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96-218 • 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. 96-218 PASSED: JULY 10, 1996 SUBJECT: AGREEMENT WITH ILLINOIS DEPARTMENT OF CONSERVATION(IDOC) FOR THE LAND AND WATER CONSERVATION PROGRAM • Resolution No. 96-218 RESOLUTION OF AUTHORIZATION OF APPLICATION FOR GRANT UNDER THE LAND AND WATER CONSERVATION PROGRAM WHEREAS, the City of Elgin hereby certifies and acknowledges that it has 100% of the funds necessary ( includes cash and value of donated land) to complete the pending OSLAD/LWCF project within the time frame specified herein for project administration imposed by the Illinois Department of Conservation ( IDOC) and that failure to adhere to the specified project time frame or failure to proceed with the project because of insufficient funds or change in local recreation priorities will be cause for project grant termination and result in the ineligibility of the local project sponsor to submit an OSLAD/LWCF application for the next two ( 2 ) consecutive grant cycles . Acquisition Projects It is understood that the local project sponsor has eight ( 8 ) months following project approval to acquire the subject property (acquisition involving eminent domain - petition to condemn must be field) and ten ( 10 ) months to submit a final reimbursement billing request to IDOC (excluding eminent domain cases ) . Failure to meet this timeline may be cause for grant termination by IDOC . Development Projects It is understood that the local project sponsor has six ( 6 ) months following project approval to initiate project development and 18 months to complete said development with a Final Billing request submitted to IDOC within two ( 2 ) months following completion. Failure to meet this timeline may be cause for grant termination. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin will comply with all applicable terms, conditions and regulations of ( 1) the Land and Water Conservation Fund Act of 1965 (P.L. 88-578 ) and the Open Space Lands Acquisition and Development (OSLAD) program ( 17 IL Adm. Code 3025 , as applicable; ( 2 ) the Uniform Relocation Assistance and Real Property Policies Act of 1970 (P.L. 91-646 ) ; and ( 3 ) Title VI of the Civil Rights Act of 1964 , (P.L. 83-352 ) , Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112 ) , as amended, the Age Discrimination Act of 1975 (P.L. 94-135) , the Civil Rights Restoration Act of 1988 , (P .L. 100-259 ) , and the Americans with Disabilities Act of 1990 (P.L. 101-336 ) ; and will maintain the project area in an attractive and safe condition, keep the facilities open to the general public during reasonable hours consistent with the type of facility, and obtain from IDOC written approval of any change or conversion of planned outdoor recreation use of the project site prior to initiating any such usage change or conversion. BE IT FURTHER RESOLVED that the City of Elgin certifies to the best of its knowledge the data provided within the attached application is true and correct. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 10 , 1996 Adopted: July 10, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • Eli • elk ° "-N Agenda Item No . 0`:7V6, ..1 June 19, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: 1996 Grant Request for Wing Park Improvements PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information on a LAWCON (Land and Water Conservation) Grant for Wing Park. BACKGROUND Funding is available through the 1996 LAWCON Grant program from the Illinois Department of Natural Resources for the Interage Activity area at Wing Park. The LAWCON Grant is a (50/50) matching grant for the develop- ment of the Interage Activity area which would consist of a new A.D.A. accessible picnic shelter, tot lot, rollerblade ring, horseshoe courts, game tables, volleyball courts , boccie ball court, drinking fountain and landscape restora- tion. The grant request will total $155, 800 with a 50/50 funding match from the Wing Park Phase I Improvement budget of $77 ,000, which was originally earmarked for the bike path grant. The City was not successful in obtaining the bike path grant. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Grant Consultant. FINANCIAL IMPACT The matching funds of up to $77 , 900 will be designated from the Wing Park Phase I Improvement Budget line item: bike rik path. The Park Development Fund, account #340-0000-795 . 92-32 project 507500, Land Improvements, Wing Park, has budgeted funds available to make this expenditure. Should the grant be denied, some aspect of Phase II totalling the grant re- quest will be moved forward. 1996 Grant Request for Wing Park Improvements June 19, 1996 fob- Page 2 LEGAL IMPACT None. ALTERNATIVES None. RECOMMENDATION It is recommended that the City Council request the staff to apply for grant funds for the Interage Activity area in Wing Park through the LAWCON program. Respectfully submitted, AtCcv Monica Bates, Director Parks and Recreation Department 1 rah' Richard B. Helwig City Manager JP STATE OF ILLINOIS ( MOC AOC ' 2A NATIONAL PARK SERVICE (Development Projects only) LWCF PROJECT APPLICATION FORM QU1SITION RISTORY and CERTIFICATION (sec instructions on page 51) ACQUISITION ITISTORY: Acquisition Method Parcell Date Acquired Purchase Price (sec code) (CODE) a) Negotiated Pu thaac b) Condemnation c) Donation • ' r • bCflfISITION CERTIFICATION; 1, Kevin Kelly Mayor of the (name) (title) City of Elgin ,do hereby certify, under penalty for willful mistatement (local agency) (18 U.S.C. 1001)*, that the property for which this development grunt assistance is being sought was tither 1) acquired in compliance with P.L. 91-646 (Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970) OR 2) at the time of its acquisition, no planning had been initiated or contemplated by this agency to obtain federal L&WCF or State OSLAD development grant assistance. (signature) (date) • 'Whoever, in any matter within the jurisdiction of any department or agency of the United States . knowingly and willfully falsifies, conceals, or covers up any trick, scheme or devise material facts, or makes any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.' .... �. S: -- `j -- moi' O S v :4 1 E : S ;E: l� _ I-'{ - S C :: .F� A a.. EEF r �c -. J 6 v - .� F' G .4 . STATE OF ILLINOIS/Isoc POC-3 RESOLUTION OF AUTHORIZATION OSLAD/LWCF PROJECT APPLICATIQN 1. Project Sponsor: City of Elgin 2. Project Title: The City of Elgin hereby certifies and acknowledges that it has 100% (local project sponsor) of the funds necessary (includes cash and value of donated land) to complete the pending OSLAD/LWCF project within the time frame specified herein for project administration imposed by the Illinois Department of Conservation (IDOC) and that failure to adhere to the specified project time frame or failure to proceed with the project because of insufficient funds or change in local prio-'`'mss will be cause for project grant termination and result in the ineligibility of the local project sponsor to submit an OSLAD/LWCF application for the next two (2) consecutive grant cycles. Acquisition Projects It is understood that the local project sponsor has eight (8) months following project approval to acquire the subject property (acquisition involving eminent domain - petition to condemn must be filed) and ten (10) months to submit a final reimbursement billing request to IDOC (excluding eminent domain cases) . Failure to meet this timeline may be cause for grant termination by IDOC. pcvelopment Project% It is understood that the local project sponsor has six (6) months following project approval to initiate project development and 18 months to complete said development with a Final Billing request submitted to IDOC within two (2) months following completion. Failure to meet this timeline may be cause for grant termination. BE IT FURTHER PROVIDED that the City of Elgin will comply with all (local project sponsor) applicable terms, conditions and regulations of 1) the Land and Water Conservation Fund Act of 1965 (P.L. 88-578) and the Open Space Lands Acquisition and Development (OSLAD) program (17 IL Adm. Code 3025, as applicable, 2) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) , and 3) Title VI of the Civil Rights Act of 1964, (P.L. 83-352) , Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112) , as amended, the Age Discrimination Act of 1975 (P.L. 94-135) , the Civil Rights Restoration Act of 1988, (P.L. 100-259) and the Americans with Disabilities Act of 1990 (PL 101-336) ; and will maintain the project area in an attractive and safe conditions, keep the facilities open to the general public during reasonable hours consistent with the type of facility, and obtain from IDOC written approval of any change or conversion of planned outdoor recreation use of the project site prior to initiating any such usage change or conversion. BE IT FURTHER PROVIDED that the City of Elgin certifies to the best of (local project sponsor) its knowledge the data provided within the attached application is true and correct. Adopted this day of , 19T I hereby certify the foregoing resolution was duly discussed and adopted by the rib.. City of Elgin at a legal meeting held on the day (local project sponsor) of , 19 (Authorized Signature) ATTESTED BY: Mayor, City of Elgin • .3u -.' - '9 - 9 e. S v `� 1 = S _ :'. _ 5 Y. r{ :=1 R �. r t J .� _ _ G DOC 6 - ASSURANCE OF COMPLIANCE ASSURANCE OF COMPLIANCE City of Elgin (hereinafter called "Applicant-Recipient") (Name of Applicant-Recipient) HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of 1964 ;F.L. 88-252) , Sor+inn 504 of the Rehabilitation Act of .372 (P.L. 53-112) as • amended, the Age Discrimination Act of 1975 (P.L. 94-135) , the Civil Rights Restoration Act of 1988 (P.L. 100-259) and the Americans with Disabilities Act . of 1990 (PL 101-336), and all requirements imposed by or pursuant to the U.S. Department of the Interior Regulation (43 CFR 17) issued pursuant to these laws, to the end that no person in the United States shall, on the ground of race, color, creed, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient received financial assistance from the U.S. Department of the Interior and HEREBY GIVES ASSURANCE THAT IT will immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant-Recipient by the U.S. Department of the Interior, this assurance obligates the Applicant-Recipient, or in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance obligates the Applicant-Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant-Recipient for the period during which the Federal financial assistance is extended to it by the U.S. Department of the Interior. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to the Applicant-Recipient by the bureau or office, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors, transferees, and assignees, and the person whose signature appear's below is authorized to sign this assurance on behalf of the Applicant-Recipient. City of Elgin + (Date) (APPLICANT-RECIPIENT) BY (President, Chairman of Board or Comparable authorized Official) Parks Department, 31 Fountain Square, Elgin, IL 60120 ' APPLICANT-RECIPIENT HAILING ADDRESS REV. 02/92 • JUN — y — UH 1 y : i0 C _ H _ E CHFeaDEFe FaS OC _ F' _ IJE U. S. DEPARTMENT OF THE INTERIOR Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion Local Agency Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 43 CFR Part 12 , Section 12 . 510, Participants' responsibilities. The regulations were published as Part VI of the May 26, 1988 Federal Register (pages 19160-19211) . For assistance in obtaining a copy of the regulations, contact the U. S. Department of the Interior, Acquisition and Assistance Division, Office of Acquisition and Property Management, 18th and C Streets, N.W. , Washington D.C. 20240. AS CHIEF ELECTED OFFICIAL of the below indicated Illinois local unit of government seeking LWCF financial assistance, I do hereby certify that: i. The prospective local agency project. sponsor (sub-recipient) certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2 . Where the prospective local agency project sponsor (sub- recipient) is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. City of Elgin Local Project Sponsor Kevin Kelly, Mayor, City of Elgin Name and Title of Authorized Representative Signature Date tow DI 1954