R-18-05VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
RESOLUTION NO. R-18-05
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF INTERGOVERNMENTAL AGREEMENTS FOR THE NORTH
BRANCH CHICAGO RIVER PLANNING ASSISTANCE TO STATES (PAS)
SPONSORSHIP AGREEMENT AND COMPREHENSIVE WATER RESOURCES PLAN
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
16th day of April , 2018.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
11
16th day of April , 2018.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
RESOLUTION NO. R-18-05
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF INTERGOVERNMENTAL AGREEMENTS FOR THE NORTH
BRANCH CHICAGO RIVER PLANNING ASSISTANCE TO STATES (PAS)
SPONSORSHIP AGREEMENT AND COMPREHENSIVE WATER RESOURCES PLAN
WHEREAS, there has been presented to and there is now before the meeting of the
President and the Board of Trustees (the "Corporate Authorities") of the Village of Deerfield (the
"Village") at which this Resolution is adopted, the form of an "Intergovernmental Agreement
Establishing the North Branch Chicago River PAS Sponsorship Agreement' (the "PAS
Agreement'), to be entered into by, between, among the Village, the City of Highland Park, the
City of Lake Forest, the East Skokie Drainage District, and the Lake County Stormwater
Management Commission, a copy of which is attached hereto as Exhibit 1 and incorporated herein
by reference; and
WHEREAS, there has been presented to and there is now before the meeting of the
Corporate Authorities at which this Resolution is adopted, the form of an "Intergovernmental
Agreement For Development of a Comprehensive Plan" (the "Army PAS Agreement'), to be
entered into by, between, among the Village, the City of Highland Park, the City of Lake Forest,
the East Skokie Drainage District, the Lake County Stormwater Management Commission, and
the Department of the Army, a copy of which is attached hereto as Exhibit 2 and incorporated
herein by reference; and
WHEREAS, the Corporate Authorities find that the PAS Sponsorship Agreement and the
Army PAS Agreement, which address flood damages for the North Branch Chicago River, develop
effective flood mitigation strategies, enable funding opportunities for a collaborative regional
effort, create a local funding and contractual relationship to fulfill the local cost share requirement
for the proposed Army Corps Planning Assistance to States study, and effect a comprehensive
water resources plan with the Army Corps of Engineers, are in the Village's best interests for its
public health, safety, morals and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
in the exercise of its home rule powers, as follows:
SECTION 1: The recitals to this Resolution are incorporated into and made a part of this
Resolution as if fully set forth herein.
SECTION 2: The Corporate Authorities hereby approve and authorize the PAS
Agreement and the Army PAS Agreement, in the same or substantially same form thereof which
has been presented to and are now before the meeting of the Corporate Authorities at which this
Resolution is adopted.
SECTION 3: The Corporate Authorities hereby authorize the Village Manager to execute
and deliver the PAS Agreement and the Army PAS Agreement, and such other instruments as may
be necessary or appropriate to implement and memorialize said agreements, and the Village Clerk
is hereby authorized to attest to the same, on behalf of the Village.
SECTION 4: This Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
PASSED this 16th day of April 2018.
AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
2
ABSENT: Jester
ABSTAIN: None
APPROVED this 16th day of April , 2018.
Village President
ATLES
Village Clerk
INTERGOVERNMENTAL AGREEMENT ESTABLISHING
THE NORTH BRANCH CHICAGO RIVER
PAS SPONSORSHIP AGREEMENT
Entered Into By, Between, And Among
THE CITY OF HIGHLAND PARK
And
THE CITY OF LAKE FOREST
And
THE VILLAGE OF DEERFIELD
And
THE EAST SKOKIE DRAINAGE DISTRICT
And
THE LAKE COUNTY STORMWATER MANAGEMENT COMMISSION
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into as of this
day of A ML- , 2018, by, between and among the CITY OF HIGHLAND PARK, an
Illinois home rule municipal corporation ("Highland Park'), the CITY OF LAKE FOREST, an
Illinois home rule municipal corporation ("Lake Forest') the VILLAGE OF DEERFIELD, an
Illinois home rule municipal corporation ("Deerfield"), the EAST SKOKIE DRAINAGE
DISTRICT, ("ESDD") and the LAKE COUNTY STORMWATER MANAGEMENT
COMMISSION, ("LCSMC") (Highland Park, Northbrook, Lake Forest, Deerfield, ESDD, and
LCSMC are collectively referred to in this Agreement as the "PAS Sponsors"),
WITNESSETH:
WHEREAS, the PAS SPONSORS have individually and collectively determined that
portions of the North Branch Chicago River watershed within the jurisdictional boundaries of the
PAS SPONSORS are subject to flooding; and
WHEREAS, the PAS SPONSORS desire to collectively seek available state and federal
grants and other funds that may be available to help defray the costs of the flood mitigation
that are necessary to address flooding in the North Branch Chicago River watershed within the
jurisdictions of the PAS SPONSORS; and
WHEREAS, to achieve these and other related objectives, the PAS SPONSORS desire to
continue to utilize the powers and authority granted to them, individually and collectively,
pursuant to Article VII, Section 10 of the Illinois Constitution of 1970; the Intergovernmental
Cooperation Action, 5 ILCS 220/1 et seq.; the Local Land Resource Management Planning
Act, 50 ILCS 805/1 et seq.; the home rule powers of the PAS SPONSORS; the Illinois Drainage
Act, 70 ILCS 605/1 et seq.; and State Statute 55 ILCS 5/5-1062 enabling the LCSMC; and
WHEREAS, the PAS SPONSORS have determined that they need to join together to
create and establish the North Branch Chicago River PAS Sponsorship Agreement
("AGREEMENT") by intergovernmental agreement to provide for a comprehensive and unified
effort to identify and address local and regional flood mitigation concerns and issues; and
WHEREAS, after full consideration of all planning, fiscal, and other intergovernmental
issues effecting this matter, each of the PAS SPONSORS has determined that it is in the best
interests of its citizens and of the general public welfare that this AGREEMENT be executed and
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implemented by all of the PAS SPONSORS; and
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein made and other good and valuable consideration, the receipt and sufficiency of which are
hereby mutually acknowledged, and pursuant to all applicable statutes and local ordinances,
specifically including, but without limitation, Article VII, Section 10 of the Illinois Constitution of
1970; the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; the Local Land Resource
Management Planning Act, 50 ILCS 805/1 et seq.; the home rule powers of the PAS
SPONSORS; the Illinois Drainage Act, 70 ILCS 605/1 et seq.; and State Statute 55 ILCS 5/5-
1062 enabling the LCSMC; the PAS SPONSORS do hereby enter into the following:
INTERGOVERNME TALAGREEMENT
SECTION J. RECITAL
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 a collaborative equal proportionate cost
share funding effort to most effectively and efficiently address common and necessary flood
mitigation. This AGREEMENT is further intended to allow the PAS SPONSORS to jointly fund the
proposed PAS study ("PAS Study") of the Army Corps of Engineers, shown as Attachment A to
this AGREEMENT.
A. Formation of PAS Sponsorship Agreement. By this AGREEMENT, the PAS
SPONSORS establish by contract the North Branch Chicago River PAS Sponsorship Agreement.
B. lEf etive Date. This Agreement shall take effect, and the North Branch
Chicago River PAS Sponsorship Agreement shall be established, as of the last date signed by
the respective PAS Sponsors of this agreement.
C. Duration. The PAS Sponsorship Agreement applies only to the PAS Study and
shall continue until such time the PAS Study is completed, at which time this agreement shall
cease and discontinue. If further collaborative work is proposed, a new agreement will be
established at that time.
D. Meetings. The PAS SPONSORS shall meet, at a minimum, quarterly, with a
meeting notice sent to all PAS SPONSORS a minimum of 10 days ahead of each meeting date
held.
E. Additional PAS SPONSORS. Additional local government entities may be
added as PAS SPONSORS to this Agreement (a) if approved by all existing PAS SPONSORS,
and (b) upon the new Party's execution and approval of this Agreement and adjustment of each
Sponsor's equal proportionate cost share percentage and copies of that delivered to the PAS
SPONSORS.
SECTION 4. GENERAL COOPERATION.
A. The PAS SPONSORS acknowledge and agree to cooperate with each other in
furtherance of the purposes, goals, and objectives of the PAS Sponsorship Agreement.
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Cooperation required by this Agreement specifically includes, but without limitation, the
sharing and joint utilization by and among the PAS SPONSORS of information and other
materials possessed or developed by the PAS SPONSORS, either individually or collectively,
and necessary to investigate, identify, and otherwise document flood mitigation to be jointly
addressed by the PAS Sponsorship Agreement.
B. Upon or immediately after the Effective Date, the PAS Sponsors shall meet and
select an individual Payor agent for any and all PAS Sponsors equal proportionate share
payments of funds to be made as local cost share to the Army Corps of Engineers, or any other
authorized Payee. Payor agent shall hold and maintain any Sponsor paid -in funds in a separate
account which shall not be commingled with any other municipal, county, or district funds.
SECTION 5. EXPENSES.
A. Ex enses. The PAS SPONSORS acknowledge and agree to equally share in
PAS Study expenses on an equal proportionate percentage basis; using the formula (Cost =
number of PAS Sponsors = % share of expense); (i.e.; with 4 PAS Sponsors, cost share is 25%
each; with 5 PAS Sponsors, cost share is 20% each; with 6 PAS Sponsors, cost share is
16.67% each; and so on). The PAS SPONSORS acknowledge and agree to utilize their
respective staffs and resources, at no cost to the PAS Sponsors, but that those efforts, could
be utilized as in -kind services upon approval by the PAS Sponsors and Army Corps. Any such
required equal proportionate payment share shall be promptly and timely paid by each Sponsor
to the Payor agent. For any payment(s) made by Payor agent to the Army Corps or others, the
Payor agent shall provide each Sponsor with a copy of any such paid invoice or receipt.
B. No Joint and Several Liability Among Sponsors. Each Sponsor shall be liable
and responsible for its own equal proportionate percentage share of any and all approved costs
and expenses. There shall be no joint and several liability among or between Sponsors for PAS
Study costs and expenses.
SECTION 6. WITHDRAWAL.
A. Right to Withdraw. Any Party may withdraw as a Party of the PAS
Sponsorship Agreement pursuant to the procedures in this Section.
B. Procedures. A Party desiring to withdraw from the PAS Sponsorship
Agreement shall deliver to the other PAS SPONSORS no later than 30 days before the
intended effective date of withdrawal, a certified copy of an Ordinance or other legal
instrument of its corporate authorities or board of directors determining to effectuate the
Party's withdrawal from the PAS Sponsorship Agreement as of the date certain set forth in the
Ordinance or legal instrument.
C. Responsibility Upon Withdrawal. Any Party withdrawing from the PAS
Sponsorship Agreement pursuant to Subsection B of this Section shall pay its share as
determined in Subsection 5.D of this Agreement of any and all costs and expenses incurred
by or on behalf of the PAS Sponsorship Agreement prior to the effective date of the Party's
withdrawal and for which the Party remains responsible. If the Withdrawal of one or more PAS
SPONSORS results in the dissolution and termination of the PAS Sponsorship Agreement
pursuant to Subsection D of this Section, the withdrawing Party or PAS SPONSORS shall
cooperate and participate in the dissolution and termination of the PAS Sponsorship Agreement
and PAS Study. No other Sponsor shall be responsible for any of the withdrawing Sponsor's
equal proportionate share of the PAS Study costs and expenses prior to the effective date of
that withdrawal.
D. Dissolution and Termination. The PAS Sponsorship Agreement and PAS
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Study shall be dissolved and terminated (i) upon the effective withdrawal pursuant to this
Section of one or more PAS SPONSORS so as to reduce the total number of PAS SPONSORS to
fewer than three, or (ii) upon the written agreement of all of the PAS SPONSORS to this
Agreement.
COMPLIANCE
The PAS SPONSORS agree to comply with all federal, state, county 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 which may hereafter
be in force, respecting the procurement and receipt of state and federal funds and any other
funds.
SECTION 8. GENERAL PROVISIONS.
A. Notices. All notices and other materials required to be delivered to the PAS
Sponsorship Agreement shall be delivered to the Sponsor Contacts shown on the attached
signatory page. All notices required to be delivered to any Party pursuant to this Agreement
shall be in writing or email and shall be deemed delivered to each PAS Sponsor's principal
office and to the attention of the PAS Sponsor chief administrative official.
B. Entire Aareement. There are no representations, covenants, promises, or
obligations not contained in this Agreement that form any part of this Agreement or upon which
any of the PAS SPONSORS is relying in entering into this Agreement.
C. Seve_rability. If any provision of this Agreement is construed or held to be void,
invalid, or unenforceable in any respect, the remaining provisions of this Agreement shall not be
affected thereby but shall remain in full force and effect.
D. interpretation. It is the express intent of the PAS SPONSORS that this Agreement
shall be construed and interpreted so as to preserve its validity and enforceability as a whole. In
case of any conflict among the provisions of this Agreement, the provision that best
promotes and reflects the intent of the PAS SPONSORS shall control.
E. Enforcement. Any individual Sponsor or any group of two (2) or more
Sponsors may enforce the terms of this Agreement
F. Amendments and Modifications. This Agreement shall not be modified,
changed, altered, or amended without the duly authorized and written consent of each of the
PAS SPONSORS by their respective corporate authorities or board of directors and pursuant to
ordinances or other legal instruments duly adopted and approved by the Party's corporate
authorities or board of directors. No amendment or modification to this Agreement shall be
effective until it is reduced to writing and approved by the corporate authorities or board of
directors of each of the PAS SPONSORS and properly executed in accordance with all applicable
statutory procedures.
G. No Third Party Beneficiaries. Nothing in this Agreement shall create, or shall
be construed or interpreted to create, any third -party beneficiary rights.
H. Execution. This Agreement shall be executed by all PAS SPONSORS in
identical original duplicates and each of the duplicates shall, individually and taken together,
constitute one and the same Agreement.
IN WITNESS WHEREOF, the PAS SPONSORS have by their duly authorized officers
and representatives set their hands and affixed their seals on the date first above written.
M1
[END OF TEXT - SIGNATURE PAGES FOLLOW]
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ATTEST:
By:
City Clerk
NORTH BRANCH CHICAGO RIVER PAS SPO SORSH_ IP
AGREEMENT SIGNATURE PAGE
THE CITY OF HIGHLAND PARK
By:
City Manager
Date
yTTFS, THE VIL E OF DEERFIELD
TTAS,B,e B
2 2o) $
�Aewr Village Clerk Village Manager Date
ATTEST: THE CITY OF LAKE FOREST
By: By:
City Clerk City Manager Date
ATTEST: THE EAST SKOKIE DRAINAGE DISTRICT
By: By:
Attorney Chairman Date
ATTEST: STORMWATER MANAGEMENT COMMISSION
By: By:
Secretary
Chairman
Date
13
US Army Corps
of Engineers
Evaluate the watersheds of the North Branch of
Chicago River — Middle Fork and Skokie Rivers
Under the authority of Section 22, Water Resources Development Act of 1974,
as amended, Planning Assistance to States Program
Local Sponsors:
City of Highland Park
Lake County Stormwater Management Commission
East Skokie Drainage District
City of Lake Forest
Village of Deerfield
March 21, 2018
US Army Corps of Engineers Scope of Work
Chicago District North Branch Chicago River
Pub
The purpose of this study is to evaluate the watersheds of the Middle Fork and Skokie River (or
East Fork) of the North Branch of the Chicago River. Recent flooding due to heavy rainfalls,
notably in July and October of 2017, have prompted communities in these watersheds to seek a
better understanding of the current conditions. This study will evaluate economic damages in
order to provide a better understanding of the problem and determine the potential for future
flood risk management efforts.
This scope of work includes the preferred alternative agreed upon by the potential non -Federal
sponsor(s). It includes updating hydrology with existing hydraulic models to be provided by the
non -Federal sponsor(s). It also includes economic analysis in which HEC-FDA will be applied to an
updated structure inventory based on data collected by the Illinois Department of Natural
Resources (IDNR) and local communities.
Once the hydrology is updated, it will be used to generate inundation maps to update the
economic models and structure inventory. Completion of the study will allow stakeholders to
develop future plans for addressing flood damages.
Background
The US Army Corps of Engineers (USACE) last studied the watershed in depth in the early 1980's
at the request of Lake and Cook Counties, who had recently completed a study of the Watershed
Implementation Plan of the North Branch of the Chicago River. The study resulted in the
construction of several reservoirs, but primarily focused on the West Branch. Since then, the
North Branch of the Chicago River has not been evaluated in depth by USACE.
State and local authorities have conducted more recent analyses. In 2009, Lake County
Stormwater Management District and East Skokie Drainage District evaluated the Skokie River
Watershed. In 2011, IDNR completed an investigation of two sites owned in part by the State of
Illinois along the Middle Fork and Skokie River to determine the potential for future flood risk
management efforts. The effort included more recent hydraulic modeling as well as an updated
structure inventory. These efforts, as well as others, will be incorporated into the study detailed
below.
Objectives
• Re -run available hydraulic models with updated hydrology
• Develop a structure inventory
• Construct HEC-FDA Study
• Evaluate the baseline condition
H&H Scope Description
The updated hydrology and hydraulic analysis will be used in existing models to create water
surface profiles and inundation maps for evaluation in the economic model. A secondary
objective will be to evaluate whether the existing models provide a reasonable representation of
real world conditions, or whether re -calibration of the hydrology model or development of a new
91
US Army Corps of Engineers Scope of Work
Chicago District North Branch Chicago River
or updated hydraulic model would be expected to provide a better representation of current
flood damages. This will be accomplished by comparing hydrologic model results from previous
calibration against flow frequency analysis at available gage locations and any available high
water marks or gage information relative to damage locations. Depending on the availability of
projected precipitation data, a future condition scenario will also be developed.
The existing hydraulic models for the Middle Fork and Skokie River will be used for analysis.
Existing hydrology models include the FIS HEC-1 model and the HEC-HMS model developed by
Metropolitan Water Reclamation District of Greater Chicago for the North Branch Chicago River
— Detailed Watershed Plan. An updated hydrologic model will be developed using assumed values
from IDNR's forthcoming Bulletin 70. Routing reaches in the hydrology model will be used to
represent overbank flood storage and attenuation. The only known hydraulic models available
are the FIS HEC-2 models, as updated for previous efforts. The steady-state HEC-2 model includes
detailed cross -sections and bridges, but does not include georeferenced model geometry
necessary to develop inundation mapping. Key cross-section locations will used, along with the
SFHA delineations, to estimate inundation areas for the economic modeling.
Economic Analyses Scope Description
The primary objective of the economic analyses is to evaluate the baseline condition to
understand the frequency, severity, and location of flood damages anticipated within the study
area. This evaluation will be performed using standard USACE methods and tools. The required
work to perform this economic evaluation is broken into two tasks; data development (Develop
Structure Inventory), and evaluation (Construct HEC-FDA Study & Perform Evaluation).
The data development task consists of several sub -tasks required for collecting, manipulating,
and combining information into the appropriate input files forthe economic evaluation software.
These sub -tasks include:
(1) collecting parcel and assessor data
(2) assigning damage categories and occupancy types
(3) identifying damage reach delineations
(4) assigning river stationing
(5) assigning ground elevations
(6) surveying structure elevations
(7) compiling HEC-FDA input files
These sub -tasks require the use of GIS and Excel to create the final text files. Based on the
availability of digital structure information and generic depth -damage functions, the data
development task can be performed on a wide range of inventory sizes without a significant
change in overall effort. Utilizing GIS for the spatial data, the individual structure locations in
reference to the source of flooding can be developed rather quickly. Excel is typically used to
combine the spatial data with tabular and survey data. For a given structure it is important to
identify the value, use, elevation (first floor and low entry), and location along the stream (river
station). This information, along with a few other key descriptors, will be provided in the final
input file.
The evaluation task also consists of several sub -tasks required for estimating the annual expected
4
US Army Corps of Engineers Scope of Work
Chicago District North Branch Chicago River
damages, as well as event -based damages. These sub -tasks include:
(1) constructing new study in the current version of HEC-FDA
(2) performing analysis and QA/QC
(3) producing output files and -summary data
(4) creating damage maps
The evaluation task requires both H&H and economic input files, then applies Monte Carlo
simulation to evaluate the estimated impacts, accounting for the associated uncertainty with the
inputs. Once the output files from this evaluation are developed, they can quickly be combined
with the GIS files used to develop the inputs to produce damage maps. These maps, combined
with damage estimates, can provide the basis for identifying potential flood risk management
measures and alternatives.
10
US Army Corps of Engineers
Chicago District
Scope of Work
North Branch Chicago River
Table 1: Proposed Study
Tasks and Level of Effort
Preferred Alternative
Description
Level of Effort
Sub -Task
Overall Task
Hours
Cost Costs
Update Hydrology Model (HMS)3
190
$22,800
Incorporate Projected Precipitation into Models3
32
$3,840
Georeference H&H Cross -Sections and Structures3
60
$7,200
H&H
Utilize Existing Hydraulic
f Produce HEC-FDA H&H Input Files3
12
$1,440
Produce GIS Shapefiles (Inundation Maps, etc.)3
32
$3,840
Model and Create New
Provide Maximum Inundation Area for Inventory
Development3
Hydrology Model
2
$240
Perform Analysis and QA/QC Evaluation'
20
$2,400
Subtotal
$41,760
Collect Parcel Data for Structure Inventory (GIS &
Assessor)1,3
28
$3,360
Assign Damage Categories & Occupancy Types3
12
$1,440
Economics
Develop Structure
Inventory
Identify Damage Reach Delinations'
12
12
12
$1,440
$1,440
$1,440
Assign River Stationing3
Assign Ground Elevations'
Survey Structure Elevations (FFE & Low Entry)3
36
$4,320
Compile HEC-FDA Input Files2,3
32
$3,840
Construct new study in current HEC-FDA version
20
$2,400
Economics
20
Perform analysis and QA/QC evaluation
$2,400
Construct HEC-FDA Study
& Perform Evaluation
16
$1,920
Produce output files and summary data
Create damage maps
24
$2,880
Document Analyses
Document analyses results, recommendations,
assumptions, and uncertainties4
140
$16,800
Total Cost Estimates 712t$66,240
'includes values, occupancy, elevations, etc.
2 Includes structures, riverine data, existing regulatory floodplain, and economic evaluation results
3 Denotes area for potential work in kind
4 Denotes area for shared effort dependent on work in kind performed in other areas
5 Includes 2096 contingency
6Donates items provided by IDNR not included in the study cost
Table 2: Preliminary Timeline
11
US Army Corps of Engineers
Chicago District
Task
Sign Agreement
Data Collection
Calibrate Existing Hydraulic Model
Update Hydrology Model
Perform H&H Analysis
Develop Structure Inventory
Construct HEC-FDA Model
Perform Economic Evaluation
Produce Final Report
1 1 2 1 3
12
Scope of Work
North Branch Chicago River
Month
4 1 5 1 6 71 8 9
AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY,
THE CITY OF HIGHLAND PARK, LAKE COUNTY STORMWATER
MANAGEMENT COMMISSION, CITY OF LAKE FOREST, VILLAGE OF
DEERFIELD AND
EAST SKOKIE DRAINAGE DISTRICT
FOR DEVELOPMENT OF A COMPREHENSIVE PLAN
THIS AGREEMENT is entered into this23Pday of AF&I' - , It/ , by and
between the Department of the Army (hereinafter the "Government"), represented by the
U.S. Army Engineer, Chicago District (hereinafter the "District Engineer") and the City
of Highland Park, Lake County Stormwater Management Commission, City of Lake
Forest, East Skokie Drainage District, and Village of Deerfield (hereinafter the "Non -
Federal Sponsors"), represented by their respective head of the agency.
WITNESSETH, THAT:
WHEREAS, Section 22 of the Water Resources Development Act of 1974, as
amended (42 U.S.C. 1962d-16) authorizes the Secretary of the Army, acting through the
Chief of Engineers, to provide assistance in the preparation of a comprehensive water
resources plan (hereinafter the "Plan") to a State or non -Federal interest working with a
State, and to establish and collect fees for the purpose of recovering 50 percent of the
costs of such assistance except that Secretary may accept and expend non -Federal funds
provided that are in excess of such fee; and
WHEREAS, the Government and the Non -Federal Sponsors have the full authority
and capability to perform in accordance with the terms of this Agreement.
NOW, THEREFORE, the parties agree as follows:
1. The Government shall develop the Plan, in coordination with the Non -Federal
Sponsors, in accordance with the attached Scope of Work dated March 21, 2018 and any
modifications thereto, that specifies the scope, cost, and schedule for activities and tasks,
including the Non -Federal Sponsors' in -kind services.
2. The Non -Federal Sponsors shall provide 50 percent of the costs for developing
the Plan in accordance with the provisions of this paragraph. As of the effective date of
this Agreement, the costs of developing the Plan are projected to be $66,240, with the
Government's share of such costs projected to be $ 33,120 and the Non -Federal
Sponsors' share of such costs projected to be $ 33,120 which includes estimated credit in
the amount of $0 for in -kind services.
a. After considering the estimated amount of credit for in -kind services
that will be afforded in accordance with paragraph 4, if any, the Government shall
provide the Non -Federal Sponsors with a written estimate of the amount of funds
required from the Non -Federal Sponsors for the initial fiscal year of development of the
Plan, with a fiscal year beginning on October 1' and ending on September 30th of the
following year. No later than 15 calendar days after such notification, the Non -Federal
Sponsors shall provide the full amount of such funds to the Government by delivering a
check payable to "FAO, USAED, Chicago" to the District Engineer or by providing an
Electronic Funds Transfer of such required funds in accordance with procedures
established by the Government.
b. No later than August 1' prior to each subsequent fiscal year during
development of the Plan, the Government shall provide the Non -Federal Sponsors with a
written estimate of the amount of funds required from the Non -Federal Sponsors during
that fiscal year. No later than September 1' prior to that fiscal year, the Non -Federal
Sponsors shall provide the full amount of such required funds to the Government using
one of the payment mechanisms specified in paragraph 2.a. above.
c. If the Government determines at any time that additional funds are
needed from the Non -Federal Sponsors to cover the Non -Federal Sponsors' costs of
developing the Plan, the Government shall provide the Non -Federal Sponsors with
written notice of the amount of additional funds required. Within 60 calendar days of
such notice, the Non -Federal Sponsors shall provide the Government with the full
amount of such additional funds.
d. Upon completion of the Plan and resolution of any relevant claims and
appeals, the Government shall conduct a final accounting and furnish the Non -Federal
Sponsors with the written results of such final accounting. Should the final accounting
determine that additional funds are required from the Non -Federal Sponsors, the Non -
Federal Sponsors, within 60 calendar days of written notice from the Government, shall
provide the Government with the full amount of such additional funds. Should the final
accounting determine that the Non -Federal Sponsors have provided funds in excess of its
required amount, the Government shall refund the excess amount, subject to the
availability of funds. Such final accounting does not limit the Non -Federal Sponsors'
responsibility to pay its share of costs, including contract claims or any other liability that
may become known after the final accounting.
3. In addition to its required cost share, the Non -Federal Sponsors may determine
that it is in its best interests to provide additional funds for development of the Plan.
Additional funds provided under this paragraph and obligated by the Government are not
included in calculating the Non -Federal Sponsors' required cost share and are not eligible
for credit or repayment.
4. The in -kind services includes those activities (including services, materials,
supplies, or other in -kind services) that are required for development of the Plan and
would otherwise have been undertaken by the Government and that are specified in the
Scope of Work and performed or provided by the Non -Federal Sponsors after the
effective date of this Agreement and in accordance with the Scope of Work. The
Government shall credit towards the Non -Federal Sponsors' share of costs, the costs,
documented to the satisfaction of the Government, that the Non -Federal Sponsors incur
in providing or performing in -kind services, including associated supervision and
administration. Such costs shall be subject to audit in accordance with paragraph 9 to
determine reasonableness, allocability, and allowability, and crediting shall be in
accordance with the following procedures, requirements, and limitations:
a. As in -kind services are completed and no later than 60 calendar day
after such completion, the Non -Federal Sponsors shall provide the Government
appropriate documentation, including invoices and certification of specific payments to
contractors, suppliers, and the Non -Federal Sponsors' employees. Failure to provide such
documentation in a timely manner may result in denial of credit. The amount of credit
afforded for in -kind services shall not exceed the Non -Federal Sponsors' share of costs.
b. No credit shall be afforded for interest charges, or any adjustment to
reflect changes in price levels between the time the in -kind services are completed and
credit is afforded; for the value of in -kind services obtained at no cost to the Non -Federal
Sponsors; or for costs that exceed the Government's estimate of the cost for such item if
it had been performed by the Government.
5. The Non -Federal Sponsors shall not use Federal Program funds to meet any of
its obligations under this Agreement unless the Federal agency providing the funds
verifies in writing that the funds are authorized to be used for the Plan. Federal program
funds are those funds provided by a Federal agency, plus any non -Federal contribution
required as a matching share therefor.
6. In carrying out its obligations under this Agreement, the Non -Federal Sponsors
shall comply with all the requirements of applicable Federal laws and implementing
regulations, including, but not limited to: Title VI of the Civil Rights Act of 1964 (P.L.
88-352), as amended (42 U.S.C. 2000d), and Department of Defense Directive 5500.11
issued pursuant thereto; the Age Discrimination Act of 1975 (42 U.S.C. 6102); and the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Army Regulation 600-7
issued pursuant thereto.
7. Upon 30 calendar days written notice to the other party, either parry may elect,
without penalty, to suspend or terminate further development of the Plan. Any
suspension or termination shall not relieve the parties of liability for any obligation
incurred.
8. As a condition precedent to a party bringing any suit for breach of this
Agreement, that party must first notify the other party in writing of the nature of the
purported breach and seek in good faith to resolve the dispute through negotiation. If the
parties cannot resolve the dispute through negotiation, they may agree to a mutually
acceptable method of non -binding alternative dispute resolution with a qualified third
party acceptable to the parties. Each party shall pay an equal share of any costs for the
services provided by such a third party as such costs are incurred. The existence of a
dispute shall not excuse the parties from performance pursuant to this Agreement.
9. The parties shall develop procedures for the maintenance by the Non -Federal
Sponsors of books, records, documents, or other evidence pertaining to costs and
expenses for a minimum of three years after the final accounting. The Non -Federal
Sponsors shall assure that such materials are reasonably available for examination, audit,
or reproduction by the Government.
a. The Government may conduct, or arrange for the conduct of, audits of
the Plan. Government audits shall be conducted in accordance with applicable
Government cost principles and regulations. The Government's costs of audits for the
Plan shall not be included in the shared costs of the Plan, but shall be included in
calculating the overall Federal cost of the Plan.
b. To the extent permitted under applicable Federal laws and regulations,
the Government shall allow the Non -Federal Sponsors to inspect books, records,
documents, or other evidence pertaining to costs and expenses maintained by the
Government, or at the request of the Non -Federal Sponsors, provide to the Non -Federal
Sponsors or independent auditors any such information necessary to enable an audit of
the Non -Federal Sponsors' activities under this Agreement. The costs of non -Federal
audits shall be paid solely by the Non -Federal Sponsors without reimbursement or credit
by the Government.
10. In the exercise of their respective rights and obligations under this
Agreement, the Government and the Non -Federal Sponsors each act in an independent
capacity, and neither is to be considered the officer, agent, or employee of the other.
Neither party shall provide, without the consent of the other party, any contractor with a
release that waives or purports to waive any rights a party may have to seek relief or
redress against that contractor.
11. Any notice, request, demand, or other communication required or permitted
to be given under this Agreement shall be deemed to have been duly given if in writing
and delivered personally or mailed by certified mail, with return receipt, as shown below.
A party may change the recipient or address for such communications by giving written
notice to the other party in the manner provided in this paragraph.
If to the Non -Federal Sponsors:
City Manager
City of Highland Park
1707 St Johns Avenue
Highland Park, IL 60035
Executive Director
Lake County Stormwater Management Commission
500 W Winchester Rd, Suite 201
Libertyville, IL 60048
Chairman
East Skokie Drainage District
9 N. County Street
Waukegan, IL 60085
City Manager
City of Lake Forest
220 E. Deerpath
Lake Forest, IL 60045
Village Manager
Village of Deerfield
850 Waukegan Rd
Deerfield, IL 60015
If to the Government:
District Engineer
Attn: Project Management
231 S. LaSalle Street, Suite 1500
Chicago, IL 60604
12. To the extent permitted by the laws governing each party, the parties agree to
maintain the confidentiality of exchanged information when requested to do so by the
providing party.
13. Nothing in this Agreement is intended, nor may be construed, to create any
rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third
person not a party to this Agreement.
14. The obligations and responsibilities of the Non -Federal Sponsors shall be joint
and several, such that each Non -Federal Sponsor shall be liable for the whole performance
of the obligations and responsibilities of the Non -Federal Sponsors under the terms and
provisions of this Agreement. The Government may demand the whole performance of said
obligations and responsibilities from any of the entities designated herein as one of the Non -
Federal Sponsors."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which
shall become effective upon the date it is signed by the District Engineer.
DEPARTMENT OF THE ARMY CITY OF HIGHLAND PARK
I�
Aaron W. Reisinger
Colonel, U.S. Army
District Engineer
IM
Ghida S. Neukirch
City Manager
DATE: DATE:
LAKE COUNTY STORMWATER
MANAGEMENT COMMISSION
BY:
Mike Warner
Executive Director
DATE:
CITY OF LAKE FOREST
BY: _
Robert Kiely
City Manager
DATE:
EAST SKOKIE DRAINAGE DISTRICT
BY: _
Larry Bridges
Chairman
DATE:
VILLAGE OF DEERFIELD
BY:
Kent S. Street
Village Manager
7
DATE: � ram
NON-FEDERAL SPONSOR'S
SELF -CERTIFICATION OF FINANCIAL CAPABILITY
FOR AGREEMENTS
I, Kent Street, do hereby certify that I am the Village Manager of the Village of Deerfield, (a
"Non -Federal Sponsor"); that I am aware of the proportionate financial obligations of the Non -
Federal Sponsors for the Planning Assistance to States Study and Scope of Work dated March
31, 2018, to Evaluate the Watersheds of the North Branch of Chicago River - Middle Fork and
Skokie Rivers; and that the Non -Federal Sponsors have the financial capability to satisfy the
Non -Federal Sponsor's proportionate obligations under the Section 22, Water Resources
Development Act of 1974, as amended, Planning Assistance to States Agreement.
IN WITNESS WHEREOF, I have made and executed this certification this 17t' day of April
2018.
BY:
TITLE: Village Mana er
DATE: _ A/ 1 %- Z61 y