HomeMy WebLinkAboutRes 13-16 03/16/2016 Intergovernmental Agreement between VOMP and Metropolitan Water Reclamation District - Distribution of Rain BarrelsRESOLUTION NO. 13-16
A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND
THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
FOR THE DISTRIBUTION OF RAIN BARRELS
WHEREAS, the Village of Mount Prospect (the "Village") is a home rule unit of government pursuant to Article VII,
Section 6 of the Illinois Constitution of 1970; and
WHEREAS, the provisions of the Intergovernmental Cooperation Act, (5 ILCS 220/1 et seq.,) authorizes and
encourages intergovernmental cooperation; and
WHEREAS, the Metropolitan Water Reclamation District of Greater Chicago, a unit of government within the meaning
of the Constitution of the State of Illinois(hereinafter the "District") and the Village of Mount Prospect, having the
power and authority to enter into an intergovernmental agreement; and
WHEREAS, on November 17, 204, the Illinois General Assembly passed Public Act 093-1049 (hereinafter the "Act")
which declares that stormwater management in Cook County shall be under the general supervision of the District;
and
WHEREAS, the Act , as amended, specifically authorizes the District to plan, implement, and finance regional and
local activities relating to stormwater management in Cook County; and
WHEREAS, one component of the District's stormwater management program includes green infrastructure, which
hereinafter shall mean the range of stormwater control measures that use plant/soil systems, permeable pavement,
stormwater harvest and reuse, or native landscaping to store, infiltrate, and/or eva potransp irate stormwater and
reduce flows to the sewer systems or to surface waters as more fully set forth at 415 ILCS 56/5; and
WHEREAS, the District has committed to developing an enhanced rain barrel distribution program ("Rain Barrel
Program"), in conformance with Appendix E. Section II(A) of a certain consent decree entered into in United States, et
al., v. Metropolitan Water Reclamation District of Greater Chicago, Case No. 1; 11 -cv-08859 (N.D. III 2014)("Consent
Decree"), and the District's formal commitment herein is intended to satisfy that obligation; and
WHEREAS, the distribution of rain barrels through the Rain Barrel Program may be approached more effectively,
economically, and comprehensively, with the Village, and the District cooperating and using their joint efforts and
resources; and
WHEREAS, under the Rain Barrel Program, the District shall provide rain barrels designed to capture and use rain
water to residences throughout its service area; and
WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have deemed that the best interests of
the Village will be served by entering into the Intergovernmental Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF
MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS:
SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Mayor to
execute the Intergovernmental Agreement between the Village of Mount Prospect and the Metropolitan Water
Reclamation District of Greater Chicago and made a part of this Resolution as Exhibit "A."
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the
manner provided by law.
AYES: Hoefert, Matuszak, Polit, Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 16th day of March, 201
Arlene A. Juracek
Mayor
AT T:
M. Lisa Angell
' L)
Village Clerk
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF
MOUNT PROSPECT AND THE METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO FOR THE DISTRIBUTION OF RAIN BARRELS
THIS INTERGOVERNMENTAL AGREEMENT (hereinafter the "Agreement")
entered into, by and between the Metropolitan Water Reclamation District of Greater Chicago, a
unit of local government and body corporate and politic, organized and existing under the laws
of the State of Illinois (hereinafter the "District") and the Village of Mount Prospect, a municipal
corporation and home rule unit of government organized and existing under Article VII, Section
6 of the 1970 Constitution of the State of Illinois (hereinafter the "Village").
WITNESSETH:
WHEREAS, on November 17, 2004, the Illinois General Assembly passed Public Act
093-1049 (hereinafter the "Act"); and
WHEREAS, the Act declares that stormwater management in Cook County shall be
under the general supervision of the District; and
WHEREAS, the Act, as amended, specifically authorizes the District to plan, implement,
and finance regional and local activities relating to stormwater management in Cook County; and
WHEREAS, one component of the District's stormwater management program includes
green infrastructure, which hereinafter shall mean the range of stormwater control measures that
use plant/soil systems, permeable pavement, stormwater harvest and reuse, or native landscaping
to store, infiltrate, and/or evapotranspirate stormwater and reduce flows to the sewer systems or
to surface waters as more fully set forth at 415 ILCS 56/5; and
WHEREAS, the District has committed to developing an enhanced rain barrel
distribution program ("Rain Barrel Program"), in conformance with Appendix E, Section II(A)
of a certain consent decree entered into in United States, et al., v. Metropolitan Water
Reclamation District of Greater Chicago, Case No. 1:11-cv-08859 (N.D. Ill. 2014)("Consent
Decree"), and the District's formal commitment herein is intended to satisfy that obligation; and
WHEREAS, on April 17, 2014, the District's Board of Commissioners adopted a Rain
Barrel Program Policy ("Rain Barrel Program") that is intended to satisfy certain requirements of
the Consent Decree, and as part of the Policy, the District intends to develop a Municipal
Distribution Network of its Rain Barrel Program as further set forth herein; and
WHEREAS, on May 21, 2015, the District's Board of Commissioners adopted
amendments to its Rain Barrel Program designed to encourage greater participation and
distribution of rain barrels; and
WHEREAS, under the Rain Barrel Program, the District shall provide rain barrels
designed to capture and use rain water to residences throughout its service area; and
WHEREAS, the distribution of rain barrels through the Rain Barrel Program may be
approached more effectively, economically, and comprehensively, with the Village, and the
District cooperating and using their joint efforts and resources; and
WHEREAS, the Village is located, wholly or partly, within the boundaries of Cook
County; and
WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and Section
10 of Article VII of the Illinois Constitution, allow and encourage intergovernmental
cooperation; and
WHEREAS, on May 21, 2015, the District's Board of Commissioners authorized the
District to enter into an intergovernmental agreement, in substantially the same form as this
intergnvernrpental agreement, with units of local government throughout the District's service
area; and
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Village to enter into an intergovernmental agreement with the District; and
NOW THEREFORE, in consideration of the matters set forth, the mutual covenants and
agreements contained in this agreement and, for other good and valuable consideration, the
Village and District hereby agree as follows:
AicI IIk.LE I. Ll+ll�O O1 fTiyil OF REC7I ' 7 `'
11 HLw7
The recitals set forth above are incorporated herein by reference and made a part hereof.
ARTICLE 2. SCOPE OF WORK
1. The scope of this Agreement will include the District providing rain barrels,
connection hardware and delivery at no cost, to the homes of residents in the
Village (hereinafter the "Project"), as more fully set forth in Exhibit 1.
2. The District is expressly and intentionally not providing any assistance for the
installation and operation of the rain barrel other than an instruction pamphlet,
in a form substantially similar to the one attached hereto as Exhibit 2.
3. In order for the Village to be eligible to participate in this Rain Barrel
Program, on behalf of its residents, the Village agrees to perform the
following requirements:
a. place all rain barrel orders on behalf of residents using a form
provided by the District; and
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b. obtain informed written consent from each resident receiving
rain barrels allowing and agreeing to the District's limited
access to their property solely for the purpose of delivering the
rain barrel(s); and
c. within one year of the date of this Agreement, the Municipality
shall report back to the District with the number of rain barrels
distributed, and cooperate with the District in the conducting of
a post installation survey.
The documents setting forth an explanation of the Rain Barrel Program and needing to be
signed by the Village and its residents, prior to free rain barrels being distributed, are attached
hereto as Exhibit 1. In order to encourage as wide a distribution of rain barrels as possible, the
maximum number of rain barrels to be distributed per home is four.
4. The Village shall return to the District all rain barrels that were delivered by
the District in connection with the Rain Barrel Program but for any reason
whatsoever were not installed or were subsequently disconnected from a
resident's home.
ARTICLE 3. PERMITS AND FEES
Federal, State, and County Requirements. In the event any federal, state or
local permits are required, the Village shall obtain all such permits required by
law in connection with the Rain Barrel Program, and shall assume any costs in
procuring said permits. Additionally, the Village shall obtain all consents and
approvals required by federal, state, and/or county regulations in connection
with the Rain Barrel program, and shall assume any costs incurred in
procuring all such consents and approvals.
2. Maintenance. The Village shall obtain any and all permits necessary for the
performance of any maintenance work associated with the improvements in
connection with the Rain Barrel Program, and in accordance with Article 5 of
this Agreement.
ARTICLE 4. INSPECTION AND MAINTENANCE
The District shall have the right (including any necessary right of access) in conjunction
with the Village to conduct a joint annual inspection of the installed rain barrels upon reasonable
notice to the Village and the homeowner(s).
ARTICLE 5. EFFECTIVE DATE
This Agreement becomes effective on the date that the last signature is affixed hereto.
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ARTICLE 6. DURATION
Subject to the terms and conditions of Article 2 and Article 10, Section 4, this Agreement
shall remain in full force and effect for perpetuity.
ARTICLE 7. NON -ASSIGNMENT
Neither party may assign its rights or obligations hereunder without the written consent
of the other party.
ARTICLE S. WAIVER OF PERSONAL LIABILITY
No official, employee, or agent of either party to this Agreement shall be charged
personally by the other party with any liability or expenses of defense incurred as a result of the
exercise of any rights, privileges, or authority granted herein, nor shall he or she be held
personally liable under any term or provision of this Agreement, or because of a party's
exerut;nn nr atteMnteri exeC�Utinn of tttic A abrePment or because of any breach of th,. A bareement_
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ARTICLE 9. INDEMNIFICATION
The Village shall defend, indemnify, and hold harmless the District, its Commissioners,
officers, employees, and other agents ("District Party") from liabilities of every kind, including
losses, damages and reasonable costs, payments and expenses (such as, but not limited to, court
costs and reasonable attorneys' fees and disbursements), claims, demands, actions, suits,
proceedings, judgments or settlements, any or all of which are asserted by any individual, private
entity, or public entity against the District Party and arise out of or are in any way related to: (1)
the distribution, installation and use of rain barrels through the Rain Barrel Program within the
corporate limit of the Village within Cook County; or (2) the exercise of any right, privilege, or
authority granted to the Village under this Agreement.
ARTICLE 10. REPRESENTATIONS OF THE VILLAGE
The Village covenants, represents, and warrants as follows:
By submitting an application on behalf of its residents for rain barrel(s), the
Village represents that it has the full authority and permission from the
homeowner(s) and that such permission includes:
a. the right of the District, or its vendor, to deliver the rain barrel(s) to the
individual homeowner, including but not necessarily limited to
reasonable access to the homeowner's real property for purposes of
delivering the rain barrel(s); and
b. that the Village and the District may access the homeowner's property to
conduct a joint annual inspection of the installed rain barrels upon
reasonable notice to the recipient of the rain barrel(s).
M
2. The individuals signing this Agreement and all other documents executed on
behalf of the Village are duly authorized to sign same on behalf of and to bind
the Village;
The execution and delivery of this Agreement, consummation of the transactions
provided for herein, and the fulfillment of the terms hereof will not result in any
breach of any of the terms or provisions of or constitute a default under any
agreement of the Village or any instrument to which the Village is bound or any
judgment, decree, or order of any court or governmental body or any applicable
law, rule, or regulation; and
4. The Village acknowledges and accepts that the Rain Barrel Program being
offered by the District is a voluntary program, wherein the Village residents
are receiving complimentary rain barrels and as such, the District may
discontinue the Rain Barrel Program at any time, without notice and without
obligation to provide any additional rain barrels.
ARTICLE 11. REPRESENTATIONS OF THE DISTRICT
The District covenants, represents, and warrants as follows:
The District has full authority to execute, deliver, and perform or cause to be
performed this Agreement;
2. The individuals signing this Agreement and all other documents executed on
behalf of the District are duly authorized to sign same on behalf of and to bind
the District; and
The execution and delivery of this Agreement, consummation of the transactions
provided for herein, and the fulfillment of the terms hereof will not result in any
breach of any of the terms or provisions of or constitute a default under any
agreement of the District or any instrument to which the District is bound or any
judgment, decree, or order of any court or governmental body or any applicable
law, rule, or regulation.
ARTICLE 12. DISCLAIMERS
This Agreement is not intended, nor shall it be construed, to confer any rights, privileges,
or authority not permitted by Illinois law. Nothing in this Agreement shall be construed to
establish a contractual relationship between the District and any party other than the Village.
ARTICLE 13. WAIVERS
Whenever a party to this Agreement by proper authority waives the other party's
performance in any respect or waives a requirement or condition to performance, the waiver so
granted, whether express or implied, shall only apply to the particular instance and shall not be
5
deemed a waiver for subsequent instances of the performance, requirement, or condition. No
such waiver shall be construed as a modification of this Agreement regardless of the number of
times the performance, requirement, or condition may have been waived.
ARTICLE 14. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such
invalidity, illegality, or unenforceability will not affect any other provisions of this Agreement,
and this Agreement will be construed as if such invalid, illegal, or unenforceable provision has
never been contained herein. The remaining provisions will remain in full force and will not be
affected by the invalid, illegal, or unenforceable provision or by its severance. In lieu of such
illegal, invalid, or unenforceable provision, there will be added automatically as part of this
Agreement a provision as similar in its terms to such illegal, invalid, or unenforceable provision
as may be possible and be legal, valid, and enforceable.
ARTICLE 15. DEEMED INCLUSION
Provisions required (as of the effective date) by law, ordinances, rules, regulations, or
executive orders to be inserted in this Agreement are deemed inserted in this Agreement whether
or not they appear in this Agreement or, upon application by either party, this Agreement will be
amended to make the insertions. However, in no event will the failure to insert such provisions
before or after this Agreement is signed prevent its enforcement.
ARTICLE 16. ENTIRE AGREEMENT
This Agreement, and any exhibits or riders attached hereto, shall constitute the entire
agreement between the parties. No other warranties, inducements, considerations, promises, or
interpretations shall be implied or impressed upon this Agreement that are not expressly set forth
herein.
ARTICLE 17. AMENDMENTS
This Agreement shall not be amended unless it is done so in writing and signed by the
authorized representatives of both parties.
ARTICLE 18. REFERENCES TO DOCUMENTS
All references in this Agreement to any exhibit or document shall be deemed to include
all supplements and/or authorized amendments to any such exhibits or documents to which both
parties hereto are privy.
ARTICLE 19. JUDICIAL AND ADMINISTRATIVE REMEDIES
The parties agree that this Agreement and any subsequent Amendment shall be governed
by, and construed and enforced in accordance with, the laws of the State of Illinois in all
respects, including matters of construction, validity, and performance. The parties further agree
on
that the proper venue to resolve any dispute which may arise out of this Agreement is the
appropriate Court of competent jurisdiction located in Cook County, Illinois.
This Agreement shall not be construed against a party by reason of who prepared it.
Each party agrees to provide a certified copy of the ordinance, bylaw, or other authority to
evidence the reasonable satisfaction of the other party that the person signing this Agreement for
such party is authorized to do so and that this Agreement is a valid and binding obligation of
such party. The parties agree that this Agreement may be executed in quadruplicate.
The rights and remedies of the District or the Village shall be cumulative, and election by
the District or the Village of any single remedy shall not constitute a waiver of any other remedy
that such party may pursue under this Agreement.
ARTICLE 20. NOTICES
Unless otherwise stated in this Agreement, any and all notices given in connection with
this Agreement shall be deemed adequately given only if in writing and addressed to the party
for whom such notices are intended at the address set forth below. All notices shall be sent by
personal delivery, UPS, Fed Ex or other overnight messenger service, first class registered or
certified mail, postage prepaid, return receipt requested, or by facsimile. A written notice shall
be deemed to have been given to the recipient party on the earlier of (a) the date it is hand -
delivered to the address required by this Agreement; (b) with respect to notices sent by mail, two
days (excluding Sundays and federal holidays) following the date it is properly addressed and
placed in the U.S. Mail, with proper postage prepaid; or (c) with respect to notices sent by
facsimile, on the date sent, if sent to the facsimile number(s) set forth below and upon proof of
delivery as evidenced by the sending fax machine. The name of this Agreement i.e.,
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF MOUNT
PROSPECT AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF
GREATER CHICAGO FOR THE DISTRIBUTION OF RAIN BARRELS must be prominently
featured in the heading of all notices sent hereunder.
Any and all notices referred to in this Agreement, or that either party desires to give to
the other, shall be addressed as set forth in Article 21, unless otherwise specified and agreed to
by the parties:
ARTICLE 21. REPRESENTATIVES
Immediately upon execution of this Agreement, the following individuals will represent
the parties as a primary contact and receipt of notice in all matters under this Agreement:
For the District
Director of Maintenance & Operations
Metropolitan Water Reclamation District
100 East Erie Street
Chicago, Illinois 60611
Phone: (312) 751-7905
FAX: (312) 751-5681
For the Village
Mayor
Village of Mount Prospect
50 S. Emerson Street
Mt. Prospect, Illinois 60056
Phone: (847) 392-6000
FAX:
Each party agrees to promptly notify the other party of any change in its designated
representative, which notice shall include the name, address, telephone number and fax number
of the representative for such party for the purpose hereof.
IN WITNESS WHEREOF, the Metropolitan Water Reclamation District of Greater
Chicago and the Village of Mount Prospect, the parties hereto, have each caused this Agreement
to be executed in quadruplicate by their duly authorized officers, duly attested and their seals
hereunto aff xed.
VILLAGE OF MOUNT PROSPECT
ATTEST:
Lisa Angell, Village Cler'
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DATE:
Arlene A. Jurace ayor
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DATE.
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ATTEST:
Lisa Angell, Village Cler'
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DATE:
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
Chairman of the Committee on Finance ate
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Executive Director P Date
ATTEST:
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Cler Date
APPROVED AS TO OPERATIONS, AND TECHNICAL MATTERS:
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Assistant Director of Maintenance & Operations Date
Director of Maintenance & Operations e
APPROVED AS TO FORM AND LEGALITY:
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Head Assistant Attorney IDate
General Counsel Date
EXHIBIT 1
Metropolitan Water Reclamation District of Greater Chicago
RainBarrel Program
A component of the District's Green Infrastructure Program
I. PROGRAM DESCRIPTION
Rain Barrels are a form of green infrastructure that are designed to capture and reuse rain
water. The largest benefit of rain barrel use is achieved by disconnecting the roof runoff from
the system and installing rain barrels to reuse water. Roofs comprise 41% of the impervious
surface in Cook County. Many of these surfaces are directly connected to the public drainage
system.
The goal of the Metropolitan Water Reclamation District of Greater Chicago's (District's) Rain
Barrel Program is removing the direct load from entering the sewer system, reducing basement
backups, and reducing combined sewer overflow volume, overland flooding, and infiltration
and inflow. The District believes the value of keeping water out of the system will benefit the
community.
The District's Rain Barrel Program will utilize three distribution networks throughout its
service -delivery area to distribute and promote the use of rain barrels. These networks are
described in Section II. Each rain barrel distributed will display a specially -designed label that
summarizes the environmental benefits of using rain barrels (see Attachment A).
II. DISTRIBUTION NETWORKS
The three networks that will be utilized to distribute rain barrels are: municipalities,
community groups/non-governmental organizations and campus- type facilities.
A. Municipalities
Cook County has 129 communities within the District's service area. Each community
will be encouraged to adopt the Rain Barrel Program as its own. This program is
contingent on funding approval by the Board of Commissioners on an annual basis.
Until otherwise indicated, the Program will provide free rain barrels to residents who
live in the District's service area.
Municipalities are required to enroll in this free program via an Intergovernmental
Agreement (IGA). Once an IGA is signed, municipalities may order rain barrels,
connection hardware, and delivery for their residents from the District's vendor at no
cost to the municipality. The District will cover the cost of the rain barrels, the
connection hardware and home delivery as the District has a contract with a vendor in
place; the vendor will furnish and deliver rain barrels, and municipal partners will be
provided with an email address and telephone number that can be used to order the rain
barrels for delivery to residents. Distribution will be limited to a maximum of four rain
barrels per home.
The District will provide the following templates for municipalities to use:
• Sample letter and rain barrel reservation form — The letter and form can
be adapted and mailed to residents; the form is designed to collect the
information needed to place an order on the resident's behalf.
• Sample brochure that can incorporate your logo — Upon request, the
District will provide municipalities with a supply of brochures imprinted
with their municipal logo.
• Generic press release — The language in this generic press release can be
used in newsletters, on websites or submitted to local publications.
B. Community Groups/Non-Governmental Organizations
Cook County has many community groups and non-governmental organizations
(NGOs) that work to educate residents about stormwater management, green
infrastructure and environmental improvement. Community groups and NGOs will
have access to the District's rain barrel program. To enroll in this free program, they
will be asked to sign a Memorandum of Understanding (MOU). Once the MOU is
signed, the community group/NGO may order rain barrels, connection hardware, and
delivery for their constituents from the District at no cost to the community
group/NGO.
In order to participate, the community group or NGO must:
• Submit a plan to the District describing the utilization of rain barrels;
• Provide detailed ordering information to the District ;
• Periodically ensure proper installation of rain barrels;
• Ensure proper education, care and maintenance of the rain barrels;
• Provide a follow-up report on rain barrel distribution. The report should
include the following information:
o email addresses of constituents receiving the rain
barrel(s)
o street addresses where rain barrels were installed
o number of rain barrels installed, with a maximum of four
rain barrels per home or location
o a brief report of project successes and/or lessons learned
in implementing the project.
C. Campus -Type Facilities
Campus -type facilities include: schools, municipal properties (i.e. town halls, libraries,
park district facilities, fire and police stations, garage/outbuilding), churches,
2
community centers, senior centers, hospitals and clinics. The District will provide free
rain barrels to any such facility committed to be a community partner and good steward
of stormwater. The facility representative should contact the District regarding
execution of a template IGA or MOU and to complete an appropriate application which
shall include at a minimum:
• Size of campus
• Number of rain barrels requested
• Percent of downspouts intercepted
• Any other additional stormwater controls implemented on the site
After the rain barrels have been delivered and installed, the facility representative
should submit a post -implementation plan or "As -Built" document that provides at
minimum:
o addresses and locations where rain barrels were installed
o number of rain barrels installed
o a brief report of project successes and/or lessons learned in
implementing the project.
III. MARKETING AND PROMOTION
In addition to providing technical assistance to residents, municipalities, community
groups/non-governmental organizations and campus -type facilities on the proper use of rain
barrels, a combination of tools will be provided by the District's Office of Public Affairs to
promote and market rain barrels to the distribution networks. The tools include the District
website, community outreach, public service announcements, email campaigns, press releases,
promotion on social media, a rain barrel installation video and distribution of brochures.
Templates for applying for free rain barrels will be provided. In addition, the District can
provide materials that utilize logos from the municipalities, community groups/non-
governmental organizations and campus -type facilities for program purposes. The District will
assign a District liaison to interested municipalities, community groups/non-governmental
organizations and campus -type facilities. The liaison can provide assistance and direction
during program implementation.
District Commissioners will also play a role in the marketing and promotion of the Rain Barrel
Program. Commissioners may use and distribute rain barrels at community events as a means
of educating and informing the public about the importance of green infrastructure, promoting
the District's Rain Barrel Program, and instructing on proper installation. Upon request of each
rain barrel for such events, Commissioners will provide the date, location, and purpose of the
event for which the rain barrel(s) is/are being used, acknowledging by signature that the use
and distribution is in compliance with the District's Ethics Ordinance policy on political
activity.
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N. PROGRAM PERFORMANCE
The District's Maintenance and Operations Department will continue to administer the Rain
Barrel Program in cooperation with Engineering and Public Affairs. An assigned resident
engineer will administer the rain barrel contract, coordinate deliveries, and document
distribution for reporting purposes. The resident engineer will collect the addresses and
number of rain barrels delivered and installed. The Office of Public Affairs will document
marketing, community outreach and technical assistance and submit this information to the
resident engineer for inclusion in an annual report.
V. LABEL
A label will be affixed to every rain barrel distributed (see Attachment A). The label
summarizes the environmental benefits of using rain barrels and green infrastructure.
VI. FORMS
Draft forms pertaining to this program are attached and will be modified to include information
pertaining to the specific participating municipality, community group/non-governmental
organi72tion or campus -type facility:
1. Municipal and Community Group/NGO Ordering Instructions - Attachment B
2. Resident Application Form — Attachment C
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Attachment A
Attachment B
MWRD Rain Barrel Program
Municipal and Community Group/Non-
Z Governmental Organization Ordering
.k teres c" ,L.•y Instructions
Municipalities and Community Groups/Non-Governmental Organizations in the District's
service area may order free rain barrels for their residents.
To qualify for free rain barrels, residents must either live in a municipality that has signed an
Intergovernmental Agreement with the District or request them through an organization that
has signed a Memorandum of Understanding with the District.
If the resident meets the above criteria, then the municipality or community group/non-
governmental organization may call 815-735-9583 or email sales(2upcycle-products.com to
order rain barrels*; please write MWRD Rain Barrel Program in the subject line.
The following resident information will be required for delivery:
Name
Address
Phone nupnber
Email address
Number of rain barrels
Color requested (indicate #) _Terra Cotta _ Blue — Black Gray
Desired delivery days/times
*A maximum of four rain barrels may be ordered per location.
Bulk deliveries will continue to be made to organizations and agencies wishing to purchase
rain barrels at cost from the District.
Need more information? Visit www.mwrd.org or call (312) 751-6633.
Attachment C
Free Rain Barrel Program
Municipal Application Form for Residents
We are pleased to offer free rain barrels to our residents. Please complete the information
needed for delivery.
Resident's information:
Name:
(Please print)
Home address:
Phone number:
Email address:
Number of rain barrels requested:
Rain Barrel Color (indicate #):_Terra Cotta ^ Blue Black Gray
Desired delivery days/times:
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EXHIBIT 2
Installing Your Rain Barrel
Required tools: Hacksaw, tape measure, goggles, gloves, pen or pencil
Recommended materials: 7'-10' garden hose, concrete blocks andior pressure treated wood
1. Place the Barrel
Rain barrels need to be located near a downspout and on
level, pervious (water -absorbing - not paved) ground. Your
rain barrel will overflow during heavy rain. Be sure you can
direct overflow to pervious ground and away from your
(and your neighbor's) home.
Placing your rain barrel on a stable platform will help
increase water pressure and make it easier to use a wa-
tering can or bucket. Concrete blocks or pressure -treated
wood work well for platforms. A full rain barrel weighs
approximately 500 pounds, so make sure the platform is
sturdy?
If you have a favorite watering can, adjust your platform
to make sure it will fit comfortably under the spigot.
2. Measure and Cut
Once your rain barrel is in place, position the flexible el-
bow (included with your rain barrel) on the barrel and next
to the downspout to determine where to cut. The elbow
should be aimed at the screened opening on the top of the
rain barrel, and the downspout must be inserted about 2"
into the elbow For most installations, it works well to cut
the downspout about 8" above the top of the barrel Keep
in mind that the downspout will need to be inserted a cou-
ple inches into the connecting elbow Mark the downspout
with a pen or pencil where you will be cutting it.
Once you are sure where to cut, put on your safety gog-
gles and gloves and cut the downspout with a hacksaw
3. Connect
Connect the flexible elbow to the cut downspout by
inserting the downspout into the elbow and positioning it
so water will flow into your rain barrel Connect a garden
hose to the overflow fitting and direct it away, from your
house Depending on the location of your rain barrel and
your yard„ this hose may need to be at least 7'-10' long
Cap off the old downspout location on the ground to
prevent it from becoming an animal's nest or clogged
with debris
level, pervious
)not paved), water I
absorbing graMdr-Vil-
overflow
hose directed
away from
your house
downspout
crih ' ..f"017
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flexible connecting elbow in
position, with downspout
inserted about 2' into elbow
and directed toward the
screened opening of the rain
barrel
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Metropolitan Water Reclamation District of Greater Chicago mwrd org
Disdairwermd, mom, aataiianrt , maintenance and use, your rain barrel 3*wuld function property The Metropoitan Water Rectae abun District of Greater chM ago asmanes no
Labiity for the mstallaUw, rnamt e w use of ymw rain barrel. We are not responsible for any ram barrel malfunction; praperry damage err erpory associated with Vora ran barrel
raalftrwbon; property damage or ■"ury 3s wted wrth your ram bwrel, ds accessories os Mntents
Maintaining and Using
Your Rain Barrel
You can use rain barrel water to wash your car, water Preventing Mosquitoes
your fawn, or clean work boots and tools. Rain barrel
water is naturally free of chlorine, lime, and calcium, and Your rain barrel comes with amosquito-proof screen under
some gardeners swear their plants prefer it. the lid. When the mosquito netting is intact, and there are
no leaks where mosquitoes can enter the barrel, your rain
Rain barrel water is runoff from your roof, so do not drink
it or use it for bathing! Disconnect your rain barrel if you
need to use a moss killer on your roof. Wait for a few
rainy days before reconnecting your rain barrel to allow
the moss killer to rinse away. Do not use rain barrel water
on plants if your home has a copper roof or gutters.
Oh No, Overflow!
Don't worry, your rain barrel is meant to overflow once
it is full. Overflow water will spill from the opening on
the top and the overflow fitting. Connect a hose to the
overflow fitting to direct the water away from your house
You can also connect a second rain barrel to the first
one using the included connecting hose and double the
amount of water captured before it overflows.
Check on your rain barrel when it is raining to make sure
the overflow is not causing flooding or flowing into your
neighbor's property, if your rain barrel is properly installed
on a pervious surface, overflow water should be absorbed
into the ground. If you see water pooling on your prop-
erty, consider installing a rain garden, which is a type of
landscaping designed to absorb water.
Regular Maintenance
Regularly check your gutters, downspouts, rain barrel
water intake screen, rain barrel mosquito screen and
rain barrel spigot for leaks, obstructions or debris. Also,
confirm that the lid is secure so children and animals can-
not fall into the rain barrel.
Winterizing
Drain your rain barrel before temperatures drop below
freezing and keep the spigot open in the winter so water
does not accumulate and freeze.
You can also turn it upside down or bring it inside to en-
sure no water accumulates in the barrel.
barrel should be mosquito -free.
Remove accumulated water from the top of the barrel
every 3-4 days during the rainy season. Mosquitoes need
at least 4 days of standing water to develop larvae.
If you believe mosquitoes may be breeding in your rain
barrel, empty it completely and let it dry out to kill all
mosquitoes.
If you want to customize the appearance of your
rain barrel, you can
Paint Your Rain Barrel
Follow these steps to paint your rain barrel:
1 . Wash it thoroughly with soapy water to
remove any dust or dirt.
2. Once the barrel is dry, apply a plastic primer
designed to adhere to polyethylene plas-
tic. Follow the instructions for the primer,
including safety precautions.
(vote: Don't skip this step. Primer is im-
portant! Paint will not stick to a rain barrel
without primer, and house paint primers will
not adhere well to rain barrel plastic.
3. Gently buff the primer surface with fine
sandpaper to remove any glossy areas.
4. Paint the barrel with artist's acrylic paint.
Acrylic paint is durable and won't chip or
crack as easily as other paints.
5. Allow several days for the paint to dry
completely and apply a clear spray sealant
to protect your artwork. Follow the instruc-
tions for the spray sealant, including safety
precautions. This will protect your work of
art from the elements.
Metropolitan Water Reclamation District of Greater Chicago mwrd.org
Disclaimer With proper installation, maintenance and use, your rain barrel should function properly. The Metropolitan Water Reclamation District of Greater Chicago assumes no
liability for the installation, maintenance or use of your rain barrel. We are not responsible for any rain barrel malfunction; property damage or injury associated with your rain barrel
malfunction; property damage or injury associated with your rain barrel, its accessories or contents.
e
4-3
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF
MOUNT PROSPECT AND THE METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO FOR THE DISTRIBUTION OF RAIN BARRELS
THIS INTERGOVERNMENTAL AGREEMENT (hereinafter the "Agreement")
entered into, by and between the Metropolitan Water Reclamation District of Greater Chicago, a
unit of local government and body corporate and politic, organized and existing under the laws
of the State of Illinois (hereinafter the "District") and the Village of Mount Prospect, a municipal
corporation and home rule unit of government organized and existing under Article VII, Section
6 of the 1970 Constitution of the State of Illinois (hereinafter the "Village").
WITNESSETH:
WHEREAS, on November 17, 2004, the Illinois General Assembly passed Public Act
093-1049 (hereinafter the "Act"); and
WHEREAS, the Act declares that stormwater management in Cook County shall be
under the general supervision of the District; and
WHEREAS, the Act, as amended, specifically authorizes the District to plan, implement,
and finance regional and local activities relating to stormwater management in Cook County; and
WHEREAS, one component of the District's stormwater management program includes
green infrastructure, which hereinafter shall mean the range of stormwater control measures that
use plant/soil systems, permeable pavement, stormwater harvest and reuse, or native landscaping
to store, infiltrate, and/or evapotranspirate stormwater and reduce flows to the sewer systems or
to surface waters as more fully set forth at 415 ILCS 56/5; and
WHEREAS, the District has committed to developing an enhanced rain barrel
distribution program ("Rain Barrel Program"), in conformance with Appendix E, Section II(A)
of a certain consent decree entered into in United States, et al., v. Metropolitan Water
Reclamation District of Greater Chicago, Case No. 1:11-cv-08859 (N.D. Ill. 2014)("Consent
Decree"), and the District's formal commitment herein is intended to satisfy that obligation; and
WHEREAS, on April 17, 2014, the District's Board of Commissioners adopted a Rain
Barrel Program Policy ("Rain Barrel Program") that is intended to satisfy certain requirements of
the Consent Decree, and as part of the Policy, the District intends to develop a Municipal
Distribution Network of its Rain Barrel Program as further set forth herein; and
WHEREAS, on May 21, 2015, the District's Board of Commissioners adopted
amendments to its Rain Barrel Program designed to encourage greater participation and
distribution of rain barrels; and
WHEREAS, under the Rain Barrel Program, the District shall provide rain barrels
designed to capture and use rain water to residences throughout its service area; and
WHEREAS, the distribution of rain barrels through the Rain Barrel Program may be
approached more .effectively, economically, and comprehensively, with the Village, and the
District cooperating and using their joint efforts and resources; and
WHEREAS, the Village is located, wholly or partly, within the boundaries of Cook
County; and
WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and Section
10 of Article VII of the Illinois Constitution, allow and encourage intergovernmental
cooperation; and
WHEREAS, on May 21, 2015, the District's Board of Commissioners authorized the
District to enter into an intergovernmental agreement, in substantially the same form as this
intergovernmental agreement, with units of local government throughout the District's service
area; and p fl {�
WHEREAS, on �� Qde h I �Q� 6 201$, the Village's Board of Trustees authorized the
Village to enter into an intergovernmental agreement with the District; and
NOW THEREFORE, in consideration of the matters set forth, the mutual covenants and
agreements contained in this agreement and, for other good and valuable consideration, the
Village and District hereby agree as follows:
ARTICLE 1. INCORPORATION OF RECITALS
The recitals set forth above are incorporated herein by reference and made a part hereof.
ARTICLE 2. SCOPE OF WORD
1. The scope of this Agreement will include the District providing rain barrels,
connection hardware and delivery at no cost, to the homes of residents in the
Village (hereinafter the "Project"), as more fully set forth in Exhibit 1.
2. The District is expressly and intentionally not providing any assistance for the
installation and operation of the rain barrel other than an instruction pamphlet,
in a form substantially similar to the one attached hereto as Exhibit 2.
3. In order for the Village to be eligible to participate in this Rain Barrel
Program, on behalf of its residents, the Village agrees to perform the
following requirements:
a. place all rain barrel orders on behalf of residents using a form
provided by the District; and
2
b. obtain informed written consent from each resident receiving
rain barrels allowing and agreeing to the District's limited
access to their property solely for the purpose of delivering the
rain barrel(s); and
c. within one year of the date of this Agreement, the Municipality
shall report back to the District with the number of rain barrels
distributed, and cooperate with the District in the conducting of
a post installation survey.
The documents setting forth an explanation of the Rain Barrel Program and needing to be
signed by the Village and its residents, prior to free rain barrels being distributed, are attached
hereto as Exhibit 1. In order to encourage as wide a distribution of rain barrels as possible, the
maximum number of rain barrels to be distributed per home is four.
4. The Village shall return to the District all rain barrels that were delivered by
the District in connection with the Rain Barrel Program but for any reason
whatsoever were not installed or were subsequently disconnected from a
resident's home.
ARTICLE 3. PERMITS AND FEES
Federal, State, and County Requirements. In the event any federal, state or
local permits are required, the Village shall obtain all such permits required by
law in connection with the Rain Barrel Program, and shall assume any costs in
procuring said permits. Additionally, the Village shall obtain all consents and
approvals required by federal, state, and/or county regulations in connection
with the Rain Barrel program, and shall assume any costs incurred in
procuring all such consents and approvals.
2. Maintenance. The Village shall obtain any and all permits necessary for the
performance of any maintenance work associated with the improvements in
connection with the Rain Barrel Program, and in accordance with Article 5 of
this Agreement.
ARTICLE 4. INSPECTION AND MAINTENANCE
The District shall have the right (including any necessary right of access) in conjunction
with the Village to conduct a joint annual inspection of the installed rain barrels upon reasonable
notice to the Village and the homeowner(s).
ARTICLE 5. EFFECTIVE DATE
This Agreement becomes effective on the date that the last signature is affixed hereto.
3
ARTICLE 6. DURATION
Subject to the terms and conditions of Article 2 and Article 10, Section 4, this Agreement
shall remain in full force and effect for perpetuity.
ARTICLE 7. NON -ASSIGNMENT
Neither party may assign its rights or obligations hereunder without the written consent
of the other party.
ARTICLE 8. WAIVER OF PERSONAL LIABILITY
No official, employee, or agent of either party to this Agreement shall be charged
personally by the other party with any liability or expenses of defense incurred as a result of the
exercise of any rights, privileges, or authority granted herein, nor shall he or she be held
personally liable under any term or provision of this Agreement, or because of a party's
execution or attempted execution of this Agreement, or because of any breach of this Agreement.
ARTICLE 9. INDEMNIFICATION
The Village shall defend, indemnify, and hold harmless the District, its Commissioners,
officers, employees, and other agents ("District Party") from liabilities of every kind, including
losses, damages and reasonable costs, payments and expenses (such as, but not limited to, court
costs and reasonable attorneys' fees and disbursements), claims, demands, actions, suits,
proceedings, judgments or settlements, any or all of which are asserted by any individual, private
entity, or public entity against the District Party and arise out of or are in any way related to: (1)
the distribution, installation and use of rain barrels through the Rain Barrel Program within the
corporate limit of the Village within Cook County; or (2) the exercise of any right, privilege, or
authority granted to the Village under this Agreement.
ARTICLE 10. REPRESENTATIONS OF THE VILLAGE
The Village covenants, represents, and warrants as follows:
By submitting an application on behalf of its residents for rain barrel(s), the
Village represents that it has the full authority and permission from the
homeowner(s) and that such permission includes:
the right of the District, or its vendor, to deliver the rain barrel(s) to the
individual homeowner, including but not necessarily limited to
reasonable access to the homeowner's real property for purposes of
delivering the rain barrel(s); and
b. that the Village and the District may access the homeowner's property to
conduct a joint annual inspection of the installed rain barrels upon
reasonable notice to the recipient of the rain barrel(s).
M
The individuals signing this Agreement and all other documents executed on
behalf of the Village are duly authorized to sign same on behalf of and to bind
the Village;
3. The execution and delivery of this Agreement, consummation of the transactions
provided for herein, and the fulfillment of the terms hereof will not result in any
breach of any of the terms or provisions of or constitute a default under any
agreement of the Village or any instrument to which the Village is bound or any
judgment, decree, or order of any court or governmental body or any applicable
law, rule, or regulation; and
4. The Village acknowledges and accepts that the Rain Barrel Program being
offered by the District is a voluntary program, wherein the Village residents
are receiving complimentary rain barrels and as such, the District may
discontinue the Rain Barrel Program at any time, without notice and without
obligation to provide any additional rain barrels.
ARTICLE 11. REPRESENTATIONS OF THE DISTRICT
The District covenants, represents, and warrants as follows:
1. The District has full authority to execute, deliver, and perform or cause to be
performed this Agreement;
2. The individuals signing this Agreement and all other documents executed on
behalf of the District are duly authorized to sign same on behalf of and to bind
the District; and
The execution and delivery of this Agreement, consummation of the transactions
provided for herein, and the fulfillment of the terms hereof will not result in any
breach of any of the terms or provisions of or constitute a default under any
agreement of the District or any instrument to which the District is bound or any
judgment, decree, or order of any court or governmental body or any applicable
law, rule, or regulation.
ARTICLE 12. DISCLAIMERS
This Agreement is not intended, nor shall it be construed, to confer any rights, privileges,
or authority not permitted by Illinois law. Nothing in this Agreement shall be construed to
establish a contractual relationship between the District and any party other than the Village.
ARTICLE 13. WAIVERS
Whenever a party to this Agreement by proper authority waives the other party's
performance in any respect or waives a requirement or condition to performance, the waiver so
granted, whether express or implied, shall only apply to the particular instance and shall not be
deemed a waiver for subsequent instances of the performance, requirement, or condition. No
such waiver shall be construed as a modification of this Agreement regardless of the number of
times the performance, requirement, or condition may have been waived.
ARTICLE 14. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such
invalidity, illegality, or unenforceability will not affect any other provisions of this Agreement,
and this Agreement will be construed as if such invalid, illegal, or unenforceable provision has
never been contained herein. The remaining provisions will remain in full force and will not be
affected by the invalid, illegal, or unenforceable provision or by its severance. In lieu of such
illegal, invalid, or unenforceable provision, there will be added automatically as part of this
Agreement a provision as similar in its terms to such illegal, invalid, or unenforceable provision
as may be possible and be legal, valid, and enforceable.
ARTICLE 15. DEEMED INCLUSION
Provisions required (as of the effective date) by law, ordinances, rules, regulations, or
executive orders to be inserted in this Agreement are deemed inserted in this Agreement whether
or not they appear in this Agreement or, upon application by either party, this Agreement will be
amended to make the insertions. However, in no event will the failure to insert such provisions
before or after this Agreement is signed prevent its enforcement.
ARTICLE 16. ENTIRE AGREEMENT
This Agreement, and any exhibits or riders attached hereto, shall constitute the entire
agreement between the parties. No other warranties, inducements, considerations, promises, or
interpretations shall be implied or impressed upon this Agreement that are not expressly set forth
herein.
ARTICLE 17. AMENDMENTS
This Agreement shall not be amended unless it is done so in writing and signed by the
authorized representatives of both parties.
ARTICLE 18. REFERENCES TO DOCUMENTS
All references in this Agreement to any exhibit or document shall be deemed to include
all supplements and/or authorized amendments to any such exhibits or documents to which both
parties hereto are privy.
ARTICLE 19. JUDICIAL AND ADMINISTRATIVE REMEDIES
The parties agree that this Agreement and any subsequent Amendment shall be governed
by, and construed and enforced in accordance with, the laws of the State of Illinois in all
respects, including matters of construction, validity, and performance. The parties further agree
rol
that the proper venue to resolve any dispute which may arise out of this Agreement is the
appropriate Court of competent jurisdiction located in Cook County, Illinois.
This Agreement shall not be construed against a party by reason of who prepared it.
Each party agrees to provide a certified copy of the ordinance, bylaw, or other authority to
evidence the reasonable satisfaction of the other party that the person signing this Agreement for
such party is authorized to do so and that this Agreement is a valid and binding obligation of
such party. The parties agree that this Agreement may be executed in quadruplicate.
The rights and remedies of the District or the Village shall be cumulative, and election by
the District or the Village of any single remedy shall not constitute a waiver of any other remedy
that such party may pursue under this Agreement.
ARTICLE 20. NOTICES
Unless otherwise stated in this Agreement, any and all notices given in connection with
this Agreement shall be deemed adequately given only if in writing and addressed to the party
for whom such notices are intended at the address set forth below. All notices shall be sent by
personal delivery, UPS, Fed Ex or other overnight messenger service, first class registered or
certified mail, postage prepaid, return receipt requested, or by facsimile. A written notice shall
be deemed to have been given to the recipient party on the earlier of (a) the date it is hand -
delivered to the address required by this Agreement; (b) with respect to notices sent by mail, two
days (excluding Sundays and federal holidays) following the date it is properly addressed and
placed in the U.S. Mail, with proper postage prepaid; or (c) with respect to notices sent by
facsimile, on the date sent, if sent to the facsimile number(s) set forth below and upon proof of
delivery as evidenced by the sending fax machine. The name of this Agreement i.e.,
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF MOUNT
PROSPECT AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF
GREATER CHICAGO FOR THE DISTRIBUTION OF RAIN BARRELS must be prominently
featured in the heading of all notices sent hereunder.
Any and all notices referred to in this Agreement, or that either party desires to give to
the other, shall be addressed as set forth in Article 21, unless otherwise specified and agreed to
by the parties:
ARTICLE 21. REPRESENTATIVES
Immediately upon execution of this Agreement, the following individuals will represent
the parties as a primary contact and receipt of notice in all matters under this Agreement:
VA
For the District
Director of Maintenance & Operations
Metropolitan Water Reclamation District
100 East Erie Street
Chicago, Illinois 60611
Phone: (312) 751-7905
FAX: (312) 751-5681
For the Village
Mayor
Village of Mount Prospect
50 S. Emerson Street
Mt. Prospect, Illinois 60056
Phone: (847) 392-6000
FAX:
Each party agrees to promptly notify the other party of any change in its designated
representative, which notice shall include the name, address, telephone number and fax number
of the representative for such party for the purpose hereof.
IN WITNESS WHEREOF, the Metropolitan Water Reclamation District of Greater
Chicago and the Village of Mount Prospect, the parties hereto, have each caused this Agreement
to be executed in quadruplicate by their duly authorized officers, duly attested and their seals
hereunto affixed.
VILLAGE OF MOUNT PROSPECT
Arlene A. Jurace Mayor
DATE:
ATTEST:
Lisa Angell, Village Cler
DATE: -
I WA me I I I'll