printed Name of Member Representative: _Ce'44 Title of Member Representative: -- E-Mail Address of Member Representative: Can Q r'fw_� di �ar�yr`�C�l�fVi��• +� ��' [ADDITIONAL. EXECUTION PAGES ATTACHED] -9- JAN :� � 2010 ��rzios H. Executio��. Thi duplicates taken togetherdCOnst lute one Agreement.identical original duplicates, and all of the executed p IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. 0/o, t A Name of Member: Signature of Member Representative: Printed Name of Member Representative: Title of Member Representative: E-Mail Address of Member Representative: [ADDITIONAL EXECUTION PACES ATTACHED] I -9- 1112/09 H. Executior7. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF-, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective gate. Name of Member: 'R�_ _i�nw Signature of Member Representative: Printed Name of Member Representative: ----- Title of Member Representative: �II I LN.ay_ --- E-Mail Address of Member Representative: bQ�14lC1 M - [ADDITIONAL EXECUTION PAGES ,ATTACHED] I -9- 1112109 H. CxLecutioi2. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: D J.,BA 0 ,LL BAILEY Signature of Member Representative: X. Printed Name of Member Representative: EDWARD J. BAILEY Title of Member Representative: CITY ADMINISTRATOR E-Mail Address of Member Representative- admin@countryside-ii.org [ADDITIONAL EXECUTION PAGES ATTACHED] I-JIWICONTRACT109-49-0 GAS FRANCHISE CONSORTIUM ................... ------ 1112/09 Execution, This Agreement may be executed by the Parties in identical original _ duplicates, and all of the executed duplicates talon togell-)er constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of e i Member has executed this Agreement by signing this Page as of th Date. Name of Member: City Of CrYsi',_c'1- Signature of Member Representative: ,.�ry -iof er ,f Mayerl Printed Narne of Member Representative: Cj,ty manager Title of Member Representative: E-Mail Address of Member Representative: comments@crystaljake.org (ADDITIONAL EXECUTION PAGES ATTACHED) 1112/09 N, C'xecutiaMi. Tilis Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective gate. Name of Member: 1 E� Signature of Member Representative; ------ Printed Name of Member Representative: eg+ =--5�� .0 _ ►^�c c �l- 1'itie of Member Representative: __ ...__. s.l �,. E Maii Address of Member iepresentative; lC�> ,rem- doe r•O _� _ - rAIDDI TIONAI-.t XECUTION PAGES ATTACHED-1 I I ti. C-xecution. This Agreement may be executed by the Putties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHFM REOF, the duly authorized representative of each member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: � � - Signature of Member Representative: Printed Name of Member Representative, f +% Uj+ - - Title of Member Representative: ; - E-Mail Address of Member Representative: .w'i tt e Urri i =—Lt� [ADDMONAL, EXECUTION DACES ATTACHED] I i II 1'I12103 11. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Village of Elk Grove Village Signature of Member Representative: Matthew J. Roan Printed Name of Member Representative: Matthew J. Roan Title of Member Representative: Deputy Village Manager E-Mail Address of Member Representative: mroaneelkgrove org [ADDITIONAL EXECUTION PAGES ATTACHED] NO ADDITIONAL EXECUTION PAGES ATTACHED o- 1112109 H. Exectation. 'This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agr ement. duly authorized representative of ea�h Member has IN WITNESS WHEREOF, the y P executed this Agreement by signing this Page as of the Effective Gate. Name of Member: City of Elmhurst Signature of Member Representative: Printed Name of Member Representative: T omas P. Borchert or hi designee Title'af Member Representative: City Manager E-Mail Address of Member Representative: tom.borchert @cityofelmhurst.org [ADDITIONAL EXECUTION PAGES ATTACHED) ,g_ H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: v..t Pa V Signature of Member Representative: Printed Name of Member Representative: Title of Member Representative: E-Mail Address of Member Representative: Ma'qlaro' C [ADDITIONAL EXECUTION PAGES ATTACHED] 1 s� �a�'Y any �� i i CLr�:�—I<u� 400 cul �A- -9- 1112/09 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together- constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective [late. Name of Member: Village of Forest View Signature of Member Representative: Frank Yurka Printed Name of Member Representative: Title of Member Representative: Village Administrator E-Mail Address of Member Representative: fvvi.11office@comcast.net [ADDITIONAL. EXECUTION PAGES ATTACHED] I -9- 1112109 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Vil of iv r rove Signature of Member Representative: Printed Name of Member Representative: Robert J. Nu a er Title of Member Representative: Village President E-Mail Address of Member Representative: r nunamake ,foxxiver rove.or [ADDITIONAL EXECUTION PAGES ATTACHED] -9- 11/2109 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duty authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Signature of Member Representative: Printed Name of Member Representative: Title of Member Representative: E-Mail Address of Member Representative: v �y [ADDITIONAL. EXECUTION PAGES ATTACHED] -9- 1112109 H. Execution, This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Ili Ila 4 P oqc` a e4s a e� Signature of Member Representative; Printed Name of Member Representative, Ire�l -� Title of Member Representative. U�`//aye h?an�ge►'' E-Mail Address of Member Representative: dsodcrhoIK4 Q v)Mgla of yS/ k . On [ADDITIONAL EXECUTION PAGES ATTACHED] -9- 11/21os H, Execution. This Agreement -nay be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: __.V1 �ofk/c Signature of Member Representative: ._..... --- Printed Name of Member Representative: A, Title of Member Representative: f slit/ 4t- A �.:.f.r E-Mail Address of Member Representative: 1'� /4 f [ADDITIONAL. EXECUTION PAGES ATTACHED] �t � ��T 11/2109 N. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. : ti.� 1j a n eu e v PA Name of Member Signature of Member Representative: Printed Name of Member Representative: t) �'�� L Title of Member Representative: yi Ij G Cr e n`�a yr E-Mail Address of Member Representative: S-✓` cv h 1 I , [ADDITIONAL EXECUTION PAGES ATTACHED] _g_ 1112109 H. Execution. 'This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: C 1-� I G WLA4D PAS teL Signature of Member Representative: Printed Name of Member Representative: fnf I LL. I AM J-0nl,C S Title of Member Representative: S S ► S fi �/'i` 01-ti r' w,,� 6e< E-Mail Address of Member Representative: VJ�S �L � C1 1n_ pt�4 C4 _ [ADDITIONAL. EXECUTION PAGES ATTACHED] -9- 11/2109 H. Execution, This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: -- - Signature of Member Representative: --��- - —�- - Printed Name of Member Representative: 14,- Ate: Title of Member Representative: -� =--- E-Mail Address of Member Representative: _ b c t E'I'to JY l D [ADDITIONAL EXECUTION PAGES ATTACHED] -9- -t11zios H. Execution. This Agreeffient may he executed by the Pat-ties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Village.,of Huntley Signature of Member Representative: .. _ ^� Printed Name of Member Representative: Paul Mercer Title of Member Representative: Village President Pro Tern E-Mail Address of Member Representative; pjj1 rce 3 ,t:iz ��t_1c�.�1._Lis: ,�t.... Jc:.........�� [ADDITIONAL EXECUTION PAGES ATTACHED] 1112109 H. Execution, This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member- has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Village of Indian Head Park Signature of Member Representative: Printed Name of Member Representative: Frank Alonzo Title of Member Representative: Village Administrator E-Mail Address of Member Representative: falonzo @indianheadpark-il.gov [ADDITIONAL EXECUTION PAGES ATTACHED] -9- 11/2109 H. Execution, This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: o La an Signature of Member Representative: Printed Name of Member Representative: izabe h IM. As er Title of Member Representative: Vill President E-Mail Address of Member Representative: easperger @villageoflagrange.com 12/14/09 [ADDITIONAL EXECUTION PAGES ATTACHED] _g_ 11/2/09 H. Execution, This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. J. At the time of execution of this intergovernmental agreement the Member's authorized Representative shall be: Name of Member: Village of La Gran e Park _ Name of Member Representative: Bohdan J. Proczko Title of Member Representative: Village Manager E-Mail Address of Member Representative: bproczko @lagrangepark.org _ IN WITNESS WHEREOF, the duly authorized signatory of each Member has executed this Agreement by signing this Page as of the Effective Date. Authorized Signatory: V,iilage Manager ATTEST: Village Clerk -9- 1'112109 H. -xeqution. This Agreement may be executed by the Panties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: I l..LAGI OF (AKl LU>= _ Signature of Member Representative: ,_._Z Printed Name of Member Representative: I I Ti n E ER - Title of Member Representative: V I L L A G- PPi'S IDr I E-Mail Address of Member Representative: A WA LI it R 0 t=Ar 6U�F QR6 [ADDITIONAL.EXECUTION PAGES ATTACHED] S- F. Authori to Irxecute. Each Party hereby warrants and represents to each other Party and to the Consortium that the person executing this Agreement on its behalf has been properly authorized to do so by the corporate authorities of the Party. G. No Third Party Sene • This Agreement does not create any rights or interests'in any third party and no provision of this Agreement may be interpreted, construed, or applied to create any such right or interest. H. Execution, This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: *ft �_ajk F Signature of M ember Representative:printed Name of Member Representative: o . , Jr. Title of Member Representative: City Manager E-Mail Address of Member Representative: kielyr @cityoftakeforest.com [ADDITIONAL EXECUTION PAGV--s ATTACHV-01 -io- 1112109 I.A. Execution, This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS VVIAEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective hate: Name of Member: Signature of Member Representative: - Printed Name of Member Representative: ndingM_ �._ Title of Member Representative: v5.lia e President E-Mail Address of Member Representative: Manor.@v-o1.�c� [ADDITIONAL. EXECUTION PAGES ATTACHED] _g_ H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Mernber has executed this Agreement by signing this Page as of the Effective Date. Name of Member: _--- Signature of Member Representative: -- Printed Name of Member Representative: �r c W 1 �— Title of Member Representative: E-Mail Address of Member Representative: �- _. / wi�� [ADDITIONAL EXECUTION PAGES ATTACHED] -9- FEB 1 (i LONE 11/2/09 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: _ Village of Lindenhurst Signature of Member Representative: 1w , u Printed Name of Member Representative: Susan Lahr Title of Member Representative: _ Village President E-Mail Address of Member Representative: mayorlahr@lindenhurstil.org a [ADDITIONAL. EXECUTION PAGES ATTACHED] -9— 1112109 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Village o Signature of Member Representative: 5;-:- ____ Printed Name of Member Representative: Eric Ertmoed Title of Member Representative: Management Analyst E-Mail Address of Member Representative: eertmoed @villageoflisle.org [ADDITIONAL. EXECUTION PAGES ATTACHED] -9- 1112100 H Cxecution. This Agreement may be executed by the Parties in identical original duplicates, and aH of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing tl.lis Page as of the Effective Date. Name of Member: 0 Signature of Member Representative: Printed Name of Member Representative: M_ -v)L\ Title of Memb er Representative: V� J'/ �.t 1=Mail Address of Member Representative: �� 0 � [ADDITIONAL EXECUTION PAGES ATTACHED] _g_ 't 112!09 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Rage as of the Effective Date. Name of Member: Vill of Lombard Signature of Member Representative: Printed Name of Member Representative: tiJ i l l i a m . . Mu e l l e r Title of Member Representative. Vi 11 a e P r e s i d e n t E-Mail Address of Member Representative: Johnsonb@vil.lageoflombard .org [ADDITIONAL EXECUTION PAGES ATTACHED] -9- 11!2105 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member; Villa e of Montga y Signature of Member Representative: Printed Name of Member Representative: Mike Pubentz Title of Member Representative: Director of Public Works E-Mail Address of Member Representative: Pubentz @ci.montgomery.il.us [ADDITIONAL EXECUTION PAGES ATTACHED] 9 1'912!09 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. 1 OiA Gnu''' Name of Member: �Jse, F Wade Signature of Member Representative: - --- Printed Name of Member Representative: Joseph r . Cade Title of Member Representative: village Administrator E-Mail Address of Member Representative: jwade@mortongroveil .org [ADDITIONAL. EXECUTION PAGES ATTACHED] -9- 1112/08 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement, IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Village of Mount Prospect, Illinois Signature of Member Representative: Printed Name of Member Representative: irvana K.Wilks Title of Member Representative: Mayor E-Mail Address of Member Representative: iwilks @mountprospect.org [ADDITIONAL EXECUTION PAGES ATTACHED) i -9- 71/2/09 H. Execution. This Agreement may be executed by the Parties in identical original duplicates,-and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective }date. Name of Member: 1A) /uA(YY�C Signature of Member Representative: Printed Name of Member Representative: r tle_ t'Title of Member Representative: tes) . 64 E-Mail Address of Member Representative: Str)ahy`r' (f [ADDITIONAL EXECUTION PAGES ATTACHED] _g_ 11!2/09 H. Cxecutio_n. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Signature of Member Representative: Printed Name of Member Representative: e --- Title of Member Representative: E-Mail Address of Member Representative: [ADDITIONAL EXECUTION RAGES ATTACHED] -9- 1112109 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Signature of Member Representative: Name of Member Representative: Panted Nam Title of Member Representative: E-Mail Address of Member Representative: oto a_Tw4K,'5r A0-V64- a [ADDITIONAL. EXECUTION PAGES ATTACHED] -9- LIOU--I 4ut) UU'VU11111 I-I Vill-V I I.W%IAQ VF VhA Pf\VVI\I 11.• VQU1QQVV1fU I-OV0 V I I If/ I U 11 IV H. Execution_ This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized repre8E:ntatIve of each Member leas executed this Agreement by signing this page as of the Effective Date. Name of Member: VILLAGE OF OAK BROOK Signature of Member Representative: Printed Name of Member Representative: 'Ajo�MN W. CRAIG Title of Member Representative: VILLAGE P ESIDEN E-Mail Address of Member Representative- Lrai [ADDITIONAL EXECUTION PAGES ATTACHP-1)] Exbibit"A"To Ordinance No.09-24 C. Severability. if any provision of this Agreement is construed or held to be void, invalid, or unenforceable in any respect, then the remaining provisions of this Agreement will not be affected thereby but will remain in full force and effect until and only if determined. otherwise by the Steering Committee. D. Interpretation. It is the express intent of the Parties that this Agreement will be construed, interpreted, and applied so as to preserve its validity and enforceability as a whole. In case of any conflict among provisions of this Agreement, the provision that best promotes and reflects the intent of the Parties will control. E. Amendments and Modifications. This Agreement may be modified, changed, altered, or amended only with the duly authorized and written consent of three-fourths of the then-current Members by their corporate authorities and pursuant to ordinances or resolutions duly adopted and approved by the Members' corporate authorities. No amendment or modification to this Agreement will be effective until it is reduced to writing and approved by the corporate authorities of three-fourths of the then-current Members and properly executed in accordance with all applicable statutory procedures. F, Authority to Execute. Each Party hereby warrants and represents to each other Party and to the Consortium that the person executing this Agreement on its behalf has been properly authorized to do so by the corporate authorities of the Party. G. No Third Party Beneficiaries. This Agreement does not create any rights or interests in any third party and no provision of this Agreement may tie interpreted, construed, or applied to create any such right or interest. H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all. of the executed duplicates taken together constitute one Agreement, IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: City of Oakbro Terrace Signature of Member Representative: q, Printed Nance of Member Representative: Martin J. Bourke Title of Member Representative: City Manager E-Mail Address of Member Representative: mbout•ke @oakl)rookterrace.net [ADDITIONAL EXECUTION PAGES ATTACKED] Page 10 of 12 1112109 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: —Village of River Forest, Illinois Signature of Member Representative: Printed Name of Member Representative: ohn P. Togas Title of Member Representative: President E-Mail Address of Member Representative: (ADDITIONAL EXECUTION PAGES ATTACHED] -9- H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Village o R6"se le Signature of Member Representative: _ Printed Name of Member Representative: Jason Bielawski Title of Member Representative: Assistant Village Administrator E-Mail Address of Member Representative: jbielawski @roselle.il.us -9- 11/2109 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Villa e Schaumburg Signature of Member Representative: Printed Name of Member Representative: Al Larson Title of Member Representative: Village President E-Mail Address of Member Representative: phewson@ci. schaumburg.i1.us [ADDITIONAL. EXECUTION PAGES ATTACHED] -9- 1912109 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: _ l"L4. f. OF ScNot w. Signature of Member Representative: � � _ Printed Name of Member Representative: Title of Member Representative; V�u-At�f r�R�l�LfiL- •- ,�� E-Mail Address of Member Representative; [ADDITIONAL EXECUTION PAGES ATTACHED] -9- 1112109 1-1. hxc�culicm. This Agreerru;nt may be executed by the Parlies in identical original duplicates, and all of he exectited duplicates taken together conslitrlte one Agrc.erru.nt. IN WITNESS WI IE.lZ1:=Q1 , the duly raiatllorizecl rc;presentativc: of each M<:n'tbei Ilas exeCUted this Agreenaent by signing this page as of thc,, [.Jfective Cate. Name of Member v i.:t].agc of Skokie signature of Member Representative: Printed Nan-uz of Member Repres(c nlative: Al.berL 0111. .title of Member Represeotative: vi.i.lacge Manager E-Mrail Address of Meinbet Representative: 1�1. .R i.gon .c:�s)coic.ie.or g _.._..__._.... [ADDITIONAL EXECUTION PAGES ATTACHED] H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: VILLAGE OF SOUT ARRINGTON, 11-1-INOIS Signature of Member Representative: ---By--. -- Printed Name of Member Representative: f.""aw ��IL&eQ12'Z Title of Member Representative: T E-Mail Address of Member Representative: [ADDITIONAL EXECUTION PAGES ATTACHED] 183247-1 9 1112/09 Ff. execution. This Agreement may be executed by the Pat-ties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: V it f a 61 JL 0 U47 n V, ('� v V-e— Signature of Member Representative, Printed Name of Member Representative: S �Ti +10. V, k' Q r Title of Member Representative: r E-Mail Address of Member Representative., r'e t2j S'(j6) ft, ve [ADDITIONAL EXECUTION PAGES ATTACHED] 1112109 H. Execution. This Agreement maybe executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: 4l 4 of tw Gi Signature of Member Representative: _ Printed Name of Member Representative: ��t3 Qt.a� Title of Member Representative: E-Mail Address of Member Representative: 1 (zl [ADDITIONAL EXECUTION PAGES ATTACHED] -9- H. Execution. This Agreement may be executed by the Parties in Identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Village of Vernon Mills Signature of Member Representative: Printed Name of Member Representative: Roger L. Byrne Title of Member Representative: Village President E-Mail Address of Member Representative: lynnd @vhills.org (ADDITIONAL EXECUTION PAGES ATTACHED] -9- Ordinance No. 2553 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: . _ CITY Or WARIMNVILLE Signature of Member Representative: Printed Name of Member Representative: J11NIFEAcMAHON Tide of Member Representative: ASSISTANT CITY ADMINISTRATOR E-Mail Address of Member Representative: jmcmahon@warrenvi11e.i1.us 9 11/2109 H, Execution, This Agreement may be executed by the Partles in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: — — Signature of Member Representative: u _ -- Printed Name of Member Representative: Mark F• Kni e -- Title of Member Representative: Mayor E-Mail Address of Member Representative: mknigge @w j cond ov [ADDITIONAL EXECUTION WAGES ATTACHED) -9- 1112109 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. e Name of Member: Vi T;1'f Way eSignature of Member Representative: r Printed Name of Member Representative: Harlan J. Spiroff Title of Member Representative: Village Attorney E-Mail Address of Member Representative: spiroff @thesglawfirm.com (ADDITIONAL EXECUTION PAGES ATTACHED] -9- 1112/09 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: tr_Signature of Member Representative:Printed Name of Member Representative: GVh'0 I Title of Member Representative:. ylaVor — E-Mail Address of Member Representative: mKw0,srnr"r- wee—f-chico 9 o. org [ADDITIONAL EXECUTION PAGES ATTACHED] _g_ 9112109 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: viz ae of We to prin s Signature of Member Representative: Printed Name of Member Representative: William T. Rodeg er Title of Member Representative: President E-Mail Address of Member Representative: wrodeghier @wsprings.com [ADDITIONAL EXECUTION PAGES ATTACHED] -9- 11/2/09 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement, IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: ° r7`Y a 64 T Oro Signature of Member Representative: 0awo Printed Name of Member Representative: '� � W at i a c e — _ Title of Member Representative: CPC-C44 L Ppwsacr6 ti o In wv)5 mve7o , E-Mail Address of Member Representative: [ADDITIONAL EXECUTION PAGES ATTACHED] -9- 1112/09 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Tim H A L Signature of Member Representative: Printed Name of Member Representative: _ ll� �-� 4 U V Title of Member Representative: p t EcTD f2- o _l�X14 1 C 1 V I C F S E-Mail Address of Member Representative: W( LLOtnfg�odK , ( L . US [ADDITIONAL EXECUTION PAGES ATTACHED] -9- f 9/21Q 9 1-1. Execution. This Agreement may t:>e executed by the I-larties in identical oric,inal duplicates, and all of tl (-: execc.rted du131icates taken togc.tl,ier constitute one Agreemc-,,nl. IN WITNESS WHEFZEOF, the duly authorized representative of each Men-iber has execrated this Agreement by signing this Page as of the Effective Date- Name, of Member: Village of Winfield Signature of Member Representative: 64��' Printed Name of Member Representative: Curt Barrett Title of Member Representative: Village Manger t -Mad Address of Member- Representative: cbar-rett @villageofwinfield.cor7t [ADDITIONAL_ EXECUTION PAGES ATTACHED] 1112109 1-1. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: V :1a ge o:C Woodridge Signature of Member Representative: Printed Name of Member Representative: _ Me I.i s s a Bohs e Title of Member Representative: _ Management_A naLyst E--Mail Address of Member Representative: _. j1ibohse@vi1.woodridge . i1 .us [ADDITIONAL EXECUTION PAGES ATTACHED] _g_ 11�X� M. Execution. This Agreement may ba executed by the P8Mioa in |danUCai original dup|ioahya. and all of the executed duplicates taken together constitute one Agreement, IN VV|TNEG8 VVHEREDF, the duly authorized representative Of each KAorober has executed this Agreement by signing this Page asof the Effective Date, Name VfMember: Signature of Member Representative: Printed Name o[Member Representative: Title of Member Representative: E'K4mi) Address of Member Representative: v bkzrl] ' (ADDITIONAL EXECUTION PAGES ATTACHED] -9- Execution Copy ATTACHMENT A CONSORTIUM __CGS SOUTH SUBURBAN MAYORS AND MANAGER NORTHWEST MUNICIPAL CONFERENCE ED PAESEL— EXECUTIVE DIRECTOR MARK FOWLER— EXECUTIVE DIRECTOR 1904 West 174"' Street 1616 E Golf Road East Hazel Crest, IL 60429 Des Plaines, IL 60016 PH: 708.206.1155 FAX: 708.206.1133 PHONE: 847.296.9200 FAX: 847.296.9207 Email: Email: Website: http://ssmma org Website: bLt //�wnwm -co .or METRO WEST COUNCIL OF GOVERNMENT SOUTHWEST CONFERENCE OF MAYORS MARY RANDLE, EXECUTIVE DIRECTOR VICKY SMITH— EXECUTIVE DIRECTOR 43 W. Galena Blvd. 14700 South Ravinia Ave. Aurora, IL 60506 Orland Park, IL 60462 PH 630.859-1331 FAX: 630-897-0469 PH: 708.403.6132 FAX: 708.403.6113 Email: Mrandle@rnpirowestcog.org, Email: v_srni th9739@aol.com DUPAGE MAYORS AND MANAGERS CONFERENCE WEST CENTRAL MUNICIPAL CONFERENCE MARK BALOGA, EXECUTIVE DIRECTOR RICH PELLEGRINO, — EXECUTIVE DIRECTOR 1220 Oak Brook Road 2000 Fifth Ave., Bldg J Oak Brook, IL 60523 River Grove, IL 60171 FAX: 708.453-9101 PH: 630.571.0480 FAX: 630.571.0484 PH: 708.453.9100 Website: AWyArrirric-co Or( Website: WAA.westcook,org q A Email: Email: fntqLo�� rpeliwestccaok orb LAKE COUNTY MUNICIPAL LEAGUE WILL COUNTY GOVERNMENTAL LEAGUE CHRIS GENTES, EXECUTIVE DIRECTOR STEVEN QUIGLEY, EXECUTIVE DIRECTOR 1937 North Municipal Way 3180 Theodore St. Suite 101 Round Lake Beach, IL 60073 Joliet, IL 60435 PH: 847.270.3126 FAX: 847.546.2064 PH: 815.729.3535 FAX: 815.729.3536 E-mail: LCML slacc Iobal net Website: WAMLwc_ql-or9 Email: MCHENRY COUNTY COUNCIL OF GOVERNMENTS ANNA BICANIC-MOELLER, EXECUTIVE DIRECTOR 44 N. Virginia St. Ste 2-A Crystal Lake, IL 60014 PH: 815.477.2090 FAX: 815.459.9057 Email: amoeller0mchenrycoun cog-019 Website: w mchenrycountyco org Execution Copy ATTACHMENT B STEERING COMMITTEE ROSTER DuPage Marty Bourke, Oakbrook Terrace - mbourke@oakbrookterrace.net Steve Stricker, Burr Ridge - sstricker@burr-ridnp Harlan Spiroff, Elmhurst and Wayne - Northwest Julian Prendi, Skokie -jq!je.n2- rendji @,skokie.-o-rg Paula Hewson, Schaumburg - Lake Co. Ryan Waller, Lake Bluff- rwaller@lakebluff.org WCMC Bo Proczko, LaGrange Park- SSIVIM Steve Tilton, Tinley Park- stilton tinley ark.orn SW COM None MetroWest Justin VanVooren, Sugar Grove - Will Co. Ron Caneva, Lockport-Lcanqva Q lqg�rtgr McHenry Bradley Mitchell, Crystal Lake - bmitcheli@cntstallake,or Other Steven D. Mahrt, Normal -gma -10- ITEM G.Fr11 G� 0 F OA,�r O d . o M rr o C. ,o i \� 9 C OUNT'I, AGENDAITEM Regular Board of Trustees Meeting of December 8, 2009 SUBJECT: Intergovernmental Agreement Establishing the Northern Illinois Municipal Gas Franchise Consortium FROM: David Niemeyer, Village Manager BUDGET SOURCE/BUDGET IMPACT: $500 RECOMMENDED MOTION: That The Village Board Approve Resolution R-1062, a Resolution Approving and Authorizing the Execution of an Intergovernmental Agreement Establishing The Northern Illinois Municipal Natural Gas Franchise Consortium Background/History: The Village's franchise agreement with Northern Illinois Gas (NiGas) expired on June 10, 2008. A number of other municipalities' agreements with NiGas or other gas companies expired at or around the same time. Rather than each municipality in the Chicago area individually negotiating a new franchise agreement with NiGas, it is proposed that communities band together to negotiate a new agreement. This process has been successfully implemented before with other utilities, including ComEd. Attached is an ordinance the Village Board needs to approve to join the Northern Illinois Municipal Gas Franchise Consortium. Attachment A & B will be provided to each participant once a list of initial members is established. Also attached is information on some of the work the Consortium has done to date. The initial fee is $500. There may be additional fees. The consortium steering committee will provide an explanation of the need for each additional contribution. A municipality can withdraw from the consortium at any time. Recommendation: It is recommended that the Village Board approve Resolution R-1062 authorizing the execution of an Intergovernmental Agreement establishing the Northern Illinois Municipal Natural Gas Franchise Consortium. UV� 1%A---AI 4-00./:.r nnnnnrl u.m I7_4_no d- RESOLUTION NO 2009-AG-NIG-EX1-R-1062 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM WHEREAS, by granting a natural gas franchise to NICOR, INC (Utility), the VILLAGE OF OAK BROOK (Village), makes natural gas and related facilities and utilities-available to the Village's residents, businesses, and land owners, and WHEREAS, the Village's current franchise agreement with the Utility expired on June 10, 2008(Existing Franchise Agreement), and WHEREAS, the Existing Franchise Agreement provides the terms and conditions under which the Utility utilizes the Village's public rights-of-way in the provision of natural gas, and WHEREAS, it is in the best interests of the Village and its residents, businesses, and land owners to negotiate and enter into a new franchise agreement with the Utility that includes all of the standard and necessary terms, provisions, and protections, plus modern provisions and protections such as energy efficiency provisions that require not only levels of efficiencies on the part of utilities, but also energy audits and other conservation-related services from the Utility, and WHEREAS, a number of Northern Illinois municipalities plan to create a consortium of participating municipalities to cooperate and jointly prepare and negotiate a model franchise agreement for natural gas with the Utility and with other utilities that serve these northern Illinois municipalities, and WHEREAS, participating in this joint effort will give the Village greater negotiating power with the natural gas utilities and will reduce the cost to the Village of drafting, negotiating, and finalizing a new gas franchise agreement, and WHEREAS, a steering committee of the participating municipalities has prepared an intergovernmental agreement that will establish the "Northern Illinois Municipal Natural Gas Franchise Consortium" (Consortium) for the purpose of preparing and negotiating a model franchise agreement for natural gas utilities, and WHEREAS, the Corporate Authorities of the Village have determined that it is in the best interests of the Village to approve and authorize the execution of the intergovernmental agreement and become a member of the Consortium pursuant to the terms of the agreement, 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 incorporated into this Resolution as the findings of the President and Board of Trustees of the Village Section 2 Approval of Intergovernmental Agreement The "Intergovernmental Agreement Establishing the Northern Illinois Municipal Natural Gas Franchise Consortium," in form and substance substantially the same as Exhibit A to this Resolution (Intergovernmental Agreement), is hereby approved RESOLUTION NO 2009-AG-NIG-EXI-R-1062 Authorizing Execution of IGA re Gas Franchise Page 2 of 2 Section 3 Authorization to Execute the A rq eement The Village President and the Village Clerk are authorized and directed to execute and attest the Intergovernmental Agreement on behalf of the Village Section 4 Effective Date This Resolution shall be effective following passage by the President and Board of Trustees of the Village in the manner required by law APPROVED THIS 8th day of December, 2009 John W Craig Village President PASSED THIS 8th day of December, 2009 Ayes Nays Absent ATTEST Charlotte K Pruss Village Clerk Natural Gas Franchise Consortium Draft Intergovernmental Agreement Summary of Key Terms The Consortium's Steering Committee has prepared a draft Intergovernmental Agreement creating the Northern Illinois Municipal Natural Gas Franchise Consortium. The Agreement defines the Consortium's membership, creates structure and procedures for doing business, provides for management of contributed funds, and sets standards for withdrawal and dissolution. This joint effort will give participating municipalities greater negotiating power with the natural gas utilities and will reduce the cost to each municipality of drafting, negotiating, and finalizing a new gas franchise. Here is a list identifying key terms (with ` references to the draft Agreement in parentheses): • Each municipality that signs the Agreement and makes the first, nonrefundable $500 payment becomes a Member of the Consortium (Preamble). Each Member designates one of its key officials as its representative to the Consortium (§ 313). • Key decisions and day-to-day operations of the Consortium are handled by a Steering Committee (§ 3C). Steering Committee responsibilities include preparation of a draft franchise agreement, negotiation of that agreement with the gas companies, and decision- making on behalf of the Consortium (§ 30). The Steering Committee will meet periodically (§ 3C5). All Consortium Members will get notice of, and may attend, Steering Committee meetings. The Consortium will meet as a whole at least twice, and more as determined by the Steering Committee (§ 3C6). The first meeting will be to obtain concurrence regarding the draft franchise agreement to be negotiated with the gas companies. Other meetings will be held as negotiations proceed and as the final terms are formulated. Members may participate in the meetings by telephone (§ 3C7). Membership on the Steering Committee is coordinated through the Councils of Governments (the"COGS").' Each COG appoints positions on the Steering Committee from among the municipalities that are members of that COG (§ 3C2). The number of Steering Committee members that each COG gets to appoint is based on the number of Consortium members in that COG, as follows: 4 COGs with 10 or fewer Members= 1 Steering Committee member. 4 COGS with 11 to 20 Members= 2 Steering Committee members. -� COGs with 21 or more Members = 3 Steering Committee members. -1- • Based on that formula, the Steering Committee will have 15 initial members, as follows: Name of COG Consortium Members Steering Comm. DuPage Mayors and Managers Con£ 22 3 Lake County Municipal League: 11 2 McHenry Council of Governments: 4 1 Metro West Council of Governments: 5 1 Northwest Municipal Conference: 22 3 South Suburban Mayors and Managers Conf: 0 1 Southwest Council of Mayors: 1 1 West Central Municipal Conf: 8 1 Will County Government League: 3 1 Other(Normal): 1 1 • A municipality is counted in the total for each COG of which that municipality is a member • The Administrator of the Consortium is the DuPage Mayors and Managers Conference and its executive director Mark Baloga (§ 30(f)). The Administrator will administer the business affairs of the Consortium, including the budget and expenses. The Administrator will not be paid for services but may be reimbursed for reasonable and appropriate costs incurred on behalf of the Consortium. • Each Member must pay the initial, nonrefundable $500 contribution (§ 5A3). The Steering Committee may require additional contributions to fund future Consortium activities. Future contributions may be equal among Members or on a reasonable pro rata basis determined by the Steering Committee. The Steering Committee will provide an explanation of the need for each additional contribution. • A Member may voluntarily withdraw from the Consortium at any time. A Member need not pay an additional contribution if that Member withdraws within 30 days after notice that an additional contribution is required. • The Consortium will dissolve on the written decision of at least two-thirds of the then- current Members or if the Steering Committee determines that the Consortium should dissolve (§ 6D). • Amendments to the Agreement require a three-fourths vote of the then-current Members. • If your attorney has questions about the Agreement, please contact Mark Baloga, Executive Director, DuPage Mayors and Managers Conference, 630-571-0480, x223; or mbaloga<c�dmnrc-co 7�, org. -2-