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HomeMy WebLinkAbout07-193 Resolution No. 07-193 RESOLUTION AUTHORIZING EXECUTION OF A FINANCIAL ASSISTANCE AGREEMENT WITH THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY(IEPA) FOR THE ELGIN REGIONAL PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute a financial assistance agreement on behalf of the City of Elgin with the Illinois Environmental Protection Agency (IEPA) for the Elgin Regional Park, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk Financial Assistance Agreement State of Illinois Illinois Environmental Protection Agency Bureau of Water AGREEMENT PERIOD: The period of performance covered by this agreement shall be from The Date of Execution through August 1, 2008. No services will be paid which are performed prior to or subsequent to this performance period. Assistance Amount $48,000.00 Agreement Type 319 Agreement Number 3190422 Recipient City of Elgin Address 100 Symphony Way Telephone (847) 31-6127 Elgin, Illinois 60120 FAX () Project Description/Scope of Work REGIONAL STORMWATER BMP PARK Under this Agreement, the Recipient shall complete the following tasks. REVISED CONCEPT PLAN 1. The Recipient shall update the conceptual master plan for the new recreational park to be located on a 224-acre parcel at the intersection of Muirhead Road and Plank Road in Elgin, Illinois. The plan shall be updated to include a state-of-the-art stormwater management system, which emphasizes hydrologic approaches to nonpoint source pollution control by reducing both the volume of runoff and the concentrations of pollutants through infiltration, evaporation, and sedimentation. The plan shall identify proposed best management practices (BMPs) for the park that would treat site runoff prior to release to Tyler Creek, serve as a research facility to test BMP performance in northeastern Illinois, and serve as a regional BMP system that will serve a larger watershed of over 5000 acres. Two (2) paper copies of the updated concept plan shall be completed and submitted by the Recipient to the Illinois EPA by July 1,.2007. BMP SELECTION AND FACT SHEETS 2. The Recipient shall identify selected stormwater BMPs to be implemented at the park along with critical areas in which to implement the selected BMPs. These BMPs should be effective at both the regional and local scale. Selected BMPs should reduce or treat runoff from the impervious surfaces such as roads, parking lots and buildings proposed on the site. Identification of each selected BMPs will include an estimate of pollutant removal page I of 4 05/07 Agreement No. 3190422 efficiency calculated using the Illinois EPA's Estimating Pollutant Load Reductions for Nonpoint Source Pollution Control BMPs workbook. Two (2) paper copies of the selected BMP identification shall be completed and submitted by the Recipient to the Illinois EPA by November 1, 2007. The Recipient shall develop and publish fact sheets for each selected BMP that include basic information about the BMP (sizing criteria, etc.), expected BMP performance and the proposed monitoring program. A fact sheet will also be prepared for the regional BMPs that will serve the upstream Tyler Creek watershed. The brochures shall acknowledge the participating agencies and identify Section 319 of the Clean Water Act as the funding source of this project. A draft of each brochure identifying the proposed layout, narrative, and graphics shall be completed and submitted by the Recipient to the Illinois EPA by November 1, 2007. Two (2) paper copies and one (1) electronic copy of each final brochure shall be submitted by the Recipient to the Illinois EPA by December 1, 2007. COLLABORATE WITiJOUTSiDE PARTIES 3. The Recipient shall interface with CMAP to ensure that Elgin Regional BMP Park is recognized as a recommendation in the updated Tyler Creek Watershed Management Plan. During the preliminary plan preparation phase, the Recipient will solicit input from: Illinois EPA, CMAP, USEPA, Kane County, Kane County Soil and Water Conservation District, and the Forest Preserve District of Kane County. The Recipient will also promote and publicize the stormwater BMP park and be available for public input. The Recipient will develop press releases as the project progresses. MONITORING PROGRAM 4. The Recipient shall prepare a monitoring program to evaluate the effectiveness of the BMPs identified in Item 2 of this Agreement. The goals and objectives of the monitoring program will be developed based on the approved concept plan and selection of site BMPs. The monitoring program description will include recommended sampling protocols, required equipment, and estimated costs. If a monitoring partner has been identified, the program will be developed as a collaborative effort. If not, the program will be prepared as a way to further the Recipient's efforts in identifying a future monitoring partner. Two (2) paper copies and one (1)electronic copy of the monitoring program shall be completed and submitted by the Recipient to the Illinois EPA by June 1, 2008. PRELIMINARY SITE PLAN 5. The Recipient shall prepare a preliminary site plan focusing on the stormwater BMPs will (design of traditional site features will not be funded by this grant). This plan will show the proposed facilities and the proposed BMPs at the site. The drainage system will include provisions for access, housings and sampling points for hydrologic and water quality monitoring equipment. The plan will also indicate areas where interpretive signs will inform the public of the unique aspects of each BMP. Two (2) paper copies and one(1)electronic copy of the plan shall be completed and submitted by the Recipient to the Illinois EPA by July 15, 2008. page 2 of S OV07 Agreement No. 3190422 OTHER DIRECTED ACTIVITIES 6. The Recipient shall be available for coordination and progress briefings. The dates and locations of these briefings will be specified by the Illinois EPA in consultation with the Recipient during the course of the project. 7. The Recipient shall submit a written progress report by the fifteenth (15th) of July, October, January, and April occurring during the Agreement Period. Whenever practical reports should be submitted printed two sided. 8. All products produced and all work performed by the Recipient under this Agreement shall be subject to review and approval by the Illinois EPA to determine eligibility and acceptability in meeting the terms and intent of this Agreement. 9. The Recipient and the Illinois EPA retain the right to cite, quote, circulate, and reprint all documents and other materials produced under this Agreement. The Recipient will include in any publications for external general circulation (including brochures, newsletters, and presentations materials) the following phrase: "Funding for this project provided, in part, by the Governor of Illinois and the Illinois Environmental Protection Agency through Section 319 of the Clean Water Act." page 3 of 5 05107 Agreement No. 3190422 Project Schedule Description Completion Date REVISED CONCEPT PLAN 1. Updated Concept Plan July 1, 2007 BMP SELECTION AND FACT SHEETS 2. Selected BMP Identification November 1, 2007 Draft Brochures November 1, 2007 Final Brochures December 1, 2007 COLLABORATE WITH OUTSIDE PARTIES 3. Collaboration and Publicity August 1,2008 MONITORING PROGRAM 4. Monitoring Program June 1, 2008 PRELIMINARY SITE PLAN 5. Preliminary Site Plan July 15, 2008 OTHER DIRECTED ACTIVITIES 5. Progress Report Quarterly as stipulated Estimated Allowable Project Costs Project Cost Summary Totals r"•�..1.-. - ._7i:^ 'rit�:: .. :i'f•• � ;0�• 2 fir, t`•� `��:�,:, , . .. ., i�000 - 8:�- e - .:4_.��jl•.,�.Q.rE.-..•.q�,.Yi._„.",tt'Sn..BORNEO- Mir ennT�' ��'a.lwe,._s.r•i.•,,,!��.:�._t;, •.1�::4 ..1.: i_�j:R.'M`:t�' �.:::,:,k.:,:� ¢'i;fr-::'Si.i i,_:{,^y:.1�'-•:-0 0:-:: .l.i `(��.;�..r.�{-.s.�.....r.`:1��..::i°1:.,.GA'tar;3�n"�C.'�i-e'ili^i^.s5....:....•.tz�::..,nS-.,S'�:':!"R;:_t•��+i1:�I..._..... .. .r �+��,'t,V, js'F�r. �'"^''tiCt+S-F,''• .�• �. n'3i 1�r'�:'!��"':'ry`i••'i�•..7.=S,�y�•��J'.•�;� ��ryy_ .�r�,�,`�����-t,��1�'s.,�lt1'�!f��, ' ...,/'.�°t 1i •?'�!ll�!!��� IY;:`."'iLa.i....1.J.��,tra._t,,..+kiNG.:d:•.� �:.�;9r__...._....,_.�..:-1:.�:.n'�•"•�Y.e:r�:•.•....•�.' 7�f.�1'':�(':�� fr��F,: 1'�' ��i_ y�'J� OLO.:O�j:.:. . Consultant 80,000.00 TOTAL $ 80.000.00 Assistance Amount at 60% $ 48.000.00 Recipient Share at 40% $ 32,000.00 page 4 of 5 05/07 P7/23/2007 11:13 8475317020 PAGE 03/03 r Agreement No.3190422 Offer and Acce fence This Financial Assistance Agreement is subject to all applicable State and Federal statutory provisions, State and Federal Grant Regulations, the Conditions/Certifications attached hereto, and certifications provided as part of the Recipients Application for Assistance. For the State of Illinois Environmental Protection Agency: The Director (herein called the "Director") of the Illinois Environmental Protection Agency, In accordance with the authority given in the Environmental Protection Act, and in appropriation by the General Assembly made pursuant thereby, hereby offers finaTiciel assistance to the Recipient, up to and not exceeding the specified amount, for the support of the efforts contained in Project Desorlp r Directo AU glas P. Scott) By )L-'�djo • Printed Name Title Date On behalf of the Recipient: I the undersigned, being duly authorized to take such actions, do hereby accept this offer and agree to all terms and conditions including the Conditions/Certiflcations attached hereto. Reciple Tftme �.." E Signatu By r- Printed Tit le Date (r, For the State of Illinois Environmental Protection Agency: Therefore,the State of Illinois executes this Agreement this day of .2007. page 5 of 5 05/07 CON DITIONS/CERTIF ICATIONS SECTION 319(h)FINANCIAL ASSISTANCE AGREEMENTS ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1. Taxpayer identification Number and Legal Status Disclosure Certification Under penalties of perjury, I certify that the name, taxpayer identification number, and legal status listed below are correct. Organization: Taxpayer Identification Number: Social Security Number(SSN): Federal Employer Identification Number(FEIN): (If you are an individual, enter your name and SSN as it appears on your Social Security Cam. !f completing this certification for a sole proprietorship, enter the owner's name followed by the name of the business and the owner's SSN. For all other entities, enter the name of the entity as used to apply for the entity's FEIN and the FEIN.) Legal Status (please check one): Individual (01) Owner of Sole Proprietorship(02) Partnership/Legal Corporation (03) Corporation NOT providing or billing medical and/or health care services(04) Governmental (08) Tax Exempt(includes: Not for Profit and Not for Profit Corp.) (16) Other: This Agency Is authorized to require this intormallon under 415 ILCS 514(k). Disclosure of this information Is required. Failure to do so may prevent this form from being processed and could result In your application being denied. This form has been approved by the Forms aecuun o i�ni Conditions/CeAifications Juy 2005 Page 2 of 13 Definition: The term "Recipient" as used herein refers to the Individual or entity Identified as the applicant In a Section 319(h) Financial Assistance Agreement Application Package submitted to the Illinois EPA for funding consideration. The term "Recipient" as used herein also refers to an Individual or entity who has entered Into a Financial Assistance Agreement with the Illinois EPA. 2. Capability The Recipient certifies that it: (i) Has authorityrinvolvement to accomplish the planned scope of work in the Financial Assistance Agreement(Agreement) project area. (ii) 1s capable of accomplishing the planned scope of work in a timely manner to meet scheduled deadlines during the Agreement period. (iii) Can obtain financial resources (eligible match), and has the necessary legal, financial, managerial, and institutional capability to perform the project activities throughout the Agreement period. 3. Recipient Share The Recipient certifies that the Recipients share of the total project cost is supported solely with non-federal funding used exclusively for this project and is not being used to match any other federal grant. 4. Responsibility of the Recipient The Recipient certifies that it shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all services furnished by the Recipient under this Agreement. The Recipient shall, without additional compensation, correct or revise any errors or deficiencies in its services. The Recipient certifies that it shall perform such services as may be necessary to accomplish the work required_under this Agreement, in accordance with all the terms of this Agreement. 5. Findings Confidential The Recipient certifies that any reports, information, data, etc., given to, prepared, or assembled by the Recipient under this Agreement which the Illinois Environmental Protection Agency (Illinois EPA) requests to be kept confidential as required by the Illinois Environmental Protection Act (415 ILCS 517 and 415 ILCS 517.1) shall not be made available to any individual or organization by the Recipient without prior written approval of the Illinois EPA. Section 319(h) Conditions/Certifications July 2005 Page 3 of 13 8. Subcontracts No Consultant Services (Subcontractors, outside associates, or consultants) may be utilized by the Recipient in connection with the services covered by this Agreement unless specifically authorized to do so, in writing, by the Illinois EPA. For the purposes of these conditions and certifications, the term "consultant services" is defined as those services provided under a financial assistance agreement to the State by an individual or group of individuals, acting as an independent contractor, qualified by education, experience, and technical ability to advise and assist in solving specific management and programmatic problems involving the organization, planning, direction, control and operation of Illinois EPA. Any Recipient who enters into a financial assistance agreement for consultant services with a State agency shall state in the financial assistance agreement whether he will utilize the services of a subcontractor. The financial assistance agreement shall include the anticipated amount of money,which will be paid to the subcontractor. If Consultant Services are authorized by the Illinois EPA,the Recipient shall submit to the Illinois EPA a copy of each agreement which it enters into with subcontractors within seven (7) days of the date on which the Recipient enters into the agreement with the subcontractor. If at any time, a Recipient who had not intended to utilize the services of a subcontractor, decides to utilize the services of a subcontractor, the Recipient and the Illinois EPA shall file an amendment to the original Agreement with the Comptroller. The amendment shall state the names and addresses of all subcontractors and the anticipated amount of money which they will receive pursuant to the original Agreement. 7. Assignments The Recipient certifies that neither this Agreement nor any interest therein, or claimed thereunder, shall be assigned or transferred by the Recipient except as specifically authorized by the Illinois EPA. 8. Wage Provisions The Recipient certifies that it will pay prevailing wages in accordance with the federal Davis-Bacon wage provisions. 9. Equal Employment Opportunity The Recipient certifies that it will comply with the Illinois Human Rights Act, the Americans with Disabilities Act, the Rules and Regulations of the Illinois Department of Human Rights, Civil Rights Act of 1964, Department of Labor regulations (41 CFR Part 60), and any other laws, regulations or orders, state or federal, which prohibit discrimination on the grounds of race, sex, color, religion, national origin, or handicap. In the event of the Recipients noncompliance with any provision of any such law, regulation or order, the Recipient may be declared non-responsible and therefore ineligible for future financial assistance agreements or subcontracts with the State of Section 318(h) Conditions/Certifications July 2005 Page 4 of 13 Illinois or any of its political subdivisions or municipal corporations, and the Agreement may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. 10. Contracting with Small and Minority Finns,Women's Business Enterprise and Labor Surplus Area Firms The Recipient certifies that it will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (Iv) Establishing delivery schedules,where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; (v) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (vi) Requiring the prime contractor, if subcontracts are to be let,to take the affirmative steps as listed in paragraph (i)through (v) of this section. The Recipient will complete and submit to the Illinois EPA the form entitled "MBENVBE Utilization Under Federal Grants, Cooperative Agreements and Other Federal Financial Assistance", (Form 334),fifteen days after the end of each calendar quarter year. 11. More Favorable Terms Clause All financial assistance agreements that include the rental or lease of electronic data processing equipment shall include a clause that if more favorable terms are granted by the lessor, supplier, dealer, or manufacturer to any similar state or local governmental agency in any state in contemporaneous leases or rental agreements covering data processing equipment let under the same or similar financial terms and circumstances, the more favorable terms shall be applicable to all agreements or contracts made by any similar Illinois state agency for the rental or lease of comparable data processing equipment from the lessor, supplier, dealer or manufacturer. Section 319(h) Condkions/Certifications July 2005 Page 5 of 13 12. Architectural, Engineering, and land Surveying Qualifications Based Selection Act The Recipient certifies that it will comply with the provisions of the Architectural, Engineering, and Land Survey Qualifications Based Selection Act. 13. Steel Products Procurement Act The Recipient certifies that it and all subcontractors shall only use steel products manufactured or produced in the United States for the construction, reconstruction, alteration, repair, improvement, or maintenance of products funded under this Agreement. The provisions of the Steel Products Procurement Act shall not apply: @ Where the contract involves an expenditure of less than $500.00. (ii) Where the Director of the Illinois EPA certifies in writing that (a) the specified products are not manufactured or produced in the United States in sufficient quantities to meet the Agency's requirements or cannot be manufactured or produced in the United States within the necessary time in sufficient quantities to meet the Agency's requirements, or (b) obtaining the specified products, manufactured or produced in the United States would increase the cost of the contract by more than ten (10)percent. (iii) When its application is not in the public interest. 14. Energy Efficiency The Recipient certifies that it will follow mandatory standards and policies on energy efficiency contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163). 16. State Prohibition of Goods from Forced Labor Act The Recipient certifies in accordance with Public Act 93-0307 that no foreign-made equipment, materials, or supplies fumished to the State under the contract have been produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. (Added January 2004) 16. Violating facilities The Recipient certifies that it will comply with all applicable standards, orders or requirements in effect at the time of the execution of this Agreement and issued under: (i) Section 306 of the Clean Air Act[42 U.S.C. 1857(h)]; (ii) Section 508 of the Clean Water Act(33 U.S.C. 1368); (iii) Executive Order 11738; and Section 319(h) Conditions/certifications July 2005 Page 6 of 13 (iv) U.S. EPA regulations(40 CFR Part 15). This prohibits the use, by the Recipient or any approved subcontractor, of facilities included on the U.S. EPA list of Violating Facilities unless and until the U.S. EPA eliminates the name of such facility from this listing. 17. Fraud and Other Unlawful or Corrupt Practices The Recipient certifies that it will effectively pursue available state or local legal and administrative remedies, and take appropriate remedial action with respect to any allegations or evidence of such illegality or corrupt practices, which are brought to its attention, such as bribery, graft, or kickbacks. The Recipient bears the primary responsibility for prevention and detection of such conduct and for cooperation with appropriate authorities in the prosecution of any such conduct. The Recipient shall advise the Illinois EPA immediately when any such allegation or evidence comes to its attention, and shall periodically advise the Illinois EPA of the status and ultimate disposition of any such matter. 18. Educational Loans The Recipient certifies that it, its staff, and subcontractors are not in default on an educational loan as provided in Section 3 of the Educational Loan Default Act 19. Sarbanes-Oxley Act of 200211111nols Securities Law of 1953 The Recipient certifies in accordance with 30 ILCS 500/50-10.5 that no officer, director, partner or other managerial agent of the contracting business has been convicted of a felony under the Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953 for a period of five years prior to the date of the bid or contract. The Recipient acknowledges that the contracting agency shall declare the contract void if this certification is false. (Added January 2004.) 20. Interference with Public Contracting/Bid Rigging/Bid Rotating Law The Recipient certifies that it has not been barred from bidding or from entering into a financial assistance agreement as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 and/or Section 10.2 of the Illinois Purchasing Act (30 ILCS 505/10.2). The Recipient understands that if such a false statement is made, it is committing a Class 3 felony. 21. Debarment, Suspension,and Other Responsibility Matters The Recipient certifies that to the best of its knowledge and belief, it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (ii) Have not within a three (3) year period preceding a financial assistance agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting Section 319(h) Conditions/Certifications July 2005 Page 7 of 13 to obtain, or performing a public (Federal, State, or local) transaction or agreement under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (M) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, local) with commission of any of the offenses enumerated in paragraph (ii)of this section; and (iv) Have not within a three (3) year period preceding a financial assistance agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. 22. Bribery The Recipient certifies that it or its representatives have not been convicted of bribing or attempting to bribe an officer of the State of Illinois, nor has the Recipient made an admission of guilt of such conduct which is a matter of record. 23. Drug Free Workplace Certification The Recipient certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the Agreement and will provide a drug free workplace as required by Public Act 86-1459,the Drug Free Workplace Act(30 ILCS 480%1), and will comply with all the provisions herein. 24. International Anti-boycott Certification Act1U.S. Export Administration Act of 1979 The Recipient certifies that neither it nor any substantially-owned affiliated company is participating or shall participate in an intemational 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. (This certification only applies to financial assistance agreements*exceeding the threshold for small purchases according to the purchasing laws of this State or$10,000,which ever is less.) 25. Prlvity of Agreement This Agreement is expected to be funded in part with funds from the U.S. EPA. Neither the United States nor any of its departments, agencies or employees is, or will be, a party to this Agreement or any lower tier agreement. The Agreement is subject to regulations contained in 40 CFR Part 31 in effect on the date of the assistance award for this project. 26. Covenant Against Contingent Fees The Recipient shall warrant that no person or selling agency shall be employed or retained to solicit or secure the Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Illinois EPA shall have the right to annul the Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. Section 319(h) CondRions/Certifications July 2005 Page 8 of 13 27. Compliance with Government Wide Guidance on Lobbying Restrictions The Recipient certifies,to the best of its knowledge and belief,that: (i) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal financial assistance agreement, grant, loan, or cooperative agreement. (ii) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form LLL ("Disclosure Form to Report Lobbying") in accordance with its instructions. (iii) The undersigned shall require that the language of this certification be included in the award documents for all subcontracts and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352,title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000.00 and not more than $100,000.00 for each such failure. 28. Debt Delinquency The Recipient certifies that it is incompliance with 30 ILCS 500/50-11, which stipulates that no person shall submit a bid or enter into a contract with a State Agency under this code if that person knows or should know that he or she is delinquent in the payment of any debt to the State, unless the person has entered into a deferred payment plan to pay off the debt. For purposes of this Section, the phrase "delinquent in the payment of any debt'shall be determined by the Debt Collection Board. 29. Single Audit Act Recipients annually receiving $300,000.00 or more in federal funds from the Illinois EPA must comply with the audit provisions of the Single Audit Act in accordance with Office of Management and Budget (OMB) Circular X4128 or Circular 133, whichever is applicable. Agreement recipients must submit to the Illinois EPA no less frequently than every two years, an independent audit report covering the award prepared in accordance with the provisions of the relevant OMB Circular, 30. Audit and Access to Records Section 319(h) Conditions/Certifications July 2005 Page 9 of 13 The Recipient certifies that it shall maintain books, records, documents, and other evidence directly pertinent to performance of -U.S. EPA funded work under this Agreement in accordance with generally accepted accounting practices and principals consistently applied and 40 CFR Part 31 in effect on the date of execution of this Agreement. The Recipient shall also maintain the financial information and data used in the preparation or support of the cost submission required under 40 CFR 31.36(f)for any negotiated agreement and a copy of the cost summary submitted to the Illinois EPA. U.S. EPA, the Comptroller General of the United States, the U.S. Department of Labor, the Illinois EPA, the Auditor General or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. The Recipient will provide proper facilities for such access and inspection. If this is a formally advertised, competitively awarded, fixed-price Agreement, the Recipient agrees to make all paragraphs of the Audit and Access to Records Section applicable to all agreement amendments affecting the Agreement Project Cost Summary. Audits conducted under this provision shall be in accordance with generally accepted auditing standards and with established procedures and guidelines of the reviewing or auditing agencies. The Recipient agrees to disclose all information and reports resulting from access to records under paragraphs 1 and 2 of the Audit and Access to Records Section to any agencies referred to in paragraph 1. The Recipient shall maintain, for a minimum of five (5) years after the completion of the Agreement, adequate books, records, and supporting documents to verify the amounts, receipts, and uses of all disbursements of funds passing in conjunction with the Agreement; and the Recipient 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 Agreement for which adequate books, records, and supporting documentation are not available to support their purported disbursement. In addition, those records which relate to any controversy arising under a U.S. EPA assistance agreement, litigation, the settlement of claims arising out of such performance or to costs or items to which an audit exception has been taken shall be maintained and made available by the Recipient until three (3) years after the date of resolution of such appeal, litigation, claim, or exception. Access to records is not limited to the required retention periods. The authorized representatives designated in paragraph 1 of the Audit and Access to Records Section shall have access to records at any reasonable time for as long as the records are maintained. This Audit and Access to Records Section applies to financial records pertaining to all financial assistance agreements and all agreement amendments regardless of the type of agreement. In addition this section applies to all records pertaining to all agreements and agreement amendments: Section 319(h) Conditions/CertificaUons Juy 2005 Page 10 of 13 (i) To the extent the records pertain directly to financial assistance agreement performance; (ii) If there is any indication that fraud, gross abuse or corrupt practices may be involved; or (iii) If the financial assistance agreement is terminated for default or for convenience. 31. Indemnity The Recipient certifies that it shall assume the entire risk, responsibility and liability for any and all loss or damage to property owned by the Agreement Recipient, the Illinois EPA or third persons and any injury to or death of any persons (ncluding employees of the Recipient) caused by, arising out of, or occurring in connection with the execution of any work, contract or subcontract arising out of this Agreement and the Agreement Recipient shall indemnify, save harmless and defend the State.of Illinois and the Illinois EPA from all claims for any such loss, damage, injury or death whether caused by the negligence of the State of Illinois, the Illinois EPA,their agents or employees or otherwise consistent with the provisions of Section 1 of"AN ACT IN RELATION TO INDEMNITY TO CERTAIN CONTRACTS" [(740 ILCS 35/1 (1992)]. The Recipient shall require that any and all contractors or subcontractors engaged by the Recipient shall agree in writing that they shall look solely to the Recipient for performance of such contract or satisfaction of any and all claims arising thereunder. 32. Supersession The Illinois EPA and the Recipient agree that this and other appropriate clauses in 40 CFR 31, or their equivalent, applying to that work eligible for U.S. EPA assistance to be performed under the Agreement and that these clauses supersede any conflicting provisions of the Agreement. 33. Appropriation Contingency(Multiyear) The obligations of the State of Illinois to provide financial assistance will cease immediately without any penalty, accelerated payment, or other recoupment mechanism being required by the Agreement Recipient if in any fiscal year the Illinois General Assembly or funding source fails to make an adequate appropriation or otherwise make available sufficient funding to cover the Agency's Agreement obligations. 34. Liability of the Illinois EPA The Recipient agrees that no personal claim shall be made of, or honored by, any independent contractor, employee, or member of the Illinois EPA by reason of any provision of the Agreement. If the appropriation of funds by the General Assembly of the State of Illinois available for payment of financial assistance agreements is exhausted, neither any other State agency nor office nor any independent Contractor, employee or member of the Illinois EPA will be obligated to pay the financial assistance agreement Recipient anything under the terms of the Agreement, and the Recipient will not be obligated to render service under the Agreement after such exhaustion. The Illinois EPA shall make a positive effort to notify the Recipient prior to such exhaustion. Section 319(h) Condftions/Certifications July 2005 Page 11 of 13 36. Disputes Only the Recipient may appeal to the Illinois EPA under this provision with respect to its subagreements thereunder for its own name and benefit. Neither a Recipient nor a subcontractor of a Recipient may prosecute an appeal under the disputes provision of a financial assistance agreement in its own name or interest. Any dispute arising under the Agreement which is not disposed of by the financial assistance agreement shall be decided by the Director of the Illinois EPA or a duly authorized representative, who shall render a decision in writing and mail or otherwise fumish a copy thereof to the Recipient. The decision of the Director of the Illinois EPA shall be final and conclusive. This"disputes"clause does not preclude consideration of questions of law in connection with decisions provided in the previous paragraph. 36. 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 Illinois EPA and Recipient in writing. 37. Termination This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by either party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party 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 consultation with the terminating party prior to termination. This Agreement may be terminated in whole or in part in writing by the Illinois EPA for its convenience, provided that the Recipient 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 consultation with the Illinois EPA prior to termination. If termination for default is effected by the Illinois EPA, 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 Recipient at the time of termination may be adjusted to cover any additional costs to the Illinois EPA because of the Recipients default. If termination for default is effected by the Recipient, or if termination for convenience is effected by the Illinois EPA, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide payment to the Recipient for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Recipient relating to commitments which have become firm prior to the termination. Upon receipt of a termination action under paragraphs 1 or 2 of the Termination Section, the Recipient shall 1) promptly discontinue all affected work (unless the notice directs Section 319(h) Conditions/Certifications July 2005 Page 12 of 13 otherwise), and 2) deliver or otherwise make available to the Illinois EPA all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Recipient in performing this Agreement, whether completed or in process. Upon termination under paragraphs 1 or 2 of the Termination Section, the Illinois EPA may take over the work and may award another party to complete the work under this Agreement. If, after termination for failure of the Recipient to fulfill contractual obligations, it is determined that the Recipient had not failed to fulfill the Agreement obligations, the termination shall be deemed to have been for the convenience of the Illinois EPA In such event, adjustment of the price provided for in this Agreement shall be made as provided in paragraph three(3)of the Termination Section. 38. Payments Requests for payment shall be submitted by the Recipient's authorized representative no more frequently than monthly and should detail the amount and value of the work performed and be accompanied by such supporting documentation as may be required by the Illinois EPA. The Recipient may transfer amounts among the costs categories designated in the Estimated Allowable Project Cost Summary provided the categories do not increase or decrease by more than 15 percent. Transfer in excess of 15 percent may be made only with the written concurrence of the Illinois EPA. The requests for payment shall be submitted to: Illinois Environmental Protection Agency Attention: Fiscal Service Mail Code #2 P.O. Box 19276 Springfield, IL 62794-9276 The Illinois EPA may withhold payment to the Recipient if the Recipient's progress in completing the scope of work does not meet the project schedule contained in the Agreement. Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement or as a termination settlement under this Agreement the Recipient shall execute and deliver to the Agency a release of all claims against the Agency arising under, or by virtue of, this Agreement, except claims which are specifically exempted by the Recipient to be set forth therein. Unless otherwise provided in this Agreement, by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of the Agency's claims against the Recipient or his sureties under this Agreement or applicable performance and payment bonds. Section 319(h) Conditions/Certifications July 2005 ,07/23/2007 11:13 8475317020 PAGE 02/03 Pape 13 01 13 i,the undersigned,being duly authorized to take such actions cerdfy that Items 1 -38 of these condidonslcergflcatlons am acceptable and true. F, in Name of O anon Signature PA tMo RepreserWive Printed Name p� Title Signed by(if other than Authortz epresentative) Printed Name Title D Section 319(h) Condidons/GeRMioolam J*2005 H City of Elgin Agenda Item No. July 20, 2007 Mayor and Members of the City Council t`etr'xa ti t t.�•isnr n r' FROM: Olufemi Folarin, City Manager Randy Reopelle, Parks and Rec eation Director SUBJECT: Grant for the Elgin Regional Park PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with the Illinois Environmental Protection Agency for a Section 319 Grant for the Elgin Regional Park. RECOMMENDATION It is recommended that the City Council approve the grant agreement with the Illinois Environmental Protection Agency. BACKGROUND In fall of 2006, the City applied for an Illinois Environmental Protection Agency (IEPA) Section 319 Grant to assist with the planning and development of a Stormwater Best Management Practices (BMP) Park at the Regional Park. The IEPA has agreed to provide a grant of$48,000 to assist with the planning of this BMP Park, which would be the first of its kind in the Midwest. Many of the improvements associated with the BMP Park will be improvements that will need to be done for the Regional Park to meet the Kane County Stormwater Ordinance. The Regional Park site has some physical characteristics that make it very attractive for a Section 319 Grant. They include the large size of the site (224 acres), the unique soils, the intersection of two stream corridors and the location of it in relationship to the Tyler Creek water shed. The lack of compiled, analyzed, and easily-accessible information on the performance of green design features and BMPs is a barrier to their implementation. Assuming the City chooses to enter into this grant agreement, staff will work with Hey and Associates and Laura Ross to submit a follow-up grant requesting funding from the IEPA to construct the BMP Park and associated improvements. Grant for the Elgin Regional Park July 20, 2007 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None YIFINANCIAL IMPACT The IEPA Section 319 Grant is a 60/40 matching reimbursable grant totaling $48,000. The City's matching portion is $32,000, for a total of$80,000. There are sufficient funds budgeted ($600,000) and available ($160,501) in account 340-0000-795.92-32, the Park Development Fund, project number 509657, Regional Park Property Acquisition and Development. LEGAL IMPACT WJP/None ALTERNATIVES eolk 1. The Council may choose to enter into the grant agreement with the Illinois Environmental Protection Agency. 2. The Council may choose not to enter into the grant agreement with the Illinois Environmental Protection Agency. Respectfully submitted for Council consideration. rr Attachments