HomeMy WebLinkAboutRESOLUTION - 2-00 - 1/4/2000 - GRANT AGRMT/IL DEPT NATURAL RESOURCESRESOLUTION NO. 02-00
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND
VILLAGE CLERK TO EXECUTE A GRANT AGREEMENT BETWEEN THE
STATE OF ILLINOIS DEPARTMENT OF NATURAL RESOURCES AND THE
VILLAGE OF ELK GROVE VILLAGE (BIKEPATHS/WALKWAY/I-290 OVERPASS
NOW, THEREFORE, BE IT RESOLVED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DuPage, State of Illinois as follows:
Section 1: That the Village President be and is hereby
authorized to sign the attached documents marked:
ELK GROVE VILLAGE
GRANT AGREEMENT
BETWEEN THE
:PARTMENT OF NATURAL RESOURCES
AND THE
VILLAGE OF ELK GROVE VILLAGE
a copy of which is attached hereto and made a part hereof as if fully
set forth and the Village Clerk is authorized to attest said
documents upon the signature of the Village President.
Section 2: That this Resolution shall be in full force and
effect from and after its passage and approval according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 4th
APPROVED this
ATTEST:
Ann I. Walsh
Village
9/RE50602IDNRgrantagreement.dcc
day of January , 2000.
day of January , 2000.
Craig B. Johnson
Village President
Contract No. IF 1913
GRANT AGREEMENT
BETWEEN THE
DEPARTMENT OF NATURAL RESOURCES
AND THE
Village of Elk Grove
This Grant agreement between the State of Illinois, Department of Natural Resources, hereinafter
referred to as the DNR, and the Village of Elk Grove hereinafter referred to as the Village.
Witnesseth:
Whereas, Illinois Compiled Statutes section 20ILCS 805/63b2.9 authorizes the DNR to make grants
to other State agencies, universities, not-for-profit organizations and local governments, pursuant
to an appropriation in the exercise of its statutory powers and duties.
Whereas, Article 40, Section 2-105 of Senate Bill 630 appropriated the sum of $315,000 from the
Build Illinois Bond Fund to the DNR for a grant to the Village for designing bikepaths and
walkways.
Whereas, the appropriation made under Section 2-105 of Senate Bill 630 is made to the DNR to
provide funding to the Village which is subject to the terms and conditions of this agreement as
required pursuant to the Grant Funds Recovery Act (30 ILCS 705/1 et. seq.).
Whereas, funds provided under this agreement shall be used for the public purpose of designing
bikepaths and walkways which is acknowledged to be within the scope of powers and duties of
DNR and the Village and that this public purpose is furthered by the execution of this agreement.
Now therefore, for and in consideration of the mutual benefits to be derived from carrying out the
undertakings hereinafter contained, the sufficiency of which is hereby acknowledged, as well as
other good and valuable consideration, the parties hereto agree as follows:
GRANT: In accordance with Senate Bill 630, which was passed by the State of Illinois
General Assembly and signed by the Governor of Illinois, the DNR awards this grant of
$315,000 Build Illinois Bond Funds to be used for designing bikepaths and walkways as per
documents provided by the Village to the DNR and attached to this Agreement. (Attachment
A).
2. TERMS: The terms of this agreement shall be from the execution date of this Agreement
to June 30, 2001. All payments made from this grant are to be for costs incurred and for
work related to this project as per the documents provided by the Village to the DNR and
attached to this Agreement. (Attachment A).
GRANT AMOUNT: The amount of this grant is $315,000.
4. DISBURSEMENTS: All funds being disbursed through this grant will be on a
reimbursement basis. The Village will submit to DNR requests for funding, up to the
funding limit established in this Agreement. Billings may be submitted on a monthly basis
with no billing to be submitted for less than $50,000; the only exception being the final
billing. All disbursement requests will be accompanied by an executed copy of the DNR's
"Payment Request Certification", (Attachment B), a copy of which is attached to this
Agreement.
RESPONSIBILITIES OF THE Villaee: The Village is to provide the DNR with copies
of all vendor billings and invoices paid with these grant funds and copies of the Village's
canceled checks or lien waivers for said expenditures. Upon request, the Village is to
provide copies of or access to all contracts pertaining to this grant.
The Village is to file with the DNR a progress report by January 1, 2000 relating to the
progress of the grant project, (Attachment C), a copy of which is attached to this Agreement.
It is to be mailed to Department of Natural Resources, Division of Grant Administration, 524
South Second Street, Room 315, Springfield, Illinois 62701-1787.
APPROPRIATION: Obligations of the DNR will cease immediately without penalty of
further payment being required if, in any fiscal year, the Illinois General Assembly fails to
appropriate or otherwise make available sufficient funds for this contract.
CERTIFICATIONS:
(Attachment D ).
TERMINATION: This contract may be terminated immediately for violation of terms or
at the will of either party upon 30 days written notice. In the event of termination, the
Village will be reimbursed for allowable project expenditures up to the date of termination.
LAWS OF ILLINOIS: The Village shall be governed in all respects by the laws of the
State of Illinois and applicable Federal laws.
10. UNLAWFUL DISCRIMINATION:
A. The Village agrees not to commit unlawful discrimination in employment in Illinois
as that term is used in the Illinois Human Rights Act (775 ILCS, 5/ 1-101 et. seq.).
B. The Village agrees to comply with "An Act" to prohibit discrimination and
intimidation on account of race, creed, color, sex, religion, disability, or national
origin in employment under contracts for public buildings or public work, approved
July 8, 1993, as amended. The provisions of this Act are made part of this contract
by reference as though set forth in full within.
11. AUDITS AND RECORDS: The Village shall maintain, for a minimum of 5 years after the
completion of the contract, adequate books, records, and supporting documents to verify the
amounts, recipients, and uses of all disbursements of funds passing in conjunction with the
contract; the contract and all books, records, and supporting documents related to the
contract shall be available for review and audit by the Auditor General; and the contractor
agrees to cooperate fully with any audit conducted by the Auditor General and to provide full
access to all relevant materials. Failure to maintain the books, records, and supporting
documents required by this Section shall establish a presumption in favor of the State for the
recovery of any funds paid by the State under the contract for which adequate books,
records, and supporting documentation are not available to support their purported
disbursement.
All records are subject to inspection and audit by the DNR or its representatives. Any audit
findings pertaining to this grant that result in a documented misuse of these grant funds by
the local governmental unit are grounds for the State to receive a reimbursement of such
funds, but only to the extent of the misuse; provided, however, if the Village disagrees with
the audit findings it may take appropriate steps to contest the reimbursement. This provision
applies to all audit findings regarding the grant funds, whether the audit was conducted by
the state, local government unit or outside auditors. The DNR is to be notified of any such
findings by the Village. Copies of any audits performed on the Village during the period of
the grant are to be supplied to the DNR.
12. INDEMNIFICATION: The Village covenants and agrees that it shall indemnify, protect,
defend and hold harmless DNR from any and all liability, costs, damages, expenses, or
claims thereof arising under, through or by virtue of the construction, operation and
maintenance of the proposed facilities.
13. PERMITS & ENVIRONMENTAL COMPLIANCE:
A. Work on the approved project shall not commence and no payment under this grant
shall be made until the Village, as set forth under the Department's Comprehensive
Review Process (CERP), has initiated and completed: all necessary project review
consultation with the Department as required by section I 1 of the Endangered
Species Protection Act, 520 ILCS 10/11; section 17 of the Illinois Natural Areas
Protection Act, 525 ILCS 30/17; the mitigation or compensation determinations
required by the Interagency Wetland Policy Act, 20 ILCS 830/1 et seq. and the
environmental and economic impact determination required by section 9 of the
Historic Preservation Act, 20 ILCS 3410/9.
B. In connection with and prior to the construction, and thereafter the subsequent
operation and maintenance of the grant assisted facilities, the Village agrees that it
shall be responsible for and obtain all necessary Permits, Licenses or Forms of
Consent, as the case may be, as required by law.
14. The Village certifies that neither it nor any substantially -owned affiliated company is
participating or shall participate in an international boycott in violation of the provisions of
the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of
Commerce promulgated under that Act.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the date entered below.
STATE OF ILLINOIS
By:
(Signature)
Director
(Title)
Department of Natural Resources
Required additional signatures for contracts and contract
renewals totalling $250,000 or more per Public Act 90-452.
DNR Chief Legal Counsel
DNR Chief Fiscal Officer
Attachments: A. Scope of Construction Work
B. Payment Request Certification Form
C. Project Status Report
D. State of Illinois, Grant Contract Certifications
PROJECT SPONSOR
Village of Elk Grove Village
(Agency)
(Signature)
Craig B. Johnson
(Name)
Village President
(Title)
Approved for use by DNR Legal Courtsel, 12/97
PROJECT SPONSOR:
Elk Grove Village
GRANT AMOUNT: $315,000.00
PROJECT DESCRIPTION:
Attachment A
PROJECT TITLE:
design bikepaths and walkways
PROJECT NUMBER: IF1913
Project consists of the planning and design of bike path and overpass structure
crossing Interstate 290 and Martingale Road. The planning studies will evaluate
alternative alignments for the bike path between Meacham Road and Busse Woods
Trail, and along connector routes (i.e., Rohlwing/Martingale Road).
ATTACHMENT B
DEPARTMENT OF NATURAL RESOURCES
GRANTPROGRAM
Payment Request Certification
I certify that the goods or services specified on this request for payment were for the use of this
agency and that the expenditure for such goods or services was authorized and lawfully incurred, that
such goods or services meet all the required standards set forth in the grant agreement to which this
request for payment relates, and that the amount shown below on this request is correct and approved
for payment.
Amount of Reimbursement Requested
Date of Request:
Requested By:
Signature of Authorized Officer
Agency:
Contract#:
FEIN#:
Attach copies of vendor billings, proof of payment, and other necessary documentation.
IL Dept. of Natural Resources
of Grant Administration (DGA)
Project #:
Project Sponsor:
Project Title:
Check appropriate box:
00II:CM] IitfMre
Grant Adm. Division
Development Project Status Report
(Reports due January 1 and July 1 to DGA)
[ ] Project currently in design stage. (Anticipated bid advertisement date:
All necessary construction permits secured: [ ] Yes [ ] No
(If no, describe on back of page what permits are still needed and their status)
[ ] Project currently out to bid or bids received
(Anticipated construction start date:
[ ] Project under construction (approx. percentage completed)
completion date: )
[ ]<25% [ ] 25% [ 150% [ ] 75% [ ] 90%
(provide brief description of work completed and remaining to be done)
[ ] Project construction complete. (Anticipated Final Billing submittal date:
Comments
Prepared by: Date:
ILLINOIS
ATTACHMENT D
CERTIFICATIONS
(Contractor as stated herein refers to the Grantee or Project Sponsor)
DEPARTMENT OF NATURAL I The Contractor certifies that it is not barred from being awarded a contract or subcontract under Section
RESOURCES 50 of the Illinois Procurement Code (30 ILCS 500/50).
II. The Contractor certifies that it has not been barred from contracting with a unit of State or local government as a result of a
violation of Section 33-E3 or 33-E4 of the Criminal Code of 1961 (720 ILCS 5133E-3, 720 ILCS 5133E-4).
III. The Contractor certifies that it is not in default on an educational loan as provided in Public Act 85-827 (5 ILCS 385/1)
(A partnership shall be considered barred if any partner is in default on an educational loan).
IV. The Contractor is not prohibited from selling goods or services to the State of Illinois because it pays dues or fees on behalf
of its employees or agents or subsidizes or otherwise reimburses them for payment of their dues or fees to any club which
unlawfully discriminates (775 ILCS 25/1).
V. Under penalties of perjury, I certify that the name, taxpayer identification number, and legal status listed below are correct.
Name:
Taxpayer ID / Social Security Number:
OR
Federal Employer Identification Number (FEIN)
{If you are an individual, enter your name and SSN as it appears on your Social Security Card, lfcompleting this certification for a sole
proprietorship, enter the owner's name folloved by the name of the business and the owner's SSN For all other entities, enter the name
of the entity as used to applyfor the entity's FE/N.)
Legal Status (Check one):
❑ Individual
❑ Owner of Sole Proprietorship
❑ Partnership
❑ Tax-exempt hospital or extended care facility
❑ Corporation providing or billing
medical and/or health care services
O Corporation NOT providing or
billing medical and/or health care service
❑ Governmental Entity
❑ Nonresident alien individual
❑ Estate or legal trust
❑ Foreign corporation, partnership, estate, or trust
❑ Other:
VI. This certification is required by the Drug Free Workplace Act (30 ILCS 580/1) for contracts and grants effective January 1, 1992.
The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purposes
of being awarded a contract from the State for the procurement of any property or services unless that the grantee or contractor
will provide a drug free workplace and that Individuals must not engage in the unlawful manufacture, distribution, dispensation,
possession or use of a controlled substance in the performance of the contract or grant. False certification or violation of the
certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the
contract or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but not more than
five (5) years.
CONTRACTOR/GRANTEE: For the purpose of this certification, "grantee" or "contractor' means a corporation, partnership,
or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division, or other unit
thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled
substance, including cannabis, is prohibited in the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will:
(A) abide by the terms of the statement; and
(B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than
five (5) days after such conviction.
(b) Establishing a drug free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's or contractor's policy of maintaining a drug free workplace;
(3) any available drug counseling, rehabilitation, and employee assistance programs;
(4) the penalties that may be imposed upon employees for drug violations.
(c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the
contract or grant and to post the statement in a prominent place in the workplace.
(d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of
subsection (a) above from an employee or otherwise receiving actual notice of such conviction.
(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by,
any employee who is so convicted as required by section 5 of the Drug Free Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug counseling, treatment, and rehabilitation is required
and indicating that a trained referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free
Workplace Act.
INDIVIDUALS: If contractor is an individual, or an individual doing business in the form of a sole proprietorship, the individual
certifies that the individual will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a
controlled substance in the performance of the contract. Vendor certifies that it will not engage in the unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance in the performance of the contract. This requirement
applies to contracts of more than $5,000.
VII. In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, and Section
504 of the Federal Rehabilitation Act, the Department of Central Management Services does not unlawfully discriminate in
employment, contracts, or any other activity.
Contractor, its employees and subcontractors, agree notto commit unlawful discrimination and agree to complywith applicable
provisions of the Illinois Human Rights Act, the Public Works Employment Discrimination Act, the U.S. Civil Rights Act and
Section 504 of the Federal Rehabilitation Act, and rules applicable to each. The equal employment opportunity clause of the
Department of Human Rights' rules is specifically incorporated herein.
The Americans with Disabilities Act (42 U.S.C. 12101 at seq.) and the regulations thereunder (28 CFR 35.130) (ADA) prohibit
discrimination against persons with disabilities by the State, whether directly or through contractual arrangements, in the
provision of any aid, benefit or service. As a condition of receiving this contract, the undersigned vendor certifies that services,
programs and activities provided under this contract are and will continue to be in compliance with the ADA.
VIII. Contractor certifies he/she has informed the director of the agency in writing if he/she was formerly employed by that agency
and has received an early retirement incentive under Section 40 ILCS 5/14-108.3 or 40 ILCS 5/16-133.3 of the Illinois Pension
Code. Vendor acknowledges and agrees that if such early retirement incentive was received, this contract is not valid unless
the official executing the contract has made the appropriate filing with the Auditor General prior to execution.
IX. RETENTION OF RECORDS: Contractor shall maintain, for a minimum of five years after completion of the contract, adequate
books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in
conjunction with the contract; that the contract and all books, records, and supporting documents related to the contract shall
be available for review and audit by the Auditor General pursuant to PA 87-991; and that the contractor agrees to cooperate
fully with any audit conducted by the Auditor General and to provide full access to all relevant materials. Failure to maintain
books, records, and supporting documents required by this Section shall establish a presumption in favor of the State for the
recovery of any funds paid by the State under the contract for which adequate books, records, and supporting documentation
are not available to support their purported disbursement.
X. SEXUAL HARASSMENT: Pursuant to 7751LCS 5/2-105(A)(4), vendor shall have written sexual harassment policies that shall
include, at a minimum, the following information: (1) the illegality of sexual harassment; (ii) the definition of sexual harassment
under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the vendorl's internal complaint process
including penalties; (v) the legal recourse, investigative and complaint process available through the Department of Human
Rights and the Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii)
protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policies shall be
provided to the Department upon request.
XI, For contracts exceeding $10,000, the Contractor certifies that neither it nor any substantially -owned affiliated company is
participating or shall participate in an international boycott In violation of the provisions of the U.S. Export Administration Act
of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act.
XII. Contractor shall notify the Department's Ethics Officer if Contractor solicits or intends to solicit for employment any of the
Department's employees during any part of the procurement process or during the term of the contract.
XIII. WAGES OF LABORERS, MECHANICS AND OTHER WORKERS: If applicable, the Contractor shall be required to observe
and comply with provisions of the "Prevailing Wage Act," 820 ILCS 130/1 at seq., which applies to the wages of laborers,
mechanics and other workers employed in any public works.
The undersigned acknowledges and agrees that each of the certifications or amendments shall be incorporated into and made a
part of the invitation for bids, request for proposals, agreement, contract, amendment, renewal or other similar document to which
these certifications are attached.
CONTRACTOR:
BY:
TITLE:
DHR Public Contract Number'
(' ) Department of Human Rights Public Contract Number. Each
Contractor having 15 or more employees must have a current Public
Contract number or have proof of having submitted a completed
application for one. Application forms may be obtained by contacting
the Department of Human Rights, Public Contracts Section, 100 W.
Randolph, 10� Floor, Chicago, Illinois 60601 or calling 312/814-2432
(TDD 312/263-1579). In the space provided, show your Public Contract
Number or, if not available, the date a completed application for the
number was submitted to the Department of Human Rights. Contractors
with less than 15 employees may indicate "not applicable".
Approved by DNR Legal Counsel January, 1999