HomeMy WebLinkAbout99-141 Resolution No. 99-141
RESOLUTION
AUTHORIZING EXECUTION OF A PROJECT AGREEMENT WITH THE
ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR THE
TROUT PARK RIVER' S EDGE PROJECT
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 Project Agreement on
behalf of the City of Elgin with the Illinois Department of
Natural Resources for the Trout Park River' s Edge Project
under the Open Space Lands Acquisition & Development Grant
Program, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 12, 1999
Adopted: May 12, 1999
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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JULY, 2007
IN REVIEWING THIS FILE, IT WAS DETERMINED THAT AN EXECUTED COPY
OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE
CLERK'S OFFICE.
ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE
AGREEMENT AND ITS SUPPORTING PAPERWORK.
REFERENCE: RESOLUTION NO. 99- J 1
PASSED: MAY 12,1999
SUBJECT: AGREEMENT WITH THE ILLINOIS DEPARTMENT OF NATURAL
RESOURCES FOR THE TROUT PARK RIVER'S EDGE PROJECT
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SIGNED /-, 7., 4
114 WilsonJones. WHITE-ORIGINAL CANARY-DUPUCATE 44-900.Duplicate
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STATE OF ILLINOIS
Department of Natural Resources
OPEN SPACE LANDS ACQUISITION & DEVELOPMENT GRANT PROGRAM
PROJECT •
AGREEMENT
Project Sponsor: ELGIN, CITY OF/7ANE CO. F.P.D. Project Nnnher: OS 99-879
Address: 31 S. Grove FEIN Number: 366005862
Eloinu IL 60120
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Project Title: TROUT PARK RIVER'S EDGE
Project Period: Start. Date: November 16, 1998 ,Expiration Date: December 31, 2000
Project Scope (Description of Project/Costs) :
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The City and Forest Preserve District will fully develop the site sritb. a day camp/interpretive shelter,
interpretive trails, accessible .s_2ing pier, a canoe launch, photo blind; bicycle rest area and habitat
rek restoration in the wetland, trout pond & at the river's edge.
Development shall be in general accordance with the approved project application on ale with the
Illinois DepaaLuent of Natural Resources and preliminary development plans and construction cost
estimates attached hereto.
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PROJECT COSTS (Estimated) ' R��
The following documents are
hereby incorporated into, and
Acquisition Costs $ made part of this Agreement
Arch. Survey Costs$ 1.General Provisions (attached)
Development Costs .$ 2 .Project Application _
TOTAL COSTS $ 465, 000.00 3 .
%. Fund Assistance un to 50 s a.
MO ASSISTANCE .1SOD?IT $ 200; 000. 00
( ) DNR copy
( ) Sponsor copy
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The Illinois Department of Natural Resources (DNR) and the Project Sponsor, agree
rto perform this Agreement in accordance with the Open Space Lands Acquisition and
Development Act, as amended, (525 ILCS 35/1 et:seq. ) ; with the rules promulgated
pursuant to the Act' (17 IL Adm. Code 3025) ; and with the terms, promises,
conditions, plans, specifications, maps, and assurances contained in the approved
project application which, by reference, are specifically made a part of this
Agreement.
The DNR promises, in consideration of the promises and assurances made by the
Project Sponsor, to obligate to .the Project Sponsor the Fund Assistance Amount
specified herein, and to tender to the Project Sponsor that portion of those Funds
required to pay the State's share of eligible project costs as shall be determined
based upon criteria set forth in 17 IL Adm. Code 3025.
Obligations of the State will cease immediately without penalty of further payment
being required if in any fiscal year the Illinois General Assembly or federal
funding source fails to appropriate or otheise make available sufficient funds
for this Agreement.
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The Project Sponsor promises to complete the project as described in this
Agreement,__and operate and..maintain _the .project .site in accordance .with the terms
of this Agreement, and to pay any and all costs associated with the project in
excess of the specified State .obligation for Grant Funding Assistance.
This Agreement, including the project application by reference and the General
Provisions and -project boundary map and development plan attached hereto,
constitutes the entirety of the grant agreement between the Project Sponsor and
Illinois DNR and supercedes all other agreements whether written or oral. This
Agreement shall be governed in all respects by the laws of the State of Illinois.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the date
entered below.
• STATE OF ILLINOIS PROJECT SPONSOR
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By:
(Signature) (Agency)
��rectQ1
(Titre/' (Signature)
Department of Natural,Resourzes
(Name)
Date:
(Title)
Required additional signatures for contracts and contract
renewals totalling S250,000 or more per Public Act 90-452.
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DNR Chief Legal Counsel
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DNR Chief Fiscal Officer
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Apprmve:l for use by DNR Legal Coups,t. 12/97
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GENERAL PROVISIONS OF THE PROJECT AGREEMENT •
OPEN SPACE LANDS ACQUISITION Z.DEVELOPMENT GRANT PROGRAM illibk
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A. pefinitions
1. The term"DNR"as used herein means the State of Illinois, Department of Natural Resources.
2. The term"project"as used herein means the approved project scope which is the subject of this Agreement.
3 The term"project site'as used herein means the land area encumbered by this Agreement and delineated(defined)
on the project boundary map attached hereto.
4. The term "Project Sponsor" (grantee) as used herein means the local political subdivision which is a party to this
Agreement and to which OSLAD funds are being provided pursuant to this Agreement •
5. The term"OSLAD"as used herein means the State of Illinois,'Open Space Lands Acquisition and Development'g.ant
program (17 IL Adm.Code 3025). .
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•B. Project Execution and Permits
1. The Project Sponsor agrees to exec..rte and complete the approved project in accordance with the time schedule and
plans set forth in the project proposal. Failure to render satisfactory progress or complete the approved project to the .
satisfaction of the DNR per terms of this Agreement may be cause for suspension and/or termination of all obligations
of the DNR under this Agreement.
2. Final development plans and specifications shall be available for review by the DNR upon request. The Project
Sponsor shall be responsible for developing the project site in general accordance with the site development plan
approved by the DNR and attached hereto.
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3. In connection with project construction, and the subsequent operation and maintenance of the OSLAD-assisted
facilities,the Project Sponsor acr_•es that it shall be responsible for and obtain all necessary permits, licenses or forms
of consent. asmay be required to complete the project. Failure to obtain any required permit may jeopardize
OSLAD grant reimbursement.
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C. Proiect Indemnification.
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The Project Sponsor covenants and agrees that it shall indemnify,protect,defend and hold harmless the 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 herein specked project facility. Neither the Project Sponsor nor it employees, agents or subcontractors shall
be deemed to be an agent of the State of Illinois or the DNR.
•D. Project Inspections. •
It is agreed and understood by the Project Sponsor that a DNR representative shall have access to the project site to make
periodic inspections of the project site as construction progresses., It is further agreed and understood by the Project Sponsor
that a final inspection and acceptance of the completed project must by made by a representative of the DNR prior to project
aptance and grant reimbursement to the Project Sponsor,and that the DNR shall have future access to the project site and
all facilities thereon to ensure continuing program compliance.
E. Project Sionaoe /Publicity.
The Project Sponsor agrees to permanently post a grant acknowledgement sign, provided by the DNR, at the project site
entrance. In lieu of the DNR provided sign, the Project Sponsor may choose the option to erect a permanent grant
acknowledgement sign at the project entrance to comply with Project Sponsor signing standards, provided said sign bears the
DNR logo and•the following wording:
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"OPEN SPACE LANDS ACQUISITION&DEVELOPMENT PROGRAM'
ILLINOIS DEPARTMENT OF NATURAL RESOURCES
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F. Subcontractor R_KVirement5
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The Project Sponsor shall insert as a integral part of any conbad with an approved subcantrador(bidder)the following provisions.
1. The Contractor shall abide by and comply with all applicable local, State and federal laws and regulations relating to
contracts involving public funds and the development/construction of public works, buildings or facilites. The scale
of wages to be paid shall beobtained from the IL Dept. of Labor and posted by the Contractor in a prominent and
accessible place at the project work site.
2. The Contrador shall personally and individually agree and covenant,and shall furnish and provide evidence of general
liability insurance in the amount of S1,000,000.00, and shall indemnify, protect, defend at its own cost, and hold
• harmless the DNR from and against all losses, damages, injuries, or claims thereof to or by persons or property,
arising out of, through, or by virtue of the construction and development of the specified project facilities.
3. The Contractor certifies that to the best of its knowledge, no officer or employee has been convicted of bribery or
attempting to bribe an cfticer or employee of the State of Illinois,nor has any officer or employee made an admission
of guilt of such conduct which is a matter of record.
4. The Contractor certifies it has not been barred from being awarded a contract with a unit of State or local government
as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (bid rigging or bid rotating).
The.Ganttartor certifies, pursuant to the Illinois Human Rights Act(775 ILCS 5/2-105). that it has a written sexual
• harassment policy that includes,at a minimum,the following information:(I)the illegality arsexual.harassment;.(u)the
definition of sexual harassment under State law;(iii)a dese-ip,ion&sexualha4 ssrne:rt-utilizing examples;-(iv);,
Contractor's internal complaint process including penalties;(v)the legal recourse, investigation and complaint process
available through the IL Dept.of Human Rights and the Human Rights Commission and directions on how to contact
both;and (vi)protection against retaliation as provided by Section 5-101 of the Illinois Human Rights Act. A copy of
the policy shall be provided to the Dept.of Human Rights upon request.
6. The Contractor shall abide by the'Illinois Preference Ad-which stipulates that whenever there is a period of excessive
unemployment in Illinois, defined as any month immediately following two(2)consecutive months during which the
• level of unemployment in Illinois exceeds five percent(5%)as measured by the U.S. Bureau of Labor Statistics in hs
monthly publication of employment and unemployment figures,the Contractor shall employ only Illinois laborers unless
otherwise exempted as so stated in the Ad. (-illinos laborer'means any person who has resided in Illinois for at least
30 days and intends to become or remain an Illinois resident.) Otter laborers may be used IF Illinois laborers are not
available or are incapable of performing the particular type of work involved if so certified by the Contractor and
approved by the project engineer and Illinois Department of Natural Resources.
7. 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 Ad of 1979 or the regulations
of the U.S. Department of Commerce promulgated under that Act. .
G., Proiect Costs,Financial Records and Audit Requirements
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1. Project costs elrrgi5le for assistance sfiaffEe determined irpon'the basis of criteria set forth for the OSL13c.t,F.c-as
so specified in 17 IL Adm. Code 3025.
2. . The Project Sponsor shall maintain, for a minimum of 5 years following project completion, satisfactory financial
accounts, documents, and records.ps,2aated with the project and the disbursement of grant funds pursuant to this
Agreement, and shall make then ra'vfftible to the DNR and the State of Illinois, Auditor General, for auditing at
reasonable times. Failure by the Project Sponsor to maintain such accounts, documents, and records as required
herein shall establish a presumption in favor of the Stale of Illinois for recovery of any funds paid by the State per this
Agreement for which adequate records are not available to suppport their purported disbursement.
3. If the Project Sponsor(grantee)receives more than S25,000 in grant funds, it shall be responsible for having an annual
financial and compliance audit. This audit should be concluded as a part of the Project Sponsor's annual audit as is
generally required by 1)state law(e.g.iL Revised Statutes ch.24 or 34), 2)federal requirements, OMB circulars A-123
or A-133, or 3)the Project Sponsor's own governing body. If the Project Sponsor is exempt from State and federal
audit requirements,the Project Sponsor must procure a special audit covering all funds expended under this program.
In essence, one agency-wide audit meets the audit requirements for OSLAD grant participation. This audit must be
conducted. by an independent public accountant, certified and licensed by the State of Illinois, and concluded in •
accordance with generally accepted auditing standards adopted by the American Institute of Certified Public
Accountants(AICPA, 1985). The Project Sponsor shall be responsible for procuring all required audits in accordance
with its normal procurement rules,provided that these rules promote open competitive procurements.
If the Project Sponsor's OSLAD project includes the use of FORCE ACCOUNT LABOR, the Project Sponsor shall
ensure that any audit required will include an internal control evaluation and opinion on the Project Sponsor's time and
attendance allocation system.
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The Project Sponsor,if requested,shall provide to the DNR or its representative, a copy of any annual audits for any •
and all fiscal years concurrent or contiguous to the approved grant period within 30 days of the completed audit or
request, as applicable. FOR PROJECTS THAT ENTAIL $25,000 OR MORE IN GRANT FUNDS ALLOCATED
SPECIFICALLY FOR FORCE ACCOUNT LABOR OR MATERIAL ERIAL PURCHASE COSTS,THE PROJECT SPONSOR
IS REQUIRED TO PROVIDE A COPY OF ANY AND ALL ANNUAL AUDITS SPECIFIED HEREIN TO THE DNR
. WITHIN 30 DAYS OF COMPLETION.
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The Project Sponsor shall be responsible for timely action in resolving any audit finding or questioned project costs.
In the event that questioned costs are ultimately disallowed, as determined by the DNR or its representative,the
Project Sponsor shall be responsible for repayment of such costs.
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H. Use of Proiecct site(Ogeratio.n$ Maintenance) •
1. Property acquired or developed with OSLAD grant assistance shall 1) be operated and maintained in a safe and
attractive manner for the beeneefit of public outdoor recreation use without regard to sex, race, color, religious belief,or
national origin, nor on the basis of residence,except to the extent that reasonable differences in admission or user
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fees may be imposed,as defined in t e OSLAD grant manual and 171L Adm.Code 3025,and 2jst afl-noibe.conver ed
•to•a-•use-otheF than public outdoor recreation as specified herein without written approvaf;irom the iDt1R`Specac
actions-rcgar edirr=•iversions,although not inclusive, are as follows:
a. The safe of exchange of ANY portion of the project site or granting of an easement, right-of-way,or other
such encumbrance on title which divests control of the project site from the Project Sponsor to another
individual,group, agency,or entity.
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b. Any significant deviation from the approved project site plan OR change, alteration or disposition of the
project site to other than public outdoor recreation use unless approved in this Agreement or by the DNR.
The construction of any building including indoor re eation facilities,exclusive of outdoor recreation service
or support structures and sanitary facilities, are considered a conversion in use as defined herein.
c. The construction of any overhead service utility line on the project site subsequent to the date of this
Agreement, excepting electric lines over 15 kv, unless otherwise approved by the DNR. Ail future utility
lines servicing the project site,except as noted,must be buried.
Approval for a 'conversion in use'of property acquired with OSLAD grant assistance will only be granted upon the
Project Sponsor providing comparable replacement property of at least equal fair market value at the time of conversion
and comparable outdoor recreation usefulness, quality and location. For projects receiving development grant
assistance only,terms of this Agreement shall no longer apply after the following specified time period relating to the
total amount of OSLAD grant funds expended on the approved project:
• TIME PERIOD AFTER
TOTAL GRANT PAYMENT FINAL PROJECT BILLING •
S 0 -S50,0.00. 5 Years •
for every S10,000 increment over$50,000 add 1 year
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2. The Project Sponsor may enter into=a contract or agreement with responsible concessionaires to operate and/or
construct appropriate facilities for disbursing food to the public and/or any other services as may be desired by the
public and the Project Sporisor to enhance outdoor recreation use of the project site. Any and all funds generated as
a result of said contract or agreement shall be used for the operation and maintenance of, or improvement to,said
project facilities or similar public outdoor recreation facilities owned by the Project Sponsor.
The lessee concessionaire, or license_providing such service at the project site shall not discriminate against any
person or persons on the basis of race,color,creed,national origin,disability or place of residence in the conduct of
its operation under the lease,license or concession agreement.
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3. it is hereby agreed and understood by the Project Sponsor that any deviation or conversion of the project site(s)from
public outdoor recreation use without DNR approval shall be considered a breach of this Agreement resulting in the
Project Sponsor being held liable for replacing said converted property with comparable land as deemed a=ptable
by the DNR as stated herin and in 17 IL Adm Code 3025.
f• compliance Reouirements and Certifications/Assurances
1. The Project Sponsor agrees to complete the project in accordance with all applicable federal, Stale and focal laws,
ordinances and regulations.
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2. The Project Sponsor certrrs and shall be responsible for assuring that no official or employee of the Project Sponsor,
who is authorized in his official capacity to negotiate, make, accept, or approve, or to take part in such decisions
regarding a contract for acuisition/development of property in connection with this project, shall have any financial or
• other personal interest in any such contract for the acquisition/development.
3. The Project Sponsor certifies and shall be responsible for assuring that no person performing services for the Project
Sponsor in connection with this project shall have a financial or other personal interest other than his employment or
retention by the Project Sponsor, in any contract for aquisition or development of property in connection with this •
project. No officer or employee of such person retained by the Project Sponsor shall have any financial or personal
interest in any real property acquired or developed for this project unless such interest is openly disclosed upon the
public records of the Procct Sponsor,and such officer,employee,or person has not participated in the acquisition for
• or on behalf of the Project Sponsor.
4. The Project Sponsor hereby certifies that to the best of its kncw'r_dge,no officer or employee has been convicted of
bribery or attempting to bribe an officer or employee of the State of Illinois, nor has any Project Sponsor officer or
employee made an admission of guilt of such conduct which is a matter of record.
5. The Project Sponsor certifies that it provides a drug free workplace and related employee assistance as defined and
required by the Drug Free Workplace Ad(30 ILLS 105/16).
6. Pursuant to 775 ILLS 52-105(A)(4),the Project Sponsoi certifies that it has a written sexual harassment policy that
includes, at a minimum, the following information:(I)the allegaltyot•sexual.harissment;.,(U)the definition of sexual
harassment under State law;(iii)a description of sexual harassment'util�ing examplesytiv)'the•Osmtractofs•intemat
complaint process including penalties; (v)the legal recourse,investigation and complaint process available through
• the IL Dept. of Human Rights and the Human Rights Commission and directions on how to contact both;and(vi)
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protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policy shall
be provided to the Dept. of Human Rights upon request.
7. The Project Sponsor certifies,pursuant to Section 33E-9 of the Criminal Code of 1951, as amended,"that no change
orders to a construction contract issued pursuant to this Agreement in excess of 510,000 shall be approved without
first obtaining written authorization from the State of Illinois and providing assurance that such change order was not
reasonably foreseen at the time of initial construction contract execution'.
5. It is hereby agreed and understood by the Project Sponsor that the rules and regulations heretofore and hereinafter
promulgated by DNR relevant to the OSLAD program as set forth in 17 III.Adm. Code 3025, shall be considered a
material part of this Project Agreement.
J. Project Termination
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1. The Slate may unilaterally rescind this Project Agreement or the Project Sponsor may rescind the Agreement at any
time prior to the commencement of the herein referenced project by way of written notification to the other party. After
project commencement, this Agreement may berescinded,modified, or amended only by mutual agreement among
the parties. A project shall be deemed commenced when the Project Sponsor makes any expenditure or incurs any
obligation, exclusive of arrhitecturatiengineering fees,with respect to the project.`
2. This Agreement may be terminated by either party upon written notice. In the event of termination by_the DNR the
•Project•Sporrsorshall•hat:atf'worl under this Agreement and'cancefaf outstanding obligations if so directed by DNR. • •
• The State shall pay for its share of eligible project costs incurred up to the date of termination.
3. Failure by the Project Sponsor to cxtiFV-with any of the above cited Project Agreement terms shall be cause for the
suspension of all grant assistance-obhgatrons thereunder, unless,in the judgement of the DNR, such failure was not
due to the fault of the Project Sponsor" .
4. The parties agree that in the event of a breath of th's Agreement by the Protect Sponsor and notification from the DNR,
the Project Sponsor shall have thirty(30)days to cure or cored the breath. If the breach is not mired ed or corrected,
the DNR shall thereafter have full right and authority to take such action as it deems necessary to enforce the pro-
visions of this Agreement,to prevent the continued breath or violation thereof by the Project Sponsor,or to seek other
remedy that may be available by law.The DNR reserves the right to demand return of any state funds awarded under
this Agreement or require the replacement of comparable land in the event of a"conversion in use"as described herein.
• It is further agreed by the Prcjed Sponsor,that in the event it is adjudicoted by any court that its activities are deemed
a breach or violation of this Agreement, as part of the relief awarded to the DNR, the Project Sponsor will reimburse
the DNR for legal fees and all costs incurred by the DNR in the pursuit of its right under this provision. For purposes
of this paragraph,"legal fees"shall be deemed to be the entire sum presented for payment by any attomey or law firm
to the DNR relating to the claim of the DNR alleging the Project Sponsor's breach or violation. For purposes of this
paragraph,"costs"shall be deemed to be all these expenses, including court costs, reasonably incurred by the DNR.
Ditk*11,G-11D(11r:s)
OS Proj.Agree.-Derelrp'nt
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CERTIFICATIONS
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(Vendor as stated herein refers to the local Grantee or Project Sponsor)
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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).
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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 defaultAon an educational loan.)
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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-itse:rrp;vyecror-agents-or-subsidizes-orotherwise 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 narroe, federal employer identification number, and legal status listed below arc
correct.
Vendor Name:
• Federal Employer Identification Number (FEIN): •
Social Security Number:
(if you are an individual,enter your name and SSN zs it appears on your Social Security Card.- If completing this ccrzificadon for a sok prop:ictorebip,
enter the owner's name followed by the name of the business and the owner's SSN.For all other endocs, enter the name of the entity as used to apply
for the entity's EIN/TIN.)
Legal Status (Check one): -
[ ] Individual -s..� [ ] Governmental Entity
( J Owner of Sole Proprietorship `b. [ 3 Nonresident alien individual
[ ) Partnership [ ] Estate-or legal trust
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[ ] Tax-exempt hospital or extended care facility [ J Foreign corporation, partnership, estate or must
( ] . Corporation providing or billing medical and/or
health care services . [ J 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
rthe 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 manufact re,
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 (I) 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 55,000 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
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(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;
egb. (2) the grantee's or contractor's policy of maintaining a drug free workplace;
3) any available drug counseling, rehabilitation, and employee assistance programs;
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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 underpart (B) of para-
graph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction.
(E) Imposing a sanction on, or requiring 4e satisfactory participation in a drug abuse assistance or rehabilitation pro-
gram by, any employee who is so con eyed 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 D;ug Free
Workplace Act.
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(Individuals)
rIf 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, possessionf or use of a controlled substance in the performance of the contract This requirement
applies to contracts of more than 55,000.
STATE OF ILLINOIS/ DEPARTMENT OF CONSERVATION DOC - 4/ DEVELOPMENT DATA
OSLAD PROJECT APPLICATION
r1/4 1. PROJECT SPONSOR: City of Elgin / Kane County Forest Preserve District
2. PROJECT TITLE: • Trout Park River's Edge • •
3. ACQUISITION DEVELOPMENT X
4. DEVELOPMENT ITEM I Unit Amt. Estimated costs Const.method
Daycamp / Interpretive Shelter (28 X 30) 1 7,500 C /F
Riverside Bike Path (1 ,200 Lf) and Rest Stop 24,100 C /F
Interpretive Trails (3,600 Lf) I 28,800 C /F
Bridges 25,000 • C /F
Bridge Repair �•' 5,000 C /F
Bike. Path Marking 1 ;ZOO - 1-ii
Accessible Fishing Pier 30,000 C /F
Canoe Launch / Emergency Boat Launch . 45,000 - C /F
Interpretive Signs 10,000 C/F
Photo-Blind 7,500 C /F
Site Furnishings -Picnic Tables, Benches, 5,500 C /F
Wetland Restoration 2,500 C /F
Trout Pond Restoration 8,999 C /F
Tip Down Gates 1 ,648 C /F
Guard Rail 16,500 C /F
Plantings 1 ,500 C /F
Split Rail Fencing -37-9-5-0z• _ • C %ll
Porapotty Shelter 10,000 •• *C /F
Bollards - Recyclable Material 20,003 C/F
Landscape Restoration • r�T 10,500 . C/F
Trees and Shrubs1 5,500 C/F
River Overlook 1 5,000 • C /F
Cistren Reconstruction 3,000 C/F
North Parking 52,000 C/F
South Parking Lot and Entryway 44,300 C/F .
Lighting - Parking Lot and Security 50,000 C /F
A/E Design Fees • •15.25% Of Const Cost . 1 0,000
•
I Total Estimated Cost: S465,000
8. Architectural / Engineering Firm
Jerry Pask, Landscape Architech, City of EIgin Jon Duerr,Kane Co. FPD
RA-7/nl i z--700 ,_
Exhibit B -
Kane County
Intergovernmental
Agreement
r
DRAFT 4/7/99
RAGREE/KCFOREST. 4
INTERGOVERNMENTAL AGREEMENT
THE CITY OF ELGIN AND THE KANE COUNTY FOREST PRESERVE
DISTRICT-TROUT PARK RIVER' S EDGE IMPROVEMENT PROJECT
This agreement is entered into this day of
, 1999 , by and between the City of Elgin, an
Illinois municipal corporation, (hereinafter referred to as
the "City" ) , and the Kane County Forest Preserve District, in
the State of Illinois (hereinafter referred to as the
"District" ) .
WITNESSETH:
WHEREAS, Article VII, Section 10 of the Constitution
of the State of Illinois, 1970, authorizes units of local
eik government to contract or otherwise associate amongst
themselves with other units of local government to obtain or
share services and to exercise, combine or transfer any power
or function in any manner not prohibited by law or by
ordinance; and
WHEREAS, 5 ILCS 220/1 et seq. provides for the
Intergovernmental Cooperation Act which authorizes in part
that any power, privileges or authority exercised or which may
be exercised by units of local government may be exercised and
enjoyed jointly with other units of local government through
intergovernmental agreements; and
WHEREAS, the City and the District constitute units
of local government which are authorized to enter into
intergovernmental agreements; and
WHEREAS, the City and the District have determined
that it is necessary and desirable to provide for certain
recreational improvements in the City-owned Trout Park and on
the adjacent District-owned property, such project being known
as the Trout Park Rivers Edge Improvement Project, and being
described in detail in the Project Agreement between the State
of Illinois Department of Natural Resources, the City of Elgin
and the District, a copy of such Project Agreement being
attached hereto and made a part hereof as Exhibit A; and
WHEREAS, such Trout Park River' s Edge Improvement
Project will result in physical improvements to the City and
District properties allowing for enhanced recreational
opportunities both for the users of the City-owned Trout Park
and the District-owned adjacent properties and will preserve,
enhance and improve the natural areas of Trout Park and the
adjacent District properties .
NOW, THEREFORE, for and in consideration of the
mutual covenants and agreements provided herein, and other
good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the City and the District
hereby agree as follows:
1. That the foregoing recitals are hereby
incorporated into this agreement in their entirety.
2 . That the City shall complete all of the
necessary and associated improvements of the Trout Park
River' s Edge Improvement Project as described in the Project
Agreement between the City of Elgin, the District and the
- 2 -
State of Illinois Department of Natural Resources Project
Agreement attached hereto and made a part hereof as Exhibit A.
Notwithstanding the fact that the City and the District are
both named the sponsor in such Project Agreement it is agreed
and understood that the City shall receive all funds to be
distributed pursuant to such Project Agreement and shall be
responsible for completing all necessary work and improvements
pursuant to such agreement.
3 . That upon the completion of such Trout Park
River' s Edge Improvement Project the District further agrees
to pay to the City $65,000 as the District' s contribution
towards the costs of such project. The City shall submit a
written request to the District for such payment with
notification to the District that the subject project has been
completed including several pictures of the project showing
the completed project.
IN WITNESS WHEREOF, the parties have executed and
entered into this agreement on the date and year first written
above.
KANE COUNTY FOREST PRESERVE CITY OF ELGIN
DISTRICT
By By
Its President City Manager
Attest: Attest:
City Clerk
- 3 -
•
STATS OF ILLINOIS
Department of Natural Resources
OPEN SDACE LANDS ACQUISITION & DEVELOPMENT GRANT DROGRA24
PROJECT AGREEMENT
Project Sponsor: ELGIN, CITY O?/:_NE CO. F.P.D. Project Number: OS °°-879
Address: 31 S. Grove FEIN Number: 366005862
Eloin, IL 60120
Project Title: TROUT PAR? RIVER'S EDGE
Project Period: Start Date: November 16, 1998 ;'coi ration Date:. December .31, 2000
•
•
Project Scope (Description of Project/Costs) :
•
The City and Forest Preserve Dict fully develop the site with a day camp/interpretive shelter,
interpretive trails, accessible fishing pier, a canoe launch, photo blind; bicycle rest area and habitat
rik restoration in the wetland, trout pond G& at the river's edge.
•
Development shall be in general accordance with the approved project application on &le with the
Illinois Department of Natural Resources and preliminary development plans and construction cost
estimates attached hereto.
PROJECT COSTS (Estimated) ' ' The following documents are
hereby incorporated into, and
Accuisition Costs $ made part of this Agreement
Arca. Survey Costs$ 1.General Provisions (attached)
Development Costs $ 2 .Project Application
TOTAL COSTS $ 465, 000.00 3 .
%. Fund Assistance to 50 s, 4 ,
?CND ASSISTANCE AMOUNT $ 200; 000. 00
DNR copy EXHIBIT
( ) Sponsor copy A
The Illinois Department of Natural Resources (DNR) and the Project Sponsor, agra.
r __
to perforM this Agreement in accordance with the Open Space Lands Acquisition and
Development Act, as amended, (525 ILCS 35/1 et.seq. ) ; with the rules promulgated
pursuant to the Act' (17 IL Adm. Code 3025) ; and with the terms, promises,
conditions, plans, specifications, maps, and assurances contained in the approved
project application which, by reference, are specifically made a part of this
Agreement.
The DNR promises, in consideration of the promises and assurances made by the
Project Sponsor, to obligate to .the Project Sponsor the Fund Assistance Amount
specified herein, and to tender to the Project Sponsor that portion of those Funds
reccuired to pay the State's share of eligible project costs as shall be determined
based upon criteria set forth. in 17 IL Adm. Code 3025.
Obligations of the State will cease immediately without penalty of further payment
being required if in any fiscal year the Illinois General Assembly or federal
funding source fails to appropriate or otherwise make available sufficient funds
for this Agreement. .
The Project Sponsor promises to complete the project as described in this
Agreement,_and operate and..ma�`ain _the .project .site in accordance .with the terms
of this Agreement, and to pay any and all costs associated with the project in .
excess of the specified State obligation for Grant Funding Assistance.
This Agreement, including the project application by reference and the General
Provisions and project boundary map and development plan attached hereto,
constitutes the entirety of the grant agreement between the Project Sponsor and
Illinois DNR and sunercedes all other agreements whether written or oral. This
Acreement shall be governed in all respects by the laws of the State of Illinois.
rib'
IN WiTNESS THEREOF, the parties hereto have executed this Agreement as of the date
entered below.
• STATE OF ILLINOIS PROJECT SPONSOR
3y:
-
(Signature) (Agency)
Director
('ritiej (Signature)
Department of Neturel.Resourtes
(Name) •
Date:
(Title)
Required additional signatures for contacts d contract • '
renewals totalling S250,000 or more p.r Public Act 90-452.
DNR Chief Legal Counsel
DNR Chief Fiscal Officer
•
. 4,prov-4 for us:. by DNR L4g2J CoLscl. 12/91
•
2
GENERAL PROVISIONS OF THE PROJECT AGREEMENT •
OPEN SPACE LANDS ACQUISITION &DEVELOPMENT GRANT PROGRAM
.•
A. ( efinilions
1. The term"DNR'as used herein means the State of Illinois, Department of Natural Resources.
2. The term"project'as used herein means the approved project scope which is the subject of this Agreement.
3. The term'project site'as used herein means the land area encumbered by this Agreement and delineated(defined)
on the project boundary map attached hereto.
4. The term'Project Sponsor'(grantee) as used herein means the local political subdivision which is a party to this
Agreement and to which OSLAD funds are being provided pursuant to this Agreement.
5. The term"OSLAD'as used herein means the Sate of Illinois,'Open Space Lands Acquisition and Development grant
program(17 IL Adm.Code 3325). •
•
•B. Project Execution and Permits •
1. The Project Sponsor agrees to execute and complete the approved project in aa-ordance with the time schedule and
plans set forth in the project proposal. Failure to render satisfactory progress or complete the approved project to the
satisfaction of the DNR per terms of this Agreement may be cause for suspension and/or termination of all obligations
of the DNR under this Agreement.
2. Final development plans and specifications shall be available for review by the DNR upon request. The Project
Sponsor shall be responsible for developing the project site in general accordance with the site development plan
approved by the DNR and attached hereto.
3. In connection with project construction, and the subsequent operation and maintenance of the OSLAD-assisted
facilities,the Project Sponsor agrees that it shall be responsible for and obtain all necessary permits, licenses or forms
of consent, asmay be required to complete the project. Failure to obtain any required permit may jeopardize
OSLAD grant reimbursement.
C. Proied Indemnification.
The Project Sponsor covenants and agrees that it shall indemnify,protect,defend and hold harmless the 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 herein specif. d project faulty. Neither the Project Sponsor nor its employees, agents or subcontractors shall
be deemed to be an agent of the State of Illinois or the DNR.
D. Project Inspections.
It is agreed and understood by the Project Sponsor that a DNR representative shall have access to the project site to make
periodic inspections of the project site as construction progresses. It is further agreed and understood by the Project Sponsor
that a final inspection and acceptance of the completed project must by made by a representative of the DNR prior to project
acceptance and grant reimbursement to the Project Sponsor,and that the DNR shall have future access to the project site and
all facilities thereon to ensure continuing program compliance.
Project
Sjonaoe /Publicity.
The Project Sponsor agrees to permanently post a grant acknowledgement sign, provided by the DNR, at the project site
entrance. In lieu of the DNR provided sign, the Project Sponsor may choose the option to erect a ,permanent grant
acknowledgement sign at the project entrance to comply with Project Sponsor signing standards, provided said sign bears the
DNR logo and the following wording:
•
•
'OPEN SPACE LANDS ACQUISITION&DEVELOPMENT PROGRAM'
ILLINOIS DEPARTMENT OF NATURAL RESOURCES
F. Subcontractor Riz,,cuirements
•
The Project Sponsor shall insert as 2 irte;ral part of any conac w th an approved subcontractor(bidder)the following provisions.
1. The Contractor shall abide by and comply with a!!applicable local, State and federal laws and regulations relating to
contacts involving public funds aid the development I construction of public works, buildings or facilities. The scale
of wages to be paid shall be cbtzined from the IL Dept. of Labor and posted by the Contractor in a prominent and
a=ssible place at the project work site.
2. The Contractor shall personalty and individually agree and covenant,and shall furnish and provide evidence of general
liability insurance in the amount of S1,000,000.00, and shall indemnify, protect, defend at its own cost, and hold
• harmless the DNR from and against all losses, damages,injuries, or claims thereof to or by persons or property,
arising out of,through, or by virtue of the constriction and development of the specified project facilities.
3. The Contractor xrtcr_s that to the best of its knowledge, no officer or employee has been convicted of bribery or
attempting to bribe an r`,cer or employee of the State of Illinois,nor has any of5cor or employee made an admission
of guilt of such conduct which is a matter of record. •
•
4. T e Contractor cert•Pies it has not been barred from being awarded a contract with a unit of State or local government
as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (bid rigging or bid rotating).
=. The.G-ntcat.orcerti yes, pursuant to the Illinois Human Rights Ad(775 ILCS 5R-105), that it has a written sexual
harassment policy that includes,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
Contractors internal complaint pross including penalties;(v)the legal recourse, investigation and complaint process
available through t e IL Dept.of Human Rights and the Human Rights Commission and directions on how to contact . •
both;and(vi)protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of
the policy shall be provided to the Dept of Human Rights upon request.
6. The Contractor shall abide by the'Illinois Preference Ad"which stipulates that whenever there is a period of excessive
unemployment in Illinois, defined as any month immediately following two(2) consecutive months during which the
level of unemployment in Illinois e„cords five percent(5%)as measured by the U.S. Bureau of Labor Statistics in its
monthly publication of employment and unemployment figures,the Contractor shall employ only Illinois laborers unless
• otherwise exempted as so stated in the Ad. ('Illinois laborer*means any person who has resided in Illinois for at least
30 days and intends to beam_or remain an Illinois resident) Other laborers may be used IF Illinois laborers are not
available or are incapable of performing the particular type of work involved if so certified by the Contractor and
approved by the project engineer and Illinois Department of Natural Resources.
7. The Contractor xrt;Ps that neither it nor any substantially owned a5lia!ed company is participating or shall participate
in an international boycott in violation of the provisions of the U.S.Export Administration Ad of 1979 or the regulations
of the U. S. Department of Commerce promulgated under that Act.
G. Proiect Costs,Financial Records and Audit Reaui'ements
1. Project costs eligible For ass stance sfialr6e determined uponythe basis of criteria set forth for the OSLAD p;oy'ra.. as •
so specified in 17 IL Adm. Code 3025.
2. The Project Sponsor shall maintain, for a minimum of 5 years following project completion, satisfactory financial
• accounts,documents, and records associated with the project and the disbursement of grant funds pursuant to this
Agreement. and shall make them-available to the DNR and the State of Illinois, Auditor General, for auditing at
reasonable times. Failure by the Project Sponsor to maintain such accounts, documents, and records as required
herein shall establish a presumption in favor of the State of Illinois for recovery of any funds paid by the State per this
Agreement for which adequate records are not available to suppport their purported disbursemenL
3. If the Project Sponsor(grantee)receives more than 525,000 in grant funds,it shall be responsible for having an annual
finandal and compliance audit. This audit should be conducted as a part of the Project Sponsors annual audit as is
generally required by 1)state law(e.g.IL Revised Statutes 0'1.24 or 3-i),2)federal requirements,OMB circulars A-123
or A-133,or 3)the Project Sponsor's own governing body. If the Project Sponsor is exempt from State and federal
audit requirements,the Project Sponsor must procure a special audit covering all funds expended under this program.
In essence, on. agency.wide audit meets the audit requirements for OSLAD grant participation. This audit must be
conducted. by an independent public accountant, certified and licensed by the State of Illinois, and conducted ii •
accordance with generally accepted auditing standards adopted by the American Institute of Certified Public
Accountants(AICPA, 1955). Tne Project Sponsor shall be responsible for procuring all required audits in accordance
rub* with its normal procurement rules,provided that these rules promote open competitive procurements.
If the Project Sponsor's OSLAD project includes the use of FORCE ACCOUNT I ABOR, the Project Sponsor shall
ensure that any audit required will include an internal control evaluation and opinion on the Project Sponsors time and
attendance allocation system. .
S •
The Project Sponsor,if re;,uested,shall provide to the DNR or its representative, a copy of any annual audits for any
and all fiscal years concurrent or contiguous to the approved grant period within 30 days of the completed audit or
request, as applicable. FOR PROJECTS THAT ENTAIL S25,000 OR MORE IN GRANT FUNDS ALLOCATED
SPECIFICALLY FOR FORCE ACCOUNT LABOR OR MATERIAL PURCHASE COSTS,THE PROJECT SPONSOR
IS REQUIRED TO PROVIDE A COPY OF ANY AND ALL ANNUAL AUDITS SPECIFIED HEREIN TO THE DNR
WITHIN 30 DAYS OF COMPLETION.
•
The Project Sponsor shall be responsible for timely action in resolving any audit finding or questioned project costs.
In the event that questioned costs are ultimately disallowed, as determined by the DNR or its representative, the
Project Sponsor shall be responsible for repayment of such costs.
•
H. Use of Proies3 Site(Operaion 3 Maintenanm) •
1. Property acquired or developed wth OSLAD grant assistance shall 1) be operated and maintained in a safe and
attractive manner for the benefit of public outdoor recreation use without regard to sex, race, color, religious belief,or
national origin,nor on the bzsis of residence.except to the-extent that reasonable differences in admission or user
fees may be imposed,as defined in the OSLAD grant manual and 17 IL Adm.Code 3025,and 2)shall not be.converted
•to-a-use-otter than public outdoor recreation as specified herein without written approval,from the DNR. Specmc
. actions-re:ar ethrr=rwersions,although not inclusive, are as follows:
• a. The sale of exchange of ANY portion of the project site or granting of an easement, right-of-way,or other
such encrmbrance on title which divests control of the project site from the Project Sponsor to another
individual,group,agency,or entity.
•
b. Any significant deviation from the approved project site plan OR change, attention or disposition of the
project site to other than public outdoor recreation use unless approved in this Agreement or by the DNR.
The construction of any building including indoor r creation facilities,exclusive of outdoor recreation service
or support structures and sanitary facilities,are considered a conversion in use as defined herein.
c. The construction of any overhead service utility line on the project site subsequent to the date of this
Agreement, excepting electric lines over 15 kv, unless otherwise approved by the DNR. All future utility
lines servicing the project site,except as noted,must be buried.
Approval for a'conversion in use'of property emuired with OSLAD grant assistance will on/v be granted upon the •
Project Sponsor providing comparable replacement property of at least equal fair market value at the time of conversion
and comparable outdoor recreation usefulness, quality and location. For projects receiving development grant
assistance only,terms of this Agreement shall no longer apply after the following specified time period relating to the
total amount of OSLAD grant funds expended on the approved project:
• TIME PERIOD AFTER
TOTAL GRANT PAYMENT FINAL PROJECT BILLING •
S 0 -550.000. 5 Years •
for every S10,000 increment over 550,000 add 1 year
•
2. The Project Sponsor may enter into a contract or agreement with responsible concessionaires to operate and/or
construct appropriate facilities for disbursing food to the public and/or any other services as may be desired by the
public and the Project Sponsor to enhance outdoor recreation use of the project site. Any and all funds generated as
a result of said contra or agreement shall be used for the operation and maintenance of, or improvement to, said
project facilities or similar public outdoor recreation facilities owned by the Project Sponsor.
The lessee concessionaire, or licensee_ providing such service at the project site shall not discriminate against any
person or persons on the basis of race, color, creed,national origin,disability or place of residence in the conduct of
its operation under the lease,license or concession agreement.
•
3. ft is hereby agreed and understood by the Project Sponsor that any deviation or conversion of the project ske(s)from
public outdoor recreation use without DNR approval shall beconsidered a breach of this Agreement resuiting in the
Project Sponsor being held liable for replacing said converte-d property w h comparable land as deemed ar, ptabie
by the DNR as stated herin and in 17 IL Adm Code 3025.
•
f• Compliance P.eouirements and Certifications/Assurances
1. The Project Sponsor agrees to complete the project in zcc rdan.ce with all applicable federal, Stale and local laws,
ordinances and regulations.
-rib„
;
•
2. The Project Sponsor certifies and shall be responsible for assuring that no official or employee of the Project Sponsor,
who is authorized in his ofic aal capacity to negotiate, make, accept, or approve, or to take part in such decisions
regarding a contract for ausiion/development of property in connection with this project, shall have any financial or
• other personal interest in any such contract for the auisrion/development.
3. The Project Sponsor cert6es and shall be responsible for assuring that no person performing services for the Project
Sponsor in connection with this project shall have a financial or other personal interest other than his employment or
retention by the Project Sponsor, in any contract for acquisition or development of property in connection with this
project. No officer or employee of such person retained by the Project Sponsor shall have any financial or personal
interest in any real property a..;,uired or developed for this project unless such interest is openly disclosed upon the
public re=rds of the Pro e t Sporsar,and such officer,employee,or person has not participated in the acquisition for
or on behalf of the Project Sponsor.
4. The Project Sponsor hereby certifies that to the best of its knowledge, no officer or employee has been convicted of
• bribery or attempting to bribe an officer or employee of the State of Illinois; nor has any Project Sponsor officer or
employee made an admission of guilt of such,conduct which is a matter of record.
5. The Project Sponsor certifies that it provides a drug free workplace and related employee assistance as defined and
required by the Drug Free Workplace Ad(30 ILCS 105/15).
6. Pursuant to 775 ILLS 5R-105(A)(4), the Project Sponsor'certifies that it has a written sexual harassment policy that
includes, at a minimum, the following information:(I)the illegality of sexual harassment; (ii) the definitionof sexual
harassment under State law;(iii)a description of sexual harassment utilizing examples; (iv)the Contractors internal
complaint process including penalties; (v)the legal recourse,investigation and complaint process available through
.• the IL Dept. of'HumanRights and the Human Rights Commission and directions on how to contact both; and (vi)
protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policy shall
be provided to the Dept. of Human Rights upon request.
7. The Project Sponsor cer+.fes,pursuant to Section 33E-9 of the Criminal Code of 1951, as amended, that no change
orders to a construction contract issued pursuant to this Agreement in excess of 510,000 shall be approved without
first obtaining written authorization from the State of Illinois and providing assurance that such change order was not
reasonably foreseen at the time of initial construction contract execution'.
8. It is hereby agreed and understood by the Project Sponsor that the rules and regulations heretofore and hereinafter
promulgated by DNR relevant to the OSLAD program as set forth in 17 Ill.Adm. Code 3025, shall be considered a
material part of this Project Agreement.
•
Proiect Termination
•
1. The State tray unilaterally rescind this Project Agreement or the Project Sponsor may rescind the Agreement at any
time prior to the commencement of the herein referenced project by way of written notification to the other party. After
project commencement this Agreement may be rescinded,modified, or amended only by mutual agreement among
the parties. A project shall be deemed commenced when the Project Sponsor makes any expenditure or incurs any
obligation,exclusive of an-hiecturatiengine_ring fees,with respect to the project.
2. This Agreement may be terminated by either party upon written notice. In the event of termination by,the DNR,the
-Proje. Sporsarshalthsrtrairworft under this Rgreemenr ancfmngf aff outstanding obligations if so directed by DNR. -
The State shall pay for its share of eligible project costs incurred up to the date of termination.
3. Failure by the Project Sponsor to amply with any of the above cited Project Agreement terms shall be cause for the
suspension of all grant assistance-obligations thereunder,unless,in the judgement of the DNR, such failure was not
due to the fault of the Project Sponsor" - .
4. The parties agree that in the event of a breach of th's Agreement by the Protect Sponsor and notfication from the DNR,
the Project Sponsor shall have thirty(30)days to cure or correct the breach. If the breach is not cured or corrected,
the DNR shall thereafter have full right and authority to take such action as it deems necessary to enforce the pro-
visions of this Agreement,to prevent the continued breach or violation thereof by the Project Sponsor,or to seek other
remedy that may be available by law.The DNR reserves the right to demand return of any state funds awarded under
this Agreement or require the replacement of comparable land in the event of a'conversion in use'as described herein.
tt is further agreed by the Project Sponsor,that in the event it is adjud'rcoted by any court that its activities are deemed
a breach or violation of this Agreement, as part of the relief awarded to the DNR, the Project Sponsor will reimburse
the DNR for legal fees and all costs incurred by the DNR in the pursuit of its right under this provision. For purposes
of this paragraph,'le:al fees shall be deemed to be the entire sum presented for payment by any attorney or law firm
to the DNR relating to the claim of the DNR alleging the Project Sponsors breach or violation. For purposes of this
paragraph,'costs'shall be deemed to be all these expenses,including court costs, reasonably incurred by the DNR.
Disk t11,G-11D(11m)
OS Proj.Afiree.-Dcrelopri,'nt
•
;'<rr — CERTIFICATIONS
..
.,f J (Vendee u sited herein refers to tic la al Grantee or Project Sponsor)
I. The Vendor certifies that it is not ba..-red from being awarded a contract or subcontract under Section 50 of the Illinois
Procurement Code (30 ILCS 500/50 et sea.).
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 defzult-0n an educational loan.)
IV. The Vendor is not prohibited from sell-g goods or services to the State of Illinois because it pays dues or fees on behalf
of•irs-carpi•oJ-e`s-orzgents-ar-subsidizcrnr'othe wise 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, federal employer identification number, and legal status listed below are
Correct.
rill* Vendor Name:
Federal Employer Identification Number (FEIN): •
Social Security Number:
(if you are an individual.enter your run:and SSN as it appears on your Social Securiy Card. If completing this certification for a sole proprietorship,
' enter the owner's name followed by the n : of the business and the owner's SSN. For all other cedes, en-r 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 =.;. ( ) Nonresident alien individual
[ ) Partnership [ I Estate or legal trust
[ ] Tax-exempt hospital or extended care facility ( ) Foreign corporation, partnership, estate or taut
[ I . Corporation providing or billing medical and/or
health care services . [ ] Other:
[ ] Corporation NOT providing or billing medical •
and/or health care service
VI. .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
r antee or contractor will provide a drug free workplace and that individ . s 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, 'gz:tx' or 'vendor' means a corporation., partnership, or other entiry with twenty-five
(35)or more employees at the time of issuing the grant, or 2 department, division, or other unit thereof. directly responsible
for the specific performance under a co_tract or grant of 55,000 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 again t 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 cou-seling, 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 para-
graph (3) of subsection (a) above from an employee or otherwise receiving acnaJ notice of such conviction.
•
(E) I.mposing a sanction on, or requirg_Ihc satisfactory participation in a drug abuse assistance or rehabilitation pro-
gram 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 fret workplace through implementation of the Drug Fre:
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 55,000.
•
VII. In compliance wit's the State and Federal Constitutions, the Illinois Human Ricinus Act, the U.S. Civil Rights Act and
elPik Section 50-4 of the Federal Rehabilitation Act, the Depanment of Central Management Services does not unlawfully dis-
cr+n.inate in employment, contracts, or any other activity.
Vendor, its employees and subcontractors, aha not to co..mit unlawful discrimination and agree to comply with applicable
provisions of the Illinois Human FJ. is Act, the Public Works Employment Discl-i ination Act, the U.S. Civil Rights Act
and Section 504 of the Federal Ren.abi'i_tion Act, and rules applicable to each. The equal employment opportunity clause
of the Department of Human Rights' rules is specifically incorporated herein.
Tne 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, prograrns 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 hal received an early retirement incentive under Sectioti-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: RETENT•ION-O;R-EC&RDS:-Vendor shall maintain, for a minimum of five years after contract completion, adequate
books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds pursuant •
to this contract; that the contract and all books, records and supoorting documents.related to the contract shall be available
for review and audit by the Auditor General pursuant to PA 87-991; and that the vendor agrees to cooperate fully with any
audit conducted by the Auditor General and to provide full access to all relevant materials. Failure to mantai.n books,
records and supporting documents required by this Section shall establish a presumption in favor of the State of Illinois for
the recovery of any funds paid by the State under this contract for which adequate books, records, and supporting
ribk documentation are not available to support their purported disbursement.
X. SEXUAL HARASSMENT: 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 Cor,fission; (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 510,000, 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
inistration
Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act.
XII. Vendor shall notify the Department's Ethics.Officer if Vendor.solicits or intends to solicit for employment any of the
Department's employees during any par of the procurement process or during the term of the contract.
Tne undersigned acknowledges and agrees that encu of the certifications or amendments shall be incorporated into and made a part
of the.invitation for bids, request for proposals, aF e.erent, contract amendment, renewal or other similar document to which these
cenifications are attached.
•
VENDOR/GRANTEE:
•
ruk
•
TITLE:
Approved by DNR Legal Counsel July. 1998
'Disk 10,G-10X
'Project Agrr_.^..cnt Cer if moi
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MAP CERTIFICATION /i' --"I '`
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This project botilidary map Is l I ll/pfjll�yrUl�14/10�r'• �'"eM"4...� .. .)1 J__ _t . J .
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STATE OF ILLINOIS/ DEPARTMENT OF CONSERVATION DOC - 4/ DEVELOPMENT DATA
OSLAD PROJECT APPLICATION
1. PROJECT SPONSOR: City of Elgin / Kane County Forest Preserve District
2. PROJECT TITLE: • Trout Park River's Edge •
3. ACQUISITION DEVELOPMENT X
14. DEVELOPMENT ITEM Unit Amt. Estimated costs Const. method I
Daycamp / Interpretive Shelter (23 X 30) 1 7,500 C /F
Riverside Bike Path (1 ,200 Lf) and Rest Stop 24,100 C /F
•
Interpretive Trails (3,600 Lf) • 28,800 C /F
'Bridges 25,000 • C /F
'Bridge Repair ..�',- 5,000 C /F
Bike Path Marking 1 ,200 C /F
Accessible Fishing Pier 30,000 C /F
!Canoe Launch / Emergency Boat Launch 45,000 • C /F
'Interpretive Signs 1 0,000 C /F
• I?hoto-Blind 7,500 C /F
'Site Furnishings -Picnic Tables, Benches, 5,500 C /F
;Wetland Restoration 2,500 C /F
'Trout Pond Restoration 8;999 C /F
I Tip Down Gates 1 ,648 C /F
'Guard Rail 16,500 C /F
(Plantings • 1 ,500 C /F
(Split Rail Fencing 3,950 • - C /F
IPortapotty Shelter . 10,000 -- C /F
!Bollards - Recyclable Material - 20,003 C /F
Landscape Restoration 10,500 C /F
'Trees and Shrubs - 15,500 C /F
River Overlook 15,000 • C /F
Cistren Reconstruction 3,000 C /F
North Parking 52,000 C /F .
South Parking Lot and Entryway 44,300 C /F .
Lighting - Parking Lot and Security 50,000 C /F
APE Design Fees :5. 15.25% Of Const Cost . 10,000
Total Estimated Cost: $465,000
8. Architectural / Engineering Firm
Jerry Pask, Landscape Architech, City of Elgin Jon Duerr,Kane Co. FPD