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R-1879 - 05/26/2020 - DU PAGE COUNTY - Resolutions ITEM 6.E.1 BOARD OF TRUSTEES MEETING VILLAGE or UPPER LEVEL CONFERENCE ROOM OAK B R� , K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of May 26, 2020 SUBJECT: An Intergovernmental Agreement between the County of DuPage and the Village of Oak Brook, for the Oak Brook Bath and Tennis Club Shoreline Stabilization Project. FROM: Doug Patchin, Director of Public Works pjo BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move that the Village Board approve Resolution R-1879, an Intergovernmental Agreement(IGA)between the County of DuPage and the Village of Oak Brook for the Oak Brook Bath and Tennis Club Shoreline Stabilization Project. Background/History: In September, 2019 the Village received the Open Space Land Acquisition and Development Grant, (OSLAD) grant in the amount of$279,600. The OSLAD Grant is offered by the Illinois Department of Natural Resources (IDNR), this grant is for open space improvements on the Sports Core Property by the Bath and Tennis Club. The areas for these improvements are located on the north and west side of the Bath and Tennis pond. Construction and restoration work would limit future construction access to the pond for the shoreline stabilization work. In 2019 the Village applied for additional grants from the IEPA and DuPage County Storm Water Management, for the Bath and Tennis Shoreline Stabilization, estimated at$162,150. In March 2020, the Village received a grant totaling $40,538 from DuPage County for the Shoreline Stabilization, unfortunately we did not receive the grant from the IEPA. To receive both the OSLAD Grant and the DuPage County Grant these projects must be completed by September 2021. Recommendation: That the Village Board approve Resolution R-1879, an Intergovernmental Agreement (IGA)between the County of DuPage and the Village of Oak Brook for the Oak Brook Bath and Tennis Club Shoreline Stabilization Project. ;?G THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2020-PW-IGA-B&T-R-1879 A RESOLUTION APPROVING AND AUTHROIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND THE COUNTY OF DUPAGE FOR THE OAK BROOK BATH AND TENNIS CLUB SHORELINE STABILIZATION PROJECT GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAWED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 26th day of May, 2020 RESOLUTION 2020-PW-IGA-B&T-R-1879 A RESOLUTION APPROVING AND AUTHROIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND THE COUNTY OF DUPAGE FOR THE OAK BROOK BATH AND TENNIS CLUB SHORELINE STABILIZATION PROJECT WHEREAS,the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS,the Village of Oak Brook(hereinafter referred to as"Village")upon approval of the corporate authorities may enter into an Agreement with another party pursuant to Illinois Statute; WHEREAS,Article VII,Section 10 of the Illinois Constitution of 1970 authorizes units of local government,including municipalities,to contract to exercise,combine or transfer any power or function not prohibited to them by law or ordinance; WHEREAS,the"Intergovernmental Cooperation Act'(5 ILCS 220/1 et seq.)authorizes units of local government to exercise jointly with any public agency of the State,including other units of local government,any power,privilege or authority which may be exercised by a unit of local government individually, and to enter into contracts for the performance of governmental services,activities and undertakings; WHEREAS,the"Intergovernmental Cooperation Act',5 ILCS 220/1 et seq.,provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; WHEREAS,Section 5 of the"Intergovernmental Cooperation Act',51LCS 220/5,provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; WHEREAS,the parties hereto are units of local government as defined by the Constitution of the State of Illinois,1970,Article VII,Section 10,and the Intergovernmental Cooperation Act; WHEREAS,the Village of Oak Brook previously applied for various grants for the project commonly referred to as the Oak Brook Bath and Tennis Club Shoreline Stabilization Project (hereinafter referred to as the'Project'); WHEREAS, as a result of the submitted grant applications, the Village was awarded funding from several governmental agencies, including funds allocated from the Illinois Department of Natural Resources pursuant to the Open Space and Land Acquisition and 2 Development Grant(hereinafter referred to as"OSLAD")and funds allocated from a grant issued by the DuPage County Strom Water Management; WHEREAS, in order for the aforementioned agencies to issuing funding for the Project described herein the Village must complete said Project by September,2021; WHEREAS, the Parties desire to enter into an agreement outlining and defining their respective roles in relation to the completion of the Project and the related funding of the costs associated therewith;and WHEREAS,the Village of Oak Brook Corporate Authorities are of the opinion that it is in the best interests of the Village of Oak Brook to enter into the attached Intergovernmental Agreement for the purposes referenced herein. NOW,THEREFORE,BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook,DuPage and Cook Counties,Illinois as follows: Section One—Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this Resolution are full,true and correct and do hereby,by reference, incorporate and make them part of this Resolution as legislative findings. Section Two—Approval of Intergovernmental Agreement The Corporate Authorities hereby approves the Intergovernmental Agreement, substantially in the form attached hereto and made a part hereof collectively as Exhibit A, (hereinafter referred to as the "Agreement') which authorize the construction of the project generally referred to as the Oak Brook Bath and Tennis Club Shoreline Stabilization Project. Section Three—Authorization and Direction The Village President is hereby authorized to execute, and the Village Clerk is hereby authorized to attest the Agreement,substantially in the form of such agreement attached hereto as Exhibit A,with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same,their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such Agreements. Section Four-Other Actions Authorized The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this resolution and otherwise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. 3 Section Five-Authorization of Expenditures The Corporate Authorities hereby authorize and direct the expenditure of all costs related to the execution of the Agreement,additionally,the Village is authorized and directed to allocate and spend all necessary funds to fulfill the requirements of the agreements and of this resolution. Section Seven-Acts of Village Officials That all past,present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this resolution are hereby, in all respects, ratified, approved,authorized and confirmed. Section Eight—Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Nine-Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Ten—Conflict Clause All resolutions,parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Eleven—Saving Clause If any section,paragraph,clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional,the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution,which are hereby declared to be separable. Section Twelve—Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. (remainder of this page has been intentionally left blank) 4 APPROVED THIS 26th day of May,2020 l Gopa .Lalmalani Village President PASSED THIS 26th day of May,2020 Ayes: Trustees Baar,Cuevas,Manzo,Saiyed,Tiesenga,Yusuf Nays: None Absent: None ATTEST: QGE OF Oq,, � 90 j Charlotte K. !� ® Village Clerk o y ` 9CecDONi'( 5 Exhibit A Intergovernmental Agreement 6 REVIEW OF CONTRACTS AwardinAgency: Tof Contract: Depart11 ment: ProyM Number: Awarded Contract Price: Amount: p Under$20,000 0 $500,001 •$1,000,000 O :20,000 :500,000 Over$1,00o,oDo �Gk `1�7raa� � t�ti,r `fib►� e_lt� Zc. Name• Date: - / O Name: Date: 1141;�G7o Name: Date: Name: Dater /q Z'2o Three(3)Originals signed by other party Date/Initials [] Original provided to staff member for other party Date/initials Q Original provided to Ofncial FilesI Date/tnitlals _--- %r'%W of 00$rook I Approved by Board of Trustees.Date/Inabb: