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HomeMy WebLinkAboutResolution #3079RE90LUTIQV ND. 3Q79 A RESOLUT I qV A~PPROV 1 NG AN I AL ~DUF1V'f BETWEEN Ti!-E CITY aF CANRCTI AND Tir-E 1 LL 1 ND I S EN1/ I f70VuE1VTAL PROTECT I aV AmV(,`Y AND DIRECT 1 NC TI-E M4YOR TO E)~CUTE AND DELIVER SA I D ACREE7uDVT' ON BE7-IAL,F aF ll-E CITY OF CANTpV, I LL I ND 1 S . W-EREAS, the Community and Industrial Development Committee has determined that it is necessary and in the best interest of the City of Canton to enter into an intergovernmental agreement with the Illinois Environmental Protection Agency, hereto attached and herein incorporated as Exhibit "A"; and W-~f'~EAS, the Canton City Council has made a similar determination. N10W, ThEREFlJRE, 8E 1 T RE90LVm BY TFf C 1 TY OOIIVC 1 L aF TI-E CITY of CANI(fgV, Fulton County , I l l i n o i s a s f o i l ows 1. That the Intergovernmental Agreement hereto attached as Exhibit "A" between the City of Canton and the Illinois Environmental Protection Agency is hereby approved. 2. That the Mayor is hereby authorized and directed to execute and deliver said agreement on behalf of the City of Canton, Illinois. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 15th day of October 1991, upon a roll call vote as follows: AYES: Aldermen May, Barnett, Bohler, Steck, Sarff, Coay, Molleclc. NAYS: None. ABSENT : Alderman Meade . APPFmVED ~. Donald Edwards, Mayor ATTEST: Na Whit City Clerk Agency Contract No. INTERGOVERNMENTAL AGREEMENT STATE OF ILLINOIS ENVIRONMENTAL PROTECTION AGENCY The Illinois Environmental Protection Agency (hereinafter designated as "Agency") and the City of Canton (hereinafter designated as "City"), whose address is 210 East Chestnut Street, Canton, Illinois 61520, enter into and execute this Intergovernmental Agreement and hereby agree as follows: A. AUTHORITY This Agreement is entered into pursuant to the Intergovernmental Cooperation Act, I11. Rev. Stat. 1987, Ch. 127 par. 741 et ~segg. and is subject to all applicable State, Federal, and local statutes andregulatory requirements. B. PURPOSE AND SCOPE OF WORK Purpose of Agreement - a. This is an agreement to undertake a Phase I diagnostic/feasibility study of Canton Lake in Fulton County, Illinois under the U.S. Environmental Protection Agency (hereinafter designated as "USEPA") Clean Lakes Program Phase I Grant No. S-995204-01-0 to the Agency (hereinafter designated as "Phase I Grant") authorized by Section 314 of the Clean Water Act and the Clean Lakes Program regulations (40 CFR 35 Subpart H). Under the Phase I grant, the USEPA provides 50% of the study costs and the City provides the rAquired 50% non-federal match . To date, the USEPA and the City have each obligated X50,000.00 for the Phase I study. 2. b. Under this Agreement, the City and the Agency shall perform in a satisfactory and proper manner as mutually agreed to by the City and the Agency, the following work i n accordance wi th the Agency's Phase I grant for Canton Lake, Fulton County, Illinois; the January 4, 1991 Canton Lake Phase I Grant Application to USEPA (hereinafter designated as "Phase I application"); the Clean Lakes Program regulations (40 CFR 35 Subpart H); and the Clean Lakes Program Guidance Manual (USEPA 1980). City Responsibilities - The City shall: a. Prepare a Phase I diagnostic/feasibility study report for Canton Lake in Fulton County, Illinois in accordance with procedures and schedule outlined in the Phase I application and the Clean Lakes Program Guidance Manual, and as mutually agreed to by the City and the Agency. The Phase I report shall follow the outline provided in Appendix E of the Clean Lakes Programs Regulations ("Protocol for the Conduct of Phase IDiagnostic-Feasibility Studies and Environmental Evaluations"). b. Perfona Volunteer Secchi disc transparency, field observations, and water quality monitoring (2X May and September; 1X other months; 14 total sampling periods) under the Agency's Volunteer Lake Monitoring Program in accordance with the Agency's Quality Assurance and Field Methods Manual. D.O. and temperatu re profile readings will be taken once monthly, except in May and September when two readings shall be taken. c. Perform Phase I study and be responsible far: 1 ) Technical project coordination, water qualit~r data analysis and interpretation, and preparation of a summary report; collection of non-water quality information for the diagnostic study; public participation activities; identification of watershed protection and lake restoration alternatives; identification of the feasibility, costs, and benefits of each alternative; selec ti on of the most environmentally, economically, and socially feasible and implementable alternatives for watershed and in-lake management; preparation of final Phase I report and resto ration plan; preparation of an operation and maintenance plan; and preparation of interim reports. 2) In cooperation with the Soil Conservation Service, and the Fulton County Soil and Water Conservation District, calculating current watershed soil losses and sediment and nutrient delivery to Canton Lake; providing inventory and evaluation of Resource Management Systems implemented in the watershed (including map showing locations of practices); identifying areas requiring additional treatment to reduce pollutant loading to the lake; providing available soil maps; identifying alternative Resource Management Systems to reduce pollutant loading to the lake (including zoning, construction erosion c6ntrol, floodplain protection, and wetlands protection ordinances as well as structural and cul tural control practices as appl icabl a and feasible); developing a plan (including cost estimates) for maintaining current and implementing additional watershed management practices; and calculating reductions in sediment and nutrient delivery to the 1 ake expected with plan impl ementati on. 3) Calculating current nutrient and sediment loadings to the lake contributed by various sources (including internal regeneration from the lake bottom sediments) as well as loadings expected after project implementation. 4) Performing the feasibility study as described in the Phase I application. This shall also include conducting operation and maintenance (0&M) activities such as: (a) watershed protection measures; (b) lake shoreline erosion controls; (c) in-lake measures proposed to be implemented; (d) participation in the Agency's Volunteer Lake Monitoring Program; and (e) dam safety investigations. - 2 - d. Provide historic and demographic information, attendance figures, maps, engineering drawings, etc. necessary to help complete the Phase I diagnostic/feasibility report (according to specifications in Appendix E of the Clean Lakes Guidance Manual) by June 30, 1994. e. Perform appropriate dam safety investigations and provide documentation of such in the Phase I report. f. Conduct public participation activities as described in the Phase I Application, including a public hearing (if necessary) on the proposed project. Specifically refer to the Federal Clean Lakes Program authorized by Sec. 314 of the Clean Water Act in publicity about the project. g. Be responsible for local project administration and management. Submit written monthly project status reports to the Agency which summarize work progress to date; encountered or anticipated problems; significant findings; and expenditures. The format for these reports shall be specified by the Agency. h. Study expansion and upgrading of recreational facilities and use of the lakes as part of the feasibility study. i. Provide non-federal matching funds for the Phase I study as described i n Section C .1 . of th i s Agreement. j. Conduct a sediment survey of Canton Lake as part of the diagnostic study. k. If subcontractors are hired to perform some of the work in accordance with Section J of this Agreement, include a statement in each subcontract requiring that the Phase I diagnostic/feasibility study report developed under the subcontract be completed in accordance with the procedures and schedule outlined in the Phase I application, the Clean Lake Program regulations, and the Clean Lakes Program Guidance Manual, as mutually agreed to by the City and the Agency. 3. Agency Responsibilities - The Agency, as recipient of Clean Lakes Program Grant~o. ~=~S~d~', shall a. Serve as liaison with USEPA regarding the Phase I grant and be responsible for overall project coordination, administration, management, and reporting to USEPA. The Agency shall perform administrative tasks associated with the Phase I grant including preparation of grant documents, pdyment requests, submittals in satisfaction of grant conditions, quarterly progress and financial reports, and other required grant reporting. b. Review the proposed water and sediment sampling program, lake protection/restoration plan, Phase I report, public participation activities, and all other information generated and procedures contemplated as part of this project for appropriateness and compliance with applicable rules, regulations, and guidance. -3- c. Perform water quality sampling and chemical and biological laboratory analysis of water, sediment, and fish samples for parameters collected at the frequency and locations specified in the Phase I application, or as mutually agreed to by the City, the Agency, and the USEPA. d. Manage and computerize water quality data collected under the Phase study. Enter data into STOREY and the Agency's Comprehensive Lake Data Management System. Provide the City with copies of data sheets as results received and printouts summarizing data for tie final Phase I study report. Provide graphical outputs of data as mutually agreed to by the City and the Agency. C. COST ASSIGNMENT 1. 2. City Costs - a. The City shall provide at least x50,000.00 for costs incurred associated with this Agreement as the non-federal match required under the Phase I Grant for the diagnostic/feasibility study of Canton Lake. Documentation of work performed, costs incurred, and evidence of payment shall be submitted to the Agency as specified in Section C.l.d, of this Agreement. b. After the City has expended x50,000.00 for costs incurred to perform the diagnostic/feasibility study, the City shall prepare and submit statements of their incurred costs with requests for payment from the Agency of up to x21 ,550.00. The City shal 1 submit invoices for payment no more frequently than monthly. Such invoices should document work performed and costs incurred as specified in Section C.l.d, of this Agreement. c. , The City agrees that these costs are supported by 1 ocal funding used exclusively for this project and will not be used to match any other Federal grant. d. The City shall submit to the Agency statements detailing the amount and value of the work and services performed under this Agreement and supplemented or accompanied by such supporting documentation as may be required by the Agency. The format and content of these statements shall be specified by the Agency. The statements shall be submitted to the Lake and Watershed Unit, Planning Sec tion, Division of Water Pollution Control, Illinois Environmental Protection Agency, 2200 Churchill Road, P.O. Box 19276, Springfield, Illinois 62794-9276. Agency Costs - a. The Agency shall use up to x28,450.00 in Federal Clean Lakes Program funds for water quality sample collection, chemical and biological laborato ry analyses, data management and analyses, and project management and administration in support of the Phase I grant. - 4 - b. After the City has expended X50,000.00 for costs incurred to perform the diagnostic/feasibility study, the City may invoice the Agency for up to 100% of their costs to complete the study. Such invoices shall be based on the value of work and services performed and be accompanied by supporting documentation as described in Section C.l.d. of this Agreement. Total costs to be paid by the Agency shall not exceed X21,550.00. D. AGREEMENT PERIOD This Agreement shall be in effect from its date of execution through June 30, 1994. No services will be paid which are performed prior to the execution date or subsequent to the expiration date of this Agreement. E. TERMINATION 1. This agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this agreement through no fault of the fermi nati ng party, provided that no termination may be effected unless the other party is gi ven 1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and 2) an opportunity for consultation with the terminating party prior to termination. 2. This agreement may be terminated in whole or in part in writing by the Agency for its convenience, provided that the City is given 1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and 2) an opportunity for consul tati on with the terminating party prior to termination. 3. If termination for default is effected by the Agency, an equitable adjustment in the price provided for in this agreement shall be made, but 1) no amount shall be allowed for anticipated profit on unperformed services or other work, and 2) any payment due to the City at the time of termination may be adjusted to cover arty additional costs to the Agency because of the City's default. If termination for default i s effected by the City, or if termination for convenience is effected by the Agency, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for arty termination shall provide for payment to the City for services rendered and expenses incurred prior to the termination, i n addition to termination settlement costs reasonably incurred by the City relating to commitments which had become firm prior to the termination. 4. Upon receipt of a termination action under paragraphs 1 or 2 above, the City shall 1) promptly discontinue all affected work (unless the notice directs otherwise), and 2) deliver or otherwise make available to the Agency all data, drawings specifications, reports estimates, summaries and such other information and materials as may have been accumulated by the City in performing this agreement, whether completed or in process. - 5 - 5. Upon termination under paragraphs 1 or 2 above, the Agency may take over the work and may award another party to complete the work under this agreement. 6. If, after termination for failure of the City to fulfill contractual obligations, it is determined that the City had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the Agency. In such event, adjustment of the price provided for in this agreement shall be made as provided in paragraph 3 of the clause. 7. If the City terminates this Agreement prior to expending and documenting the required x50,000.00 non-federal match specified in Section C.l.a. of this Agreement, the City will reimburse- the State of Illinois for all incurred expenses related to USEPA Grant No. S-995204-O1-0 not recovered from the USEPA. F. AMENDMENTS This Agreement and any attachments hereto constitute the entire Agreement between the parties. No amendment to this Agreement shall take effect until approved by the Agency and City in writing. G. AUDIT AND ACCESS TO RECORDS 1. The City shall maintain books, records, documents, and other evidence directly pertinent to performance of USEPA grant work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, the Agency or any of their duly authorized representatives shall have access to such books, records, documents and other evidence for the purpose of inspection, audit, and copying. The City will provide proper facilities for such access and inspection. 2. The City agrees to include paragraph (1) of this clause in all of its contracts and all their subcontracts directly related to project performance which are in excess of x10,000.00. H. SUPERSESSION The Agency and the City agree that th i s and other appropriate clauses i n 40 CFR 31 and 40 CFR 30 Subpart H, or their equivalent, apply to that work eligible for USEPA assistance to be performed under this Agreement and that these clauses supersede any conflicting provisions of this Agreement. I. PRIVITY OF AGREEMENT This Agreement is expected to be funded in part with funds from the USEPA. Neither the United States or any of its departments, agencies or employees is, or will be, a party to this Agreement or any lower tier Agreement. This agreement is subject to regulations contained in 40 CFR Part 31 in effect on the date of the assistance award for this project. -6- J. SUBCONTRACTS Any subcontractors and outside associates or consultants required by the City i n connecti on with the services covered by this Agreement wil 1 be 1 imi ted to such individuals or firms as were specifically identified and agreed to during negotiations, or as specifically authorized by the Agency during the performance of this Agreement. Any substi tuti ohs in or addi tions to wch subcontractors, associates, or consultants wil 1 be subject to the prior approval of the Agency. The City shall submit to the Agency a copy of each contract which i t enters into with subcontractors. The City shall submit this copy to the Agency within seven (7) days of the date on which the City enters into the contract with the subcontractor. K. APPROPRIATION CONTINGENCY Obligations of the State will cease immediately without penalty of further payment being required if in arty fiscal year the Illinois General Assembly or federal funding source fails to appropriate or otherwise make available sufficient funds for this agreement. IN WITNESS WHEREOF, the parties execute this contract this day of 19 City of Canton BY ona war s Mayor, City of Canton or oc a ecur y o. INT NCY CONCURRENCE: i on anager SF:GG:jas/1035q,1-7/sp Illinois Environmental Protection Agency BY a e, rec r ~~~ a ~cer v -7- J. SUBCONTRACTS ARy subcontractors and outside associates or consultants required by the City i n connection wi th the services covered by this Agreement will be 1 imi ted to such individuals or firms as were specifically identified and agreed to during negotiations, or as specifically authorized by the Agency during the performance of this Agreement. Arty substitutions in or additions to such subcontractors, associates, or consultants will be sub,~ect to the prior approval of the Agency. The City sh al 1 submit to the Agency a copy of each contract which i t enters into with subcontractors. The City shall submit this copy to the Agency within seven (7) days of the date on which the City enters into the contract with the subcontractor. K. APPROPRIATION CONTINGENCY Obligations of the State will cease immediately without penalty of further payment being required if in arty fiscal year the Illinois General Assembly or federal funding source fails to appropriate or otherwise make available sufficient funds for this agreement. IN WITNESS WHEREOF, the parties execute this contract this day of 19 City of Canton Illinois Environmental Protection Agency BY BY ona ar s a e, rec r Mayor, City of Canton or oc a cur y •. INTR - NCY CONCURRENCE: /, ; v on anager ca cer SF:GG:~as/1035q,1-7/sp -1-