97-11 Resolution No. 97-11
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT APPLICATION UNDER THE
OPEN SPACE LANDS ACQUISITION & DEVELOPMENT GRANT PROGRAM
(Wing Community Park)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, be and is hereby authorized
and directed to execute a grant application for the Wing
Community Park under the Open Space Lands Acquisition &
Development Grant Program, a copy of which is attached hereto
and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: January 8, 1997
Adopted: January 8, 1997
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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1111 WilsonJones® WHITE-ORIGINAL CANARY-DUPLICATE 44-900•Duplicate
— _ __. ._ _
fCity of Elgin Agenda Item No.
December 11, 1996
TO: Mayor and Members of the City Council
FROM: Robert Malm, Interim City Manager
SUBJECT: Grant Agreement for Wing Park Activity Area
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
entering into an agreement for grant funding of $78,000 to
develop an Interage Activity Area in Wing Park.
BACKGROUND
Phase I of the Wing Park Master Plan includes the development
of an intergenerational play area that will include pre-
school, youth, teen, adult and senior recreational amenities
together in one area.
On June 19, 1996 the Mayor and City Council approved the
Parks and Recreation Department application for an OSLAD
(Open Space Lands Acquisition and Develop grant Program)
matching grant for Wing Park. The project is to include
constructing a senior area with game tables, horse shoe pits
and boccie ball courts with additional development of a
shelter, tot lot, sand volleyball/ice skating rink and roller
hockey/ice hockey court.
The grant was awarded on October 25, 1996.
The project is scheduled to be bid in January, 1997 in con-
junction with the other portion of Phase I improvements to
resurface the roadway and define parking areas. Phase I is
scheduled for construction in the summer of 1997 .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Grant consultant Charles Schrader and Associates as well as
the community via public meetings.
Grant Agreement for Wing Park Activity Area
December 11, 1996
Page 2
FINANCIAL IMPACT
The matching funds totaling $78,000 will be earmarked in the
Park Development Fund, account number 340-0000-795.92-32,
project 507500, Land Improvements, Wing Park, which has
budgeted funds available to make this expenditure.
LEGAL IMPACT
None.
ALTERNATIVES
None.
RECOMMENDATION
It is recommended that the Mayor and members of the City
Council enter into a contract agreement with OSLAD to develop
the Wing Park Interage Activity Area.
Respectfully submitted,
eMonica Bates
Director of Parks and
Recreation
t4
R ert 0. Malm
Interim City Manager
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STATE OF ILLINOIS
Department of Natural Resources
OPEN SPACE LANDS ACQUISITION & DEVELOPMENT GRANT PROGRAM
PROJECT AGREEMENT
Project Sponsor: City of Blain Project Number: OS 97-703 '
Address: 150 Dexter Court FEIN Number: 36-6005862
Slain, IL. 60120
Project Titley KING COMMUNITY PARK
Project Period: Start Date: October 25, 1996 Expiration Date: December 31, 1998
Project Scope (Description of Project/Costs) :
The City will renovate and expand facilities at the 120 acre Wing Park site by constructing a senior area with game tables, horse
shoe pits and boccie ball courts. Additional development includes a shelter, tot lot playground, sand volleyball/ice skating rink and
/s. a roller hockey/ice hockey court.
Development shall be in general accordance with the approved project application on file 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
Acquisition Costs $ made part of this Agreement
Relocation Costs $ 1.General Provisions(attached)
Development Costs $ 155.900.00 2.Project Application
TOTAL COSTS $ 155. 900.00 3.
t Fund Assistance up to 50 t 4.
• FUND ASSISTANCE AMOUNT $ 78. 000.00
( ) DNR copy
( ) Sponsor copy
The Illinois Department of Natural Resources (DNR) and the Project Sponsor, agree
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 rulespromulgated
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.
she 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 soirce 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 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
r 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
By:
(Signature) (Agency)
•
(Title) (Signature)
Department of Natural Resources
(Name)
Date:
(Title)
•
Approved for use by DNR Legal Counsel, 10/96:
r •
2
• GENERAL PROVISIONS OF THE PROJECT AGREEMENT
OPEN SPACE LANDS ACQUISITION&DEVELOPMENT GRANT PROGRAM
A. Definitions
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"grant
program(17 IL Adm.Code 3025).
B. proiect Execution and Permits -
1. The Project Sponsor agrees to execute 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 Illinois DNR per terms of this Agreement may be cause for suspension and/or termination of at
obligations of the Illinois 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. proiect Indemnification,
The Project Sponsor covenants and agrees that it shall indemnify,protect,defend and hold harmless the Illinois 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 specified project facility. Neither the Project Sponsor nor its employees,agents or subcontractors shall
be deemed to be an agent of the State of Illinois or Department of Natural Resources.
D. project Inspections.
It is agreed by the Project Sponsor that an Illinois DNR representative will make periodic inspections of the project as construction
progresses and will be available for consultation or assistance at any reasonable time upon request. 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 represent-
ative of the Illinois DNR prior to project acceptance and grant reimbursement to the Project Sponsor,and that the Illinois DNR
shall have future access to the project site and all facilities thereon to ensure continuing program compliance.
E. Proiect Sianaae/Publicity.
The Project Sponsor agrees to permanently post a grant acknowledgement sign,provided by the Illinois DNR,at the project site
entrance. In lieu of the Illinois 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
Illinois DNR logo and the following wording:
'OPEN SPACE LANDS ACQUISITION&DEVELOPMENT PROGRAM'
ILLINOIS DEPARTMENT OF NATURAL RESOURCES
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F. subcontractor Reouirements
The Project Sponsor shall insert as a integral part of any contract with an approved subcontractor(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 facilities. The scale •
of wages to be paid shall be obtained from the IL Dept of Labor and posted by the Contractor in a prominent and
accessible place at the project work site.
2. The Contractor shall provide and furnish to the satisfaction of the Project Sponsor and Illinois Dept of Natural
Resources good and sufficient performance bond(s)with adequate surety(ies),with applicable penalty or loss clauses;
concerning or relating to the construction of the proposed facilities and any losses,cost or damages arising out of,or
by virtue of said construction by the Contractor of the specified project facilities,insuring,benefiting and protecting the
Project Sponsor and Illinois Dept of Natural Resources.
3. The Contractor shall personalty and individually agree and covenant,and shall furnish and provide evidence of general
liability insurance in the amount of$1,000,000.00, and shall Indemnify, protect, defend at its own cost, and hold
harmless the Illinois Dept of Natural Resources 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.
4. The Contractor certifies that to the best of its knowledge, no officer or employee has been convicted of bribery or
attempting to babe an officer 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.
5. 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).
6. The Contractor certifies, pursuant to the Illinois Human Rights Act(775 ILCS 52-105),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 process including penalties;(v)the legal recourse,investigation and complaint process
evadable 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 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 Contractor shall abide by the Illinois Preference Act"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 its
monthly publication of employment and unemployment fgures,the Contractor shall employ only Illinois laborers unless
otherwise exempted as so stated in the Act. (Illinois laborer"means any person who has resided in Illinois for at least
30 days and intends to become 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 Dept of Natural Resources.
8. 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 Act of 1979 or the regulations
of the U.S.Department of Commerce promulgated under that Act
G. Use of Protect Site(Operation&Maintenancel
1. The Project Sponsor understands and agrees to operate and maintain the approved project site in a safe and attractive
manner,in perpetuity,for the benefit of public outdoor recreation and shall not discriminate against any person in its
use on the basis of 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 fees,as defined in the OSLAD Local Participation Manual or
17 IL Adm.Code 3025, may be maintained on the basis of residence.
2. No significant'deviations from the approved project proposal(development plan)or control of property interests in the
project site shall be made without prior written approval from the Illinois DNR. Specific actions regarded as significant
deviations,although not inclusive, are as follows:
a. The 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.
b. The sale or exchange of ANY portion of the project site to another individual,group,agency or entity.
c. The change,alteration or disposition of the project site to other than public outdoor recreation use unless
otherwise approved in this Agreement or by the DNR. The construction of any building including indoor
recreation facilities,exclusive of outdoor recreation service or support structures and sanitary facilities,are
considered a conversion in use as defined herein.
d. All service utilities constructed on the project site subsequent to the date of this Agreement,excepting
electric lines over 15 kv,must be buried unless otherwise approved by the Illinois DNR.
4
3. 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. My 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 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
It Is hereby agreed and understood by the Project Sponsor that any deviation or conversion of the project sites)from
public outdoor recreation use without Illinois DNR approval shall be considered a breach of this Agreement and shall
result In the Project Sponsor being held liable for replacing said converted property with comparable recreation land
as deemed acceptable by the Illinois DNR.
1.
H. project Costs.Financial Records and Audit Requirements
1. Project costs eligible for assistance shall be determined upon the basis of criteria set forth for the OSLAD program as
so specified in 17 IL Mm.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 Illinois ONR 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 disbursement.
3. If the Project Sponsor(grantee)receives more than$25,000 in grant funds,the Project Sponsor shall be responsible
for having an annual financial 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 ch.24 or 34),2)federal requirements,
OMB circulars A-128 or A-133,or 3)the Project Sponsors 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 will meet the audit requirements for OSLAD grant participation. This audit must
be conducted by an independent public accountant, certified and licensed by authority of the State of Illinois and
conducted 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 the Project Sponsors normal procurement rules,provided that these rules promote open competitive
procurements.
If the Project Sponsors 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.
The Project Sponsor,if requested,shall provide to the Illinois 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 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 Illinois DNR or its representative,
the Project Sponsor shall be responsible for repayment of such costs.
Compliance Requirements and Certifications/Assurances
•
1. The Project Sponsor agrees to complete the project in accordance with all applicable federal,State and local laws,
ordinances and regulations.
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 official capacity to negotiate, make, accept, or approve,or to take part in such decisions
regarding a contract for acquisition/development of property in connection with this project,shall have any financial or
other personal interest in any such contract for the acquisition/development
5
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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 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 acquired or developed for this project unless such interest is openly disclosed upon the
public records of the Project 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 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 Act(30 ILCS 105/16).
6. Pursuant to 775 ILCS 5/2-105(AX4),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 definition of sexual
harassment under State law;(iii)a description of sexual harassment utilizing examples;(v)the 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 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 1961,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
elk
J. proiect Termination
1. The State 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 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 architecturaUengineering 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 Sponsor shall halt all work'under this Agreement and cancel all 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 comply 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 Illinois 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 this Agreement by the Project Sponsor and notification 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 Illinois DNR shaft thereafter have full right and authority to take such action as it deems necessary to enforce the
provisions 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.
It is further agreed by the Project Sponsor,that in the event it is adjudicated by any court that Its activities are deemed
to be a breach or violation of this Agreement,as a part of the relief awarded to the DNR,that 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 attorney
or law furs to the DNR relating to the claim of the DNR alleging the Project Sponsor's breath or violation. For purposes
of this paragraph,"costs"shall be deemed to be all these expenses,including court costs,reasonably incurred by the
Illinois DNR.
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STATE OF IWNOIS/ DEPARTMENT OF CONSERVATION DOC - 4/ DEVELOPMENT DATA
OSLAD/LWCF PROJECT APPLICATION
1. PROJECT SPONSOR: City of Elgin
2. PROJECT TITLE: Wing Community Park
3. ACQUISMON DEVELOPMENT
.NOTE: ACQUISITION PROJECTS- COMPLETE ITEMS*4 AND *6 BELOW AS THEY PERTAIN TO FUTURE
DEVELOPMENT. ALSO, INDICATE ANTICIPATED SCHEDULE FOR PROPOSED DEVELOPMENT.
4. DEVELOPMENT ITU; 5. UNITS 6. EST.COST 7. METHOD
Playground/Tot Lot $ 65,000
Roller Hockey Court/Ice Hockey $ 24,000
Sand Volleyball/Ice Skating $ 15,995
enior Activity Area
Game Table $ 2,700
Horse Shoe Pits $ 2,000
Boccie Ball Court $ 3,500
Shelter/Water/Electric/Drinking Fountain $ 37,000
Landscape Restoration $ 5,705
TOTAL ESTIMATED COST $ 155.900
NOTE: DONATED LABOR AND MATERIAL ARE NOT EUGIBLE FOR REIMBURSEMENT.
8. ARCHITECTURAL / ENGINEERING FIRM.
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. Wing Community Park
SITE DEVELOPMENT PLAN Attachment A-4
elmk Site Development Plan
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DEPARTMEN i ut- nip,1 unrkL.
CITY OF ELGIN
Elk;ri DEPARTMENT OF PARKS ANO RECREATION
:St 31 SOUTH GROVE ILLINOIS RESOURCES
ELGIN.ILLINOIS 60123-5555
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