HomeMy WebLinkAbout99-110 Resolution No. 99-110
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE
DEPARTMENT OF NATURAL RESOURCES FOR THE BIKE TRAIL/PATH
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby
authorized and directed to execute a Grant Agreement on behalf
of the City of Elgin with the Department of Natural Resources
for the construction of a bike trail/path to connect the Elgin
bike trail/path with the McHenry bike trail/path, a copy of
which is attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: April 14 , 1999
Adopted: April 14 , 1999
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
,.. Illinois
Department of
Natural Resources http://dnr.state.il.us
524 South Second Street • Springfield, Illinois 62701-1787 George H. Ryan, Governor • Brent Manning, Director
May 19, 1999
Mr. Jerry Pask, A.S.L.A.
Parks Development Coordinator
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
Re: Line Item Project#99-GA027
Bike Path-Elgin to McHenry
(A-,,
Dear sk:
Enclosed is the validated Project Agreement authorizing grant reimbursement on the above
referenced project. Please retain this document in your local project file.
Progress reports are required each January 1st and July 1st for the duration of the project
construction(Attachment C in the project agreement). Additionally, Attachment B in the project
agreement must be submitted with the final billing. Please notify the Department upon
completion of the project to arrange for a final on-site inspection.
If you have any questions regarding the billing process please contact me at(217)782-7481.
Good luck with your project.
Sincerely,
Susan Eubanks
Division of Grant Administration
Printed on recycled and recyclable stock
r:IA 12 '99 03:51PM PLANNING & DE`:•'.DOC P 2/2
Contract No.99-GA027
GRANT AGREEMENT
BETWEEN THE
DEPARTMENT OF NATURAL RESOURCES
AND THE
City of Elgin
This Grant agreement between the State of Illinois, Department of Natural Resources (DNR),
hereinafter referred to as the DNR, and the City of Elgin hereinafter referred to as the Village.
Witnesseth:
Whereas, Illinois Compiled Statutes section 20 ILCS 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 51, Section 135 of Public Act 90-585 appropriated the sum of$370,000 from
the General Revenue Fund to the DNR for a grant to the City for a bike trail connecting the
Elgin bike path/trail to the McHenry bike path/trail.
Whereas, the appropriation made under Section 135 of Public Act 90-585 is made to the DNR to
provide funding to the City 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 connecting
a bike trail from the Elgin bike path/trail to the McHenry bike path/trail which is acknowledged
to be within the scope of the powers and duties of DNR and the City and that this public purpos e
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:
1. GRANT: In accordance with Public Act 90-585, which was passed by the State of Illinois
General Assembly and signed by Governor Edgar, the DNR awards this grant of 5370,000
General Revenue Funds to be used for a bike trail connecting the Elgin Bike path/trail to
the McHenry bike path/trail as per documents provided by the City 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 December 31, 2000. All payments made from this grant are to be payments for work
related to this project as per the documents provided by the City to the DNR and attached
to this Agreement. (Attachment A).
3. GRANT AMOUNT: The amount of this grant is $370,000.
•
•
` * 4. • DISBURSEMENTS: All funds being disbursed through this grant will be on a
reimbursement basis. In no case shall cumulative reimbursements exceed the attached
schedule of disbursements. Billings will be 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.
5. RESPONSIBILITIES OF THE CITY: The City is to provide the DNR with copies of
all vendor billings and invoices paid with these grant funds and copies of the City's
canceled checks or lien waivers for said expenditures. Upon request, the City is to
provide copies of or access to all contracts pertaining to this grant.
The City is to file with the DNR a progress report by July 1 and January 1 during the
construction period of the project 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.
6. 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.
7. CERTIFICATIONS:
(Attachment D ).
8. 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
City will be reimbursed for allowable project expenditures up to the date of termination.
9. LAWS OF ILLINOIS: The City shall be governed in all respects by the laws of the State
of Illinois and applicable Federal laws.
10. UNLAWFUL DISCRIMINATION:
A. The City 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 City 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 City 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 City
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 City. Copies of any audits
performed on the City during the period of the grant are to be supplied to the DNR.
12. INDEMNIFICATION: The City 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, LICENSES: In connection with and prior to the construction, and thereafter
the subsequent operation and maintenance of the grant assisted facilities, the City_ agrees
that it shall be responsible for and obtain all necessary Permits, Licenses for Forms of
Consent, as the case may be, from, but not limited to the following agencies:
a. U.S. Department of the Army, Corps of Engineers.
b. Illinois Department of Transportation (Division of Highways).
c. Illinois Environmental Protection Agency.
d. Illinois Historic Preservation Agency.
e. Illinois Department of Agriculture.
f. Illinois DNR (Endangered Species Consultation and Interagency Wetland Review
and Division of Water Resources).
g. Local Building or Zoning Agencies or Boards, where applicable.
14. The City 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 whereof, the parties thereto have set their hands and seals the day and year as written
below.
RECOMMENDED BY:
John Bandy
Chief Fiscal Officer
ii.OVED BY: 621,
! Q ,I /4"-`2AC2-7
ob Lawley
City of Elgin Chief Legal Officer
Ronald C. Hallberg
Manager
Division of Grant Administration
Address:
City of Elgin APP D
150 Dexter Court
Elgin, IL 60120C
Brent anning, Director
Department of Natural Resour
DATE:
Attachments:
A. Scope of Construction Work/Eligible Reimbursable Expenditures
B. Payment Request Certification Form
C. Project Status Report
D. State of Illinois, Grant Contract Certifications
Approved by DNR Legal Counsel September 1998
•
ATTACHMENT A
FY' 99 Legislative Line Item Grant
Project #99-GA027 Bike
Path/Elgin to McHenry County
Project Scope : Within the City of Elgin there is a serious gap
in the Fox River Trail . Currently, the southern
terminus of the trail is Kimball Street and
cyclists now use an on-street bike route from
Kimball to Slade Avenue where the northern
section of the trail begins and then proceeds
north to McHenry County. The purpose of this
project is to close the gap in the trail system
through purchase of 5, 100 ln. ft . of rail right-
of-way from Union Pacific Railroad and
construction of a Class I trail connection.
The Kane County Forest Preserve District will
build the trail (using their own funds) between
Slade Avenue (where the trail now ends) and
North Grove Avenue . As a part of this project ,
the City will use grant funds to build 800 ln.
ft . of trail in the street right-of-way between
North Grove Avenue and the existing trail at
Kimball Street . The City will also implement
trail improvements in the connecting area. The
development project involves trail and curb
construction, signal relocation and
modification, trail lighting and engineering.
Cost Estimate : Acquisition of rail right-of-way $175, 755
Construction of connecting trail
link and trail improvements $194 , 245
Schedule : Land Acquisition - June 30 , 1999 scheduled
closing date
Path Development - February, 1999-June 30, 1999
Design and permitting
July, 1999-October, 1999
Trail construction
October, 1999-November, 1999
Site restoration/
Trail opening
(Project schedule will be adjusted accordingly
following actual land acquisition closing date . )
Attachments : CERP Form
Location Map
Plat Map
Development Concept
•
ATTACHMENT B
•
DEPARTMENT OF NATURAL RESOURCES
GRANT PROGRAM
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.
ATTACHMENT C
IL Dept. of Natural Resources Grant Adm.
Division of Grant Administration (DGA)
Development Project Status Report
(Reports due January 1 and July 1 to DGA)
Project #:
Project Sponsor:
Project Title:
Check appropriate box:
[ ] 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: completion date: )
[ ]
Project under construction (approx. percentage completed)
[ ] < 25% [ ] 25% [ ] 50% [ ] 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:
•
ATTACHMENT D
CERTIFICATIONS
(Vendor as stated herein refers to the local Grantee or Project Sponsor)
The Vendor certifies that it is not barred from being awarded a contract or subcontract under Section 50 of the
Illinois Procurement Code (30 ILCS 500/50 et seq.).
II. The Vendor certifies that it has not been barred from contracting with a unit of State government as a result of a
violation of Section 33-E3 or 33-E4 of the Criminal Code of 1961 (720 ILCS 5/33E-3. 720 ILCS 5/33E-4).
III. The Vendor 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 Vendor 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 the name, taxpayer identification number, and legal status listed below are
correct.
Vendor Name: G/ i , / �( of
Taxpayer/ Employer Identification Number: .��j`/D QD 5L,!!J
Social Security Number:
(if you are an individual,enter your name and SSN as it appears on your Social Security Card. If 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 EIN/TIN.)
Legal Status (Check one):
[ ] Individual Governmental Entity
[ ] Owner of Sole Proprietorship l 1 Nonresident alien individual
[ ] Partnership [ ] Estate or legal trust
[ ] Tax-exempt hospital or extended [ ] Foreign corporation, partnership,
care facility estate, or trust
[ ] Corporation providing or billing
medical and/or health care services [ ] Other
[ ] Corporation NOT providing or billing
medical and/or health care service
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.
(Vendor / Grantee)
• For the purpose of this certification, 'grantee' or 'vendor' 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 vendor/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(at))) 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:
(I) 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 vendor 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.
1
Vendor, its employees and subcontractors, agree not to commit unlawful discrimination and agree to comply with
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 et 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. Vendor 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. Pursuant to 775 ILCS 5/2-105(A)(4), vendor shall have written sexual harassment policies that shall include, at a
minimum, the following information: (I) the illegality of sexual harassment; (ii) the definition of sexual harassment
under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the vendor'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.
X. For contracts exceeding S10,000, the vendor 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.
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.
VENDO GRANTEE:
BY: & .
TITLE: C l� �'/ 4N4 G 6/2
(Revised 8/98)
Approved by DNR Legal Counsel August 1996
`,c(OFE1.0 (E)
City of Elgin Agenda Item No.
y
March 12, 1999
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Illinois Department of Natural
Resources Grant Agreement
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
entering into an intergovernmental agreement with the Illinois
Department of Natural Resources to construct a bike path to
connect the Elgin bike path/trail to the McHenry bike
path/trail .
BACKGROUND
In 1998, the City requested and received $370, 000 of Illinois
Department of Natural Resources grant funding to construct a
bike path/trail to connect the Elgin bike path/trail to the
McHenry bike path/trail . State Representative Doug Hoeft was
instrumental in the City receiving the IDNR grant funds .
Within the City of Elgin there is a serious gap in the Fox
River Trail . Currently, the southern terminus of the trail is
Kimball Street and cyclists now use an on-street bike route
from Kimball Street to Slade Avenue where the northern section
of the trail begins and then proceeds north to McHenry County.
The purpose of this project is to close the gap in the trail
system through purchase of 5, 100 linear feet of rail right-
of-way from Union Pacific Railroad and construction of a Class
I trail connection. The Kane County Forest Preserve District
will build the trail (using their own funds) between Slade
Avenue (where the trail now ends) and North Grove Avenue . As
a part of this project, the City will use grant funds to build
800 linear feet of trail in the street right-of-way between
North Grove Avenue and the existing trail improvements in the
connecting area. The development project involves trail and
curb construction, signal relocation and modification, trail
lighting and engineering.
IDNR Grant Agreement
March 18, 1999
Page 2
Attached is the intergovernmental agreement between the IDNR
and the City in regard to the utilization of the grant funding
for the above-described project . The time frame to utilize
the grant funds has been extended through December 31, 2000 to
take into consideration the coordination of the Union Pacific
Railroad land acquisition.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
WilpL,FINANCIAL IMPACT
�.� None. The Illinois Department of Natural Resources grant
totaling $370, 000 will fund 100% of the City' s portion of the
project .
001/ LEGAL IMPACT
The City has yet to complete the acquisition of the railroad
right-of-way in question. The «agreement should be contingent
upon the City completing such oecquisition.
ALTERNATIVES
The alternative is to not accept the grant from the IDNR and
not construct a bike path/trail connecting the Elgin path/
trail to the McHenry bike path/trail .
RECOMMENDATION
It is recommended that the Mayor and members of the City
Council enter into an intergovernmental agreement with the
IDNR to accept the $370, 000 grant funding to construct a bike
trail/path to connect the Elgin bike trail/path with the
McHenry bike trail/path.
pectfully subm' ted,
J rrce Parker
City Manager
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