02-337 Resolution No. 02-337
RESOLUTION
RATIFYING AND APPROVING A GRANT AGREEMENT WITH THE
DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS
FOR THE ACQUISITION, REMEDIATION AND REDEVELOPMENT OF THE
ELGIN SALVAGE PROPERTY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that it hereby ratifies and approves the execution by
Ed Schock, Mayor, and Dolonna Mecum, City Clerk, of a grant
agreement with the Department of Commerce and Community Affairs
for a grant for the acquisition, remediation and redevelopment of
the Elgin Salvage property, a copy of which is attached hereto
and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: October 9, 2002
Adopted: October 9, 2002
Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
C it of E I I n Agenda Item No.
v g
ITEM IS ON BOTH AGENDAS h
October 4 , 2002
ECONOMIC GROWTH
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Approval of a $4 . 85M DCCA Grant Agreement
PURPOSE
The purpose of this memorandum is to present the Mayor and
members of the City Council a contract from the Department of
Commerce and Community Affairs (DCCA) of the State of Illinois
• in the amount of $4 , 850, 000 .
BACKGROUND
As of result of the efforts of the City' s State Legislative
Representative, money was allocated through DCCA for the
purchase, remediation and redevelopment of the Elgin Salvage
yard site . With the purchase of the salvage yard site, the City
will be able to assemble a twenty (20) acre site along the Fox
River for residential redevelopment purposes .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Redevelopment of the Elgin Salvage yard site is included within
the Riverfront/Center City Master Plan.
NANCIAL IMPACT
Grant funds will total $4 . 85 million and assist in reducing
reliance on City funding for the project .
EGAL IMPACT
None.
• DCCA Grant
October 4, 2002
Page 2
ALTERNATIVES
1 .. Choose to accept the funds and enter into a grant . agreement
with DCCA.
2 . Choose not to accept the funds .
RECOMMENDATION
It is recommended that the City Council approve the contract and
enter into an agreement with DCCA for a $4 . 85M grant which will
provide for the purchase, remediation and redevelopment of the
Elgin Salvage yard site .
Respectfully submitted,
Olufemi Fo a n
• Interim y Manager
RHM:cm
•
0- 4
• Resolution No. 02-337
RESOLUTION
RATIFYING AND APPROVING A GRANT AGREEMENT WITH THE
DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS
FOR THE ACQUISITION, REMEDIATION AND REDEVELOPMENT OF THE
ELGIN SALVAGE PROPERTY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that it hereby ratifies and approves the execution by Ed
Schock, Mayor, and Dolonna Mecum, City Clerk, of a grant agreement
with the Department of Commerce and Community Affairs for a grant
for the acquisition, remediation and redevelopment of the Elgin
Salvage property, a copy of which is attached hereto and made a
part hereof by reference.
Ed Schock, Mayor
Presented: October 9, 2002
Adopted:
Vote : Yeas Nays :
Recorded:
• Attest :
Dolonna Mecum, City Clerk
•
Oct-02-2001 03:58pm From-DCCA IL FIRST 217-557-9883 T-13T P-005/028 F-429
STATE OF ILLINOIS
• DEPARTMENT OF COMMERCE AND COMMUNITY, AFFAIRS
Notice of Grant Award No. 02-121278
LEGISLATIVE ADD ONS -
This Grant Agreement (hereinafter referred to as the "Agreement")
is entered into between the Illinois Department of C:omnirce and
Community Affairs (hereinafter referred to as the "r)epartment") and
City of Elgin
(hereinafter referred to as the "Grantee) " . Subject to i:erms and
conditions of this Agreement, the Department agrees to provide a
Grant in an amount not to exceed $4,850, 000.00 to the Grantee.
Subject to the execution of this Agreement by both parties,
the Grantee is hereby authorized to incur costs against this
Agreement from the beginning date of 06/01/2002 throu9h the ending
date of 05/31/2004 . The Grantee hereby agrees to use th,: funds
provided under the Agreement for the purposes set forth herein and
agrees to comply with all terms of this Agreement.
This Agreement includes the following sections, all of which are
incorporated into and made part of this Agreement:
Part.
I . Budget
6II . Special Grant Conditions
II. Scope of Work
IV. Program Terms and Conditions
V. General provisions
VI. Required Certifications
Under penalties of perjury, the undersigned certifi,as that the name,
taxpayer information number and legal status listed below are correct.
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
busineas 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 FIN.
Name: City of Elgin
Taxpayer- Identification Number:
SSN/EIN: 366005862
010/02/2002 16 :4 2 2 .2 1
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• Legal Status (check one) :
Individual _�_C Government entity
Owner-of sole proprietorship Nonresident alien individual
Partnership Estate or legal trust
Tax-exempt hospital or Foreign corporation
extended care facility partnership estate or trust
corporation providing or Other - not-for-profit
billing medical and/or organization:
health care services
Corporation NOT providing or Ot er:
billing medical and/or
health care services
The Grantee acknowledges that the individual signing below is authorized
to execute this Agreement and that such signature constitutes the
acceptance of this Agreement.
Attest Smart s� " � ` `�j1d
GRANTEE: Loni Mecum
City of Elgin City Clerk
8y:
Ed Schock, Mayor
( gnat Tr-6 Print or Type
STATE OF . ILLINOIS DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS
By:
Pam McDonough, Director Date
Grantee Address: Please indicate any changes below
150 Dexter Court
Elgin, IL 60124.-5555
Auth Signator: Ed Schock
Phone: (847) 931 - 5930
The following is designated as administrator for the, Grantee:
Raymond H. Moller
Director of Economic Development
Auth Signator:
Phone: (81�ZT Q�1_�7i;o
• 10/02/2002 16 :42 :22 - 2 -
Oct-02-2002 03:59pn FrwDCCA IL FIRST 217-557-9803 T-137 P.007/029 F-429
PART I
BUDGET
02.121278
Budget Item State Grant
Land Purchase $2,000,000
Site Preparation/Demolition $2,850,000
Total 14,850,000
•
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• PART II-A1
SPECIAL GRANT CONDITIONS
` (GOVERNMENTAL ENTITIES)
(Advanced)
2.1 AUpIT REQU E Em NTS•
The grantee is required to have an audit conducted as provided in Part V,
Section 5.4C, Audit Requirements. The audit must include a Revenue
(Receipt) and Expenditure Statement comparing budgeted amounts with
actual for this grant. The audit must also Include a compliance component
which covers, at a minimum, the following items:
• did the Grantee complete the activities described in the Scope of Work
(Part 111) within the Grant Term
• did the Grantee obtain prior written approvals fro,n the Department for
material changes from the performance of the activities described in the
Scope of Work (Part III)
• did the Grantee expend grant funds within the grant period specified in the
Notice of Grant Award
. • did the Grantee adhere to the grant Budget (Part 1); if not, variances
should be identified
• did the Grantee obtain prior written approvals from the Department for any
material variances in its expenditure of grant funds
• did the Grantee adequately account for receipts anti expenditures of grant
funds
• If applicable, did the Grantee return grant funds to the Department in
accordance with the provisions of the Grant Agreement
• are amounts reported in the Grantee's close-out p;ickage traceable to its
general ledger
The Grantee is not required to have an audit conducted as a condition of this
Grant Agreement; however, if the Grantee receives during the term of thin
Grant Agreement (or has previously received), additional grants from the State
of Illinois for the project described in Part Ill hereof. the Department may
require the Grantee to have an audit conducted a!, provided.in Part V, Section
5.4C(a)(iv) hereof.
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• 2.2 PRO ECTS REQUIRING EXTERNAL SIGN-OFFS.
(a) Pursuant to applicable statute(s), this grant require: sigh-off by the following
State agency(ies). The status of the sign-off Is Indicated as of the date the grant Is
sent to the Grantee for execution:
AGENCY SIGN-OFF SIGN-OFF
RECEIVED OUTSTANDING
It Illinois Historic Preservation Agency Al
Illinois Dept. of Agriculture
Illinois Dept. of Natural Resources
NONE APPLICABLE
While any external sign-off is outstanding, the provisions of Exhibit 1 apply with respect
to the disbursement-of funds under this grant.
NOTE: The fact that a sign-off has been received in no way relieves the Grantee of Its
obligation to comply with any conditions or requirements conveyed by the applicable
agency(les) in conjunction with the issuance of the sign-off for the project funded
under this Agreement.
(b) For projects subject to review by the Illinois Environmental Protection Agency, the
Grantee must, prior to construction, obtain a construction permit or "authorization to
construct" from the IEPA pursuant to the provisions of the Environmental Protection Act,
415 I LCS 5/1 et seq.
2.3 PAYMgNT PROVISIONS: _PRIOR INCURRED COMI. The Department shall
authorize the State Comptroller's Office to disburse payment of the grant funds as
follows:
100- percent ( 100 °Jo) of the grant award will be authorized for disbursement upon
the Department's execution of this Agreement. If. the amount set forth herein is less
than 10017o of.the grant.award, the disbursement schedule for the balance of the grant
award is attached hereto as Exhibit 3.
If external sign-offs are indicated in Section 2.2, above, disbursement of grant funds
(whether advance or scheduled) are subject to the restrictions set forth in Exhibit 1.
Upon receipt of all required sign-offs, the Department's Accounting Division will be _
notified to disburse grant funds in accordance with the disbursement method indicated
herein.
Note: The Department reserves the right to adjust the disbursement schedule set forth
above. Reimbursement of costs incurred by the Grantee prior to the Beginning Date
specified in the Notice of Grant Award requires the approval of the Department. Such
costs must be clearly identified in Part I hereof.
2.4 PROJECT COMPLETION DATE. The Project Completion Date for this Grant is as
indicated below:
•
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• v
I` Notwithstanding the end date stated in the Notice of Grant Award, the project
shall be deemed complete when all activities described in Part III hereof have
been fully performed and grant funds have been expend.:d or legally obligated
by the Grantee for such activities pursuant to Parts I and III hereof. Grantee
shall notify the Department of the Project Completion Date through the
submittal of a letter to the Grant manager stating the Project Completion
Date.
The Project Completion Date for this Grant is the end date stated in the Notice
of Grant Award.
2.5 REPP RTIN BKQUIREMENTS. In addition to any other documents specified in
this Agreement, the Grantee must submit the following reports and information in
accordance with the provisions hereof.
(a) Status/Expense Reports. Grantee shall submit status/expense reports as
indicated below.
Qua tgrly Expense Reports: The Grantee shall submit Quarterly Expense
Reports in the format provided by the Department-. Reports shall be
submitted quarterly through the Project Completion Date, except where
Grantee is directed otherwise in the Close-out Package Instructions.
• (b) Close-out Package. The Close-out Package described in Section 5.4 hereof is due
45 days following the end date stated in the Notice of Grant Award. Grantee shall
submit the Close-out Package (consisting of a Final Status Report, a Final Expense
Report, and a Close-out Report) in the format provided by the Department. This
package shall summarize expenditure of the grant funds and activities completed during
the grant term. The Grantee's failure to comply with the Close-out requirements set
forth herein and in Section 5.4 shall be considered a material breech of the performance
required by this Agreement.and may be the basis to initiate proceedings to recover all
funds disbursed to the Grantee.
(c) A itional Information. Upon request by the Department, the Grantee shall,
within 10 business days of its receipt of such a request submit additional written
reports regarding the Project, including, but not limited to, materials sufficient to
document information provided by the Grantee.
(d) Submittal of Reports. Submittal of reports and documentation required under
Section 2.5 should be submitted to the individual identified in Exhibit 2 hereto.
2.6 FUNDING LIMITATIONS/RESTRICTIONS.C_ The Grantee hereby expressly
acknowledges and agrees to the following provisions:
(a) The grant awarded pursuant to this Agreement is a one-time award. The State is
not obligated to provide funding in subsequent State of Illinois fiscal years for the
project funded by this grant.
Oct-02-2002 04:01pm from-DCCA IL FIRST 217-557-9883 T-137 P.011/028 F-429
• b Funding provided under this Agreement shall not be used to perform or to further
( ) n li; p 8 P
the performance of sectarian activities.
(c) Without the express written consent of the Department, no grant funds nor property
purchased with grant funds may be disbursed or conveyed respectively, to, on behalf of,
or for the benefit of, any registered lobbyist or family member of such lobbyist, as the
term is defined in the Lobbyist Registration Act (25 ILCS 170/1
2.7 OPPORTUNITIES FOR MINORITY, FEMALE AND DISABLED PERSON. Grantee_
shall use good faith efforts to recruit, develop and extend employment and contracting
opportunities to women, minorities, and disabled persons from funds received under
this grant. Nothing herein shall be deemed to modify or negate'any requirement of the
Business Enterprise for Minorities, Females and Persons with Disabilities Act (30 ILLS
575/1) or any other provision of this Grant Agreement.
2.8 MULTIPLE: GRANT AWARDS. If the Grantee was previously awarded a grant by
the Department to fund the project described in Part III hereof, the Department may,
pursuant to Section 5.7(c), unilaterally revise Parts I and III of the previously executed
Grant Agreement to accurately reflect all project activities and the multiple funding
sources therefor. If the Grantee receives additional grants to fund the project
described in Part III hereof subsequent to the execution of this Agreement, Parts' I and
III for said grant(s) will be developed to reflect all project activities and the multiple
• funding sources therefor.
2.9 FUNDING ACKNOWLEDEMENT. If requested by the. Dep.srtment, the Grantee
shall post signs at the project site or affix signs/decals to- equipment purchased with
grant funds, which.acknowledge the State as providing funds for the project. Signs not
provided by the Department must be approved by the Department prior to posting.
2.10 JERMINATION FOR CAUSE. Grantee's failure to comply with any of the terms
set forth in this Grant Agreement, shall be a sufficient basis to suspend or terminate this
Agreement and seek recovery of all grant funds disbursed to the Grantee. A failure to
comply with the terms of this Grant Agreement shall also be a sufficient basis to
suspend or terminate any other grant(s) issued to the Grantee by the Department and
to reject future grant requests for the Grantee.
2.11 FEDERAL, STATE AND LOCAL LAWS: TAX LIA L S; STATE A ENCY
DELIN,f,, WENCIES. The Grantee is required to comply with all federal, state and local
laws, including,but not limited to the filing of any and all applicable tax returns. In the
event that a Grantee is delinquent in filing and/or paying any federal, state and/or local
taxes, the Department shall disburse grant funds only if the Grantee enters into an
installment payment agreement with said tax authority and remains in good standing
therewith. Grantee is required to tender a copy of any such installment payment
agreement to the Department. In no event may Grantee utilize grant funds to discharge
outstanding tax liabilities or other debts owed.to any governmentiil unit. The execution
of this Grant Agreement by the Grantee is its certification that (i) it Is current as to the
filing and payment of any federal, state and/or local taxes applicable to Grantee; and
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• (ii) it is not delinquent in Its payment of moneys owed to any federal, state, or local
unit of government.
THE UNDERSIGNED IS AUTHORIZED ON BEHALF OF GRANTEE TO, AND HEREBY DOES,
SPECIFICALLY ACKNOWLEDGE AND AGREE To COMPLY WITH ALI_ SPECIAL GRANT
CONDITIONS REFERENCED HEREIN,
BY:
TITLE: Ax T 62
DATE: /D 3 O �'
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• PART Ili
SCOPE OF WORK
02-121278
Section 1. Public Benefit
The Grantee is a governmental entity serving a population of 97,001) residents. In the
Spring of 2002, the Grantee adopted a Riverfront/Center City Mastor Plan. The plan
Identifies specific recommendations for the physical and economic revitalization of the
Fox River and Center City, The Plan states that residential development integrated
within the Center City and the offering of diverse housing choices will be essential to
building a customer base for downtown retailers.
Grant funds will be expended to purchase, remediate and redevelop a 7.21 acre parcel
of property located on the east bank of the Fox River in Elgin's Center City as part of the
residential redevelopment project. The salvage site is currently improved with five
industrial type buildings, several of-which are storage sheds; one larger, older masonry
constructed warehouse and office building; and a garage building. The Grantee owns
the parcels of property to the north and south of the salvage yard. With the acquisition of
the salvage yard site, the Grantee will be able to assemble a 20 acre parcel of property
for redevelopment. Numerous residential developers have expressed interest in the site
for development when a complete and contiguous collection or property is available. The
• remediation, which includes site preparation and demolition, will include but not be
_limited to the demolition of the five buildings, environmental testing and potentially
significant site remediation, final site-preparation for residential recevelopment and river
front access. No other funding is required for this project.
Completion of this project will beautify the riverfront, aid economic redevelopment of the
Center City District and.provide remediation of Brownfield'sites.
Section 2. Grant Tasks
The Grantee agrees to comply with the following:
(a) The Grantee shall utilize grant funds in accordance with Part I.(Budget) to
complete the activities/performance described in Section 1, above, The Grantee
shall provide any additional funds, or secure commitments therefor, which are
necessary to complete the specified activities/performance (luring the grant term
set forth in the Notice of Grant Award.
(b) . The Grantee shall execute all agreements necessary to complete the
activities/performance described in Section 1, above, including, but not limited
to, purchase/sales contracts for real and/or personal property, leases,
easements, loans, financing agreements, grant agreements, operating
agreements, etc., during the grant term specified in the Notice of Grant Award.
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• (c) The Grantee shall obtain all authorization necessary to complete the
activities/performance described in Section 1, above, including, but not limited
to, municipal ordinances, permits, variances, other approval- etc., during the
grant term specified in the Notice of Grant Award.
(d) The Grantee shall notify the Departmental grant manager in writing no
later than 10 days after it becomes aware of any events/circumstances that will
result In substantial delays or may substantially impair the Grantee's ability to
complete the activities/performance described in Section 1, above, during the
grant term specified in the Notice of Grant Award.
(e) The Grantee shall provide to the Department additional information
relative to its compliance with the provisions set forth in sub iections (a) through
(d), above, pursuant to Part II, "Additional Information."
(f) In addition to the requirements of Part V, Section 5AA), the Grantee shall
maintain in its file, and make available to the Department upon request therefor,
copies of documentation, correspondence, agreements, etc., evidencing
compliance with the requirements of subsections (a) through (d), above.
•
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• EXHIBIT 1
The Project described in Part III and funded under this Grant Agreement, is subject to
review by the external agency(ies) indicated in Section 2.2 hereof. Grantee must comply
with requirements established by said agency(ies) relative io thf!ir respective reviews.
Any requirements communicated to the Department shall be Incorporated into this
Agreement as follows: (1) as an attachment to this Exhibit 1 at the time of grant
execution; or (ii) if received from the applicable agency(ies) subsequent to execution,
as an addendum to this Agreement. The Grantee is contractually obligated to comply
with such requirements.
Grantee is responsible for coordinating directly with the applicable external agency(ies)
relative to said reviews. Except as specifically provided below, the Department's
obligation to disburse funds under this Grant Agreement is contingent upon notification
by the applicable agency(ies) that all requirements applicable to the Project have been
satisfied. Upon receipt of said notification, disbursement of the grant funds shall be
authorized in accordance with the provisions of Section 2.3 hereof.
Prior to notification of compliance by the applicable external age►ncy(ies), the Grantee
may request disbursement of funds only for the following purposes: administrative,
contractual, legal, engineering, or architectural costs incurred which are necessary to
allow for compliance by the Grantee of requirements established by the external
agency(ies). FUNDS WILL NOT BE DISBURSED FOR LAND At;QUISITION OR ANY
• TYPE OF CONSTRUCTION OR OTHER ACTIVITY WHICH PHYSICALLY IMPACTS THE
PROJECT SITE PRIOR TO RECEIPT BY THE DEPARTMENT OF THE REQUIRED
NOTIFICATION FROM ALL APPLICABLE AGENCIES.
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• PART IV
TERMS AND CONDITIONS GOVERNING GRANT
(Governmental Entities)
4.1 APPLICABLE TIME LIMITATIONS.
(i) Completion of Performance. All activities described in Part III hereof, which are
chargeable to grant funds provided by this Agreement, must be completed by the grant
.period end date set forth in the Notice of Grant Award.
(11) Expenditure of Grant Funds. All grant funds provided under this Agreement must
be expended or legally obligated by the grant end date set forth in the Notice of Grant
Award. Grant funds not expended by the grant end date muit be returned to the
Department in accordance with directions provided by the Department.
4,2 INTEREST ON GRANT FUNDS. The Grantee may be allowed to retain interest
earned on grant funds awarded under this Agreement, provided that:
(i) All interest earned must be accounted for and reported to the Department in the
Grantee Close-Out Package described in Section 5.4(B) herein; and
(II) Interest may only be expended for activities which are identified in Parts I and III
hereof.
4.3 REFUNDS TO THE DEPARTMENT. Any refunds (unliquidated grant balance,
interest earned on grant funds, or ineligible/improper grant (txpenditures) due the
Department shall be remitted by the Grantee upon demand and pursuant to instructions
issued by the Department.
4.4 BUDGET/SCOPE OF WORK MODIFICATIONS.
(1) .Grant Budget (Part 1). The Grantee must obtain prior written approval from the
Department for any expenditures which materially vary from the e>penditures set forth in
Part I hereof. For purposes of this Agreement, "materially vary' means any variance
within the line items set forth in Part I which exceeds 10%, of the amount established
for that line item or any line item added or substituted for a line itiam in Part I hereof.
(ii) Scope of.Work (Part III). The Grantee must obtain prior written approval from
the Department before changing any of the activities specified in Part III which are
chargeable to this grant. Any revision to Part III which re->ults in the performance of
activities by the Grantee which are inconsistent with the purpose set forth in the
Appropriation authorizing the grant awarded under this Agreement are not permissible.
4.5 EISCAL RECORDING/REPORTING REQUIREMENTS, The Grantee is accountable
for all funds disbursed under this grant. The Grantee's financial management system
shall be structured to provide for accurate, current, and .:omp•lete disclosure of the
expenditure of all funds provided under this Agreement. 'rhe Grantee shall maintain
effective control and accountability over all funds disbursed and equipment, property, or
•
Oct-02-2002 04:04pm FrwDCCA IL FIRST 217-55T-9883 T-137 P-017/028 F-429
other assets acquired with grant funds. The Grantee shall keen, records sufficient to
permit the tracing of funds to a level of expenditure adequate to ,nsure that funds have
been expended in accordance with the terms of this Agreement.
4.6 GRANT DI_LIVERABLES. The Grantee will submit the following Grant deliverables
in accordance with the Grant Agreement provisions referenced hendn:
(i) Project Status and Expense Reports, if applicable (Section 2.5)
(ii) Financial Close-out Package (Section 5.46); and
(iii)Audit (if applicable)(Section 2.2 and Section 5.4C).
4.7 PRQQWREMENT OF CONSTRUCTION AND PROFESSIONAL SERVICES:
ACQUISITION OF EQUIPMENT OR LAND, The Grantee shell procure all construction
and professional services, and acquire land, equipment and materials financed in whole
or in part with grant funds provided hereunder, through written, contractual
agreement(s), which specify the rights and obligations of both parties relevant to the
specified transaction.
4.8 DUE.DILI ENCE IN EXPENDITURE OFFUN_DS_, Grantee shall ensure that grant
funds are expended in accordance with the following principles-
fl) Grant expenditures should be made in accordance with generally accepted sound
• business practices, arms length bargaining, applicable Federal and State laws and
regulations, and the terms and conditions of this Agreement;
(ii) Grant expenditures should not exceed the amount which would be incurred by a
prudent person under the circumstances prevailing at the time the decision is made to
incur the costs; and
(ili) Grant expenditures should be consistent with generally accepted accounting
principles.
•
Oct-02-2002 04:05pm Fro-DCCA IL FIRST 217-557-9883 T-137 P-018/028 F-429
s
• PART V
GENERAL PROVISIONS
5.1 GRANTU AWTHORITY; INDEPENDENCE 0E GRANTEE PERSONNEL: GRANTOR
AUTI{ORIJY: GOV9LININ9 LAW.
A. Graotee At orltY. The Grantee warrants that it is the real party in interest to this
Agreement, that it is not acting for or on behalf of an undisclosed party, and that it possesses
legal authority to apply for this grant and to execute the propo!;ed program or project
described in Part III hereof. Grantee's execution of this Agreement shall serve as its
attestation that Grantee has read, understands and agrees to all provisions of this Agreement
and to be bound thereby. Grantee further acknowledges that the individual executing this
agreement is authorized to do so on Grantee's behalf.
B. aide ep ndence of Grantee Personnel. All technical, clericai, and other personnel
necessary for the performance required by this Agreement shall be omployed, or contracted
with, by Grantee, and shall in all respects be subject to the rules and regulations of Grantee
governing its employees. Neither Grantee nor its personnel snail be considered to be the
agents or employees of the Department.
C. Grantor Authority, The Department and its payroll employees, when acting pursuant to
this Agreement, are acting as State officials in their official capacity .ind not personally or.as
the agents of others.
• D. Governing Law. This Grant is awarded in tfie State of Illinois for execution within the
State of Illinois. This Agreement shall be governed by and construed according to Illinois law
as that law would be interpreted by an Illinois Court, Where there is no Illinois law on a
particular subject or Issue, then the applicable law will be applied as it would be If interpreted
and applied by an Illinois court.
5,2 SCOPE OF WQRK. In consideration for the grant funds to be provided by the
Department, the Grantee agrees to perform the project described in Part III hereof and to
prepare and submit to the Department the reports and other deliverables described in this
Agreement.
5.3 FISCAL RESPONSIBILITIES,
A. HoIg Appropriation Clause. Payments pursuant to this Agreement are subject to the
availability of applicable Federal and State funding from the Department and their
appropriation and authorized expenditure under state law. Obligations of the State will cease
immediately without penalty or liability of further payment being required if in any fiscal year
that this Agreement is in effect the Illinois General Assembly or Federal funding source fails to
appropriate or otherwise make available sufficient funds for this grant.
The Grantee hereby is given actual knowledge of the fact that pursuant to the State Finance
Act, 30 ILCS 105/30, payments under this grant are contingent upon there existing a valid
appropriation therefor and that no officer shall contract any indebtedness on behalf,of the
State, or assume to bind the State in an amount in excess of thEi money appropriated, unless
•
Oct-02-2002 04:05Pm F rwDCCA IL FIRST 217-557-9883 T-137 P.019/028 F-429
' l ~
expressly authorized by law. If this is a multi-year grant, It Is void uy operation of law If the
Department fails to obtain the requisite appropriation to pay the giant in any year in which
this Agreement is in effect.
R. Total Amount of Grant Limited, The Grantee expressly understands and agrees that the
total financial obligation of the Department under this Agreement shall not exceed the total
grant amount set forth on the Notice of Grant Award and the Grantee agrees expressly to fully
complete the Scope of Work specified in this Agreement and all other obligations under this
Agreement within the stated total consideration.
C. Delivery of Grantee-Payments, Payment to the Grantee under this Agreement shall be
made payable in the name of the Grantee and sent to the person and place specified in the
Notice of Grant Award. The Grantee may change the person to whom payments are sent, or
the place to which payments are -sent by written notice to the Dt:partment signed by the
Grantee. No such change or payment notice shall be binding upon the Department until ten
(10) business days after actual receipt.
5.4 RECORDS RETEtITION AND ACCESS TO RECORDS: PROJECT CLOSEOUT:
ACCOUNTING: AND AUDIT REOUIREMENTS.
A. Records Retention. The Grantee is accountable for all funds received under this
Agreement and shall maintain, for a minimum of three (3) yetars following the later of the
expiration or termination of this Agreement, adequate books, records, and supporting
documents to verify the amount, recipients and uses of all disbursements of funds passing in
• conjunction with this Agreement. This Agreement and all books, records and supporting
documents related hereto.shall be available for inspection and audit by the Department, the
Auditor General of the State of Illinois, or any of their duly authorized representatives, and the
Grantee agrees to cooperate fully with any audit conducted toy this Auditor General or the
Department. Grantee agrees to provide full access to all relevant materials and to provide
copies of same upon request. Failure to maintain books, records and supporting documents
required by this Section 5.4 shall establish a presumption in favor of the Department for the
recovery of any funds paid by the Department under this Agreement for which adequate
books, records and supporting documentation are not available to support their purported
disbursement.
.If any of the services to be performed under this Agreement are sucocontracted, the Grantee
shall Include in all subcontracts covering such services, a provision that the Department and
the Auditor General of the State of Illinois, or any of their duly authorized representatives, will
have full access to and the right to examine any pertinent books, documents, papers and
records of any such subcontractor involving transactions related to this Agreement.for a
period of three (3)years from the later of the expiration or termination of this Agreement.
B. Grant Closeout. In addition to any other reporting requirements specified in this
Agreement, the Grantee shall complete and submit a final Grant Closeout Package on forms
provided by the Department, within time limits established by the Department, after the
expiration or termination of this Agreement. The Grantee must report on the expenditure of
grant funds provided by the State, and if applicable, the Grantee's required matching funds.
The Grantee is responsible for taking the necessary steps to correct c,,ny deficiencies disclosed
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• by such Grant Closeout Package, including such action as the Department, based on its review
of the Grant Closeout Package, may direct.
In accordance with the Illinois Grant Funds Recovery Act, 30 11-CS 705/1 et seq., the Grantee
must, within 45 days of the expiration or termination of this Agreement, refund to the
Department, any balance of funds which is unobligated at the end of the Grant term specified
in the Notice of Grant Award. For purposes of preparation of grant closeout forms, the
determination of allowable expenditures and excess grant funds shall be based on the premise
that the total Grantee compensation under this Agreement shall not exceed the amount
specified in the Notice of Grant Award.
C. A,Mj Requirements. If required by Part II of this Grant Agreement, the Grantee shall be
required to have an audit conducted in accordance with the following terms:
a. State Audit Requirements:
(i) The audit shall be conducted by a certified public accountant who is licensed by
the State of Illinois to conduct an audit in accordance with Generally Accepted
Auditing Standards.
(ii) Grant funds shall be included in the Grantee's annual audit, unless the
Department authorizes the Grantee to have a grant•specific audit conducted.
(iii) Upon completion of an audit, an audit report shall be issued and the Grantee
• shall provide the Department with a copy of such audit report.
(iv) The Grantee shall provide the Department with a copy of an audit report within 30
days of the Grantee's receipt of such audit report, but in Rio event later than nine
months following the end of the period for which the audit was performed. The
Grantee shall send the audit report to the Department at the following address:
Illinois Department of Commerce and Community Affairs
Division of Audits
620 Past Adams
Springfield, IL 62701
D. Worker's Compensation Insurance, Social Security. Betirernwit and Health Insuran -e
Benefits, and Taxes. The Grantee shall provide Worker's Compensation insurance where the
same is required and shall accept full responsibility for th.: payment of unemployment
insurance, premiums for Workers' Compensation, Social Security and retirement and health
insurance benefits, as well as all income tax deduction and any other taxes or payroll
deductions required by law for its employees who are performing :;ervices specified by this
Agreement,
5.5 TgRMINATION: SUSPENSION.
A. This Agreement may be terminated as follows:
Oct-02-2002 04:07pm From—DCCA IL FIRST 217-557-9883 T-137 P.021/028 F-429
• 1. due to Loss of Funding. 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 availabl,! sufficient funds for this
Agreement. In the event the Department suffers such a loss of funding in full or in part, the
Department shall give the Grantee written notice which shall set forth the effective date of full
or partial termination, or if a change in funding is required, setting forth the change in funding
and the changes In the approved budget.
2. For Cause. If the Department determines that the Grantee has failed to comply with
any of the terms, conditions or provisions of this Agreement, or any other Agreement executed
by the Department and the Grantee, including any 'applicable rules or regulations, the
Department may terminate this Agreement in whole or in part at any time before the
expiration date of this Agreement. The Department shall notify the +grantee in writing of the
reasons for the termination and the effective date of the termination. Grantee shall not Incur
any costs after the effective date of the termination. Payments made to the Grantee or
recovery by the Department shall be in accord with the legal rights and liabilities of the
parties.
In the event of termination for cause, Grantee shall also be sulnject to any other applicable
provisions specified elsewhere in this Agreement.
Termination for cause may render the Grantee ineligible for considE-ration for future grants
from the Department.
• 3. For Convenience. The Department or the Grantee may terminate this Agreement in
whole or in part when the Department and the Grantee agree that com.inuation of the program
objectives would not produce beneficial results commensurate with the further expenditure of
funds. The Department and the Grantee shall agree upon termination conditions including the
effective date and, in the case of partial termination, the portion co be terminated. The
Grantee shall not incur new obligations for the terminated portion after the effective date, and
shall cancel as many outstanding obligations as possible. They Department shall allow full
credit to the Grantee for the Department's share of the non-cancellea obligations, if properly
incurred by the Grantee prior to termination.
B. Suspension. If the Grantee fails to comply with the specific conditions and/or general
terms and conditions of this Agreement, the Department may, aftE:r written notice to the
Grantee, suspend this Agreement, withhold further payments and prohibit the Grantee from
incurring additional obligations of grant funds, pending corrective avion by the Grantee or a
decision to terminate this Agreement. Department may determine to allow such necessary
and proper costs which the Grantee could not reasonably avoid during the period of
suspension provided that the Department agrees that such costs were necessary and
reasonable and incurred in accordance with the provisions of this Agreement.
Section 5.6 jdpE[1�j�j[�ICATION.
A. Non-governmental entities. The Grantee agrees to indemnify and hold the Department
and/or the State of Illinois, and its officers, agents,.or employees harmless from and against
any and all claims, and actions, including but not limited to, attorneys' fees, costs and
•
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• interest, based upon and arising out of any services performed under this Agreement by the
Grantee and its officers, employees, agents, . independent contractors, subcontractors,
subrecipients, volunteers, or other associates. The Grantee shaall further indemnify and hold
the Department and/or the State of Illinois and/or its officers, agents and employees
harmless from and against any and all liabilities, demands, clairns, d images, suits costs, fees
and expenses incident thereto, for Injuries or death to persons and for loss or damage to or
destruction of property because of negligence, intentional acts or emissions on the part of
Grantee, its officers, employees, agents, independent contractors, subcontractors,
subrecipients, volunteers or other associates, arising out of any services performed under this
Agreement.
The Grantee further agrees to indemnify, save and hold harmless the Department, its officers,
agents and employees against any liability, including costs and expenses associated with the
violation of general, proprietary rights, copyrights or rights of privacy of third parties arising
out of the publication, translation, reproduction, delivery, performance, use or disposition of
any data developed or furnished under this Agreement or any libelous or any unlawful matter
contained therein.
B. GaveFnMer)tal Entitles. In the event that the Grantee is a Governmental Entity, it will
indemnify and hold harmless the Department as set out herein to the extent authorized by
Federal and/or State constitutions(s) and/or laws.
C. Noticg, In the event that any demand or claim relating to the 1:ransactions or activities
pursuant to this Agreement is made known to either party, the Department and/or the
• Grantee will notify the other party to this Agreement in writing in an e>pedient manner.
5.7 MODIFICATION BY OPERATION OF LAW; DISCRETIONARY MODIFICATIONS; BUDGET
MODIFICATIONS.
A. Modifications by Operation of Law. This Agreement is subject Io such modifications as
the Department determines may be required by changes in Federal or State law or regulations
applicable to this Agreement. Any such required modification shall be Encorporated into and
be part of this Agreement as if fully set forth herein. The Department shall timely notify the
Grantee of any pending Implementation of or proposed amendment to such regulations of
which it has notice.
S. Budget Modifications. Budget modifications shall be made in accordance with any
applicable provisions as specified elsewhere in this Agreement.
C. Discretionary_Modifications. If either the Department or the Grantee wishes to modify
the terms of this Agreement other than as set forth in Sections A ano B.above, written notice
of the proposed modification must be given to the other party. No modification will take effect
until it is agreed to in writing by both the Department and the Grzintee, except that if the
Department notifies the Grantee in writing of a proposed modification without the prior written
approval of the Grantee, failure of the Grantee to object in writing, specifying the reasons for
the objections, within thirty (30) calendar days from the date of the Department's notice to the
Grantee of such proposed modification, the modification will be deemed to be approved by the
Grantee. The Department's notice to the Grantee shall contain the Grantee name, Grant
Oct-02-2002 04:08pm Frew-OCCA IL FIRST 217-557-9883 T-137 P.023/028 F-429
number, modification number, purpose of the revision and signature of the Department's
director.
5.8 CONFLICT OF INTEREST: INTEREST OF PUBLIC OFFICIALS/EMPLOYEES:
RONU5/COMMIS ION PROHIBITED: HIRING OF STAIg EMPLOYEES PROHIBITED.
A. Conflict-of-Interest. The Grantee shall establish safeguards to prohibit officers, directors,
agents, employees and family members from using positions of employment for a purpose
that is, or gives the appearance of, being motivated by a desire for a private gain for
themselves or others, particularly those with whom they have family business or other ties.
Safeguards, evidenced by rules or bylaws, shall be established tc, prohibit persons from
engaging in actions which create or which appear to create a conflict of interest as described
herein or in Section 2.6 of this Agreement.
S. Interest of Public Off icials/EmpJoyees.
(i) Governmental Entity. If the Grantee is a governmental entity, the Grantee certifies
that no officer or employee of the Grantee and no member of its governing body and. no other
public official of the locality in which the program objectives will be carried out who exercises
any functions or responsibilities in the review or approval of the undeitaking or carrying out of
such objectives shall participate in any decision relating to any contract negotiated under a
program grant which affects his/her personal interest or the interest of any corporation,
partnership or association in which he/she is directly or indirectly interested, or has ariy
financial interest, direct or indirect, in such contract or in the work to be performed under
such contract.
•
(ii) Nongovernmental Entity. If the Grantee is a nongovernmental entity, it shall comply
with the provisions of Section 2.6 hereof relative to conflict of interest.
Violations of this Section 5.8 (and 2.6 for non-governmental entities) inay result in suspension
or termination of this Agreement, and recovery of grant funds provided hereunder. Violators
may also be criminally liable under other applicable State laws and subject to actions up to
and including felony prosecution.
C, Bonus or Commission Prohibit d. The Grantee shall not pay any bonus or commission
for the purpose of obtaining the grant awarded under this Agreement.
D. Hiring State EmRJAyees Prohibited_ State officer or employee may be hired to
perform services under this Agreement, or be paid with funds derived directly or indirectly
through this grant without the written approval of the Department.
5.9 APPLICABLE STATUTES.
A. Grantee Responsibility. All applicable Federal, State and local laws, rules and
regulations governing the performance required by Grantee shall apply to this Agreement and
will be deemed to be included in this Agreement the same as thoui;h written herein in full.
Grantee-is responsible for ensuring compliance with all applicable laws, rules and regulations,
including, but not limited to those specifically referenced herein. Except where expressly
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• required by applicable laws and regulations, the Department shall not- be responsible for
monitoring Grantee's compliance.
B. Land Trust/Beneficial Disclosure Act ( 765 ILLS 405/2.1) No grant award funds shall
be paid to any trustee of a land trust, or any beneficiary or beneficiari.as of a land trust, for any
purpose relating to the land which is the subject of such trust, any interest in such land,
improvements to such land or use of such land unless an affidak-It Is first filed with the
Department identifying each beneficiary of the land trust by name and address and defining
such interest therein.
C. Historic Preservatlon Act (20 ILCS 342011 at ggg.). The grantee will not expend funds
under this Agreement which result in the destruction, alteration, renovation, transfer or sale,
or utilization of a historic property, structure or structures, or in the Introduction of visual,
audible or atmospheric elements to a historic property, structure ,)r structures, which will
result in the change in the character or use of any historic property.
D. State of Illinois Discrimi nation Laws (775 ILCS 5/1`101 et sec. . In carrying out the
performance _required under this Agreement, the Grantee shall comply with all applicable
provisions of the Illinois Human Rights Act, and rules and regulations promulgated by the
Illinois Department of Human Rights, prohibiting unlawful discrirr,ination in employment.
Grantee's failure to comply with all applicable provisions of the Illinois Human Rights Act, or
applicable rules and regulations promulgated thereunder, may result in a determination that
Grantee is ineligible for future contracts or subcontracts with the State of Illinois or any of its
political subdivisions or municipal corporations, and this Agreement may be canceled or
• volded in whole or in part, and such other sanctions or penalties may be imposed or remedies
invoked as provided by statute or regulation.
E. Drugfree Workplace Act (30 ILCS 580/1, et seg.), Grantee will make the certification
required In this Agreement and will comply with all of the provisions of the Drugfree Workplace
Act that are applicable to the Grantee. False certification or violation of the requirements of
the Drugfree Workplace Act may result in sanctions including, but not limited to, suspension
of grant payments, termination of this Agreement and debarment of contracting or grant
opportunities with the State for at least'one (1) year but not more than five (5) years.
F. Freedom of Information Act (5 ILCS 140/1 et seq. . Applications, programmatic reports
and other information obtained by the -Department under this Agreement shall be
administered pursuant to the Freedom of Information Act. The Department shall give Grantee
timely notice in the event it receives a request for information submitted by Grantee relative
to this Agreement.
G. Prevailing A�ge Act 1820 ILCS 130/0.01 et seq.). All project> for the construction of
fixed works which are financed in whole or in part with funds provided by this Grant
Agreement shall be subject to the Prevailing Wage Act (820 ILC:: 130/0.01 at seq.) unless the
provisions of that Act exempt its application. In the construction of the project, the Grantee
shall comply with the requirements of the Prevailing Wage Act, including, but not limited to,
Inserting into all contracts for such construction a stipulation to the effect that not less than
the prevailing rate of wages as applicable to the project shall be pain to all laborers, workers,
and mechanics performing work.under the contract and requiring all bonds of contractors to
•
1 -,
Oct-02-2002 04:09pm Fro-DCCA IL FIRST 217-55T-9883 T-137 P.025/028 F-429
• include a provision as will guarantee the faithful performance of such prevailing wage clause
as provided by contract.
5.10 mISCELLANEWS PROVISIONS,
A. Waivers. A waiver of any condition of this Agreement must be r.9quested in writing. No
waiver of any condition of this Agreement may be effective unless in writing from the Director
of the Department.
B. A lament. The benefits of this Agreement and the rights, duties and responsibilities of
the Grantee under this Agreement may not be assigned (in whole or in part) except with the
express written approval of the Department acting through its Director. Any assignment by
the Grantee in violation of this provision renders this Agreement voidable by the Department.
C. Severabiilly Clause. If any provision under this Agreement cr its application to any
person or circumstances is held invalid by any court of compett:nt jurisdiction, this invalidity
does not affect any other provision or its application of this Agreement which can be given
effect without the Invalid provision or application.
D.' Integratlan Clause. This Agreement, with attachments, as written, is the full and
complete agreement between the parties and there are no oral agreements or understandings
between the parties other than what has been reduced to writing herein.
E. Comptroller Filing Notice, The Grantee expressly understaods that whenever applicable,
• a copy of this Agreement and any modification, cancellation or renewal is required to be filed
by the Department with the State Comptroller.
F. Subcontract and Grants. The Grantee's services, duties and i esponsibilities specified
herein shall not be subcontracted or subgranted by the Grantee without prior written approval
of the Department, unless such subcontracts or subgrants are provided for elsewhere in this
Agreement. Any subcontracts or- subgrants shall be subject to, and conform with, all
applicable State and Federal laws, and shall specifically provide that subcontractors or
subgrantees are subject to all of the terms and conditions of this Agre-:ment.
•
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� r
• PART VI
STATE OF ILLINOIS REQUIRED
CERTIFICATIONS
The Grantee makes the following certifications as a condition of this Agreement. These
certifications are required by State statute and are in addition to arsy certifications required
by any Federal funding source as set forth in this Agreement. Grantee's execution of this
Agreement shall serve-as Its attestation that the certifications made herein are true and
correct.
6.1 COMPLIANCE WITH APELICABLE LAW, The Grantee certifies that it shall comply with all
applicable provisions of Federal, State and local law in the performance of its obligations
pursuant to this Agreement.
6,2 CONFLICT OF INTEREST. The Grantee certifies that it has no public or private interest,
direct or indirect, and shall not acquire directly or indirectly any such interest which does or
may conflict in any manner with the performance of Grantee's services and obligations under
this Agreement.
6.3 Rip-RIGGIN /BID-RO_T_AIING. The Grantee certifies that it has not been barred from
contracting with a unit of State or local government as a result of a Oolation of Section-33E-3
or 33E•4 of the Criminal Code of 1961 (720 ILCS 5/33 E-3 and 15/33 E-4).
6.4 DEFAULT ON EDUQAJI0NAL LOAN, The Grantee certifies that this Agreement is not in
• violation of the Educational Loan Default Act (5 ILCS 385/3) prohibiting certain contracts to
individuals who are in default on an educational loan.
6.5 AMERICANS WITH DISABILITIES-ACT, The Americans with Disabilities Act (ADA) (42
U.S.C. 12101 et, seq.) and the regulations thereunder (28 CFR 35.130) 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 grant, the Grantee certifies that services, programs and activities provided
under this Agreement are, and will continue to be, in compliance with the ADA.
6.6 DRUGEREE WORKPLACE ACT. The Grantee certifies that:
A) It is a Corporation, Partnership, or other entity (other then an individual)with 24
or fewer employees at the time of execution of this Agre.;ment.
B) That the purpose of this grant is to fund solid waste reduction.
C) It is a Corporation, Partnership, or other entity (other then an individual) with 25
or more employees at the time of execution of this Agreement, or
D) That it is an individual.
If Option "A" or "B" is checked this Agreement is not subject to the requirements of the Act,
•
Oct-02-2002 04:10pm Front-DCCA IL FIRST 217-557-9883 T-137 P.027/028 F-429
If Option "C' or °D" is checked and the amount of this grant is five thousand dollars
($5,000.00) or more, the Grantee is notified that the Drugfree Workplace Act (30 I LCS 580/1
et seq.) is applicable to this Agreement, and the Grantee must comply with the terms of said
Act, as set forth below:
Grantee will provide a drugfree workplace by:
(a) Publishing a statement:
(i) Notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance, Including cannabis, is prohibited in the
Grantee's workplace.
(ii) Specifying the actions that will be taken against employees for violations of such
prohibition.
(iil)Notifying the employee that, as a condition of employment on such 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 employee. about.
(i) the dangers of drug abuse in the workplace;
(ii) the Grantee's policy of maintaining a drug free workplace;
(iii)any available drug counseling, rehabilitation and employee assistance programs; and
(iv)the penalties that may be imposed upon an employee for dru,; violations.
(c) Providing a copy of the statement required by subparagrapn (a) to each employee
engaged in the performance of the grant and to post the statement in a prominent place
in the workplace.
(d) Notifying the granting agency within ten (10) days after receiving notice, under part (B) of
paragraph (Iii) of subsection (a) above, from an employee or otherwise receiving actual
notice of such conviction.
(e) Imposing a sanction on, or requiring the satisfactory participation in, a drug abuse
assistance or rehabilitation program by any employee who is so convicted, as required by
Section 5 of the Drugfree Workplace Act, 30 1LCS 580/5.
•
.,
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• (f)' Assisting employees in selecting a course of action in the event drug counseling,
treatment and rehabilitation are required and indicating thcit a trained referral team is in
place.
(g) Making a good faith effort to continue to maintain a drugfree workplace through
implementation of the.Drugfree Workplace Act, 30 ILCS 580/5.
If Grantee is an individual, it certifies that it will not engage in the unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance in the performance of
this Agreement.
6.7 TI-BRIBERY_. The Grantee certifies that neither it nor it; employees have been
convicted of bribing or attempting to bribe an officer or employee of the State of Illinois, nor
has Grantee or any of its employees made an admission of guilt, of such conduct which is a
matter of record as defined in the Illinois Procurement Code (30 ILCS 500/50.5):
6.8 DISCRIMINATION/ILLINOIS HUMAN RIGHTS ACT. The Grantee certifies (i) that it will
not commit unlawful discrimination in employment in Illinois as that term is defined in Article
2 of said Act; (il) that it will comply with the provisions of Article 5 of the Act regarding equal
employment opportunities and affirmative action; and, (iii) that it will comply with policies and
procedures established by the Department of Human Rights under Article 7 of the Act
regarding equal employment opportunities and affirmative action.
• The Grantee further certifies that, if applicable, it will comply with "An Act to prohibit
discrimination and intimidation on account of race, creed, color, sex, religion, physical or
mental handicap unrelated to ability or national origin in employment under contracts for
public buildings or public works." (775 ILCS 10/0.01 et. seq.)
6.9 SEXUAL HARASSMENT, The Grantee certifies that it has written .sexual harassment
policies that shall include, at a minimum, the following information: (1) the illegality of sexual
harassment; (ii) -the definition 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 procu�ss available through the
Department of Human Rights and the Human Rights Commission; (vi) directions on how to
contact the Department and Commission; and (vil) protection against retaliation as provided
.by Section 6.101 of the Illinois Human Rights Act (775 ILCS 5/2-105 (13)(5). A copy of the
Policies shall be provided to the Department upon request.
6.10 INTERNATIONAL ANTI-BOYC=OTT CERTIFICATION, The Grantee hereby certifies that
neither the Grantee nor any substantially owned affiliate company of the Grantee is
participating or will participate in an international boycott, as definE-d by the provisions of the
U.S. Export Administration Act of 1979, or as defined by the regulations of the U.S.
Department of Commerce, promulgated pursuant to that Act (30 ILCS 582/1 et seq.).
•