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HomeMy WebLinkAbout89-1011 Kane KCCDAP Grant �' ;.,� g9- 101l ' ff . AGREEMENT BETWEEN THE COUNTY OF KANE AND THE_ CITY OF ELGIN This AGREEMENT is entered into as of the It day of �L°`}lob e (" , 1989 , by and between the County OF KANE, (hereinafter called "COUNTY" ) , and the City of Elgin, Illinois (hereinafter called "GRANTEE") having a principal place of business at, 150 Dexter Court, Elgin, Illinois 60120 I. RECITALS A. COUNTY has created through Kane County Board Resolution 88-101 the Kane County Community Development Assistance Program (hereinafter called the "KCCDAP" ) . B. GRANTEE is eligible to apply for a KCCDAP Grant pursuant to the established KCCDAP guidelines and has submitted an application for a grant wherein all project . - activities therein described are eligible activities for KCCDAP funding. ) C. COUNTY has considered ,and approved- 'the application of 'GRANTEEa," nd agrees to distribute an amount not to exceed Fifty Thousand Dollars ($50 , 000 .00) (hereinafter "Grant' Funds") to GRANTEE upon conditions provided herein. i. t D. The COUNTY and GRANTEE enter into this Agreement pursuant to their respective powers to enter into such Agreements, as those powers are defined in the Illinois • Constitution and applicable statutes . II. SCOPE OF PROJECT A. Grantee hereby agrees to perform, in a timely fashion, the following activity, as previously defined in the • application and project description submitted by the GRANTEE: Downtown Riverfront Development (hereinafter called "PROJECT" ) . B. The description of the Project stated hereinabove is not necessarily inclusive, and itis further outlined in GRANTEE ' s application and project description, and as described in Exhibit "A" attached hereto, incorporated . herein and made a part of this Agreement. C. This Project shall be identified as KCCDAP Account No. 8901008 which identifyingnumber shall be used by GRANTEE on all payment requests. III . GRANTEE' S COMPLIANCE WITH GENERAL REQUIREMENTS A. GRANTEE agrees and authorizes Kane County Development Department to conduct on-site reviews, to examine personnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this Agreement. B. GRANTEE agrees not to violate any laws , state or federal rules or regulations regarding a direct or indirect illegal interest on the part of any employee or elected official of the GRANTEE in the Project or payments made pursuant to this Agreement. C. GRANTEE shall maintain records to show actual time devoted and costs incurred, in relation to the Project, and shall prepare and submit quarterly progress reports which describe the work already performed and anticipated during the remaining time of the Project. Upon fifteen (15) days notice from the COUNTY, originals . or certified copies of all time sheets, billings, and other documentation used in the preparation of said progress reports shall be made available for inspection, copying, or auditing by the COUNTY at any time during normal business hours. D. GRANTEE shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. All subcontracts must contain the following equal opportunity clause and also stipulate that such clause be posted in some form on the job site: The Contractor shall not discriminate against any employee or applicant for employment because of race, color religion, sex, or national origin. Further, the GRANTEE shall conform itself to and comply with all applicable provisions of the Illinois Human Rights Act, Illinois Revised Statutes , ch. 68, para 1-101 (19 87) as amended TV. SPECIAL CONDITIONS COUNTY may withhold all or any portion of Grant Funds until such time as when it can be satisfactorily determined by COUNTY that GRANTEE has met certain special conditions, if applicable and as set forth in Appendix "B" attached hereto, incorporated herein and made a part of this Agreement. V. RIGHTS TATO SUBCONTRACT A. GRANTEE may at its sole option subcontract all or any portion of the Project to such engineers, architects, independent land use consultants, professional land planner, construction contractors or other entities as GRANTEE shall deem appropriate or necessary and upon such terms as may be acceptable to GRANTEE. B. GRANTEE will be responsible for assembling bid packages or requests for proposal , where applicable, and shall comply with any and all local , state and federal requirements relative to public notice, bid opening and bid acceptance. VI. BILLING PROCEDURE A. COUNTY shall make disbursements to the GRANTEE as either reimbursement for advances made by GRANTEE or as advances for specific cash requirements of GRANTEE. Whether for reimbursement or advancement, GRANTEE shall comply with the following requirements : (1) GRANTEE shall submit claims with an accompanying list itemizing all disbursements of Grant Funds, on a form provided by the COUNT`_': (2) COUNTY will disburse to GRANTEE no more than 50% (fifty percent) of total dollars for the completion of any one activity and listing of disbursements accompanying claim will indicate actual breakdown of financial responsibility. (3) Any claim for advancement of Grant Funds shall be limited to an amount necessary for GRANTEE to meet specific cash requirements for the project and shall be disbursed by GRANTEE within ten (10) • working days of receipt by GRANTEE; (4) Any request for reimbursement or advancement pertaining to work under subcontracts shall include GRANTEE ' s certification as follows : (A) For interim payments to the subcontractor, that the work for which payment isrequested has been performed and is in place- and to the best of GRANTEE ' S knowledge, information and - ' belief that,- the quality of such work is in accordance with the subcontract, subject to: (i) any evaluation of such work as a functioning project upon substantial completion; ( ii) the results of any subsequent tests permitted by the subcontract; and (iii) any defects or deficiencies not _readily apparent upon inspection of the work; and (b) For final. payment, that the work has been completed , accepted by GRANTEE and performed .in a satisfactory manner and in conformance with the subcontract. (5) GRANTEE shall forward to COUNTY copies of all • billings, vouchers, and other documents . representing any accounts payable, in such timely and reasonable manner as both parties shall determine. B. Immediately upon submission of a claim for Grant Funds, COUNTY shall process such claim and shall approve such . claim for payment pursuant to Kane County Board policy, as amended. C. COUNTY shall be responsible, except as provided for in Sections VIII and IX hereof , for paying all required payments against expenses incurred by GRANTEE under this Agreement. VII. ADMINISTRATION AND REPORTING REQUIREMENTS A. GRANTEE shall rdminister the Grant Funds in accordance with sound fiscal management and accountability practices as prescribed by Article B, Section 4 of the Illinois Constitution (1970) and all laws pursuant thereto. • B. All GRANTEE and KCCDAP funds shall be placed in, and expended from, a separate non-interest bearing checking account. C. GRANTEE shall : • ( 1) Maintain financial records adequate for auditing and reporting requirements. (2) Prepare a financial report at least quarterly of the revenues and expenditures of the Grant Project, and prepare a summary report within 90 days of completion of the project. • • (3 ) Have supporting documentation available for County inspection, copying or auditing purposes . GRANTEE shall permit authorized representatives of the County to inspect and audit all data and reports of the GRANTEE relating to its performance under the Agreement. D. GRANTEE shall provide the County, following completion of the project, with an opinion from GRANTEE' s independent certified public accountant regarding the transactions of the project. VIII. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. During the implementation of the Project, COUNTY may at its sole option terminate this Agreement or may suspend payment of Grant Funds to GRANTEE for GRANTEE' s substantial breach of the Agreement, abandonment of the Project or occurence rendering impossible the performance by GRANTEE of this Agreement. B. During the implementation of the Project, the COUNTY may suspend payments of Grant Funds , when in the opinion of the COUNTY, Grant Funds are used in a manner unrelated to GRANTEE ' s performing the Project, the GRANTEE fails to submit supporting information or documentation for a claim, the GRANTEE submits incorrect or incomplete reports , or the GRANTEE suspends its pursuit of the Project. C. In the event COUNTY elects to terminate this Agreement or to suspend payments, for any reasonstated hereinabove in paragraph A and B of this Section VII, it shall notify the GRANTEE in writing of such action, specifying the particular deficiency, and establishing a time and a place for the GRANTEE to refute the alleged deficiency at a time prior to COUNTY' s taking such action. After allowing the GRANTEE the opportunity to refute or correct the alleged deficiency, if in the opinion of the COUNTY, the alleged deficiency continues to exist, the COUNTY may at its sole option withold payment of the Grant Funds until such time as the • violation or breach is remedied or terminate this Agreement. No action taken or withheld by the COUNTY under this paragraph shall relieve the GRANTEE of its liability to the COUNTY for any funds expended in violation of any of the terms of this Agreement. C. If GRANTEE is delayed in the completion of the Project by any cause legitimately beyond its control , it shall immediately, upon receipt and knowledge of such delay, give written notice to the COUNTY and request an extension of time for completion of the Project. The COUNTY shall , as soon as practicable, consider such an Extension, act upon the extension request, and notify the GRANTEE of the time extension granted or of its denial of such request. XI. MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. Any proposed change in this Agreement shall be submitted to the other party for prior approval . No oral change or modification shall be allowed and no claim therefore shall be made. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed in writing by the authorized officers of each party. B. ASSIGNMENT - except as provided in Section V hereof, GRANTEE shall not assign this Agreement or any part thereof and GRANTEE shall not transfer or assign any Grant Funds or claims due or to become due hereunder, without the written approval of the COUNTY having first been obtained. C. ATTORNEY ' s OPINION - If requested, GRANTEE shall provide an opinion of its attorney, in a form reasonably satisfactory to the Kane County State ' s Attorney' s Office, that awl steps necessary to adopt this Agreement, in a manner binding upon GRANTEE, have been taken by GRANTEE. The GRANTEE shall provide the COUNTY with a certified copy of the Resolution approving this Agreement. D. HEADINGS - The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. E. DISCLAIMER - Any report, study, advisory statement or other such document produced by GRANTEE or consultantor other person retained by GRANTEE, which is either an end product or individualactivity of Project, does not necessarily reflect the policy, position or collective thinking of the Kane County Government , the Kane County Board or any officer or official agent of the same. RI . REMEDIES A. The Grantee shall defend, indemnify and save harmless the County for any and all claims, litigation and liability asserted against the County, its agents, officers and employees and any costs and attorneys ' fees , on account of any and all injury including but not limited to injury to and death of any person or persons whomsoever, or on account of damage to any property caused in any manner by the GRANTEE, their agents, officers, employees or assigns arising from any and all activity associated with or appurtenant to the Project. The GRANTEE shall undertake said defense upon the request of the COUNTY. In no event shall the COUNTY be liable to the GRANTEE, its officers, agents, employees, assigns, contractors and subcontractors for any claims brought pursuant to this Agreement. The provisions of this Paragraph shall survive the termination of this Agreement by lapse of time or otherwise. B. The GRANTEE convenants and agrees that it will not suffer or permit any lien or claim to attach to the funds of the COUNTY or to attach to the Grant funds by reason of the Project. The GRANTEE shall save and keep harmless the COUNTY and said funds from any lien or claim therefore and from any and all costs and expenses incurred by the COUNTY in connection with said liens or claims . C. In the event the GRANTEE shall in the opinion of the COUNTY violate the terms and conditions of this Agreement and the COUNTY at its sole option terminates this Agreement, the GRANTEE shall within thirty (30) days reimburse to the COUNTY, all Grant funds received and shall make no claim for unpaid Grant Funds . Other than those remedies specified in Section VIII , paragraph C hereinabove, the GRANTEE shall have no other recourse in a court of law or otherwise against the COUNTY. R. TIMELINESS A. Time is of the essence of this Agreement. B. GRANTEE shall complete the Project, or the immediate Project phase, within twelve ( 12) months from the date of this Agreement. F. SEVERABILITY - If any section, clause, provision or portion of this Agreement is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this contract shall remain in force and not affected by such judgement. G. LANGUAGE DISPUTE - In the event a dispute arises regarding the language of this Agreement, the original copy of this Agreement in the possession of the County of Kane shall control . This Agreement shall be effective upon the signature of all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. COUNTY OF KANE, a body politic in the State of Illinois By: Ch rman of the Boar€ J DATE: //J U/ y X917 ATTEST: County Clerk GRANTEE: CITY OF ELGIN BY • a, Title 10 111 ( 8 Date ATTEST: LA City Clerk EXHIBIT "A" PROJECT OVERVIEW SCOPE OF WORK The purpose of the activities funded pursuant to this Agreement is to provide funds to the City of Elgin toward acquisition of the Woodruff and Edwards Foundry property and environment clean- up measures on that site . The scope of activities will be limited to the following: 1) Voluntary acquisition of the Woodruff and Edwards Foundry building and surrounding property located at 119 North State Street, Elgin, Illinois, PIN 06-14-261-001 2) Environmental assessment and clean-up. Payment pursuant to this Agreement is limited to not more than 50% of actual costs incurred for the above activities up to a maximum KCCDAP cost of Fiftythousand dollars ($50 , 000) . PROGRESS REPORT The GRANTEE shall, provide a Progress Report to the KCCDAP Office P g P quarterly, reporting on the status of the project in relation to the Implementation Schedule. The progress reports shall begin upon the signing of the Agreement and shall continue until the project is closed out. OTHER REPORTING REQUIREMENTS BID REQUIREMENTS The Bid Specification, which will include all specifications and pertinent attachments, shall define the items or services in order for the bidder to properly respond. The GRANTEE may required to submit the bid specifications and plans to the KCCDAP Office for staff ' s approval prior to advertising. All bids will be publicly opened at the time and place prescribed in the invitation for bids. The GRANTEE shall provide the KCCDAP office with the results from the bid opening. Selection of bid for contract award shall be conducted in accordance with prescribed procedures as set forth in local , state or federal regulations. REQUEST FOR PAYMENTS Requests for payments shall be submitted on a timely basis. Each request for payment sent to the COUNTY shall be accompanied by an itemized list of activities covered under such payment to include bills or invoices for services rendered or estimates for activities where funding is necessary in advance. IMPLEMENTATION SCHEDULE GRANTEE will be responsible for meeting the schedule deadlines shown below. Failure to meet this schedule may result in the loss or reduction of Grant Funds. MILESTONES DATE 1 . Property acquired 09/25/89 2 . Environmental Assessment and Clean-up 12/01/89 • if