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Home My WebLink AboutRes 03-25 01/21/2025 Authorizing The Mayor To Execute An Intergovernmental Agreement With The City Of Prospect Heights For The Certification Oof Levee 37Resolution No. 3-25 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PROSPECT HEIGHTS FOR THE CERTIFICATION OF LEVEE 37 WHEREAS, the_1970 Constitution of the State of Illinois, Article VII, Section 10, authorizes units of Local governmentto contract or otherwise associate amongthemselves in any manner not prohibited by law or ordinance; and WHEREAS, the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 etseq., authorizes and encourages intergovernmental cooperation; and WHEREAS, the City of Prospect Heights (the City) and the Village of Mount Prospect (the Village) are units of government within the meaning of the 1970 Constitution of the State of Illinois, Article VII, Section 10, havingthe power and authorityto enter into an intergovernmental agreement; and WHEREAS, the United States Army Corps of Engineers (USACE) constructed Levee 37 and its supplemental Pump Station 2.5 to protect homes and businesses from riverine and interior drainage system flooding, and WHEREAS, the City and the Village have agreed to be local community sponsors for the Levee 37 improvements accepting ownership, operation, and maintenance responsibilities for the levee system when completed, and WHEREAS, USACE recently advised the City and the Village that it would cost between $300,000 and $500,000 for USACE to certify Levee 37 with the Federal Emergency Management Agency (FEMA), and WHEREAS, FEMA certification of the levee is necessary to remove the federal requirement for homeowners protected by the levee to have flood insurance, to permit new construction below the current base flood elevation, and to remove the area protected by the levee from FEMA's Flood Insurance Rate Maps (FIRM), and WHEREAS, the City and the Village affirm that these outcomes are desirable and provide good and valuable benefits for the residents of both communities, and WHEREAS, the City and the Village have obtained a proposal from Christopher B. Burke Engineering, LTD, of Rosemont, Illinois (CBBEL), to prepare and submit the documentation necessary for FEMA certification of Levee 37 at less than 25% of USACE's estimated cost, and WHEREAS, the City and the Village have mutually agreed to share equally in the cost of the CBBEL contract for engineering services necessary to certify Levee 37, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Mayor is hereby authorized to execute an intergovernmental agreement between the City of Prospect Heights and the Village of Mount Prospect to share equally in the financial cost of an engineering services contract necessary to obtain FEMA certification of Levee 37. SECTION TWO: The intergovernmental agreement between the City of Prospect Heights and the Village of Mount Prospect to share equally in the financial cost of an engineering services contract necessary to obtain FEMA certification of Levee 37 is attached. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage. AYES: Dante, Filippone, Gens, Grossi, Matuszak, Saccotelli NAYS: None ABSENT: None PASSED and APPROVED this 21st day of January, 2025 Karen M. Agoranos Village Clerk INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement (the "Agreement") is made and entered into by and between the City of Prospect Heights (the "City" or "Party") and the Village of Mount Prospect, an Illinois municipal corporation (the "Village" or "Party") (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 City of Prospect Heights (the City) and the Village of Mount Prospect (the Village) are units of government within the meaning of the 1970 Constitution of the State of Illinois, Article VII, Section 10, havingthe power and authorityto enter into an intergovernmental agreement; and WHEREAS, the United States Army Corps of Engineers (USACE) constructed Levee 37 and its supplemental Pump Station 2.5 to protect homes and businesses from riverine and interior drainage system flooding, and WHEREAS, the City and the Village have agreed to be local community sponsors for the Levee 37 improvements accepting ownership, operation, and maintenance responsibilities for the levee system when completed, and WHEREAS, USACE recently advised the City and the Village that it would cost between $300,000 and $500,000 for USACE to certify Levee 37 with the Federal Emergency Management Agency (FEMA), and WHEREAS, FEMA certification of the levee is necessary to remove the federal requirement for homeowners protected by the levee to have flood insurance, to permit new construction below the current base flood elevation, and to remove the area protected by the levee from FEMA's Flood Insurance Rate Maps (FIRM), and WHEREAS, the City and the Village affirm that these outcomes are desirable and provide good and valuable benefits for the residents of both communities, and WHEREAS, the City and the Village have obtained a proposal from Christopher B. Burke Engineering, LTD, of Rosemont, Illinois (CBBEL), to prepare and submit the documentation necessary for FEMA certification of Levee 37 at less than 25% of USACE's estimated cost, and WHEREAS, the City and the Village have mutually agreed to share equally in the cost of the CBBEL contract for engineering services necessary to certify Levee 37, and NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the Parties hereto agree as follows: Page 1 of 4 Section 1. J.n r otio__Qf . ut t.. The above recitals are incorporated into this Agreement as if fully set forth herein. Section 2. S:c p ,... fW.Wor.. The Parties agree that the general purpose of the Work shall is to prepare and submit necessary documentation and supporting data necessary for FEMA certification of Levee 37 and issuance of a Letter of Map Revision (LOMB) removing properties protected by the levee from the Special Flood Hazard Area designation on FIRM maps. To this end, work tasks include: Task 1 — USACE Data Request and Coordination: CBBEL will request additional information from the United States Army Corps of Engineers including the most recent hydraulic model and interior drainage analysis. Task 2— Hydraulic Modeling Review and Updates: CBBEL will complete a review of the hydraulic model provided for concurrence with the Levee 37 as -built plans and upstream compensatory storage at Heritage Park in Wheeling, IL. It is assumed these were the proposed conditions plans. Updates to the model for compliance with the as -built plans will be performed. Task 3 — Interior Drainage Modeling Review and Updates: CBBEL will review the previously submitted model for concurrence with the as -built plans. It is assumed that this model was a proposed conditions model and not updated per the as built plans as this software is no longer supported by USACE. CBBEL previously prepared a more current model as part of the Levee 37 interior drainage improvements project. CBBEL will update this model as necessary to conform with the previously submitted hydrology and in accordance with FEMA interior drainage analysis guidelines. Task 4 — Pre -Submittal Agency Coordination: Illinois Department of Natural Resources Office of Water Resources (IDNR-OWR) concurrence is required. The modeling analysis completed in Task 2 will be provided to IDNR-OWR along with a LOMR cover letter describing changes from the previous submittal. IDNR-OWR will review the technical aspects of the hydraulic modeling and flood mapping. After IDNR-OWR has concurred with the technical aspects of the LOMR request, they will issue a 21 -day public notice to affected property owners and other governmental agencies. If comments are received duringthe public notice period, CBBELwill provide IDNR-OWRwith appropriate responses. Task 5 — LOMR Resubmittal and Agency Response: Upon receipt of IDNR-OWR concurrence, the LOMR request will be submitted to FEMAfor approval. This task includes responding to any FEMA review comments and general project coordination. Section 3. :.Kgring._+of the 00sts. e_ .. .tl. _ p 0. + W: The City and the Village will each pay one half of the costs, fees, and expenses of the Work asset forth in a technical proposal and a cost proposal prepared by CBBEL. The City 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 ten (10) days after receipt of written notice the reimbursement is required. Page 2 of 4 Section 4. Insurance. The City 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 Parry 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 City and the Village shall be named as a primary insured on the insurance policies. The City and the Village will provide to each other Certificates of Insurance if requested. Section 5. Goneral...PL•+-y'ision . 5.1. Go er_n gl e.rN.f?_"41e0_ r,.e. 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 both City 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. 5.2. M.Qddifje�lioh 2 ..�1.e Agr_e_eme0• This Agreement shall not be modified, altered, or amended in anyway except in writing agreed upon by both the City and the Village. 5.3. N_oAJc A. 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. TO THE CITY OF PROSPECT HEIGHTS: City Administrator City of Prospect Heights 8 North Elmhurst Road Prospect Heights, Illinois 60070 TO THE VILLAGE OF MOUNT PROSPECT: Village Manager 50 South Emerson Street Mount Prospect, Illinois 60056 5.4. k:N e. neem nt. This Agreement constitutes the entire agreement between the City 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. Page 3 of 4 IN WITNESS WHEREOF, the City of Prospect Heights and the Village of Mount Prospect have caused this Agreement to be executed by their respective officials on the dates indicated. VILLA OF MOUNT PRQ 'PEC'T r Paul W. Hoefert Mayor This U3 day of, 2025 ATTEST: Mount Prospect Vi age Clerk CITY OF PROSPECT HEIGHTS Patrick Ludvigsen Mayor This ATTEST: Page 4 of 4 day of , 2025 IN WITNESS WHEREOF, the City of Prospect Heights and the Village of Mount Prospect have caused this Agreement to be executed bytheir respective officials on the dates indicated. VILLAGE OF MOUNT PROSPECT Paul W. Hoefert Mayor This _ day of , 2025 ATTEST: Mount Prospect Village Clerk ROSPECT HEIGHTS ��yiA /all+lrprr„r Patrick Ludvigsen �..'`"" Mayor This 27th day of January, 2025 ICU -10 Page 4 of 4 •' SPO "A L _ AP ospect Heights Ciit rk