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HomeMy WebLinkAboutRes 04-11 02/15/2011 An IGA between VOMP and MP Public Library for Sustainability Education ProgramRESOLUTION NO. 04 -11 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND MOUNT PROSPECT PUBLIC LIBRARY FOR A SUSTAINABLITITY EDUCATION PROGRAM WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has deemed that the best interests of the Village may be served by entering into intergovernmental agreements; and WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperative Act, 5 ILCS 220/1 et seq., authorize public agencies to contract or otherwise associate among themselves to obtain or share services, and to exercise, combine or transfer any power or function, in any manner not prohibited by law; and WHEREAS, the Village and Library are "public agencies" as defined in the Intergovernmental Cooperative Act, 5 ILCS 220/1 et seq.; and WHEREAS, the Village has received approval from the U. S. Department of Energy to establish and operate a program designed to educate residents and businesses about energy efficiency, recycling and water conservation (hereinafter the "Sustainability Education Program ") using grant funds from the U. S. Department of Energy's Energy Efficiency and Conservation Block Grant ( EECBG) Program; and WHEREAS, the Village and Library find it in the public interest to establish a partnership, leveraging their existing resources and those of the EECBG Program, in order to establish and operate the Sustainability Education Program for the benefit of all residents and businesses of the Village of Mount Prospect. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS AND AUTHORITY SET FORTH IN THE ILLINOIS CONSTITUTION OF 1970 AND ILLINOIS INTERGOVERNMENTAL COOPERATION ACT (5 ILCS 220/1 ET SEQ .), AS FOLLOWS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect are hereby authorized to execute the Intergovernmental Agreement with the Mount Prospect Public Library for a Sustainability Education Program, attached and made a part of this Resolution as Exhibit "A." SECTION TWO That the President and Village Clerk of the Village of Mount Prospect are hereby authorized to execute the intergovernmental agreement, described in Section One of this Resolution. Page 2 of 2 Resolution IGA Sustainability Agreement SECTION THREE That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 15 day of February, 2011. Mayor ATTEST: M. Lisa Village Clerk H: \CLK0 \files \WIN \RES \Intergovt Agrmtlsustainabilityprgmplibraryfeb2011 doc INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND MOUNT PROSPECT LIBRARY FOR A SUSTAINABILITY EDUCATION PROGRAM This Intergovernmental Agreement (hereinafter the "Agreement ") is made and entered into this day of 2011, by the Village of Mount Prospect (hereinafter the "Village "), an Illinois Home Rule Corporation, the Mount Prospect Public Library (hereinafter the "Library"), an Illinois Village Public Library (hereinafter collectively, the "Parties" and each a "Party "). WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperative Act, 5 ILCS 220/1 et seq., authorize public agencies to contract or otherwise associate among themselves to obtain or share services, and to exercise, combine or transfer any power or function, in any manner not prohibited by law; and WHEREAS, the Village and Library are "public agencies" as defined in the Intergovernmental Cooperative Act, 5 ILCS 220/1 et seq.; and WHEREAS, the Village adopted an Energy Strategy Plan in 2010 that outlines several short and long -term goals to address energy efficiency and conservation, one of which is to establish a program designed to educate residents and businesses about energy efficiency, recycling, and water conservation; and WHEREAS, the Village has received from the U.S. Department of Energy a grant of EECBG funds (referred to as "EECBG Funds ") under its Energy Efficiency and Conservation Block Grant Program (hereinafter the "EECBG Program "), which is authorized under the Energy Independence and Security Act of 2007 (Title V, Subtitle E) and funded by the American Recovery and Reinvestment Act (ARRA) of 2009; and WHEREAS, the Village has received approval from the U.S. Department of Energy to establish and operate a program designed to educate residents and businesses about energy efficiency, recycling, and water conservation (hereinafter the "Sustainability Education Program ") using EECBG Funds subject to EECBG Program eligibility requirements; and WHEREAS, the Village and Library find it in the public interest to establish a partnership, leveraging their existing resources and those of the EECBG Program, in order to establish and operate the Sustainability Education Program for the benefit of all residents and businesses of the Village of Mount Prospect. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants herein contained, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: A. Sustainability Education Program. The Sustainability Education Program is primarily designed to educate residents and businesses regarding energy efficiency, recycling, and water conservation (referred to as "Energy Efficiency Education "). This Program is initially intended to provide, among other things, 1) bi- monthly seminars /workshops; 2) an education center at the Library which includes equipment and learning materials, 3) annual events that include seminar /workshops and vendor /business exhibits; 4) a webpage, 5) lending of energy efficiency measuring devices. B. EECBG Program Requirements. 1. Funding Requirements: All Sustainability Education Program costs supported by EECBG Funds must comply with EECBG Program requirements, including the Buy American Act, 41 USC 10(a)- 10(d), the Davis Bacon Act, 40 USC 3141 et seq. (prevailing wages), and the National Environmental Policy Act (NEPA), 42 USC § 4321 et seq., publication and reporting requirements. In addition, all grant funds must be spent by August 20, 2012. 2. Reporting Requirements: Under the EECBG Program, the Village must submit quarterly reports to the U.S. Department of Energy and U.S. Office of Management and Budget. The reports include both financial and progress information. Financial reports must indicate the amount of EECBG Funds obligated and spent during the previous quarter. Progress reports must list and describe the Sustainability Education Program's milestones, previous quarter's accomplishments, next quarter's plans, significant results, and major challenges. It must also provide metric information related to hours worked, energy savings, and greenhouse gas reductions. Finally, the reports must provide information for each vendor that receives EECBG Funds. The Library shall provide all necessary data to the Village no later than ten (10) business days before the end of each quarter in order to comply with these reporting requirements. C. Program Expenses. Funding Obligations. The Library and Village will supervise and coordinate the Sustainability Education Program and conduct related education programs on their respective premises, or as otherwise agreed by the Parties. Otherwise, neither the Village nor the Library, are obligated to spend any of their own funds to support this partnership. Initial funding will be provided by the EECBG Program. Once the EECBG Funds are exhausted, the Village and the Library may agree to continue the Sustainability Education Program, funding it to the extent necessary and as may be approved by their respective Boards. 2. Expenses: All expenditures for the Sustainability Education Program must be mutually agreed upon in advance by both the Village and Library (hereinafter the "Approved Expenses "). Importantly, all expenditures to be reimbursed with EECBG Funds must be approved by the Village prior to the purchase to ensure eligibility under EECBG Program requirements. Any Approved Expenses, which are not eligible for reimbursement with EECBG Funds, shall be borne by the purchaser unless otherwise agreed to in writing by the Parties. 3. EECBG Funding: The Library shall, after payment(s) of an Approved Expense that the Village finds eligible for EECBG funding, invoice the Village on a monthly basis for reimbursement of any of those expenditures. The Village may also be reimbursed for its payment of any such Approved Expenses. 4. Shared Costs: The Village shall give the Library reasonable notice upon exhaustion of the EECBG Funds. Once exhausted, the Sustainability Education Program may be terminated or the Village and Library may elect to continue the Program subject to the sharing of costs in such manner as they may agree. If the Parties wish to continue the Program, they may enter into an agreement to continue the Program in its then present state or to modify the Program, including its program budget and cost sharing allocation, subject to the direction of their respective Boards. D. Program Funds and Budget: The partnership described in this Agreement is initially supported by EECBG Funds. The Village and Library have agreed on an initial budget allocation, as shown in Exhibit A, which budget may be amended from time to time upon their agreement. E. EECBG Fund Transfer. The Village has an obligation under its grant Assistance Agreement with the U.S. Department of Energy to spend the EECBG Funds by August 20, 2012. Since some or all of those Funds may be used by the Village for EECBG Program purposes other than the Sustainability Education Program, the Library acknowledges that, in the event that the Village, in its sole discretion, determines that any or all of the EECBG Funds may not be expended on the Sustainability Education Program prior to August 20, 2012, the Village may redirect those funds to other EECBG Program uses except to the extent that the Library has contracted for Approved Expenses. F. Other Partners. Notwithstanding anything in this Agreement to the contrary, the Parties may jointly enter into agreements with other governmental partners in support of the Program. G. Ownership. The Party contracting for the purchase of any Approved Expense shall retain ownership of the purchased equipment, materials, supplies, or other property, unless otherwise agreed by the Parties. All control, maintenance and security responsibilities shall remain in the Party contracting for the purchase. H. Cooperation. The Parties agree to work in good faith to mutually resolve any problems occurring or arising out of the performance of this Agreement. The Parties agree to do all things reasonably necessary or appropriate to carry out the terms, provisions and objectives of this Agreement, including, without limitation, and the taking of such other actions as may be necessary to ensure compliance and fulfillment with the terms and provisions of this Agreement. I. Notice. All notices required to be provided under this Agreement shall be in writing and served either (1) personally during regular business hours; or (2) by registered or certified mail, return receipt requested, property addressed with postage prepaid and deposited in the United States mail. Notices served personally shall be effective upon receipt and notices served by mail shall be effective upon receipt as verified by the United States Postal Service. All notices shall be addressed as follows: The Village: Michael Janonis Village Manager Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 (847) 392 -6000 The Mount Prospect Library Marilyn Genther Executive Director Mount Prospect Public Library 10 South Emerson Street Mount Prospect, IL 60056 (847) 253 -5675 With a copy to: Everette M. Hill, Jr. Village Attorney 20 N. Wacker Drive, Suite 1660 Chicago, IL 60606 (312) 984 -6420 With a copy to: James Spizzo Vedder Price 222 N. La Salle Chicago IL 60601 -1003 (312) 609 -7705 J. Entire Agreement. The provisions set forth herein constitute the entire agreement of the Parties regarding the matters addressed in the Agreement, and supersede any prior agreements or representations, as it is the intent of the Parties to provide for complete integration within the terms of this Agreement. No provision may be changed or modified unless such change or modification is in writing and duly approved by the Parties. K. Authority to Execute. Execution of this Agreement by the Village is authorized by an ordinance passed by the President and Board of Trustees of the Village on Feb �, 2011. Execution of this Agreement by the Library is authorized by a resolution passed by the Board of the Mount Prospect Library on Fe h . 1 `) , 2011. The Parties represent and warrant to each other that they have the authority to enter into this Agreement and perform their obligations hereunder. L. Exhibits. True and correct copies of the attached Exhibits are made a part of this Agreement and are identified as follows: ■ Exhibit A: Budget Allocation M. Titles. The headings and titles of this Agreement are for convenience only and shall not influence the construction or interpretation of this Agreement. N. Third Parties. Nothing contained in this Agreement, nor any act of the Village or the Library shall be deemed or construed by any of the Parties hereto or by third persons, to create any relationship of third party beneficiary, principal, agent, limited or general partnership, joint venture or any association or relationship involving the Village and the Library, except as set forth in this Agreement. O. Benefit of Contracting Parties. This Agreement is entered into solely for the benefit of the contracting Parties, and nothing in this Agreement is intended, either expressly or impliedly, to provide any right or benefit of any kind whatsoever to any person or entity, who is not a party to this Agreement, or to acknowledge, establish or impose any legal duty to any third party. P. Counterparts. This Agreement may be executed in counterparts, any of which shall be deemed an original. Q. Invalidity of Agreement. If any provision of this Agreement is found to be illegal, invalid or void, the remaining provisions shall not be impaired and the Agreement shall, to the extent reasonably practicable, be interpreted to give effect to the Parties' intent. R. Choice of Law. This Agreement shall be governed by the laws of the State of Illinois. The Circuit Court of Cook County, Illinois, shall have jurisdiction over any disputes arising under this Agreement, and each of the Parties hereby consents to such Court's exercise of jurisdiction. S. Assignment. Neither Party shall have the right to assign any rights or obligations under this Agreement without the prior written approval of the other Party. T. Authority to Agree. The Village Manager and the Library's Executive Director shall have the authority to agree as provided in paragraphs C(1), C(2), C(4), D, and G, unless otherwise provided. U. Effective Date. This Agreement shall be effective upon the date last executed by the Parties. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties have entered into this Agreement as of the 17 day of �� y�f`urnry 2011. VILLAGE OF MOUNT PROSPECT MOUNT PROSPECT PUBLIC LIBRARY B By: : y: Villag resident President Attest: ' `��! •' illage C erk MOUNT PROSPECT PUBLIC LIBRARY Executive Dir or � �/ Date EXHIBIT A SUSTAINABILITY EDUCATION PROGRAM Budget Allocation