2001-12RESOLUTION NO. 2001- 12
A RESOLUTION APPROVING AN ILLINOIS FIRST GRANT AGREEMENT
WITH THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES
RELATED TO BIKEWAY AND STREET LIGHTING SYSTEM IMPROVEMENTS
WHEREAS, an agreement with the Illinois Department of Natural Resources is
required in order to finalize an Illinois First Grant for bikeway and street lighting
improvements;
NOW, THEREFORE, BE IT RESOLVED, BY THE VILLAGE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK
AND LAKE COUNTIES, ILLINOIS, as follows:
The attached agreement entitled "Grant Agreement between the Department of
Natural Resources and the Village of Buffalo Grove /Contract No. l IF007" is
hereby approved.
2. The Village President is hereby authorized and directed to execute the agreement.
A copy of said agreement is attached hereto and made a part hereof.
AYES: 6 - Marienthal, Braiman, Hendricks, Glover, Berman, Johnson
NAYES: 0 - None
ABSENT: 0 - None
PASSED: March 19 , 2001
APPROVED: March 19 , 2001
Approved:
rZa.70.M., =
Village President
Attest:
Village Clerk
G:\PWDIRGRP\LHC\ILFIRST\res0l.doc
•
Contract No. 1IF007
GRANT AGREEMENT
BETWEEN THE
DEPARTMENT OF NATURAL RESOURCES
AND THE
Village of Buffalo Grove
This Grant agreement between the State of Illinois, Department of Natural Resources, hereinafter
referred to as the DNR, and the Village of Buffalo Grove hereinafter referred to as the Village
District. Witnesseth:
Whereas, Illinois Compiled Statutes section 20 ILCS 805/63b2.9 authorizes the DNR to make grants
to other State agencies, universities, not - for - profit organizations and local governments, pursuant
to an appropriation in the exercise of its statutory powers and duties.
Whereas, Article 11, Section 268 of House Bill 4437 appropriated the sum of $75,000 from the
FIRST Illinois fund to the DNR for a grant to the Village for bike path construction and street.
lighting improvements.
Whereas, the appropriation made under Section 268 of House Bill 4437 is made to the DNR to
provide funding to the Village which is subject to the terms and conditions of this agreement as
required pursuant to the Grant Funds Recovery Act (30 ILCS 705/1 et. seq.).
Whereas, funds provided under this agreement shall be used for the public purpose of constructing
a bike path and street lighting improvements which is acknowledged to be within the scope of the
powers and duties of DNR and the Village and that this public purpose is furthered by the execution
of this agreement.
Now therefore, for and in consideration of the mutual benefits to be derived from carrying out the
undertakings hereinafter contained, the sufficiency of which is hereby acknowledged, as well as other
good and valuable consideration, the parties hereto agree as follows:
GRANT: In accordance with House Bill 4437, which was passed by the State of Illinois
General Assembly and signed by the Governor of Illinois, the DNR awards this grant of
$75,000, FIRST Illinois Funds to be used for bike path construction and street lighting
improvements as per documents provided by the Village to the DNR and attached to this
Agreement. (Attachment A).
2. TERMS: The terms of this agreement shall be from the execution date of this Agreement
to December 31, 2002. All payments made from this grant are to be for costs incurred and
for work related to this project as per the documents provided by the Village to the DNR and
attached to this Agreement. (Attachment A).
GRANT AMOUNT: The amount of this grant is $75,000.
'4. 'DISBURSEMENTS: All funds being disbursed through this grant will be on a
reimbursement basis. The Village will submit to DNR requests for funding, up to the
funding limit established in this Agreement. Billings may be submitted on a monthly basis
with no billing to be submitted for less than $25;000.; the only exception being the final
billing. All disbursement requests will be accompanied by an executed copy of the DNR's
"Payment Request Certification ", (Attachment. B), a copy of which is attached to this
Agreement.
5. RESPONSIBILITIES OF THE Village: The Village is to provide the DNR with copies
of all vendor billings and invoices paid with these grant funds and copies of the Village's
canceled checks or lien waivers for said expenditures. Upon request, the Village is to
provide copies of or access to all contracts pertaining to this grant.
The Village shall use good faith efforts to recruit, develop and extend employment and
contracting opportunities to women, minorities (and persons with disabilities) from funds
received under this grant.
Nothing herein shall be deemed to modify or negate any requirements of the Business
Enterprise for Minorities, Females and Persons with Disabilities Act, or any other provision
of this grant agreement.
The Village is to file with the DNR a progress report by January .1, 2002 relating to the
progress of the grant project, (Attachment C), a copy of which is attached to this Agreement.
It is to be mailed to Department of Natural Resources, Division of Grant Administration, 524
South Second Street, Room 315, Springfield, Illinois 62701 -1787.
6. APPROPRIATION: Obligations of the DNR 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 contract. .
7. CERTIFICATIONS:
(Attachment D ).
TERMINATION: This contract may be terminated immediately for violation of terms or
at the will of either party upon 30 days written notice. In the event of termination, the
Village will be reimbursed for allowable project expenditures up to the date of termination.
9. LAWS OF ILLINOIS: The Village shall be governed in all respects by the laws of the
State of Illinois and applicable Federal laws.
10. UNLAWFUL DISCRIMINATION:
A. The Village agrees not to commit unlawful discrimination in employment in Illinois
as that term is used in the Illinois Human Rights Act (775 ILLS, 511-101 et. seq.).
B. The Village agrees to comply with "An Act" to prohibit discrimination and
intimidation on account of race, creed, color, sex, religion, disability, or national
origin in employment under contracts for public buildings or public work, approved
July 8, 1993, as amended. The provisions of this Act are made part of this contract
by reference as though set forth in full within.
11. AUDITS AND RECORDS: The Village shall maintain, for a minimum of 5 years after the
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; the contract and all books, records, and supporting documents related to the
contract shall be available for review and audit by the Auditor General; and 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 the 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.
All records are subject to inspection and audit by the DNR or its representatives. Any audit
findings pertaining to this grant that result in a documented misuse of these grant funds by
the local governmental unit are grounds for the State to receive a reimbursement of such
funds, but only to the extent of the misuse; provided, however, if the Village disagrees with
the audit findings it may take appropriate steps to contest the reimbursement. This provision
applies to all audit findings regarding the grant funds, whether the audit was conducted by
the state, local government unit or outside auditors. The DNR is to be notified of any such
findings by the Village. Copies of any audits performed on the Village during the period of
the grant are to be supplied to the DNR.
12. INDEMNIFICATION: The Village covenants and agrees that it shall indemnify, protect,
defend and hold harmless DNR from any and all liability, costs, damages, expenses, or
claims thereof arising under, through or by. virtue of the construction; operation and
maintenance of the proposed facilities.
13. PERMITS & ENVIRONMENTAL COMPLIANCE:
C. Work on the approved project shall not commence and no payment under this grant
shall be made until the Village, as set forth under the Department's Comprehensive
Review Process (CERP), has initiated and completed: all necessary project review
consultation with the Department as required by section 11 of the Endangered
Species Protection Act, 520 ILCS 10 /11; section 17 of the Illinois Natural Areas
Protection Act, 525 ILCS 30/17; the mitigation or compensation determinations
required by the Interagency Wetland Policy Act, 20 ILCS 830/1 et seq. and the
environmental and economic impact determination required by section 9 of the
Historic Preservation Act, 20 ILCS 3410/9.
D. In connection with and prior to the construction, and thereafter the subsequent
operation and maintenance of the grant assisted facilities, the Village agrees that it
shall be responsible for and obtain all necessary Permits, Licenses or Forms of
Consent, as the case may be, as required by law.
14. The Village certifies that neither it nor any substantially -owned affiliated company is
participating or shall participate in an international boycott in violation of the provisions of
the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of
Commerce promulgated under that Act.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the date entered below.
00 STAT F ILLINOIS
(Signature)
Director
(Title)
Department of Natural Resources
Date: ' 0
Required additional signatures for contracts and contract
renewals totaling $250,000 or more per Public Act 90 -452.
DNR Chief Legal Counsel
DNR Chief Fiscal Officer
Attachments: A. Scope of Construction Work
B. Payment Request Certification Form
C. Project Status Report
D. State of Illinois, Grant Contract Certifications
PROJECT SPONSOR
Village of Buffalo Grove
(Agency)
(Signature
Elliott Hartstein
(Name)
Village President
(Title)
Approved for use by DNR Legal Counsel, 5100
PROJECT SPONSOR:
Village of Buffalo Grove
GRANT AMOUNT: $75,000
PROJECT DESCRIPTION:
0
ATTACHMENT A
PROJECT TITLE:
Bike Path Construction & Lighting
PROJECT NUMBER: 1IF007
The Village will construct a bike path in the southern portion of the village with some
adjacent street lighting improvements.
ATTACHMENT B
DEPARTMENT OF NATURAL RESOURCES
LEGISLATIVE LINE ITEM GRANT PROGRAM
Grantee Payment Request Certification
I certify that the goods or services specified on this request for payment were for the use of this agency and
that the expenditure for such goods or services was authorized and lawfully incurred, that such goods or
services meet all the required standards set forth in the grant agreement to which this request for payment
relates, and that the amount shown below on this request is correct and approved for payment.
Amount of Grant Payment Requested:
Date of Request:
Requested By:
Signature of Authorized Officer
Agency:
Contract #:
Project Title:
FEIN #:
Attach copies of vendor billings, proof of payment, and other necessary documentation.
Payment is being requested for the following project components /costs:
(Please type or print clearly)
DNR Use Only
Billing #:
Date:
DNR Approval:
•
IL Dept. of Natural Resources
of Grant Administration (DGA)
Project #:
Project Sponsor:
Project Title:
•
ATTACHMENT C
Grant Adm. Division
Development Project Status Report
(Reports due January 1 and July 1 to DGA)
Check appropriate box:
[ ] Project currently in design stage. (Anticipated bid advertisement date:
All necessary construction permits secured: [ ] Yes [ ] No
(If no, describe on back of page what permits are still needed and their status)
{ ] Project currently out to bid or bids received
(Anticipated construction start date:
completion date: )
[ ] Project under construction (approx. percentage completed)
[
]<25% [ ] 25% [ ] 50% [ ] 75%
(provide brief description of work completed and remaining to be done)
[ ] Project construction complete. (Anticipated Final Billing submittal date:
Comments
Prepared by: Date:
[ ] 90%
11L''L,1N01,S •
�- ATTACHMENT D
CERTIFICATIONS
M-F � 71_____ I
(Contractor as stated herein refers to the Grantee or Project Sponsor)
DEPARTMENT OF
NATURAL
RESOURCES I. The Contractor 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).
II. The Contractor certifies that it 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 Contractor 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 Contractor 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. Under penalties of perjury, I certify that the name, taxpayer identification number, and legal status listed below are correct.
Name: Village of Buffalo Grove
Taxpayer ID / Social Security Number:
OR
Federal Employer Identification Number (FEIN)
36- 2525051
(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 FEIN.)
Legal Status (Check one):
❑ Individual
❑ Owner of Sole Proprietorship
• Partnership
• Tax - exempt hospital or extended care facility
❑ Corporation providing or billing
medical and /or health care services
❑ Corporation NOT providing or
billing medical and /or health care service
N Governmental Entity
❑ Nonresident alien individual
❑ Estate or legal trust
• Foreign corporation, partnership, estate, or trust
• Other:
VI. This certification is required by the Drug Free Workplace Act (30 ILCS 580/1) for contracts and grants effective January 1, 1992.
The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for 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 or 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; acid
(B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than
five (5) days after such conviction.
(b) Establishing a drug free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's or contractor's policy of maintaining a drug free workplace;
(3) any available drug 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 (a) to each employee engaged in the performance of the
contract or grant and to post the statement in a prominent place in the workplace.
(d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) 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 Drug Free Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug counseling, treatment, and rehabilitation is required
and indicating that a trained referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free
Workplace Act.
INDIVIDUALS: If contractor is an individual, or an individual doing business in the form of a sole proprietorship, the individual
certifies that the individual will not engage in the unlawful manufacture, distribution, dispensation; possession or use of a
controlled substance in the performance of the contract. Vendor certifies that it will not engage in the unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance in the performance of the contract.. This requirement
applies to contracts of more than $5,000.
VII. In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, and Section
504 of the Federal Rehabilitation Act, the Department of Central Management Services does not unlawfully discriminate in
employment, contracts, or any other activity.
Contractor, 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 vendor certifies that services,
programs and activities provided under this contract are and will continue to be in compliance with the ADA.
VIII. Contractor 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. Vendor acknowledges and agrees that if such early retirement incentive was received, this contract is not valid unless
the official executing the contract has made the appropriate filing with the Auditor General prior to execution.
IX. RETENTION OF RECORDS: Contractor 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.
X. SEXUAL HARASSMENT: Pursuant to 775 ILCS 5/2- 105(A)(4), vendor shall have written sexual harassment policies that shall
include, at a minimum, the following information: (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 vendor fs 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 Department upon request.
XI. For contracts exceeding $10,000, the Contractor certifies that neither it nor any substantially -owned affiliated company is
participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act
of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act.
XII. Contractor shall notify the Department's Ethics Officer if Contractor 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.
XIII. WAGES OF LABORERS, MECHANICS AND OTHER WORKERS: If applicable, the Contractor 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.
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.
CONTRACTOR:
BY:
TITLE: Village President
DHR Public Contract Number * : � ,� a /o I
r 1,
( * ) Department of Human Rights Public Contract Number. Each
Contractor having 15 or more employees must have a current Public
Contract number or have proof of having submitted a completed
application for one. Application forms may be obtained by contacting
the Department of Human Rights, Public Contracts Section, 100 W.
Randolph, 10' Floor, Chicago, Illinois 60601 or calling 312/814 -2432
(TDD 312/263- 1579). In the space provided, show your Public Contract
Number or, if not available, the date a completed application for the
number was submitted to the Department of Human Rights. Contractors
with less than 15 employees may indicate "not applicable ".
Approved by DNR Legal Counsel January, 1999