TRANSMITTAL LETTER FOR BOARD MEETING OF JUNE 15, 2023
COMMITTEE ON STORMWATER MANAGEMENT
Mr. Brian A. Perkovich, Executive Director
Title
Authority to negotiate and enter into an American Rescue Plan Act Subrecipient Agreement with Cook County for joint funding of stormwater management projects located in Cook County
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Dear Sir:
Authorization is requested to negotiate and enter into an American Rescue Plan Act (ARPA) Subrecipient Agreement with Cook County (County) for joint funding of stormwater management projects located in Cook County.
The purpose of the ARPA subrecipient agreement is to provide federal funding allocated to the County to expand the scope of the District’s existing stormwater management program to build climate resiliency within more County communities through increased identification and implementation of flood mitigation projects.
The District and the County have identified sixteen (16) stormwater projects (see attached list) to apply up to $18,000,000.00 towards planning, engineering, or construction. These projects were generated through a screening process from existing inventories of known drainage problems and/or potential projects. Factors considered included flooding impacts to roadways and/or structures, project complexity and anticipated schedule, project effectiveness (i.e. cost and number of benefitting structures), and local capacity constraints. If any of the identified projects included on this list are later found to be incompatible with the District’s stormwater program, or if future projects are identified in coordination with the District and the County, the ARPA funding included in this agreement may be reallocated to other stormwater management projects. As each project is advanced, future requests for authorization from the Board of Commissioners will be sought on a project-by-project basis via Intergovernmental Agreements with local municipalities and townships for partner led projects, or through contract advertisements for projects to be constructed by the District.
The Subrecipient Agreement (Agreement) sets forth the standard federal requirements that are applicable to the ARPA funding, such as financial management standards, recordkeeping, performance reports, and prohibitions on the use of federal funds for political activities and lobbying.
The Agreement also incorporates certain policies of the County, such as defense and indemnification for claims arising out of District activities or projects carried out under the Agreement, and a right to recover reasonable attorney’s fees if the County prevails in a proceeding to enforce the Agreement. The funds awarded under the Agreement are expected to be obligated by December 2024 and expended by November 2026.
Based on the foregoing, the Engineering Department recommends that the District be authorized to negotiate and enter into the ARPA Subrecipient Agreement with the County for joint funding of stormwater management projects located in Cook County.
It is further requested that the Chairman of the Committee on Finance, the Executive Director, and the Clerk be authorized to execute the above captioned agreement on behalf of the District, as well as any documents necessary to effectuate the agreement, upon approval by the Director of Engineering as to technical matters and by the General Counsel as to form and legality.
Requested, Catherine A. O’Connor, Director of Engineering, KMF:JK
Recommended, Brian A. Perkovich, Executive Director
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for June 15, 2023
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