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HomeMy WebLinkAbout6.4 A resolution authorizing the Village Manager to accept text changes made by the Northwest Water Commission to in the Emergency Water System Interconnection intergovernmental agreement.Mr�GauC �'d'+rt;�iect Subject A resolution authorizing the Village Manager to accept text changes made by the Northwest Water Commission to in the Emergency Water System Interconnection intergovernmental agreement. Meeting October 18, 2022 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - Fiscal Impact true Dollar Amount $4,081,533.52 Budget Source American Rescue Plan Act of 2021 (ARPA) Category CONSENT AGENDA Type Consent Information On October 12, 2022, the Northwest Water Commission (NWC) Executive Board approved an intergovernmental agreement (IGA) with the Northwest Suburban Municipal Joint Action Water Agency (NSMJAWA) and the Village of Mount Prospect for the construction of an emergency water system interconnection. A copy of the signed IGA is attached. The form of this agreement contains numerous text edits made by the NWC attorney. In sum, these edits reflect the capitalization and phrasing preferences of NWC's legal counsel. They do not materially change the terms of the IGA. A redline copy denoting the differences between the version approved by NWC and the version approved by the Village Board is attached. Changes that do not strictly adhere to this description are highlighted in Section 5. NWC added textual remuneration of the cost distribution denoted in Exhibit E. A provision requiring public bidding, allowing bids to be rejected for any reason, and granting both NWC and the Village the right to stop the project if bid results exceed the engineer's estimate of cost was also added. Alternatives 1. Pass a resolution authorizing the Village Manager to accept NWC changes to the 1 Emergency Water System Interconnection IGA. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends that the Village Board pass a resolution authorizing the Village Manager to accept text changes made by the Northwest Water Commission to the Emergency Water System Interconnection intergovernmental agreement. ATTACHMENTS: Intergovernmental Agreement.pdf NWC.pdf INTERGOVERNMENTAL AGREEMENT 10142022 - NWC-NSMJAWA-VOMP- REDLINE_VERSION.pdf 2 Resolution iga nwatercommission and jawa.pdf Res 31-22 Exhibit a 2 INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement (the "Agreement") is made and entered into by and between the Northwest Water Commission ("NWC"), the Northwest Suburban Municipal joint Action Water Agency ("NSTNIJAWA) and the Village of Mount Prospect, an Illinois municipal corporation (the "Village") (collectively "Parties"). RECITALS WHEREAS, the 1970 Constitution of the State of Illinois, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorizes and encourages intergovernmental cooperation; and WHEREAS, the NWC, NS'1\JJAWA, and the Village are units of government, or instrumentalities and/or agencies of local government, within the meaning of the 1970 Constitution of the State of Illinois, Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, the NWC operates a waterworks System to transport Lake Michigan water purchased from the City of Evanston to the water systems of its members and customers; and WHEREAS, NSMJAWA operates a waterworks System to transport Lake Michigan water purchased from the City of Chicago to the water systems of its members and customers; and WHEREAS, the Village owns and operates a waterworks system that normally and customarily receives its drinking water supply from NSMJAWA; and WHEREAS, the NWC and the Village jointly conducted engineering and feasibility studies regarding an emergency water system interconnection by and between the NWC and the Village that could supply either Party with water in an emergency situation; and WHEREAS, the NWC, NSMJAWA, and the Village collectively agree that the most effective and beneficial emergency water system interconnection design utilizes sting NSMJAWA piping s depicted in Exhibit A to transfer water between NWC and the Village; and WHEREAS, the NWC and the Village entered into an intergovernmental agreement to prepare final design engineering plans and specifications for construction of a water system interconnection by and between the NWC and the Village utilizing existing NSMJAWA piping that could supply either the NWC or the Village with water in an emergency situation; and WHEREAS, the NWC, NSMJAWA, and the Village now believe it would benefit their mutual interests to construct and operate an emergency water interconnection between NWC and the Village, using eXisting NSMJAWA piping, and WHEREAS, the NWC, NSNIJAWA., and the Village also find it is in their interests to enter into art agreement setting forth their understanding for sharing the costs, expenses, and other obligations related to the Work and to the operation of the emergency water system interconnection. WHEREAS, by the execution of this Agreement, the NWC, NSMJAWA, and the Village retain rights to ownership and operation of their respective water system, except as expressly provided for, and onlir to the limited extent so provided for in this Agreement; I NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the NWC, NSMJAWA, and the Village hereto agree as follows: Section 1. !gLoajoration of Recital -s. The above recitals are incorporated into this Agreement as if fully set forth herein. Section 2. Definitions. The following words and phrases shall have the following meanings when used in this agreement: A- nient" means this emergency interconnection 'intergovernmental agreement. B. "N V R.qc" means the applicable retail customer rate as established from time to time -V LF -1- by NWC. This is the rate paid by the Village of Mount Prospect to the NWC when the former receives water through the emergency water system interconnection. The current rate is 51.99 per 1,000 gallons (May 2022), subject to annual amendment by N -WC based on a pro -rata increase of NWC's cost of water or reasonable operation costs. Written notice of any annual amendment shall be provided to the Village along with all documentation justifying the increase. This rate is based on a (1) capital charge based on current capacity which is presently 50.69/ 1000 gallons; (2) operation and maintenance costs of the NWC based upon actual usage which is presently $1.30/1000 gallons; and (3) cost charged by the City of Evanston, that are not included in the operation and maintenance costs charged pursuant to item (2) above (collectively the "rate formula"). The adjus tment to the rate will be examined by the NWC and subject to adjustment by the NWC pursuant to the rate formula set forth herein. The unit of measure for potable water delivered shall be gallons of water, U.S. standard liquid measure, and all measuring devices shall be so calibrated unless the NWC and the Village agree otherwise in writing. Should it become necessary or desirable to use other units of measure, the basis of conversion shall be that 7.48 gallons is equivalent to one cubic foot. C. "NSIW,,� _ffigg" means the applicable average monthly retail customer rate charged by NSNIJAWA. This is the average rate paid by NSMJAWA member communities during the time period the NWC receives water through the emergency water system 'interconnection. The rate for May 2022 was $5.93 per 1,000 gallons, D. "C tome� (z means the waterworks system that receives potable water from an Emergency Supplier. For the purposes of this agreement, both NWC and the Village can act as customer systems. That is, both systems can receive water through the emergency water system interconnection. The Village's customer system is described in Exhibit B. The NWC's customer system is described in Ex]-iibit C. NSMJAWA is not considered a customer system. E. "Customer" means the patty receiving potable water from an Emergency Supplier. F. "Conne.ction Facilities" means those portions of the Customer System between the 2 point of de -livery anal influent side of the Custorri.er's existing waterworks, which facilities are depicted as L".1hibir 1) to this A.Lreetrient. Upon completion of'rhes E,"niergency Water System Interconnection Improvements, NWC will owri and main {tin its Connection Facilities and the Village will own and maintani its Connection. Facilities. G. "Iof Watc�r". Ulpe,-)n completion of the Ri-nergency Water System Interconnection Improvements, NWC arid the Village shall he authorized to utilize the Emergently Water Systern Interconnection Irnprovements to supplem ent dieLir respective potable water supply during emergency use of water events by drawing upon the potable water supply made ac,aihvblc to 1 each via the Emergence Water System Interco.n.,nection haipv'wernents arid Subject to die terms set, forth herein. Specifically, the NWC can receive [.,,n-j.ergency Service fron:i. NSNt).AWA via the Ernergency Water Service Interconnection Irnprovetrietit-s- The Village can also receive Emergency Service frons. NWC vi the J-.-,mc.r? I'll ,ency Water Service Interconnection Iniprovernents. For the purposes of this Agreerrient, NSNIJ,kWA. is not an intended recipient of'Etnergeticy Set -vice For the purposes of q.11s .\greerzient, an "Emergency 1 -Tse of Water" event shall be defirif..A as a terriporary period of tirne, not to exceed 30 days, during which either the NWC or the Village anticipates not being able to meet operating needs without the use of such emergency interconnect. H. 'ce"means all water supplied to a Customer System, either NWC or the Village, pursuant to this Agreement. Its includes the Connection Facilities owned and maintained by NWC, the Connection Facilities owned and maintained by the Village, and the Connection Facilities jointly owned by both the NWC and the Village. It alsoincludes all of the tasks delineated in Section 3 (scope of the work). Lani —histmmn ngg-OKn t.n its Cost" means (a) the fall actual cost incurred by the all reasonable legal, engineering, consulting and administrative fees, costs and expenses associated therewith, and the full actual cost incurred in connection with the final design, bidding, contracting, managing and actual construction of the Emergency Water System Interconnection Improvements, including without limitation equipment required for the operation of the reasonable administrative, supervisory, inspection, engineering, surveying and legal fees, costs and expenses associated therewith; (b) the acquisition of lands, easements and rights of way over lands and waters necessary for the Emergency Water System Interconnection Improvements, and all reasonable administrative, tide, surveying and legal fees, costs and expenses associated therewith; and (c) mutually agreed reasonable costs for the review and processing of plans and agreements for the Emergency Water System Interconnection Improvements, including without limitation all legal, engineering, consulting and administrative fees, costs and expenses associated therewith. K. "Lake,A'atc means potable, filtered water drawn from Lake Michigan. L. oCUeUK-11X" means the point at which the Lake Water delivered to a Customer pursuant to this Agreement enters the Connection Facilities. The point of delivery shall be at a point 10 feet south of the outside wall of the vault containing the water meter. M. "S(Aircc or En t =— thcj" means the party that is supplying water to Customer Systems pursuant to the terms of this agreement. If NSMJAWA is supplying water to NWC via the Emergency Water System Interconnection ImproN, e ents, then NSNIJA A is the source. If NWC is supplying water to the Village via the Emergency Water System Interconnection Improvements, then C is the source. N. "Source C,ontract'' can refer to either the water supply contract, dated March 4, 1981, between the NWC and the City of Evanston, as amended or supplemented from time to time if NWC is the source. It can also refer to the water supply contract between NSDJJAWA and the City of Chicago as amended or supplemented from time to time if NSMJAWA is the source O. "Unit of Measurement. The unit of measurement for lake water delivered hereunder gallons shall be of water, g _ , U.S. standard liquid measure, and all measuring devices shall be so calibrated unless the -NWC, NSNNIJAWA, and the Village otherwise agree. Section 3.ens co a cad tly "��"qr . The Parties agree that the general purpose of the Work shall be to construct and make operational an emergency coater system interconnection between the NWC and the Village that uses existing NSNIJAWA infrastructure. The Work will. be constructed in a manner that generally complies with the `eater system interconnection concept depicted in the Process Flow Diagram enclosed as Exhibit A. Specific tasks for the Work shall include: A. Preparation of bid documents necessary to secure competitive public bids for the construction of the emergency water system interconnection. B. Bid evaluations and award recommendation. C. Acquisition of requisite permanent or temporary property. D. Obtain requisite permits and/or regulatory agency authorizations. E. Construction engineering and inspection. F. Project management. G. Construction of the Work. H. Public relations and public information 'including press releases, project website development, social media, and public meetings. I. Commissioning, operation, maintenance of emergency water system interconnection. Section 4.!v,,tr%.tEcapetl. A. Row, Me tm As part and parcel of the Emergency Water System Interconnection Improvements, a bi-directional water meter shall be furnished and installed at the meter vault prior to the commencement of any flow through the improvements. The flow meter shall meet the standards of the American Waterworks Association for measuring properly the quantity of lake water delivered under this agreement. NWC, NSMJAWA, and the Village shall have access to the flow meter for examination, inspection, calibration, and adjustment at reasonable times, but the reading for billing purposes shall be collected by the Village and sent to NWC and NSMJAWA, as appropriate, each month. The Village shall keep an official record of the readings taken from the flow meter; a copy of which record shall be provided to NWC or NSMJAWA upon request. At least once in each calendar year, the Village shall test and calibrate the flow meter measuring the lake water delivered to the Village system as well as the quantity of lake water delivered to NWC by NSMJAWA. NWC and NSMJAWA, if they choose, along with the Village, shall jointly observe any adjustments that are made to the flow meter in case any adjustments shall be necessary. If any backflow prevention devices have been installed, then such backflow prevention devises shall 1J be tested at least eveti, 12 months by the Village M' the presence of a represerita Live of either NWC or N'SMJAWA representatives, if thes- choose, and the Village will rnake any, repairs and replacements of the backflow prevention devises in, case any adjustments shall be necessary. The Village will submit all backflow test results to NWC and NSNIJAWA as appropriate. NTWC and the `i`illage shall share equally in the cost of testing, calibration, repairs, maintenance, and of meters. B. If the NWC, NS'NIJAWA, or the Village, at an), time observe evidence of flow meter malfunction, such party shall promptly notiE, the other parties, and all parties, collectively, shall then cooperate to procure an immediate calibration test and such adjustment, replacement or other work necessary to return the flow meter to accuracy. The party who discovers such variation or malfunction shall give the other parties notice not less than 48 hours prior to the time of any test of any meter (which tests shall be conducted during normal working hours) so that the other parties may conveniently have a representative present. If such representative is not present after the required notification at the time set in such notice, calibration and adjustment may proceed in the absence of said representative notwithstanding any other provision of this subsection. If the percentage of inaccuracy of the flow meter is found to be in excess of Mvo percent, registration thereof shall be corrected by agreement of NWC, NSNJ�JAWA, and the Village, collectiveli., and based upon the best data available, for a period extending back to the time when such inaccuracy began if such time is ascertainable, or for a period extending back one-half of the time elapsed since the last date of calibration (but M no event further back than a period of six months) if such time is not ascertainable. If for any reason the flow meter is out of service or out of repair so that the amount of lake water delivered cannot be ascertained or computed from the reading thereof, then the lake water delivered during the period the flow meter is out of service or out of repair shall be estimated: By correcting the error if the percentage' of the error is ascertainable by calibration tests or mathematical calculations; or 2. If the error is not ascertainable by calibration tests or mathematical calculation, by estimating the quantity of delivery by considering the quantity consumed by the receiving party's own customers as measured by the meters located on their premises as well as level changes in the receiving party's water storage facilities. Section 5. Sh l fees,, d anc a he Work ill — gNp�jtj,eof t _ - -.z NWC w pay 504% of items 1,2,3,6,7,8,12,13,14 and 16 thru 28 and 1000//o of items 11,30 , and 35 set forth on Exhibit E which totals $1,710,033.52 or 29 % of the actual costs, fees, and expenses for the Emergency Water System Interconnection Improvements costs (the Work). It being further expressly understood and agreed that the engineering costs incurred prior to the date of this Agreement are governed by a separate agreement between the parties. Estimates of these expenditures are set forth in the Engineer's Opinion of Probable Construction Cost prepared by Bums & McDonnell consulting engineers and enclosed as Exhibit E. The Work shall be publicly bid. The bid documents shall provide for the right to reject all bids for any reason. In addition, if the bid amount of the Work exceeds the Engineers Estimate (Exhibit E) then each party to this Agreement shall have the right to reject said bids and terminate the Agreement. The NWC and the Village agree the Party that contracts for the Work shall pay for it and the non -contracting Pam, shall reimburse the contracting Party for one half of the cost within forty five (45) days after receipt of written notice the reimbursement is required. Furthermore, all Parties agree that NSMJAWA is a party to this Agreement, but shall not be responsible for the cost, fees, and expenses of the Work. NWC and the Village further agree to hold NSNIJAWA harmless from any and all claims for personal injury or property damage arising out of or related to the Work, 5 including any damage to the NSM.JAWA system. Section 6. (7cration of 1hp �r h _tt1tcT n Faci ties. P . . ........ .. — ILL A. ii onrlcctlon of*�he V"'M"r Flows of JIIT,t�rCMMCCUMI 11T !L01 , i� Emergency Service from NSNIJAWA to NWC shall be delivered through pressure reducing valve(s) at pressure and flow races mutually agreed upon by NWC and NSNIJAWA. Flows of Emergency Service from NWC to the Village shall be provided with air gap protection or backflow prevention. The Emergency Supplier shall not be responsible for any damage to the Customer's waterworks system caused by the design, operation, or maintenance of the Custorner's waterworks system. The Customer shall be solely responsible for delivering potable water through its system at pressures required or necessary to make such delivery. B. ondiw, s; The Emergency Water System Interconnection Improvements shall be utilized as specified in this Agreement unless otherwise approved, in writing, by the Emergency Supplier(s), pursuant to the sequence of operations set forth herein. N'(LIJ! )f F 'V 'per 1"vent, Customer shall give telephonic notice to the Emergerim, Supplier of the need to declare an emergency use of water event, the expected duration of Emergency Use of Water event and the amount of Lake Water needed during the Emergency Use of Water event prior to the operation of the Emergency Water System Interconnection Improvements. The Emergency Water System Interconnection Improvements shall not be operated unless and until Customer shall havei en said notice to the Emergency Supplier. g1v I C. NotJ D ig Lnicroenc� 1,,'s(,,, of ' %XV R�Ccs_ ,ver F ctir. Customer shall provide daily telephonic notice to the Emergency Supplier for so long as Emergency Service continues during an Emergency Use of Water event and shall provide telephonic notice to the Emergency Supplier before final shut-off of Emergency Service for each such Emergency Use of Water event. D. Recod of Use During mj sg -,vent. The Emergency Supplier shall create a record of each occurrence of Emergency Service, a copy of which shall be provided to Customer upon request and along with the invoice for the occurrence of Emergency Service. The Customer will collect and report the meter reading daily to the Emergency Supplier when Emergency Service continues for more than two consecutive days. E. limited gppIv. The Emergency Supplier shall use its best efforts to supply Customer with Lake Water. Customer acknowledges that the Emergency Supplier may have other emergency service customers. There shall be no liability to the Emergency Supplier should they be unable to supply water to a Customer during a Water Emergency or at any other time. F., ',\Iamler c)f' ()PtLration and i� [,tinteirince. The Emergency Water System Interconnection Improvements shall be operated and maintained by customer in such a manner as at no time to place or threaten to place Emergency Supplier or a waterworks system in jeopardy of failing to meet the regulations of any agency or governmental authority having jurisdiction over the operation of a public water supply. In addition, the Emergency L-1 Water System Interconnection linprovernetiLs shall be operated and maintained in such a manner as at no time to place or threaten to place ffic Emergency Supplier, or the Customer, in jeopardy of failing to meet the terms of tlidir respective source contracts. G. ( .) U I I �� srcm hircl-conn [TV], CITICW�;. The Emergency Water Systern Interconnection Improvements shall be placed into operation on. a routine basis to maintain the integrity of the improvements. All parties reserve the right to suspend or terminate any service in the event it determines there is a pressure or water quality threat to waterworks system. A] parties shall be notified at least one week prior to any planned non -emergency use, H. Duration KFC Int nerm,nn-��, � C n el q ('miditions, Emergency Service for each such qualified Emergency Use of Water event shall be provided by the Emergency Supplier for only so long as the qualified Emergency Use of Water event exists, and the Emergency Supplier is able to meet those needs, but in no event longer than 30 dabs for each such qualifying Emergency Use of Water event, except as otherwise allowed bj, this Agreement or agreed by the parties. Provided, however, the flow rate from NWC to the Village shall not exceed 7.014 GD and the flow rate from NS%1JAWA to NL WC shall not exceed 7.0 NIGD, If the Customer's failure or refusal to maintain the Customer System as required by this Agreement results in repeated or excessive Emergency Service, as determined by the Emergency Supplier in its reasonable discretion, the Emergency Supplier may, (i) upon 60 dans written notice, reduce or discontinue delivery of Lake Water to Customer until the Customer System is repaired or (ii) terminate this Agreement on 90 days advance written notice to Customer unless the parties agree in writing to an alternative remediation plan. In the event a Customer has repeated or excessive Emergency Service hereunder, as determined by the Emergency Supplier in its reasonable discretion, the Emergency Supplier shall have the right to demand Customer submit and follow a reasonable written remediation plan. Failure to follow the remediation plan may result in terrrunation of this Agreement on 60 days advance written notice to Customer. Upon delivery of any such notice of termination, all amounts to be paid by Customer to the Emergency Supplier under this agreement, shall be immediately due and payable to the Emergency Supplier. The Emergency Supplier may, in its discretion, provide Emergency Service beyond the limitations set forth in this subsection. Section 7. 5p, g cial Cot 1&jtions and_CQrrra nt A. .onst uction of'] nterconnectionFacibucs. All parties will make a diligent effort to have the Emergency Water System Interconnection Improvements completed by the dates specified in Section 3 of this Agreement, but none of the parties do, in any way, hereby guaranty completion by such times. B. Lake _(Jolyl, Except with the prior approval of Customer, the Emergency Supplier shall not deliver any water to the Customer system other than Lake Water. CTide. to - Lake. -A..'a-ter. Title to all Lake Water supplied hereunder shall remain with the Emergency Supplier to the point of delivery and thereupon shall pass to Customer. D. W;uer The Emergency Supplier shall, to the extent reasonably practicable, provide the Emergency Service at a quality commensurate to that furnished to its non- emergency customers. The Emergency Supplier bears no responsibility for the contamination of Lake Water or deterioration of water quality occurring beyond the point of delivery to Customer. Customer shall be responsible for water treatment after the point of delivery. E. \113int(ethl-Uccpay 't tm of C xi8i2L '111. Customer shall operate their water system and the Emergency Water System Interconnection Improvements to meet regulatory requirements. Customer shall be responsible for the continuity- ., care, conservation, preservation, operation and maintenance of their 'internal water system and the Emergency Water System Interconnection Improvements. Customer shall perform such maintenance, repair, preservation, and replacement of any and all parts or portions thereof necessary to restore or preserve the Emergency Water System Interconnection Improvements to deliver water and function reliably as originally designed. The Emergency Supplier and Customer shall notify each other of known issue-, that are likely to Impact service under this Agreement. Customer shall own and maintain their internal water system and the Emergency Water System Interconnection Improvement, in good repair and working order. In the event of any deterioration, injury, damage or other loss to the Customer's internal water system or the Emergency Water System Interconnection, repairs shall commence promptly. The Emergency Supplier shall have the right to terminate service at any time and for any reason. In the event of a discontinuance, the Emergency Supplier shall use best efforts to provide the Customer with 24 hours' notice in advance of the discontinuance. 1-. Maintenance 1Ertl 4.tle rtztrt�,) (:S 1]onnection Facilities. NWC shall at its sole cost and expense maintain its supplier connection facilities and the Emergency Water supplier System Interconnection Improvements in accordance with the same conditions as in paragraph E above. In addition, and if applicable, the backflow preventer shall be inspected once a year by a certified cross connection control device inspector. A copy of the inspection report shall be delivered to NSNIJAWA within thirty (30) days of the inspection. The Village shall at its sole cost and expense maintain its supplier connection facilities and the Emergency Water System Interconnection Improvements in accordance with the same conditions as in paragraph E above. In addition, and if applicable, the backflow preventer shall be inspected once a year by a certified cross connection control device inspector. A copy of the inspection report shall be delivered to NWC within thirty (30) days of the 'inspection. Access. In the event that either party fails to maintain any of the interconnection facilities pursuant to the terms of this Agreement, then in addition to any and all other remedies pursuant to this Agreement each party shall be provided reasonable access to 8 10 the other's interconnection facilities in order to perform said maintenance at the cost of the non rnaintaiiiing party. Section 8. 1 %urance. The NWC and the Village each shall procure and maintain, at their sole cost and expense, during the Work, a policy or policies of insurance with a company or companies authorized to do business in Illinois that insure each party against general liability, fire, casualty, theft and property damage caused by the entity retained to do the work, along with its employees and contractors. The coverage amounts for the insurance policy or policies for each party shall be 51,000,000.00 per occurrence and $2,000,000,00 in the aggregate. The NWC and the Village shall be named as a primaryinsuredon the insurance policies. NSNfJAWA shall be listed as additional 'insured on the Insurance policies. The NWC and the Village will provide Certificates of Insurance to all parties, if requested. Once d -ie Work, i.e., the construction is completed, this Insurance requirement terminates. Section 9. Release. NWC hereby releases the Village and all of their elected and appointed officials, officers, employees, agents, representatives, engineers and attorneys, from: (i) any liabilities for any loss or damage to property or any Injury to, or death of, anv person that may be occasioned by or related to any cause whatsoever Pertaining to the construction, maintenance, use or operation of the Customer system or the Emergency Water System Interconnection Improvements; or (ii) any liabilities, losses or damages, or claims therefor, arising out of the failure, or claimed failure, of Customer to comply with its covenants or obligations contained in this Agreement; or (iii) any liabilities, losses or damages, or claims therefor, arising out of the delay, or claimed delay, in the commencement of, or the failure to provide, Emergency Service to Customer in the event of an emergency condition, including, in each such case, attorneys' fees and administrative expenses, except in each case to the extent caused by Emergency Supplier's negligence. NTWC agrees to indemnify and hold the Village harmless to the fullest extent permitted by law from any losses, costs, charges, expenses (including attorneys' fees and administrative expenses), judgments and liabilities incurred by the Village in connection with any action, suit or proceeding instituted or threatened by any third party in connection with this Agreement or the matters mentioned in this Subsection, except in each case to the extent caused by the Village's negligence. If any such claim is asserted, the Village shall give prompt notice to NWC, and NWC, if requested by the Village, shall assume the defense thereof, it being understood, however, that NWC shall not settle or consent to the settlement of any such claim without the written consent of the Village. Nothing contained in this Agreement shall constitute a waiver by the Village of any right, privilege or defense available to the Village under statutory or common law, 'including, but not limited to, the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., as amended. Likewise, the Village hereby releases the NWC from, and agrees that same shall not be liable or responsible for, and agrees to indemnify and hold the same, and all of its elected and appointed officials, officers, employees, agents, representatives, engineers and attorneys, harmless from: (i) any liabilities for any loss or damage to property or an), 'injury to, or death of, any person that may be occasioned by or related to any cause whatsoever pertaining to the construction, maintenance, use or operation of the Customer system or the Emergency Water System Interconnection Improvements; or (ii) any liabilities, losses or damages, or claims therefor, arising out of the failure, or claimed failure, of Customer to comply with its covenants or obligations containedin this agreement; or (iii) any liabilities, losses or damages, or claims therefor, arising out of the delay, or claitaned delay-, in the commencement of, or the failure to provide, emergency- serf -ice to Customer in the event of an umergcricy condition, including, ii -i each such case, attorneys' fees and administrative. expenses, except in each case to the extent. caused by Emergency Supplier's negligence. 'The Village agrees to tndernnify and hold the NWC harmless to the fullest extent permitted by last= frorn any losses, costs, charges, expenses �Includirrg attorneys` fees and administrative expenses), judgments and liabilities incurred by NWC, in connection ttid-i arry action, suit or proceeding instituted or threatened by any third party in connection with this Agreement or the matters mentioned in this Subsection, except in each case to the extent caused by NWC's negligence. If any such claim is asserted, the rvN°�xi"C shall gite prompt: notice to the Village, and the Village, if requested by- NWC, shall assume the defense thereof; it being understood, however, that the Village shall not settle or consent to the settlement of an such claim without the written. consent of NWC. Nothing contained in this Agreement shall constitute a waiver by NWC of any right, privilege or defense at~adable to NWC under statutory- or: comnion law, including, but not limited to, the Illinois Local Governmental and Governmental Employees Fort Immunity Act, 745 ILCS 1.0/1-101 et seq., as amended. Section bywom A,t �b' of WIrcr .�uppLl�.Lt'When the Village receives Emergency Service from NkX`C, the Village shall pay to NWC", at the time specified in paragraph B below, for the cost of Lake Water supplied at a water rate stated as dollars or cents per 1,000 gallons that is equal to the NWC Rate per 1,€:1007 Gallons. When. NWC receives Emergency Service from. NS-MIAWA, NWC shall pay to NS-NM)AWA, at the turie specified below, for the cost of bake Water supplied at a water rate stated as dollars or cents per 1,0070 gallons that is equal to the NSNI]Ay,W'A Nate per 1,000 Gallons thenin effect at the time: of delivcry. B. 'Bills and I:yuc Qgc. The Emergency Supplier shall notify Customer of the total amount due from Customer under this Agreement for each month on or before the 20th day of the following month. Payment shall be due within 30 days after the date of notification. C. L!642u tee Pctt 1- t-& If Customer desires to dispute any payment, or part thereof, due or claimed to be due under this Agreement, Customer shall nevertheless pay the full amount of any such payment when due and include with such payment written notification to the Emergency Supplier that charges are disputed, the grounds for dispute and the amount in dispute. Noadjustment or relief on account of any disputed charges shall be made unless disputed charges are the subject of such notice within the time herein specified, or within a reasonable period from the time Customer knew or should have known of the facts giving rise to the dispute. It is expressly understood and agreed that no dispute over payments due or claimed to be due under this Agreement shall be referred to arbitration or review or settlement.'Upon receipt of a notification of dispute, representatives of the Emergency Supplier shall meet promptly with representatives of Customer to resolve such dispute. If the Emergency Supplier and customer determine that all or a portion of the disputed payment should be refunded to customer, then such sum shall be refunded within 45 days of said determination. 10 12 D. L 111. � A"', I �,�rdu : it t r civ� 4 If Customer shall fail to make an)r payment required under this Agreement on or before its due date, Customer shall be in default, and interest on the arnount of such payment shall accrue at Go annual interest. if a Customer is more than 60 days delinquent, the Emergency Supplier may reduce or discontinue delivery of Lake Water to the Customer systern upon 10 days advance written notice until the amount due, including interest, is paid in fufl. If the Emergency Supplier reduces or discontinues the deliv en, of Lake Water under such circumstances, Customer shall nevertheless continue to be liable to pay all charges provided for herein. The rights specified in this Agreement shall be in addition to all other rights and remedies available to the Emergency Supplier under d-iis agreement, at law, or in equity for breach of any of the provisions of this Agreement. Section 11.AssigLyqihili,�y No party to this Agreement shall assign or transfer this Agreement or any rights or interests herein without the advance written consent of all of the other parties to this Agreement, except as provided in section B. below. B. The right to receive all payments that are required to be made by Customer to the supplier in accordance with the provisions of this agreement rna3, be assigned by the Emergency Supplier to any trustee as provided in any bond ordinance to secure the payment of the principal of and the premium, if any, and interest on the bonds as those amounts come due, subject to the application of those payments as may be provided in any bond ordinance. Customer, upon notice of assignment to any such trustee, shall make all payments directly to such trustee. Further, the rights of the Emergency Supplier to enforce the provisions of this Agreement may be assigned to any such trustee and, in such event, such trustee shall have the right to enforce this Agreement at law or in equity with or without the further consent or participation of the Emergency Supplier. The Emergency Supplier also may retain the right to enforce this Agreement. Section 12. R A. All parties to this Agreement seek to exercise and maintain all sovereign rights granted to it under and through the Constitution and laws of the State of Illinois. This Agreement shall be subject to all valid rules, regulations and laws applicable hereto passed or promulgated by the United States of America, the State of Illinois, any governmental body or agency having lawful jurisdiction, and any authorized representative or agent of any of them; provided, however, that this clause shall not be construed as waiving the right of any party to challenge the validity of such rule, regulation or law on any basis, including the impairment of this Agreement. Section 13. (knerkl Provisio. A.(Lv-N—et, This Agreement shall be interpreted under, and governed by, the laws of the State of Illinois. Any claim, suit, action or proceeding brought in connection with this Agreement shall be in the Circuit Court of Cook County, Illinois, and the NWC, NSIMJAWA, and the Village consent to the personal and subject matter 11 13 jurisdiction of said Circuit Court and waive ant- claim that venue therein is not proper. B. (if thi., 1P This Agreement shall not be modified, altered, or amended in any way except in writing agreed upon by the NWC, NSMJAWA, and the Village. Noticlels,. All written notices made pursuant to this Agreement shall be directed to the specified inchviduals at the addresses set forth below by any of the following means: personal service, overnight courier or First class mail, postage pre -paid. D. \o Wa'ver Of IMMUnii. Nothing contained in this Avreement shall constitute a waiver by the an.5, part- of any right, privilege or defense available to the any party under statutory or common law, including, but not limited to, the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 fLCS 10/1-101 et seq., as amended. TO THE NORTHWEST WATER COMMISSION: Executive Director Northwest Water Commission 1525 North Wolf Road, Des Plaines, Illinois TOTHE' \,'ILLAGE OF MOUNT PROSPECT: Village Manager Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 6005 TO THE NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY: Executive Director Northwest Suburban Municipal joint Action Water Agency 901 Wellington Avenue, Elk Grove Village, Illinois 60007 Section 14. Effective Dajg,,_Lgkm,Aqdj i� ig &tip. :_rL L!j, p A. L.�,.ffcctjve Date. This Agreement shall be effective upon authorization and execution by all parties hereto. B. Term. After taking effect, this Agreement shall continue in force and effect for a term of tvvmt�: , _QU) I, , plus two (2) 10 -year extensions unless extended upon prior written approval of all parties. Each Emergency Supplier has the right to terminate this Agreement upon one-year written notice to the Customer. If a Emergency Supplier is not reasonably able to provide said one-year written notice, Emergency Supplier shall give written notice as soon as reasonably possible. C. Termination. In addition to the termination rights otherwise provided for earlier in this 12 14 hgreen-ieiat, rria), be sooner te.riinared f.)Y any party, hi its reasonable discredon, (A) at ariv uime when. the terms, condii ic)ns and b.rnirationr..)f d"Us Agrc,.etnenL I are not satisfied and ofie or more of the oJ).er parties fail to cure su.ch breach within njnety7(90) days a frer a writteri notice, or i (i) as odi.envlse provided in dais Agrr..,einenr. In the event ofany sucla tern.-iination, 2.11 parties shall have flee right, but nott.hc obligation, to disconnect at t.hc disc onne cting party -'s sole cost and expense frorn i 1.1e Emergency Water Systern. Inte.rconnecdcxn. Tinprovemen.Ls. kll paYnaerit obliga�dons and all rept-esentations, warr-antles, re leases, and fliderrintries shall survive any such rertnination. The nights specified in (:his prer I maent shall be addition to all. (-.)ther rights or remedies available under thus ;kgreetnent, ait law or in equity f.(:,)r bseac-h of any provision of this ,Np,reement. Section 15. Exhib.4-S_L4vQrPQrI' , V) Is -hibllv� \ L�' I g�' . - h _wt: --a L� " to this '�grreernerit are ereb.), fully incorporated Into th.' ,kgreerrierit as substantive Provisio.t.1" C..)f thi.s., Agrev.11el'it, Sectioril.6. El'ntire A. This Agreement constitutes the entire Agreement between the NWC, NSNIJ AWA, and the Village and supersedes and replaces any, and every other prior or contemporaneous agreement, negotiation, understanding, commitments and/or other writings with respect to the subject matter herein. 13 15 IN WITNESS WHEREOF, the Northwest Water Commission, the Northwest Suburban Munic'y,al !oint Action Water Agen to be executed by their respective officials on the dates mcated. T, w" ommissi(,.)N T VIGEOFMOUNT PROSPECT "JORI'l I V,' , Mayor Director This day of 2022 This Q—day-rt-6i-h4te' 2022 NOKI I THWESTSUBURBAN JOINTAC-1.10N WA.'I'ER A(.-"'T-..T,1'4CY Executive Director This—day ®f , 2022 14 16 This page is intentionally blank. 15 17 E C 1000 W 00 3> Ca ra N 0 A _ mo U- r CL z 'D (D ao cl U > E LU 0 tu 0 cc 2 M u LO 3: LP 0 Ln > 0 0 CL Lzi IOU UJ J: 8- r LA E 0 r4 ''* r, V. u 2. ai 2! nr E r 3ui OU E x R 0 z 0 0 06 CL Z 0. 0 0 Ix LLJ 41 ----------- x Ln LU z 2 lu E to -0 r Y a m , 'T N CL > 0 r-4 = 0 'D 6 o3: dc 0 -lu ''^,un 'a cc E rn 41 w t 0 2 w EL co o '00 0 0 CL Ln o 0 TO Iu CL CL Z 0 CL. x Z O d 44k IJ r4 0 tw 2 to x u co x m . 2 Z en v rn Village of Mount Prospect Exhibit B SEMINOLELN Water Mains ......... IED Y p .1 1.- 2022 8y JW 19 VOMP OWNED WATER MAINS m.E 20 ............ ...... ........ Lu > L) zLd < LL _.. LL z 0 Z C) L) tic 0< LLI L4 U LLI z Lu Ln Z 0 0 p L) —j z 0 di E 0 p -0 t X 0 0 CL Z m Z 2 m X LLJ I -0 u Z F:6,lhlt fl Village of Mount Prospecl 3 NDrlftw sl Walcr Commission Emergency %Nater System Interemnneclion Engineer% Opinlon of Probable Construction Costs ...... .. .. ...... _............ .� .....� Tot at IAN C Ofmv. 22 INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement (the "Agreement") is made and entered into by and between the Northwest Water Commission ("NWC"), the Northwest Suburban Municipal Joint Action Water Agency ("NSMJAWA) and the Village of Mount Prospect, an Illinois municipal corporation (the "Village' (collectively "Parties"). RECITALS WHEREAS, the 1970 Constitution of the State of Illinois, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 etseg., authorizes and encourages intergovernmental cooperation; and WHEREAS, the NWC, NSMJAWA, and the Village are units of government, or instrumentalities and/or agencies of local government, within the meaning of the 1970 Constitution of the State of Illinois, Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, the NWC operates a waterworks System to transport Lake Michigan water purchased from the City of Evanston to the water systems of its members and customers; and WHEREAS, NSMJAWA operates a waterworks System to transport Lake Michigan water purchased from the City of Chicago to the water systems of its members and customers; and WHEREAS, the Village owns and operates a waterworks system that normally and customarily receives its drinking water supply from NSMJAWA; and WHEREAS, the NWC and the Village jointly conducted engineering and feasibility studies regarding an emergency water system interconnection by and between the NWC and the Village that could supply either Party with water in an emergency situation; and WHEREAS, the NWC, NSMJAWA, and the Village collectively agree that the most effective and beneficial emergency water system interconnection design utilizes existing NSMJAWA piping as depicted in Exhibit A to transfer water between NWC and the Village; and WHEREAS, the NWC and the Village entered into an intergovernmental agreement to prepare final design engineering plans and specifications for construction of a water system interconnection by and between the NWC and the Village utilizing existing NSMJAWA piping that could supply either the NWC or the Village with water in an emergency situation; and WHEREAS, the NWC, NSMJAWA, and the Village now believe it would benefit their mutual interests to construct and operate an emergency water interconnection between NWC and the Village, using existing NSMJAWA piping; and 1 23 WHEREAS, the NWC, NSMJAWA, and the Village also find it is in their interests to enter into an agreement setting forth their understanding for sharing the costs, expenses, and other obligations related to the `Fork and to the operation of the emergency water system interconnection. WHEREAS, by the execution of this Agreement, the NWC, NSMJAWA, and the Village retain rights to ownership and operation of their respective water system, except as expressly provided for, and only to the limited extent so provided for in this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the NWC, NSMJAWA, and the Village Hereto agree as follows: Section 1. Incorporation of Recitals. The above recitals are incorporated into this Agreement as if fully set forth herein. Section 2. Definitions. The following words and phrases shall have the following meanings when used in this agreement: A. "Agreement" means this emergency interconnection intergovernmental agreement. B. "NWC Rate" means the applicable retail customer rate as established from time to time by NWC. This is the rate paid by the Village of Mount Prospect to the NWC when the former receives water through the emergency water system interconnection. The current rate is $1.99 per 1,000 gallons (May 2022), subject to annual amendment by NWC based on a pro -rata increase of NWC's cost of water or reasonable operation costs. Written notice of any annual amendment shall be provided to the Village along with all documentation justifying the increase. This rate is based on a (1) capital charge based on current capacity which is presently $0.69/1000 gallons; (2) operation and maintenance costs of the NWC based upon actual usage which is presently $1.30/1000 gallons; and (3) cost charged by the City of Evanston, that are not included in the operation and maintenance costs charged pursuant to item (2) above (collectively the "rate formula"). The adjustment to the rate will be examined by the NWC and subject to adjustment by the NWC pursuant to the rate formula set forth herein. The unit of measure for potable water delivered shall be gallons of water, U.S. standard liquid measure, and all measuring devices shall be so calibrated unless the NWC and the Village agree otherwise in writing. Should it become necessary or desirable to use other units of measure, the basis of conversion shall be that 7.48 gallons is equivalent to one cubic foot. C. "NSMJAWA Rate" means the applicable average monthly retail customer rate charged by NSMJAWA. This is the average rate paid by NSMJAWA member communities during the time period the NWC receives water through the emergency water system interconnection. The rate for May 2022 was $5.93 per 1,000 gallons. D. "Customer System" means the waterworks system that receives potable water from an Emergency Supplier. For the purposes of this agreement, both NWC and the Village can act as customer systems. That is, both systems can receive water through the emergency water system interconnection. The Village's customer system is described in Exhibit B. The NWC's customer system is described in Exhibit C. NSNIJAWA is not considered a customer system. E. "Customer" means the party receiving potable water from an Emergency Supplier. F. "Connection Facilities" means those portions of the Customer System between the 24 point of delivery and influent side of the Customer's existing waterworks, which facilities are depicted as Exhibit D to this Agreement. Upon completion of the Emergency Water System Interconnection Improvements, NWC will own and maintain its Connection Facilities and the Village will own and maintain its Connection Facilities. G. "Emergency Use of Water". Upon completion of the Emergency Water System Interconnection Improvements, NWC and the Village shall be authorized to utilize the Emergency Water System Interconnection Improvements to supplement their respective potable water supply during emergency use of water events by drawing upon the potable water supply made available to each via the Emergency Water System Interconnection Improvements and subject to the terms set forth herein. Specifically, the NWC can receive Emergency Service from NSMJAWA via the Emergency Water Service Interconnection Improvements. The Village can also receive Emergency Service from NWC via the Emergency Water Service Interconnection Improvements. For the purposes of this Agreement, NSMJAWA is not an intended recipient of Emergency Service For the purposes of this Agreement, an "Emergency Use of Water" event shall be defined as a temporary period of time, not to exceed 30 days, during which either the NWC or the Village anticipates not being able to meet operating needs without the use of such emergency interconnect. H. "Emergency Service" means all water supplied to a Customer System, either NWC or the Village, pursuant to this Agreement. I. "Emergency Water System Interconnection Improvements" includes the Connection Facilities owned and maintained by NWC, the Connection Facilities owned and maintained by the Village, and the Connection Facilities jointly owned by both the NWC and the Village. It also includes all of the tasks delineated in Section 3 (scope of the work). J. "Emergency Water System Interconnection Improvements Cost" means (a) the full actual cost incurred by the all reasonable legal, engineering, consulting and administrative fees, costs and expenses associated therewith, and the full actual cost incurred in connection with the final design, bidding, contracting, managing and actual construction of the Emergency Water System Interconnection Improvements, including without limitation equipment required for the operation of the reasonable administrative, supervisory, inspection, engineering, surveying and legal fees, costs and expenses associated therewith; (b) the acquisition of lands, easements and rights of way over lands and waters necessary for the Emergency Water System Interconnection Improvements, and all reasonable administrative, title, surveying and legal fees, costs and expenses associated therewith; and (c) mutually agreed reasonable costs for the review and processing of plans and agreements for the Emergency Water System Interconnection Improvements, including without limitation all legal, engineering, consulting and administrative fees, costs and expenses associated therewith. K. "Lake Water" means potable, filtered water drawn from Lake Michigan. L. "Point of Delivery" means the point at which the Lake Water delivered to a Customer pursuant to this Agreement enters the Connection Facilities. The point of delivery shall be at a point 10 feet south of the outside wall of the vault containing the water meter. M. "Source or Emergency Supplier" means the party that is supplying water to Customer 3 25 Systems pursuant to the terms of this agreement. If NSMJAWA is supplying water to NWC via the Emergency Water System Interconnection Improvements, then NSMJAWA is the source. If NWC is supplying water to the Village via the Emergency Water System Interconnection Improvements, then NWC is the source. N. "Source Contract" can refer to either the water supply contract, dated March 4, 1981, between the NWC and the City of Evanston, as amended or supplemented from time to time if NWC is the source. It can also refer to the water supply contract between NSMJAWA and the City of Chicago as amended or supplemented from time to time if NSMJAWA is the source O. "Unit of Measurement. The unit of measurement for lake water delivered hereunder shall be gallons of water, U.S. standard liquid measure, and all measuring devices shall be so calibrated unless the NWC, NSMJAWA, and the Village otherwise agree. Section 3. Scope of the Work. The Parties agree that the general purpose of the Work shall be to construct and make operational an emergency water system interconnection between the NWC and the Village that uses existing NSMJAWA infrastructure. The Work will be constructed in a manner that generally complies with the water system interconnection concept depicted in the Process Flow Diagram enclosed as Exhibit A. Specific tasks for the Work shall include: A. Preparation of bid documents necessary, to secure competitive public bids for the construction of the emergency water system interconnection. B. Bid evaluations and award recommendation. C. Acquisition of requisite permanent or temporary property. D. Obtain requisite permits and/or regulatory agency authorizations. E. Construction engineering and inspection. F. Project management. G. Construction of the `Fork. H. Public relations and public information including press releases, project website development, social media, and public meetings. I. Commissioning, operation, maintenance of emergency water system interconnection. Section 4. Measuring Equipment. A. Flow Meter. As part and parcel of the Emergency Water System Interconnection Improvements, a bi-directional water meter shall be furnished and installed at the meter vault prior to the commencement of any flow through the improvements. The flow meter shall meet the standards of the American Waterworks Association for measuring properly the quantity of lake water delivered under this agreement. NWC, NSMJAWA, and the Village shall have access to the flow meter for examination, inspection, calibration, and adjustment at reasonable times, but the reading for billing purposes shall be collected by the Village and sent to NWC and NSMJAWA, as appropriate, each month. The Village shall keep an official record of the readings taken from the flow meter; a copy of which record shall be provided to NWC or NSMJAWA upon request. At least once in each calendar year, the Village shall test and calibrate the flow meter measuring the lake water delivered to the Village system as well as the quantity of lake water delivered to NWC by NSMJAWA. NWC and NSMJAWA, if they choose, along with the Village, shall jointly observe any adjustments that are made to the flow meter in case any adjustments shall be necessary. If any backflow prevention devices have been installed, then such backflow prevention devises shall be tested at least every 12 months by the Village in the presence of a representative of either NWC or NSMJAWA representatives, if they choose, and the Village will make any repairs and replacements of the backflow prevention devises in case any adjustments shall be necessary. The Village will submit all backflow test results to NWC and NSMJAWA as appropriate. NWC and the Village shall share equally in the cost of testing, calibration, repairs, maintenance, and of meters. B. Meter Malfunctions. If the NWC, NSMJAWA, or the Village, at any time observe evidence of flow meter malfunction, such party shall promptly notify the other parties, and all parties, collectively, shall then cooperate to procure an immediate calibration test and such adjustment, replacement or other work necessary to return the flow meter to accuracy. The party who discovers such variation or malfunction shall give the other parties notice not less than 48 hours prior to the time of any test of any meter (which tests shall be conducted during normal working hours) so that the other parties may conveniently have a representative present. If such representative is not present after the required notification at the time set in such notice, calibration and adjustment may proceed in the absence of said representative notwithstanding any other provision of this subsection. If the percentage of' inaccuracy of the flow meter is found to be in excess of two percent, registration thereof shall be corrected by agreement of NWC, NSMJAWA, and the Village, collectively, and based upon the best data available, for a period extending back to the time when such inaccuracy began if such time is ascertainable, or for a period extending back one-half of the time elapsed since the last date of calibration (but in no event further back than a period of six months) if such time is not ascertainable. If for any reason the flow meter is out of service or out of repair so that the amount of lake water delivered cannot be ascertained or computed from the reading thereof, then the lake water delivered during the period the flow meter is out of service or out of repair shall be estimated: 1. By correcting the error if the percentage' of the error is ascertainable by calibration tests or mathematical calculations; or 2. If the error is not ascertainable by calibration tests or mathematical calculation, by estimating the quantity of delivery by considering the quantity consumed by the receiving party's own customers as measured by the meters located on their premises as well as level changes in the receiving party's water storage facilities. Section 5. Sharing of the costs, fees, and expenses of the Work. NWC will pay 50% of items 1,2,3,6,7,8,12,13,14 and 16 thru 28 and 100% of items 11,30„ 35 set forth on Exhibit E which totals $1,710,033.52 or 29 % of the actual costs, fees, and expenses for the Emergency Water System Interconnection Improvements costs (the `Fork). It being further expressly understood and agreed that the engineering costs incurred prior to the date of this Agreement are governed by a separate agreement between the parties. Estimates of these expenditures are set forth in the Engineer's Opinion of Probable Construction Cost prepared by Burns & McDonnell consulting engineers and enclosed as Exhibit E. The Work shall be publicly bid. The bid documents shall provide for the right to reject all bids for any reason. In addition, if the bid amount of the Work exceeds the Engineers Estimate (Exhibit E) then each party to this Agreement shall have the right to reject said bids and terminate the Agreement. The NWC and the Village agree the Party that contracts for the Work shall pay for it and the non -contracting Party shall reimburse the contracting Party for one half of the cost within forty five (45) days after receipt of written notice the reimbursement is required. Furthermore, all Parties agree that NSMJAWA is a party to this Agreement, but shall not be responsible for the cost, fees, and expenses of the Work. NWC and the Village further agree to hold NSMJAWA harmless from any and all claims for personal injury or property damage arising out of or related to the Work, including any damage to the NSMJAWA system. 5 27 Section G. Operation of the Interconnection Facilities. A. Connection of the Emergency Water System Interconnection Improvements. Flows of Emergency Service from NSMJAWA to NWC shall be delivered through pressure reducing valve(s) at pressure and flow rates mutually agreed upon by NWC and NSMJAWA. Flows of Emergency Service from NWC to the Village shall be provided vith air gap protection or backflow prevention. The Emergency Supplier shall not be responsible for any damage to the Customer's waterworks system caused by the design, operation, or maintenance of the Customer's waterworks system. The Customer shall be solely responsible for delivering potable water through its system at pressures required or necessary to make such delivery. B. Conditions. The Emergency Water System Interconnection Improvements shall be utilized as specified in this Agreement unless otherwise approved, in writing, by the Emergency Supplier(s), pursuant to the sequence of operations set forth herein. Notice of Emergency Use of Water Event. Customer shall give telephonic notice to the Emergency Supplier of the need to declare an emergency use of water event, the expected duration of Emergency Use of Water event and the amount of Lake Water needed during the Emergency Use of Water event prior to the operation of the Emergency Water System Interconnection Improvements. The Emergency Water System Interconnection Improvements shall not be operated unless and until Customer shall have given said notice to the Emergency Supplier. C. Notices During Emergency Use of Water Event. Customer shall provide daily telephonic notice to the Emergency Supplier for so long as Emergency Service continues during an Emergency Use of Water event and shall provide telephonic notice to the Emergency Supplier before final shut-off of Emergency Service for each such Emergency Use of Water event. D. Record of Use During Emergency Use of Water Event. The Emergency Supplier shall create a record of each occurrence of Emergency Service, a copy of which shall be provided to Customer upon request and along with the invoice for the occurrence of Emergency Service. The Customer will collect and report the meter reading daily to the Emergency Supplier when Emergency Service continues for more than two consecutive days. E. Limited EmergenceSunt2ly. The Emergency Supplier shall use its best efforts to supply Customer with Lake Water. Customer acknowledges that the Emergency Supplier may have other emergency service customers. There shall be no liability to the Emergency Supplier should they be unable to supply water to a Customer during a Water Emergency or at any other time. F. Manner of Operation and Maintenance. The Emergency Water System Interconnection Improvements shall be operated and maintained by customer in such a manner as at no time to place or threaten to place Emergency Supplier or a waterworks system in jeopardy of failing to meet the regulations of any agency or governmental authority having jurisdiction over the operation of a public water supply. In addition, the Emergency Water System Interconnection Improvements shall be operated and maintained in such a manner as at no time to place or threaten to place the Emergency Supplier, or the Customer, in jeopardy of tLl failing to meet the terms of their respective source contracts. G. Operation of Emergence Water System Interconnection Improvements. The Emergency Water System Interconnection Improvements shall be placed into operation on a routine basis to maintain the integrity of the improvements. All parties reserve the right to suspend or terminate any service in the event it determines there is a pressure or water quality threat to waterworks system. All parties shall be notified at least one week prior to any planned non -emergency use. H. Duration of Emergency Service, Limits on Emergency Conditions. Emergency Service for each such qualified Emergency Use of Water event shall be provided by the Emergency Supplier for only so long as the qualified Emergency Use of Water event exists, and the Emergency Supplier is able to meet those needs, but in no event longer than 30 days for each such qualifying Emergency Use of Water event, except as otherwise allowed by this Agreement or agreed by the parties. Provided, however, the flow rate from NWC to the Village shall not exceed 7.0 MGD and the flow rate from NSMJAWA to NWC shall not exceed 7.0 MGD. If the Customer's failure or refusal to maintain the Customer System as required by this Agreement results in repeated or excessive Emergency Service, as determined by the Emergency Supplier in its reasonable discretion, the Emergency Supplier may, (i) upon 60 days written notice, reduce or discontinue delivery of Lake Water to Customer until the Customer System is repaired or (ii) terminate this Agreement on 90 days advance written notice to Customer unless the parties agree in writing to an alternative remediation plan. In the event a Customer has repeated or excessive Emergency Service hereunder, as determined by the Emergency Supplier in its reasonable discretion, the Emergency Supplier shall have the right to demand Customer submit and follow a reasonable written remediation plan. Failure to follow the remediation plan may result in termination of this Agreement on 60 days advance written notice to Customer. Upon delivery of any such notice of termination, all amounts to be paid by Customer to the Emergency Supplier under this agreement, shall be immediately due and payable to the Emergency Supplier. The Emergency Supplier may, in its discretion, provide Emergency Service beyond the limitations set forth in this subsection. Section 7. Special Conditions and Covenants. A. Construction of Interconnection Facilities. All parties will make a diligent effort to have the Emergency Water System Interconnection Improvements completed by the dates specified in Section 3 of this Agreement, but none of the parties do, in any way, hereby guaranty completion by such times. B. Lake Water Only. Except with the prior approval of Customer, the Emergency Supplier shall not deliver any water to the Customer system other than Lake Water. C. Title to Lake Water. Title to all Lake Water supplied hereunder shall remain with the Emergency Supplier to the point of delivery and thereupon shall pass to Customer. D. Water Quality. The Emergency Supplier shall, to the extent reasonably practicable, provide the Emergency Service at a quality commensurate to that furnished to its non -emergency customers. The Emergency Supplier bears no responsibility for the contamination of Lake Water or deterioration of water quality occurring beyond the point of delivery to Customer. Customer shall be responsible for water treatment after the point of delivery. E. Maintenance and Operation of Customer S, s� Customer shall operate their water system and the Emergency Water System Interconnection Improvements to meet regulatory requirements. Customer shall be responsible for the continuity care, conservation, preservation, operation and maintenance of their internal water system and the Emergency Water System Interconnection Improvements. Customer shall perform such maintenance, repair, preservation, and replacement of any and all parts or portions thereof necessary to restore or preserve the Emergency Water System Interconnection Improvements to deliver water and function reliably as originally designed. The Emergency Supplier and Customer shall notify each other of known issues that are likely to impact service under this Agreement. Customer shall own and maintain their internal water system and the Emergency Water System Interconnection Improvement, in good repair and working order. In the event of any deterioration, injury, damage or other loss to the Customer's internal water system or the Emergency Water System Interconnection, repairs shall commence promptly. The Emergency Supplier shall have the right to terminate service at any time and for any reason. In the event of a discontinuance, the Emergency Supplier shall use best efforts to provide the Customer with 24 hours' notice in advance of the discontinuance. F. Maintenance and Operation of Supplier Connection Facilities. NWC shall at its sole cost and expense maintain its supplier connection facilities and the Emergency Water System Interconnection Improvements in accordance with the same conditions as in paragraph E above. In addition, and if applicable, the backflow preventer shall be inspected once a year by a certified cross connection control device inspector. A copy of the inspection report shall be delivered to NSMJAWA within thirty (30) days of the inspection. The Village shall at its sole cost and expense maintain its supplier connection facilities and the Emergency Water System Interconnection Improvements in accordance with the same conditions as in paragraph E above. In addition, and if applicable, the backflow preventer shall be inspected once a year by a certified cross connection control device inspector. A copy of the inspection report shall be delivered to NWC within thirty (30) days of the inspection. G. Access. In the event that either party fails to maintain any of the interconnection facilities pursuant to the terms of this Agreement, then in addition to any and all other remedies pursuant to this Agreement each party shall be provided reasonable access to the other's interconnection facilities in order to perform said maintenance at the cost of the non -maintaining party. Section 8. Insurance. The NWC and the Village each shall procure and maintain, at their sole cost and expense, during the Work, a policy or policies of insurance with a company RT11 or companies authorized to do business in Illinois that insure each party against general liability, fire, casualty, theft and property damage caused by the entity retained to do the work, along with its employees and contractors. The coverage amounts for the insurance policy or policies for each party shall be $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. The NWC and the Village shall be named as a primary insured on the insurance policies. NSMJAWA shall be listed as additional insured on the insurance policies. The NWC and the Village will provide Certificates of Insurance to all parties, if requested. Once the Work, i.e., the construction is completed, this Insurance requirement terminates. Section 9. Release. NWC hereby releases the Village and all of their elected and appointed officials, officers, employees, agents, representatives, engineers and attorneys, from: (i) any liabilities for any loss or damage to property or any injury to, or death of, any person that may be occasioned by or related to any cause whatsoever pertaining to the construction, maintenance, use or operation of the Customer system or the Emergency Water System Interconnection Improvements; or (ii) any liabilities, losses or damages, or claims therefor, arising out of the failure, or claimed failure, of Customer to comply with its covenants or obligations contained in this Agreement; or (iii) any liabilities, losses or damages, or claims therefor, arising out of the delay, or claimed delay, in the commencement of, or the failure to provide, Emergency Service to Customer in the event of an emergency- condition, including, in each such case, attorneys' fees and administrative expenses, except in each case to the extent caused by Emergency Supplier's negligence. NWC agrees to indemnify and hold the Village harmless to the fullest extent permitted by law from any losses, costs, charges, expenses (including attorneys' fees and administrative expenses), judgments and liabilities incurred by the Village in connection with any action, suit or proceeding instituted or threatened by any third party in connection with this Agreement or the matters mentioned in this Subsection, except in each case to the extent caused by the Village's negligence. If any such claim is asserted, the Village shall give prompt notice to NWC, and NWC, if requested by the Village, shall assume the defense thereof, it being understood, however, that NWC shall not settle or consent to the settlement of any such claim without the written consent of the Village. Nothing contained in this Agreement shall constitute a waiver by the Village of any right, privilege or defense available to the Village under statutory or common law, including, but not limited to, the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1- 101 et seq., as amended. Likewise, the Village hereby releases the NWC from, and agrees that same shall not be liable or responsible for, and agrees to indemnify and hold the same, and all of its elected and appointed officials, officers, employees, agents, representatives, engineers and attorneys, harmless from: (i) any liabilities for any loss or damage to property or any injury to, or death of, any person that may be occasioned by or related to any cause whatsoever pertaining to the construction, maintenance, use or operation of the Customer system or the Emergency Water System Interconnection Improvements; or (ii) any liabilities, losses or damages, or claims therefor, arising out of the failure, or claimed failure, of Customer to comply with its covenants or obligations contained in this agreement; or (iii) any liabilities, losses or damages, or claims therefor, arising out of the delay, or claimed delay, in the commencement of, or the failure to provide, emergency service to Customer in the event of an emergency condition, including, in each such case, attorneys' fees and administrative expenses, except in each case to the extent caused by Emergency Supplier's negligence. 9 31 The Village agrees to indemnify and hold the NWC harmless to the fullest extent permitted by law, from any losses, costs, charges, expenses (including attorneys' fees and administrative expenses), judgments and liabilities incurred by NWC in connection with any action, suit or proceeding instituted or threatened by any third party in connection with this Agreement or the matters mentioned in this Subsection, except in each case to the extent caused by NWC's negligence. If any such claim is asserted, the NWC shall give prompt notice to the Village, and the Village, if requested by NWC, shall assume the defense thereof, it being understood, however, that the Village shall not settle or consent to the settlement of any such claim without the written consent of NWC. Nothing contained in this Agreement shall constitute a waiver by NWC of any right, privilege or defense available to NWC under statutory or common law, including, but not limited to, the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., as amended. Section 10. Prices and Terms of Payment. A. Cost of Water Supplied. When the Village receives Emergency Service from NWC, the Village shall pay to NWC, at the time specified in paragraph B below, for the cost of Lake Water supplied at a water rate stated as dollars or cents per 1,000 gallons that is equal to the NWC Rate per 1,000 Gallons. When NWC receives Emergency Service from NSMJAWA, NWC shall pay to NSMJAWA, at the time specified below, for the cost of Lake Water supplied at a water rate stated as dollars or cents per 1,000 gallons that is equal to the NSMJAWA Rate per 1,000 Gallons then in effect at the time of delivery. B. Bills and Due Date. The Emergency Supplier shall notify Customer of the total amount due from Customer under this Agreement for each month on or before the 20th day of the following month. Payment shall be due within 30 days after the date of notification. C. Disputed Payments. If Customer desires to dispute any payment, or part thereof, due or claimed to be due under this Agreement, Customer shall nevertheless pay the full amount of any such payment when due and include with such payment written notification to the Emergency Supplier that charges are disputed, the grounds for dispute and the amount in dispute. Noadjustment or relief on account of any disputed charges shall be made unless disputed charges arc the subject of such notice within the time herein specified, or within a reasonable period from the time Customer knew or should have known of the facts giving rise to the dispute. It is expressly understood and agreed that no dispute over payments due or claimed to be due under this Agreement shall be referred to arbitration or review or settlement. Upon receipt of a notification of dispute, representatives of the Emergency Supplier shall meet promptly with representatives of Customer to resolve such dispute. If the Emergency Supplier and customer determine that all or a portion of the disputed payment should be refunded to customer, then such sum shall be refunded within 45 days of said determination. D. Interest on Overdue Payments. If Customer shall fail to make any payment required under this Agreement on or before its due date, Customer shall be in default, and interest on the amount of such payment shall accrue at 6% annual interest. If a Customer is more than 60 days delinquent, the Emergency Supplier may reduce or discontinue delivery of Lake Water to the Customer system upon 10 days advance written notice until the amount W due, including interest, is paid in full. If the Emergency Supplier reduces or discontinues the delivery of Lake Water under such circumstances, Customer shall nevertheless continue to be liable to pay all charges provided for herein. The rights specified in this Agreement shall be in addition to all other rights and remedies available to the Emergency Supplier under this agreement, at law, or in equity for breach of any of the provisions of this Agreement. Section 11. Assignability A. No party to this Agreement shall assign or transfer this Agreement or any rights or interests herein without the advance written consent of all of the other parties to this Agreement, except as provided in section B. below. B. The right to receive all payments that are required to be made by Customer to the supplier in accordance with the provisions of this agreement may be assigned by the Emergency Supplier to any trustee as provided in any bond ordinance to secure the payment of the principal of and the premium, if any, and interest on the bonds as those amounts come due, subject to the application of those payments as may be provided in any bond ordinance. Customer, upon notice of assignment to any such trustee, shall make all payments directly to such trustee. Further, the rights of the Emergency Supplier to enforce the provisions of this Agreement may be assigned to any such trustee and, in such event, such trustee shall have the right to enforce this Agreement at law or in equity with or without the further consent or participation of the Emergency Supplier. The Emergency Supplier also may retain the right to enforce this Agreement. Section 12. Regulatory Bodies A. All parties to this Agreement seek to exercise and maintain all sovereign rights granted to it under and through the Constitution and laws of the State of Illinois. This Agreement shall be subject to all valid rules, regulations and laws applicable hereto passed or promulgated by the United States of America, the State of Illinois, any governmental body or agency having lawful jurisdiction, and any authorized representative or agent of any of them; provided, however, that this clause shall not be construed as waiving the right of any party to challenge the validity of such rule, regulation or law on any basis, including the impairment of this Agreement. Section 13. General Provisions. A. Governing Law and Venue. This Agreement shall be interpreted under, and governed by, the laws of the State of Illinois. Any claim, suit, action or proceeding brought in connection with this Agreement shall be in the Circuit Court of Cook County, Illinois, and the NWC, NSMJAWA, and the Village consent to the personal and subject matter Jurisdiction of said Circuit Court and waive any claim that venue therein is not proper. B. Modification of the Agreement. This Agreement shall not be modified, altered, or amended in any way except in writing agreed upon by the N`B'C, NSMJAWA, and the Village. II 9*1 C. Notices. All written notices made pursuant to this Agreement shall be directed to the specified individuals at the addresses set forth below by any of the following means: personal service, overnight courier or first class mail, postage pre -paid. D. No Waiver of Immunity. Nothing contained in this Agreement shall constitute a waiver by the any party of any right, privilege or defense available to the any party under statutory or common law, including, but not limited to, the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., as amended. TO THE NORTHWEST WATER COMMISSION: Executive Director Northwest Water Commission 1525 North Wolf Road, Des Plaines, Illinois TO THE VILLAGE OF MOUNT PROSPECT: Village Manager Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 6005 TO THE NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY: Executive Director Northwest Suburban Municipal Joint Action Water Agency 901 Wellington Avenue, Elk Grove Village, Illinois 60007 Section 14. Effective Date, Term, and Termination. A. Effective Date. This Agreement shall be effective upon authorization and execution by all parties hereto. B. Term. After taking effect, this Agreement shall continue in force and effect for a term of twent220) years, plus two (2) 10 -year extensions unless extended upon prior written approval of all parties. Each Emergency Supplier has the right to terminate this Agreement upon one-year written notice to the Customer. If a Emergency Supplier is not reasonably able to provide said one-year written notice, Emergency Supplier shall give written notice as soon as reasonably possible. C. Termination. In addition to the termination rights otherwise provided for earlier in this Agreement, this Agreement, may be sooner terminated by any party, in its reasonable discretion, (i) at any time when the terms, conditions and limitations of this Agreement are not satisfied and one or more of the other parties fail to cure such breach within ninety (90) days after a written notice, or (ii) as otherwise provided in this Agreement. 34 In the event of any such termination, all parties shall have the right, but not the obligation, to disconnect at the disconnecting party's sole cost and expense from the Emergency Water System Interconnection Improvements. All payment obligations and all representations, warranties, releases, and indemnities shall survive any such termination. The rights specified in this Agreement shall be in addition to all other rights or remedies available under this Agreement, at law or in equity for breach of any provision of this Agreement. Section 15. Exhibits Incor2orated. A. Exhibits A, B, C, D and E to this Agreement are hereby fully incorporated into this Agreement as substantive provisions of this Agreement. Section 16. Entire Agreement. A. This Agreement constitutes the entire Agreement between the NWC, NSMJAWA, and the Village and supersedes and replaces any and every other prior or contemporaneous agreement, negotiation, understanding, commitments and/or other writings with respect to the subject matter herein. 13 35 IN WITNESS WHEREOF, the Northwest Water Commission, the Northwest Suburban Municipal Joint Action Water Agency, and the Village of Mount Prospect have caused this Agreement to be executed by their respective officials on the dates indicated. VILLAGE OF MOUNT PROSPECT Mayor This day of 12022 ATTEST: Mount Prospect Village Clerk NORTHWEST WATER COMMISSION Executive Director This day of , 2022 ATTEST: NORTHWEST SUBURBAN JOINT ACTION WATER AGENCY Executive Director Thisday of , 2022 ATTEST: This page is intentionally blank. 15 37 RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO ACCEPT TEXT CHANGES MADE BY THE NORTHWEST WATER COMMISSION TO THE EMERGENCY WATER SYSTEMINTERCONNECTION INTERGOVERNMENTAL AGREEMENT WHEREAS, both the 1970 Illinois Constitution (Article VII, Section 10) and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation; and WHEREAS, the Northwest Water Commission (NWC), Northwest Suburban Municipal Joint Action Water Agency (NSMJAWA), and the Village are units of government, or instrumentalities and/or agencies of local government, within the meaning of the 1970 Constitution of the State of Illinois, Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, Resolution 31-22 was passed and approved by the Mount Prospect Village Board of Trustees on October 4, 2022 authorizing the Village Manger to sign an Intergovernmental Agreement with the Northwest Water Commission and the Northwest Suburban Municipal Joint Water Agency for the construction and operation of an emergency water system interconnection attached hereto and made part of this Resolution as Exhibit A; and WHEREAS, on October 12, 2022 the Northwest Water Commission approved and signed the Emergency Water System Interconnection Intergovernmental Agreement with minor text changes. NOW THEREFORE BE IT ORDAINED/ RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Board of Trustees do hereby authorize the Village Manager to accept text changes made by the Northwest Water Commission to the Emergency Water System Interconnection Intergovernmental Agreement, attached hereto and made part of this Resolution as Exhibit B. SECTION TWO: That the Village Manager is authorized to sign the agreement and the Village Clerk to attest. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 18th day of October 2022. Paul Wm. Hoefert Mayor ATTEST: Karen M. Agoranos, Village Clerk Res NWC/NSMJAWA/VOMP Pg lof 2 38 RESOLUTION NO. 31-22 A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE NORTHWEST WATER COMMISSION AND THE NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY FOR THE CONSTRUCTION AND OPERATION OF AN EMERgENCY WATER 5YSTEMINTERCONNEE.TION WHEREAS, both the 1970 Illinois Constitution (Article VII, Section 10) and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation; and WHEREAS, the Northwest Water Commission (NWC), Northwest Suburban Municipal Joint Action Water Agency (NSMJAWA), and the Village are units of government, or instrumentalities and/or agencies of local government, within the meaning of the 1970 Constitution of the State of Illinois, Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, the NWC operates a waterworks System to transport Lake Michigan water purchased from the City of Evanston to the water systems of its members and customers; and WHEREAS, NSMJAWA operates a waterworks System to transport Lake Michigan water purchased from the City of Chicago to the water systems of its members and customers; and WHEREAS, the Village owns and operates a waterworks system that normally and customarily receives its drinking water supply from NSMJAWA; and WHEREAS, the NWC and the Village jointly conducted engineering and feasibility studies regarding an emergency water system interconnection by and between the NWC and the Village that could supply either Party with water in an emergency situation; and WHEREAS, the NWC, NSMJAWA, and the Village collectively agree that the most effective and beneficial emergency water system interconnection design utilizes existing NSMJAWA piping as depicted in Exhibit A to transfer water between NWC and the Village; and WHEREAS, the NWC and the Village entered into an intergovernmental agreement to prepare final design engineering plans and specifications for construction of a water system interconnection by and between the NWC and the Village utilizing existing NSMJAWA piping that could supply either the NWC or the Village with water in an emergency situation; and WHEREAS, the NWC, NSMJAWA, and the Village find it is in their interests to enter into an agreement setting forth their understanding for sharing the costs, expenses, and other obligations related to the Work and to the operation of the emergency water system interconnection. NOW THEREFORE BE IT ORDAINED/ RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: " JQN_QJULThat the Board of Trustees do hereby authorize the Village of Mount Prospect to enter into an Intergovernmental Agreement with the Northwest Water Commission and the Northwest Suburban Municipal Joint Action Water Agency for the construction and operation of an emergency water system interconnection attached hereto and made part of this Resolution as Exhibit A. Res NWC/NSMJAWA/VOMP Pg 10f 2 39 SECTION IMtQi,That the Village Manager is authorized to sign the agreement and the Village Clerk to attest. That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Filippone, Gens, Matuszak, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 4t" day of October 2022. .....__. Paul Wm. Hoefert ayo _...... ATTEST: Karen M. Agora n.os.,...,Argae ..�..... a �...................w.�w.._ Clerk Res NWC/NSMJAWA/VOMP Pg 2 of 2 40