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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 -1 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. -2 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 -3 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] -5 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