99-199 Resolution No. 99-199
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE
STATE OF ILLINOIS, DEPARTMENT OF NATURAL RESOURCES
FOR THE TYLER CREEK RESTORATION--EAGLE HEIGHTS PARK PHASE II
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby
authorized and directed to execute a Grant Agreement on behalf
of the City of Elgin with the State of Illinois, Department of
Natural Resources for the Tyler Creek Restoration--Eagle
Heights Park Phase II project, a copy of which is attached
hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: July 28, 1999
Adopted: July 28, 1999
Omnibus Vote : Yeas 5 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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Resolution No. 99-199
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE
STATE OF ILLINOIS, DEPARTMENT OF NATURAL RESOURCES
FOR THE TYLER CREEK RESTORATION--EAGLE HEIGHTS PARK PHASE II
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby
authorized and directed to execute a Grant Agreement on behalf
of the City of Elgin with the State of Illinois, Department of
Natural Resources for the Tyler Creek Restoration--Eagle
Heights Park Phase II project , a copy of which is attached
hereto and made a part hereof by reference .
Ed Schock, Mayor
Presented: July 28 , 1999
Adopted:
Vote : Yeas Nays
Recorded:
Attest :
r
Dolonna Mecum, City Clerk
r
DNR Grant No.:
Ecosystem Partnership: Fox River
Project No.: 008-99
A GRANT AGREEMENT
between
STATE OF ILLINOIS, DEPARTMENT OF NATURAL RESOURCES
ECOSYSTEMS PROGRAM
and
Elgin City Of,hereinafter referred to as the Grantee.
Whereas the Department has the authority, pursuant to Illinois statute 30 ILCS 105/6z-32, to enter into
this agreement for the following purposes:
1. To establish and protect a system of ecosystems in public and private ownership through
conservation easements; incentives to public and private landowners including technical
assistance, grants, cost-share, easements, etc.; and land acquisition.
2. To develop a systematic and long-term program to effectively measure and monitor natural
resources and ecological conditions.
r •
3. To initiate strategies to enhance, use, and maintain Illinois' inland lakes through education,
technical assistance, research, and financial incentives.
This agreement is made and entered into this day of 199_, by and between the
Department of Natural Resources (hereinafter referred to as "Department") and the Grantee. In view of
mutual covenants herewith contained, the parties agree as follows:
ARTICLE 1: PROGRAM TERMS AND CONDITIONS GOVERNING GRANT
1. GRANT PROJECT AND AMOUNT: Depailllient agrees to provide a grant in the maximum
amount of$35,160.00 to the Grantee subject to the terms and conditions of this Grant Agreement
for the following project:
Project Title: Tyler Creek Restoration -Eagle Heights Park Phase II
Project Description: Install six riffle-pool structures over 1,260 feet of stream length
effectively providing vertical channel stability and positively impacting habitat.
2. TERM: This Grant is effective upon date of execution and shall terminate on 12 / 31 / 00. The
Grantee shall use its best efforts and due diligence to complete the Project within the Grant term.
This Grant is subject to the Grant Funds Recovery Act, 30 ILCS 705/5. All payments made for
this grant are to be payments for work related to this project as per documents provided by the
Grantee to the DNR and attached to this Agreement (Attachment C). •
3. DISBURSEMENTS: The Grantee may submit a written request for the release of $14,064.00 as
an advance payment. For the purpose of the match, expenditures in support of the completion of
the project made after the Governor's announcement of the award will be allowed. The Grantee
shall submit a billing statement signed by its authorized representative previous to any advance
payment allowed for as part of this Grant. The Grantee shall also secure and submit the written
approval of the Grant Officer identified in paragraph 10 below, before billing the Department for
either advance payments allowed by this Grant, if any, or any quarterly or final payment.
The balance of the actual project expenditures are to be reimbursed upon submission of
documentation of actual project expenses.
Final payment will be made upon submission of documentation of actual project expenditures and
upon documentation that the match snare of$21,780.00 has been expended by the Grantee. In
addition, upon completion of the project, the Grantee shall submit expenditure documentation
confirming the costs expended, including the matching costs, along with the Final Report
described in paragraph 6 below.
4. EXECUTION OF THE PROJECT SHALL BE IN GENERAL ACCORDANCE WITH THE
SCOPE OF WORK NARRATIVE AND RELEVANT ATTACHMENTS (i.e.: MAPS,
PHOTOGRAPHS, MANAGEMENT PLANS, DESIGN PLANS, PROJECT OUTLINES, etc.)
ATTACHED HERETO AS ATTACHMENT C. THE SCOPE OF WORK NARRATIVE SHALL 441)
BE BASED UPON THE ECOSYSTEM PROJECT APPLICATION SUBMITTED BY THE
GRANTEE.
5. GRANT DATA AND DELIVERABLES: "Grant Data" means recorded information, regardless
of form or characteristic, which is developed, generated, or produced by the Grantee in the course
of fulfilling the Grant. Grant Data used to produce the deliverables under the Grant shall remain
the property of the Grantee. However, the Department may use all Grant Data developed as part
of the project without restriction and without compensation to the Grantee. In the event that the
Grant obtains a patent, copyright, or otherwise restricts access to Grant Data, the Department shall
have a royalty-free license to use all Grant Data developed, generated, or produced by the Grantee
in fulfillment of this Grant.
"Deliverables" specified to be produced or performed under this Grant shall become the property
of the Department and shall be delivered to the Department in accordance with the provisions of
Attachment C (Ecosystem Project Scope of Work).
The Grantee will not publish or permit any other person to publish any report, study, or other
document produced by the Grantee as a deliverable under this Grant without the Department's
advance approval. The Grantee shall acknowledge the sponsorship of the Department in the
project in any such publication, or shall accede to any request by the Department that appropriate
disclaimer language be incorporated into the publication. '"
6. FINAL REPORT: In addition to any reports, maps, photographs, or narratives described in
L Attachment C, the Grantee shall also submit a Final Report detailing the methods used to fulfill
this Grant and documenting completion of the project.
ARTICLE 2: STANDARD TERMS AND CONDITIONS
7. CONFLICT OF INTEREST: The Grantee agrees to comply with the provisions of the Illinois
Purchasing Act prohibiting conflict of interest (30 ILCS 505/11.1-11.5) and all the terms,
conditions, and provisions of those Sections apply to this Grant and are made a part of the Grant
the same as though they were incorporated and included herein. •
8. SUBGRANTEE DISCLOSURE: The Grantee will disclose the use of any subGrantee to fulfill
obligations under this Grant by providing the subGrantee's name, address, telephone number, a
description of the services to be rendered, and the amount to be paid the subGrantee as part of the
project, by completing Attachment D. If a subGrantee not disclosed in Attachment D is needed,
this Grant shall be amended, subject to Department approval, to incorporate any new
subGrantee(s) and the estimated amount of payment (to each).
9. CONTRACTUAL WORKERS: Subject to paragraph 8 above, all technical, clerical, and other
personnel necessary for the effective performance of the Grant shall be employed by the Grantee,
and shall in all respects be subject to the rules and regulations of the Grantee governing staff
members and employees. Neither the Grantee nor its personnel shall be considered to be agents or
employees of the Department.
10. GRANT OFFICER: The Grant Officer shall discuss with the Grantee any plans, specifications, or
strategies for implementing the project described in Attachment C, along with the timetable for
implementation of the project, and approve in writing any advance payment allowed for under this
Grant. The Grant Officer may withhold this approval if he/she believes the Grantee is not
prepared to meet the terms of this Grant. The Grant Officer shall also approve in writing the final
payment based on a review of all Deliverables (see paragraph 5) required by the Grant, and the
Final Report (see paragraph 6). The following Department staff person is designated as the Grant
Officer for this Grant: Maggie Cole Grant Officer's telephone number: 630/553-0164.
11. TERMINATION: Either Party has the right to terminate this Grant upon ten (10) days' written
notice to the other Party. This Grant may be IMMEDIATELY terminated by the Department
under any of the following conditions:
a) Grantee fails to perform as required;
b) Department determines Grantee's performance to be unsatisfactory;
c) Services of the Grantee are no longer needed by the Department.
Payments may be made for work completed prior to termination that can be utilized by the
Department. All other legal and equitable remedies shall remain in effect. Failure to declare a
breach on one occasion does not act as a waiver to declare a breach on another occasion.
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12. LAWS OF ILLINOIS: This Grant shall be governed in all respects by the laws of the State of
Illinois. Grantee agrees that it shall be responsible for and obtain all necessary Permits, Licenses
or Forms of Consent from any necessary federal, state or local governmental entity.
13. SUBJECT TO APPROPRIATION: Obligations of the State will cease immediately without
penalty of further payment being required if in any fiscal year the Illinois General Assembly fails
to appropriate or otherwise make available sufficient funds for this agreement.
14. ENVIRONMENTAL CONCERNS: INNS aquatic survey required. Project may need to be
modified depending on results of they survey. Contact Maryjo Woodruff at (217) 782-7940 if
there are questions regarding the environmental concerns..
15. THE FOLLOWING DOCUMENTS BARE INCORPORATED IN, AND MADE A PART OF
THIS GRANT:
ATTACHMENT A: GRANT CERTIFICATIONS
ATTACHMENT B: SPECIAL GRANT PROVISIONS
ATTACHMENT C: ECOSYSTEM PROJECT SCOPE OF WORK
ATTACHMENT D: SUBGRANTEE DISCLOSURE
Director, Department of Natural Resources Date Date
Joyce A. Parker, City Manager, a duly
authorized representative of the
Elgin City Of
150 Dexter Court •
Elgin,IL 60120-5555
Recommended by: 36-6005862
Ecosystem Projects Coordinator Grantee's SSN/FEIN
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ATTACHMENT A
Grant Certifications
Conservation 2000
STATE OF ILLINOIS, DEPARTMENT OF NATURAL RESOURCES
The Grantee 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 Grantee certifies that is has not been barred from contracting with a unit of State or local 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 Grantee certifies that it is not in default on an educational loan as provided in Public Act 85-827(5 ILCS 385/1)(a
partnership shall be considered barred if any partner is in default on an educational loan).
IV. The Grantee is not prohibited from selling goods or services to the State of Illinois because it pays dues or fees on behalf of
its employees or agents or subsidizes or otherwise reimburses them for payment of their dues or fees to any club which
unlawfully discriminates(775 ILCS 25/1).
V. 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 ti at no grantee or contractor shall receive a grant or be considered for the
purposes of being awarded a contract from the State for the procurement of any property or services unless that the grantee
or contractor will provide a drug free workplace and that individuals must not engage in the unlawful manufacture,
distribution, dispensation,possession or use of a controlled substance in the performance of the contract or grant. False
certification or violation of the certification may result in sanctions including,but not limited to, suspension of contract or
grant payments, termination of the contract or grant and debarment of contracting of grant opportunities with the State for at
least one(1)year but not more than five(5)years.
CONTRACTOR/GRANTEE: For the purpose of this certification, "grantee" or"contractor"means a
corporation,partnership,or other entity with twenty-five(25)or more employees at the time of issuing
[ the grant, or a department, division,or other unit thereof,directly responsible for the specific performance
under a contract or grant of$5,000 or more from the State.
The contractor/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
(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:
elk (1) the dangers of drug abuse in the workplace;
(2) the grantee's or contractor's policy of maintaining a drug free workplace;
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(3) any available drug counseling,rehabilitation, and employee assistance programs;
(4) the penalties that may be imposed upon employees for drug violations.
(c) Providing a copy of the statement required by subparagraph(1)to each employee engaged in the AI
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
(2)of paragraph 9c)of subsection(1)above from an employee or otherwise receiving actual
notice of such conviction.
(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or
rehabilitation program by,any employee who is so convicted as required by section 5 of the Drug
Free Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug counseling,treatment,and
rehabilitation is required and indicating that a trained referral team is in place.
(g) Making a good faith ;ffort to continue to maintain a drug free workplace through implementation
of the Drug Free Workplace Act.
INDIVIDUALS: If Grantee 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.
Grantee certifies that it will not engage in the unlawful manufacture, distribution,dispensation,possession
or use of a controlled substance in the performance of the contract. This requirement applies to contracts
of more than$5,000.
VI. In compliance with the State and Federal Constitutions,the Illinois Human Rights Act,the U.S. Civil Rights Act,and Sectior
504 of the Federal Rehabilitation Act,the Department of Central Management Services does not unlawfully discriminate in
employment, contracts, or any other activity.
Grantee, its employees and subcontractors, agree not to commit unlawful discrimination and agree to comply with applicable
provisions of the Illinois Human Rights Act,the Public Works Employment Discrimination Act,the U.S. Civil Rights Act
and Section 504 of the Federal Rehabilitation Act,and rules applicable to each. The equal employment opportunity clause of
the Department of Human Rights'rules is specifically incorporated herein.
The Americans with Disabilities Act(42 U.S.C. 12101 et seq.) and the regulations thereunder(28 CFR 35.130)(ADA)
prohibit discrimination against persons with disabilities by the State,whether directly or through contractual arrangements, in
the provision of any aid,benefit or service. As a condition of receiving this contract, the undersigned Grantee certifies that
services,programs and activities provided under this contract are and will continue to be in compliance with the ADA.
VII. Grantee certifies he/she has informed the director of the agency in writing if he/she was formerly employed by that agency
and has received an early retirement incentive under Section 40 ILCS 5/14-108.3 or 40 ILCS 5/16-133.3 of the Illinois
Pension Code. Grantee 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.
VIII. RETENTION OF RECORDS: Grantee shall maintain,for a minimum of five years after completion of the contract,
adequate books,records and supporting documents to verify the amounts,recipients and uses of all disbursements of funds
passing in conjunction with the contract;that the contract and all books,records,and supporting documents related to the
contract shall be available for review and audit by the Auditor General pursuant to PA 87-991;and that the contractor agrees
to cooperate fully with any audit conducted by the Auditor General and to provide full access to all relevant materials. •
Failure to maintain books,records, and supporting documents required by this Section shall establish a presumption in favor
of the State for the recovery of any funds paid by the State under the contract for which adequate books,records,and
supporting documentation are not available to support their purported disbursement.
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- IX. SEXUAL HARASSMENT: Pursuant to 775 ILCS 5/2-105(A)(4), Grantee shall have written sexual harassment policies that
shall include, at a minimum,the following information: (I) the illegality of sexual harassment;(ii)the defmition of sexual
harassment under State law; (iii) a description of sexual harassment,utilizing examples; (iv)the Grantee's internal complaint
process including penalties; (v)the legal recourse,investigative and complaint process available through the Department of
Human Rights and the Human Rights Commission; (vi)directions on how to contact the Department and Commission;and
(vii)protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policies
shall be provided to the Depaitnient upon request.
X. For contracts exceeding$10,000 the Grantee 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
Action of 1979 or the regulations of the U.S.Department of Commerce promulgated under that Act.
XI. Grantee shall notify the Department's Ethics Officer if the Grantee solicits or intends to solicit for employment any of the
Department's employees during any part of the procurement process or during the term of the contract.
XII. WAGES OF LABORERS,MECHANICS AND OTHER WORKMEN: If applicable,the Grantee shall be required to
observe and comply with provisions of the "Prevailing Wage Act," 820 ILCS 130/1 et. seq.,which applies to the wages of
laborers,mechanics and other workers employed in any public works.
XIII. Under penalties of perjury,I certify that the nam_e,taxpayer identification number,and legal status listed below are correct.
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Grantee's Name: Elgin City Of
Taxpayer Identification Number:
Social Security Number
or
Employer Identification Number 36-6005862 •
(If you are an individual, enter your name and SSN as it appears on your Social Security Card. If completing this
certification for a sole proprietorship,enter the owner's name followed by the name of the business and the owner's SSN. For
all other entities,enter the name of the entity as used to apply for the entity's EIN and the EIN.)
Legal Status(check one):
O Individual O Corporation NOT providing or
O Owner of Sole Proprietorship billing medical and/or health care services
O Partnership 12( Governmental Entity
O Tax-exempt hospital or O Nonresident alien individual
extended care facility O Estate or legal trust
O Corporation providing or billing O Foreign corporation,partnership,
medical and/or health care services estate,or trust
O Other:
The undersigned acknowledges and agrees that each of the certifications or amendments shall be incorporated into and made a part of
the invitation for bids,request for proposals,agreement, contract, amendment,renewal or other similar document to which these
certifications are attached.
Grantee: Elgin City Of
By:
Joyce A. Parker, a duly authorized representative of Elgin City Of
Title:
elk
DHR*Number:
*Department of Human Rights-obtain forms required to apply for DHR Number by writing to the Public Contracts Unit, Dept.of Human
Rights; 100 W.Randolph St.,Ste. 10-100;Chicago,IL.60601;www.state.il.us/dhr;312/263-1579(TDD).
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ATTACHMENT B
Special Grant Provisions
Conservation 2000
STATE OF ILLINOIS,DEPARTMENT OF NATURAL RESOURCES
41,A. PROMOTION:The Grantee will notify the media that the project specified herein has received funding from the State of Illinois,
Department of Natural Resources(Department/IDNR),Conservation 2000 Fund. All publications,written documents,news articles,TV
and radio releases,interviews and personal presentations which relate to this project shall credit IDNR,Conservation 2000. A notice
crediting IDNR,Conservation 2000 shall be posted at the main entrance to any real property or interest in real property purchased under
this contract.
B. REPORTING:The Grantee shall provide a written report to the Department by December 31 of each of the first four years for grants that
include the purchase or granting of any equipment and/or computer software. Equipment/computer software usage reports shall include,at
a minimum: equipment/computer software description including manufacturer,make,model,serial/license number and inventory number,
if applicable;a detailed description of types of use;location(s)of those practices;listing of those person(s)or entities which benefitted
from the equipment/computer software directly or indirectly; record of all maintenance and repair done in the past year;a copy of the
approved property/licensing control measures,in place,to prevent loss,damage and theft and written assurances that should any loss,
damage,or theft of property occur,it shall be investigated;and a listing of the individual(s),their organizational titles,and their authority
to assure proper property/licensing controls are adhered to.
The Grantee of a project funded for conservation or habitat practices,land acquisition or a conservation easement shall prepare
and submit,within 90 days of receipt of notice of the award,a written report to the Department on that portion(s)of the affected property.
The report shall include,at a minimum:project locat}ln,including township,range and section;a minimum of six(6)numbered color
photographs which clearly show the current condition of the project area;a site map,which includes a scale and North Arrow,that clearly
shows the property's features,the numbered location of each photograph and the direction of view captured by each photograph;a
narrative for each photograph describing what is shown in the photograph and what element(s)are a part of the project;proof of
ownership;description of the current use(s)being made of the project area;any changes in the project area since last reported(i.e.,
ownership,land use,environmental,etc.);a statement signed by the Grantee that the information included in the report is true,accurate
and that the portion(s)of the property covered by this agreement are being maintained,used and managed in a manner consistent with the
terms and conditions of this grant;and the name,address and phone number of the Grantee.
Thereafter,the Grantee shall submit a report,containing the same information required above,once every 5 years to the
Department throughout the life of the practice or length of the conservation easement or as long as the acquisition is held.These reporting
requirements shall be binding on the Grantee,and any successors or assigns.
C. EQUIPMENT/SOFTWARE OWNERSHIP:Equipment and/or computer software purchased by the Grantee,under this
agreement and in accordance with item D below,shall become the property of the Grantee. Equipment/computer software purchased by
the Department,under this agreement and granted to the Grantee shall have the ownership of same vested in the Grantee for the period of
the grant.Upon termination of the grant,the ownership of all equipment/computer software purchased by the Department under this
, agreement and granted to the grantee,shall revert back to the Department.The Department reserves the right to specify,in writing,a third
party to receive the equipment/software.Equipment acquired under this grant may not be employed for commercial purposes,and may
only be used for purposes similar to those described in the project application,when applicable,and the grant agreement.
D. PURCHASE: If the purchase of goods,materials or services,other than professional and artistic services,are identified as a project
component and the cost of those goods,materials or services,individually or in aggregate from the same vendor,meets or exceeds
$10,000,the goods,materials and services must be purchased through either an established state,federal,municipal,or comparable
competitive procurement process.If a comparable competitive procurement process is used,documentation of invitation,submission,
opening,evaluation,correction,withdrawal,and award of bids will be required for reimbursement.
If the purchase of professional and artistic services are identified as a project component and if any of the following conditions
occur:
1. The cost of those goods,materials or services,individually or in aggregate,from the same vendor,meets or exceeds
$10,000.
2. The goods,materials or services,individually or in aggregate,from the same vendor are covered by a renewable
agreement.
3. The agreement for the goods,materials or services,individually or in aggregate,from the same vendor is to last more than
one year.
4. The Grantee determines,in writing,that competitive sealed bidding for a single procurement is not practical or
advantageous.
5. The Grantee determines,in writing,that sole source procurement is the most economically feasible solution.
Then the Grantee must use an established state,federal,municipal quality-based selection process or develop a written quality-based
selection process for the solicitation of proposals.If the Grantee develops a written quality-based selection process,the Department's must
approve the process before proceeding with the solicitation of competitive sealed proposals.
E. REPOSSESSION: All equipment,materials,supplies or real property specified herein and purchased as a result of this agreement shall be
subject to repossession be the Department and/or reassigned by the Director of Natural Resources upon the dissolution of the Grantee,
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• future abandonment of the herein specified project,or as a result of Grantee noncompliance with the terms and conditions of this grant
agreement. All property repossessed under this clause by the Department shall be reassigned by the Director of the Department of Natural
Resources for uses as similar as possible to the original project purposes as specified herein.
F LIABILITY:To the extent permitted by law,the Grantee shall indemnify,protect and hold harmless,the State of Illinois and its agents
from any and all liabilities,costs,damages and claims arising as a direct or indirect result of the Grantee's activities,under the terms of this
agreement.
G. OPERATION AND MAINTENANCE:The Grantee understands and agrees that it shall be fully responsible for and assume all operation
and maintenance costs and responsibilities associated with the project. It shall be understood that the Department of Natural Resources is
in no way responsible for any operation and maintenance costs associated with the herein specified project.
H. FINANCIAL MANAGEMENT RESPONSIBILITIES:Any IDNR,Conservation 2000 monies not expended or legally obligated at the
completion of the project or at the end of the contract,whichever is earlier,must be returned to the Department for deposit in the IDNR,
Conservation 2000 Fund within 45 days. Any expenditure by the Grantee that does not comply with this agreement will be disallowed
and must be returned to the Department for deposit in the IDNR,Conservation 2000 Fund. IDNR, Conservation 2000 Fund monies
received as an advance payment shall become part of the project principle and must be reported as a part of expenditure documentation.
TRANSFER OR DISPOSAL:No equipment,materials, supplies or real property specified herein and purchased as a result of this
agreement shall be transferred or disposed of or used in a manner other than that specified herein without written approval of the Director
of the Department of Natural Resources. On property where Department funds were used,in part or solely,for land acquisition,a lien or
conservation easement,as deemed appropriate,will be recorded on the property which stipulates the land cannot be sold,but must be held
and maintained by the Grantee and any successors or assigns for the purpose(s)of the acquisition.
J. USE: On property where Department funds were used,in part or solely,for conservation or habitat practices or for land acquisition or for
securing a conservation easement,the Grantee cannot develop or use the property in any manner that is not compatible with sustaining the
conservation or habitat practices implemented or with perpetuating the ecological conditions that were preserved through the land
acquisition or conservation easement,unless otherwise specified herein. No capital improvements,removal of vegetation,soil disturbance
or similar activities will be allowed by the Grantee on that portion(s)of the property covered herein,unless otherwise stipulated,without
the written approval of the Director of the Department of Natural Resources.The terms and conditions of this grant shall be binding on
the Grantee and any successors or assigns of interests in said real property.
DISCRETIONARY AUTHORITIES:If the Grantee possesses the discretionary authority to allow the owner of any outstanding interest in
real property acquired under this grant to do capital improvements,remove vegetation,disturb soil or similar activities,the Grantee shall
consult with the Department at least 60 days in advance of providing such approvals.The Department shall reply to the Grantee,in
writing,pursuant to the proposed action(s)of the owner.
L. INSPECTIONS:Department representatives shall have access to the herein specified project at any reasonable time during project
development and after completion to assess progress or to ensure continuing compliance with program requirements.
M. PUBLISHED MATERIALS: Before informational,media,or publicity materials are printed,released or otherwise duplicate,the
Department must review and approve such material before being produced and distributed.
N. COST SHARE PRACTICES: Effective in FY'99,any conservation activities of the herein specified project that are identified under 17 IL.
Admin. Code,Ch. I,Sec. 1522,"Conservation 2000-Natural Resources Cost-Share Program,"[30 ILCS 105/6z-31],as Cost-Share
Practice(s),must follow all the provisions of the statute,except for the"Maximum Program Payment"provisions of Section 1522,Exhibit
B,"Cost-Share Practices: Percent and Maximum Payments."The Department will be the final authority on determining what conservation
activities are Cost-Share Practices and under what Cost-Share Practice Categories the stated conservation activities belong.The provisions
and requirements of the"Conservation 2000-Natural Resources Cost-Share Program"are included herein by reference and made a part of
this agreement.
Grantee's Name: Elgin City Of Date:
rililthorized Signature: Printed Name:
(Joyce A.Parker, a duly authorized representative
of the Elgin City Of)
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ATTACH ENT C
ECOSYS TEM PROJECT SCOPE OF WORK
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1. Partnership: Fox River Ecosystem Partnership
2. PROJECT NUMBER: Fox River 008-99
3. PROJECT NAME: Tyler Creek Restoration -Eagle Heights Park Phase II
4. PROJECT DESCRIPTION: During calendar year 1999*, the project will consist of
installing six riffle-pool structures over 1,260 feet of stream length on Tyler Creek as it
passes through Eagle Heights Park in Elgin Illinois. Phase One was completed in 1997 and
consisted of the installation of 1Rnkers boxes and ajax structures. Phase Two will
effectively provide vertical channel stability and positively impact habitat. To maximize
effective streambank stabilization and habitat restoration a combined approach using both
bio-engineering and riffle poolstructures is indicated. Assistance from Don Roseboom
and/or personnel from Illinois Water Survey will examine the site, aide in location and -
recommend the design of the riffle features. A consultant will assist in the design,
permitting, co-construction management and monitoring. After construction, the water_ _ .:
will be monitored for the next three year and the results will be Available to government-
units,
overnmentunits, volunteers organizations and private land owners.
* NOTE: Due to the new requirement for a Spring, Summer and Fall 1999 in stream
q _ P �,
survey conducted by the:INHS (and paid for by C2000), construction on
Elie project will probably extend into the year 2000. -
Once the project contract has been signed between the I.D.N.R and the City of Elgin,
request for R.F.P.'s will be sent to consultants. The R.F.P.'s will be returned in two weeks
and the committee will have a week to review and select a short list of consultants to be
invited for a thirty minute interview. The committee will grade each consultant and
select one. Once the contract has been signed between the Consultant and the City of
Elgin, the•desigrier will have thifty days to come up with the preliminary master plan and
• then the approved master plan. The consultant'will be required to obtain all necessary
permits for construction.
Some of the stream bank trees on the east side will have to be removed for access to the
creek bed. Trees are mainly Black Willow, Silver Maple, Box Elders and secondary
American Elms.
The consultant will co-construction manage the project with the City of Elgin, Park
Development Coordinator. Along with equipment, the work will be done by the City's
Park Maintenance staff Additional significant in-kind and voluntary contributions will be
made by Friends of Tyler Creek, Eagle Heights Residents Assoc. and Cpenlands Project. 415
Page 2 •
•
Attachment.C •
Ecosystem Project/Scope of Work •
The work will consist of the six riffle-pool structures over 1,260 feet of stream length.
The structures will consist of bio-engineering and riffle pools. Based on an average
autumn of low water level, the work is scheduled for Summer 2000 and completion in Fall
2000.
5. PROJECT LOCATION: The site is located on Tyler Creek in Eagle Height Park,
1600 Kimberly, Elgin, Kane Cty, Illinois. Township 41, range 8E and section 10, is
the project site. We will request further sites on Tyler Creek as funds permit. •
6. PROJECT BUDGET:
Personnel: 4 people x 96 hours x$17.00 per hr. $ 6,528*
(City union non skilled labor)
1 supervisor x 96 x $23.00 per hr. $ 2,208
2 personnel x 24 hours x $17.00 per hr. $ 816 -
(City union skilled workers) •
Equipment Requirement
for construction of
Riffle structures
. Loader/backhoe 2 x 12 days x $500 per day $12,000*
Site work& tree 1 x 1 day x $500 $ 500*
Supplies Granite (1260 in. ft.) $20,160
Landscape Topsoil $ 500
restoration Grass Seed $ 250
Erosion Control Blanket $ 500 •
Fine Grading 1 x 1 day $; 500
Snow fencing for traffic control $ 250. •. -
Consultant design, permits, monitoring $15,000
Total Project Cost $56,940
(Matching Funds) ($21,780*)
TOTAL C2000 FUNDS REQUESTED $35,160
eagleeco.1298
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ATTACHMENT D
Subgrantee Disclosure
Conservation 2000
1. Name:
Address:
City, St.,Zip:
Phone:
Services to be Performed
Amount to be paid$
FEIN/SSN
2. Name:
Address:
City,St.,Zip:
Phone: 411)
Services to be Performed
Amount to be paid$
FEIN/SSN
3. Name:
Address:
City, St.,Zip:
Phone:
Services to be Performed
Amount to be paid$ 41)
FEIN/SSN
• y OF Etc L
Agenda Item No.
City of Elgin
i 1111
July 9, 1999
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Eagle Heights Park Tyler Creek Bank Stabilization
Grant
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to enter into an
agreement with the Illinois Department of Natural Resources
(IDNR) for grant funding totaling $35, 160 to perform a second
phase of stream bank stabilization for Tyler Creek within
Eagle Heights Park.
BACKGROUND
The City Council approved the application submittal to the
IDNR for a Conservation 2000 grant to perform stream bank
restoration of Tyler Creek in Eagle Heights Park. The grant
was awarded in the amount of $35, 160 . The project will be
cooperatively coordinated between the City, Friends of Tyler
Creek, Openlands Project and Eagle Heights Residents Associa-
tion.
This Phase Two project will effectively provide vertical
channel stability and positively impact habitat by utilizing
a combined approach of bio-engineering and riffle pool struc-
tures . Six riffle-pool structures will be installed over
1, 260 feet of stream length on Tyler Creek as it passes
through Eagle Heights Park. Phase One was completed in 1997
and consisted of the installation of lunkers boxes and ajax
structures . The cost for Phase I of the project was $15, 000
plus staff time . The $15, 000 was funded by a grant from the
Department of Soil and Water Conservation.
The project includes the hiring of a consultant to design,
permit and monitor the project . Assistance will be provided
by personnel from the Illinois Water Survey to examine the
site and aid in the design.
The total project is estimated to cost $56, 940 . The IDNR
grant totals $35, 160 and the City will fund the remaining
$21, 780 from the Neighborhood Park Improvement Fund. At-
tached is a copy of the project budget .
Eagle Heights Park
July 9, 1999
Page 2
The tentative project schedule is currently for the Fall of
1999 . The IDNR is performing survey work for all aquatic
grant projects . The IDNR is coordinating and funding the
survey project, however, has estimated delays in initiating
the projects until Fall 1999 or Spring 2000 .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Parks and Recreation Advisory Board, Friends of Tyler Creek
and the Illinois Department of Natural Resources .
FINANCIAL IMPACT
The total project is estimated to cost $56, 940 . The IDNR
grant totals $35, 160 and the City will fund the remaining
$21, 780 from the Neighborhood Park Improvement Fund; account
number 275-0000-791 . 92-32, project number 22950I .
LEGAL IMPACT
None .
ALTERNATIVES
Option 1 is to enter into an agreement with the IDNR for
grant funding totaling $35, 160 for the Tyler Creek stream
efliw bank stabilization in Eagle Heights Park.
Option 2 is to not enter into an agreement with the IDNR.
RECOMMENDATION
It is recommended that the City Council approve Option 1 to
enter into an agreement with the IDNR for grant funding
totaling $35, 160 for the Tyler Creek stream bank stabiliza-
tion in Eagle Heights Park.
Respectfully submitted,
Joyce A. Parker
City Manager
mm/MM
Page 2
Attachment C
Ecosystem Project Scope of Work
6. PROJECT BUDGET:
Personnel: 4 people x 96 hours x$17.00 per hr. $ 6,528*
1 supervisor x 96 x $23.00 per hr. $ 2,208
2 personnel x 24 hours x $17.00 per hr. $ 544
(City union skilled workers)
Equipment Requirement
for construction of
Riffle structures
Loader/backhoe 2 x 12 days x $500 per day $10,000*
Site work& tree 1 x 1 day x $500 $ 500*
Supplies Granite (1260 In. ft.) $20,160
Landscape Topsoil $ 500
restoration Grass Seed $ 250
Erosion Control Blanket $ 500
Fine Grading 1 x 1 day $ 500
Snow fencing for traffic control $ 250
Consultant design, permits, monitoring $15,000
Total Project Cost $56,940
(Matching Funds) ($21,780*)
TOTAL C2000 FUNDS REQUESTED $35,160
eagleeco.1298