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R-1554 - 04/12/2016 - WATER - Resolutions THIS RESOLUTION WAS REPEALED WITH R-1585 ON 9/13/16 RESOLUTION 2016-WA-DGSD-IGA-R-1554 A RESOLUTION APPROVING AND AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE AND DOWNERS GROVE SANITARY DISTRICT FOR THE SHUT OFF OF WATER SERVICE WHEREAS, the Village and Downers Grove Sanitary District ("DGSD'I desire to enter into an intergovernmental agreement ("Agreement') for the Village to assist DGSD 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 President and Board of Trustees have determined that it is in the best interests of the Village to enter into this Agreement with DGSD. 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 Agreement 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 Agreement between the Village and DGSD after receipt of the final Agreement is fully executed by DGSD. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. APPROVED THIS 12th day of April, 2016 Gopal G. Lalmalani Village President PASSED THIS 12th day of April, 2016 Ayes: Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: None Absent: None ATTEST: Charlotte K. Pruss Village Clerk 1' Resolution 2016-WA-DGSD-IGA-R-1554 Authorizing DGSD Water Shut Off Agmt. Page 2 of 2 EXHIBIT A INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK AND THE DOWNERS GROVE SANITARY DISTRICT FOR THE SHUT OFF OF WATER SERVICE THIS AGREEMENT is entered into this day of 2016, by and between the VILLAGE OF OAK BROOK, an Illinois municipal corporation (hereinafter the "VILLAGE") and the DOWNERS GROVE SANITARY DISTRICT, a body politic and corporate (hereinafter the "DISTRICT') (collectively referred to as the"PARTIES"). WITNESSETH: WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 provides that units of local government may contract to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; and 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 of Illinois, including other units of local government, as well as individuals, association and corporations, 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; and WHEREAS, the VILLAGE and the DISTRICT are units of local government providing necessary and important services to the customers of the VILLAGE through the provision of potable water by the VILLAGE and the provision of sewerage collection and treatment by the DISTRICT; and WHEREAS, the VILLAGE and the DISTRICT agree that it is in the best interests of the customers mutually served by the VILLAGE and the DISTRICT to cooperate whenever possible on areas of concern affecting said residents; and WHEREAS, the VILLAGE and the DISTRICT agree that the establishment of this intergovernmental agreement is necessary to provide the terms and conditions for the discontinuance of water service to premises that fail to timely pay sewerage service charges; and WHEREAS, 70 ILCS 3010/7 provides that the payment of delinquent charges for sewerage service to any premises may be enforced by discontinuing either the water service or the sewerage service to that premises, or both; and WHEREAS, 70 ILCS 3010/7 also provides that the public or municipal corporation or political subdivision of the State furnishing water services to a premises shall discontinue that service upon receiving written notice from the sanitary DISTRICT providing sewerage service that payment of the rate or charge for sewerage service to the premises has become delinquent; and WHEREAS, the DISTRICT desires that the VILLAGE discontinue water service to premises for delinquent charges for sewerage service upon proper notice, as provided in 70 ILCS 3010/7. NOW THEREFORE, in consideration of the foregoing premises, the mutual covenants and promises contained herein, the sufficiency of which is hereby acknowledged, the PARTIES agree as follows: 1. Recitals Incorporated. The foregoing recitals are incorporated by reference as though fully set forth therein. 2. Shut Off of Water Service. Pursuant to the provisions of 70 ILCS 3010/7, the VILLAGE shall shut off water service to premises within its water services area pursuant to the terms and conditions recited in this Agreement. 3. Obligations of DISTRICT. In the event the DISTRICT requests that the VILLAGE shut off water service to any premises within the water service area of the VILLAGE, the requirements contained herein shall be a condition precedent to the shut off of water service by the VILLAGE. After delinquency for nonpayment of sewer service of forty-five (45) days or more, the DISTRICT shall contact the VILLAGE to arrange for water shut off, typically to be on approximately the 20th day of the following months: February, April, June, August, October and December. The DISTRICT will provide the VILLAGE with a list of properties for which water shut off is requested not later than the 15th day of the month for shut off on approximately the 20th day of the month. Where the shut off of water service would be rendered impracticable due to emergency or other similar considerations, such emergencies will take precedence over the shut off of water service. The VILLAGE retains the discretion to refuse or delay shut off of water service where it determines that such shut off would not be in the best interests of the VILLAGE of the DISTRICT, e.g. shut off could create a serious health issue. The DISTRICT shall provide written notice of the shut off date to the user by posting in a prominent place on the premises. The notice shall indicate that a hearing has been scheduled to give the user the opportunity to be heard as to why the water service should not be shut off. A copy of the form of notice is attached hereto as Exhibit"A" and incorporated herein by reference. If the customer does not attend the hearing, of if a hearing is held but it is determined that the water service should be shut off, the water service shall be shut off. The DISTRICT shall make a reasonable attempt to make an advance telephone call to the user advising them of the shut off date. Prior to the shut off of service, the DISTRICT and the VILLAGE may arrange for an employee of each party to meet at or accompany each other to the premises for the purpose of shutting off water at the premises. The DISTRICT shall post notice of the shut off in a prominent place on the premises. 4. Reimbursement For Shut Off Of Water Service. 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 which the VILLAGE would normally charge for shut off/resumption of service for unpaid water bills. The amount of that cost shall be as set forth in the VILLAGE's ordinance. At the present time, the charge is fifty dollars ($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 eighty-five dollars ($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 DISTRICT shall not be obligated to reimburse the VILLAGE in any greater amount unless and until the VILLAGE has informed the DISTRICT of an increase in those rates. The VILLAGE understands that Illinois statutory law provides that it may be 2 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. Resumption of water service. Upon notification by the DISTRICT to the VILLAGE, the VILLAGE shall resume water service at the premises, and provided, however, that prior to the VILLAGE resuming water service, the DISTRICT shall confirm that the occupant of the premises is present so that service can be resumed. The DISTRICT will notify the occupant that they must be present on the premises when water service is restored. Water service shall not resumed unless the occupant of the premises is present on the premises. Prior to the resumption of service, the DISTRICT and the VILLAGE may arrange for an employee of each party to meet at or accompany each other to the premises for the purpose of restoring water service at the premises. The DISTRICT shall provide an emergency number to be called in the event that an emergency arises during other than normal working hours. When such an after-hours emergency call is made, it shall be relayed to an individual who shall be designated to be "on-call". That person shall be charged with the responsibility to take such action as is needed for such emergency. That procedure shall be utilized by the DISTRICT in the event of an after-hours call related to the shut off/resumption of water service. The VILLAGE will provide the DISTRICT with its after-hours contact information so that the DISTRICT and the VILLAGE can communicate to resolve any issues related to after-hours shut off/resumption. 6. Complaints And Inquiries. All complaints, correspondence, inquiries and communications from the DISTRICT sewer customer shall be directed to the DISTRICT. The DISTRICT shall so notify its customers. The VILLAGE shall have no obligation to reply, respond, communicate or otherwise correspond to any DISTRICT sewer user. 7. Indemnification. The DISTRICT shall defend, indemnify and hold harmless the VILLAGE, its officers, agents and employees from and against any and all suits, actions, claims, losses, liabilities, judgments, verdicts, damage, costs, expenses, and attorneys' fees of any nature due to personal injury or property damage and/or the disruption of any business in the VILLAGE (including, but not limited to lost profits) arising from any act or omission of the DISTRICT arising out of, occurring in connection with, resulting from, or caused by the performance or failure to perform any act pursuant to the terms of this Agreement, or pursuant to that part of 70 ILCS 3010/7 added by P.A. 93-500 (H.B. 3231), including, but not limited to any claim for personal injury or property damage as well as any claim under the United States Constitution, the Illinois Constitution, 42 U.S.C. 1983 or any other similar law; provided, however, the DISTRICT shall have no obligation to defend, indemnify and hold harmless the VILLAGE for any adjudicated willful or wanton negligence on the VILLAGE's part in the performance of its obligation under this Agreement. 3 8. Modification. This Agreement may be modified or amended only by written instrument signed by both the DISTRICT and the VILLAGE. 9. Entire Agreement. This Agreement represents the entire agreement between the DISTRICT and the VILLAGE with respect to termination of water services. 10. Governing Law. This Agreement shall be governed by the laws of the State of Illinois both as to interpretation and performance. 11. Severability. The terms, conditions, and provisions of this Agreement shall be severable, and if any term, condition, or provision is found to be unenforceable for any reason whatsoever, the remaining terms, conditions, and provisions shall remain in full force and effect, unless the Agreement can no longer be performed by one or both of the PARTIES. 12. Notice. Notice or other writings which either party is required to serve, or may wish to serve upon the other party in connection with this Agreement, shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the VILLAGE: Riccardo F. Ginex VILLAGE Manager VILLAGE of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 With a copy to: Douglas Patchin Director of Public Works VILLAGE of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 If to the DISTRICT: Nicholas J. Menninga General Manager Downers Grove Sanitary DISTRICT 2710 Curtiss Street Downers Grove, Illinois 60515-0703 13. Terms Of Agreement. This Agreement shall be in full force and effect from and after the date first above written and shall be for a term of one (1) year. Not less than ninety(90) days prior to the end of the one-year term, the PARTIES will begin discussions in an effort to continue the Agreement for an additional period of time. [SIGNATURE PAGE FOLLOWS] 4 IN WITNESS WHEREOF, the DISTRICT and the VILLAGE have respectively executed this Agreement to be effective as of the date first above written. ATTEST: VILLAGE OF OAK BROOK By: By: Its: VILLAGE Clerk Its: VILLAGE Manager ATTEST: DOWNERS GROVE SANITARY DISTRICT By: By: Its: Its: 5